THE PREMISES, ON A MONTH-TO-MONTH BASIS, PROVIDED THE
ADMINISTRATIVE AGENT AND THE LENDERS PAY RENT TO THE LANDLORD FOR EACH MONTH AT
THE MONTHLY RENT PROVIDED FOR IN THE LEASE. THE ADMINISTRATIVE AGENT AND/OR THE
LENDERS SHALL GIVE THE LANDLORD AT LEAST TEN (10) CALENDAR DAYS' NOTICE IF THE
ADMINISTRATIVE AGENT AND/OR THE LENDERS WISH TO TERMINATE THE ADMINISTRATIVE
AGENT'S OR THE LENDERS' USE OF THE PREMISES FOR STORAGE AT THE END OF ANY MONTH
DURING THE ONE HUNDRED TWENTY (120) DAY PERIOD. IF THE ADMINISTRATIVE AGENT OR
THE LENDERS HAVE BEEN USING THE PREMISES FOR STORAGE AND FAIL TO GIVE SUCH
NOTICE, THE ADMINISTRATIVE AGENT OR THE LENDERS SHALL BE RESPONSIBLE FOR THE
NEXT MONTH'S RENT, EVEN IF THE ADMINISTRATIVE AGENT OR THE LENDERS ARE NO LONGER
USING THE PREMISES FOR STORAGE. THE ADMINISTRATIVE AGENT AND THE LENDERS SHALL
HAVE NO OBLIGATION TO PAY ANY RENT UNDER THE LEASE FOR ANY PERIOD OF TIME PRIOR
TO THE DATE THE LESSEE LOST POSSESSION OF THE PREMISES AND THE ADMINISTRATIVE
AGENT AND/OR THE LENDERS NOTIFY THE LANDLORD OF THEIR INTENTION TO USE THE
PREMISES. THE ADMINISTRATIVE AGENT AND THE LENDERS MAY CONDUCT ONE OR MORE
AUCTION SALES OF THE COLLATERAL AT THE PREMISES DURING THE PERIOD THE
ADMINISTRATIVE AGENT OR THE LENDERS ARE USING THE PREMISES FOR STORAGE OF THE
COLLATERAL. AS USED IN THIS SECTION, THE TERM "MONTH" SHALL MEAN A CALENDAR
MONTH.
149. THE LANDLORD SHALL NOTIFY ANY PURCHASER OF THE PREMISES AND ANY SUBSEQUENT
MORTGAGEE OR ANY OTHER HOLDER OF ANY LIEN, SECURITY INTEREST OR ENCUMBRANCE ON
THE PREMISES OF THE EXISTENCE OF THIS AGREEMENT.
150. THE LANDLORD HEREBY CERTIFIES THAT THE LANDLORD HAS FULL POWER AND
AUTHORITY TO EXECUTE THIS AGREEMENT AND THAT IT HAS LEGAL TITLE TO THE PREMISES.
151. THIS AGREEMENT SHALL CONTINUE IN EFFECT DURING THE TERM OF THE CREDIT
AGREEMENT AND ANY EXTENSIONS, RENEWALS, REFINANCINGS OR MODIFICATIONS THEREOF
AND ANY SUBSTITUTIONS THEREFOR, SHALL BE BINDING UPON THE SUCCESSORS, ASSIGNS
AND TRANSFEREES OF THE LANDLORD, AND SHALL INURE TO THE BENEFIT OF THE
ADMINISTRATIVE AGENT, THE LENDERS, AND THEIR SUCCESSORS AND ASSIGNS. THE
LANDLORD HEREBY WAIVES NOTICE OF THE ADMINISTRATIVE AGENT'S AND THE LENDERS'
ACCEPTANCE OF AND RELIANCE ON THIS AGREEMENT.
[SIGNATURE PAGE FOLLOWS]
[SIGNATURE PAGE - LANDLORD'S WAIVER]
IN WITNESS WHEREOF, the Landlord has caused this Agreement to be executed,
sealed and delivered on the day and year first written above.
WITNESS / ATTEST:
LANDLORD:
By:
Name:
Title:
Address:
ACKNOWLEDGEMENT TO BE MADE BY OWNER OR LANDLORD
STATE OF
COUNTY OF
TO WIT:
I HEREBY CERTIFY that on this
day of
,
, before
me, a Notary Public for the state and county aforesaid, personally appeared
, known to me or satisfactorily proven to be the person
whose name is subscribed to the foregoing instrument, who acknowledged that
he/she is the
, that he/she has been duly authorized to
execute, and has executed, the foregoing instrument on behalf of the said entity
for the purposes therein set forth, and that