SET FORTH, IN
REASONABLE DETAIL, SUCH CAPITAL ADDITION TO BE FUNDED BY THE ALLOWANCE AND
TENANT SHALL PROVIDE LANDLORD WITH APPROPRIATE INVOICES AND SUCH OTHER
DOCUMENTATION AND INFORMATION AS LANDLORD SHALL REASONABLY REQUEST EACH TIME
TENANT REQUESTS A DISBURSEMENT OF THE ALLOWANCE.
PROVIDED THAT NO EVENT OF
DEFAULT SHALL HAVE OCCURRED AND BE CONTINUING AND TENANT SHALL OTHERWISE BE IN
COMPLIANCE WITH THE APPLICABLE PROVISIONS OF ARTICLE 6 OF THE LEASE, LANDLORD
SHALL, WITHIN TEN (10) BUSINESS DAYS AFTER SUCH NOTICE, DISBURSE SUCH REQUIRED
FUNDS TO TENANT (OR, IF TENANT SHALL SO ELECT, DIRECTLY TO SUBTENANT) AND, UPON
SUCH DISBURSEMENT, THE MINIMUM RENT SHALL BE ADJUSTED AS PROVIDED IN
SECTION 3.1.1(B).
5.
TERMINATION OF SUBLEASE.
TENANT ACKNOWLEDGES THAT, REGARDLESS OF
CAUSE, ANY TERMINATION OF THE SUBLEASE PURSUANT TO SECTION 19.4 THEREOF SHALL
NOT AFFECT THE PARTIES' OBLIGATIONS UNDER THE LEASE.
6.
RATIFICATION.
AS AMENDED HEREBY, THE LEASE IS HEREBY RATIFIED
AND CONFIRMED.
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IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be duly
executed, as a sealed instrument, as of the date first set forth above.
LANDLORD:
HPT PSC PROPERTIES TRUST
By:
/s/ John G. Murray
John G. Murray
President
HPT PSC PROPERTIES LLC
By:
/s/ John G. Murray
John G. Murray
President
TENANT:
PETRO STOPPING CENTERS, L.P.
By:
/s/ Thomas M. O'Brien
Thomas M. O'Brien
President
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