of this Lease) take such action is connection therewith as may be
(and within the time frame) required by Law to cause the same to comply.
TENANT ACKNOWLEDGES THAT UPON OCCUPANCY OF THE PREMISES (1) IT HAS INSPECTED AND
ACCEPTS THE PREMISES IN AN "AS IS, WHERE IS" CONDITION, (2) THE BUILDING'S
IMPROVEMENTS ARE SUITABLE FOR THE PURPOSE FOR WHICH THE PREMISES ARE LEASED AND
LANDLORD HAS MADE NO WARRANTY REPRESENTATION, COVENANT, OR AGREEMENT WITH
RESPECT TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE
PREMISES, (3) THE PREMISES ARE IN GOOD AND SATISFACTORY CONDITION, (4) NO
REPRESENTATIONS AS TO THE REPAIR OF THE PREMISES, NOR PROMISES TO ALTER, REMODEL
OR IMPROVE THE PREMISES HAVE BEEN MADE BY LANDLORD (UNLESS AND EXCEPT AS MAY BE
SET FORTH IN EXHIBIT B ATTACHED TO THIS LEASE, OR AS IS OTHERWISE EXPRESSLY SET
FORTH IN THIS LEASE), AND (5) NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE
REGARDING THE CONDITION OR SUITABILITY OF THE PREMISES ON THE COMMENCEMENT DATE
(UNLESS AND EXCEPT AS MAY BE EXPRESSLY SET FORTH IN EXHIBIT B ATTACHED TO THIS
LEASE, OR AS IS OTHERWISE EXPRESSLY SET FORTH IN THIS LEASE). FURTHER, TO THE
EXTENT PERMITTED BY LAW, TENANT WAIVES ANY IMPLIED WARRANTY OF SUITABILITY OR
OTHER IMPLIED WARRANTIES THAT LANDLORD WILL MAINTAIN OR REPAIR THE PREMISES OR
ITS APPURTENANCES EXCEPT AS MAY BE CLEARLY AND EXPRESSLY PROVIDED IN THIS LEASE.
[Signatures on following page]
14
Executed by Landlord on the
day of
,
.
LANDLORD:
HEP DAVIS SPRING, L.P.,
a Texas limited partnership
By:
IND-HP GP, Inc.,
a Texas corporation
By:
Name:
Title:
Address:
C/O HPI Real Estate, Inc.
3600 North Capital of Texas Highway Building B, Suite 250
Austin, Texas 78746
Telephone:
(512) 835-4455
Telecopy:
(512) 835-1222
Executed by Tenant on the
day of
,
.
TENANT:
HEALTHTRONICS, INC.,
a Georgia corporation
By:
Name:
Title:
Address:
Telephone:
Telecopy:
Taxpayer ID #
OR
Social Security #
EXHIBIT A
Description of Premises and Floor Plan
EXHIBIT A-l
Project
EXHIBIT B
Work Letter
EXHIBIT C
Notice of Commencement
EXHIBIT D
Signage Specifications
EXHIBIT E
Surrender Conditions
EXHIBIT F
Intentionally Deleted
EXHIBIT G
Termination Option
EXHIBIT G-1
Allowance Amortization Schedule for Termination Option
15
EXHIBIT A
DESCRIPTION OF PREMISES AND FLOOR PLAN
Legal Description:
Lot 8, Block A, Section 9A Davis Spring Commercial,
recorded in Document No. 199984906 of Williamson County, Texas Premises:
Davis Spring Corporate Center 3
9825 Spectrum Drive, Suite 300
Austin, Texas 78729
LOGO [g13458image_016.jpg]
A-1
EXHIBIT A-1
PROJECT
Legal Description:
Lot 1, Block A, Section 2 Davis Spring Commercial, recorded in Document
No. 2007071430 of Williamson County, Texas
and
Lot 8, Block A, Section 9A Davis Spring Commercial, recorded in Document
No. 199984906 of Williamson County, Texas
LOGO [g13458image_017.jpg]
A-1-1
EXHIBIT B
WORK LETTER
1. Landlord shall cause to be prepared and submitted to Tenant a complete set of
plans and specifications (the "Plans") describing the improvements to be made to
the Premises (the "Initial Improvements"). Tenant shall review the Plans and