PARK WEST L.L.C.
INOVIO BIOMEDICAL CORPORATION
By:
Mack-Cali Glendale Limited Partnership, member
By:
Mack-Cali Sub XXII, Inc., general partner
By:
By:
Name:
J. Joseph Kim
Title:
Chief Executive Officer
11
RIDER A
Confession of Judgment
This Rider is made a part of that certain Lease Agreement dated
by and between INOVIO BIOMEDICAL CORPORATION,
as Tenant and SENTRY PARK WEST L.L.C., as Landlord.
Notwithstanding, anything
in the Lease to the contrary, the provision of this Rider A shall prevail.
LANDLORD SHALL HAVE THE FOLLOWING RIGHTS TO CONFESS JUDGMENT AGAINST TENANT AND
ALL PERSONS CLAIMING THROUGH TENANT, FOR POSSESSION OF THE DEMISED PREMISES TO
LANDLORD:
(i)
WHEN THIS LEASE SHALL BE TERMINATED BY REASON OF A DEFAULT BY
TENANT OR ANY OTHER REASON WHATSOEVER, EITHER DURING THE ORIGINAL TERM OF THIS
LEASE OR ANY RENEWAL OR EXTENSION THEREOF, AND ALSO WHEN THE TERM HEREBY CREATED
OR ANY EXTENSION THEREOF SHALL HAVE EXPIRED, IT SHALL BE LAWFUL FOR ANY ATTORNEY
TO APPEAR FOR TENANT IN ANY AND ALL SUITS OR ACTIONS WHICH MAY BE BROUGHT FOR
POSSESSION AND/OR EJECTMENT; AND AS ATTORNEY FOR TENANT TO CONFESS JUDGMENT IN
EJECTMENT AGAINST TENANT AND ALL PERSONS CLAIMING UNDER TENANT FOR THE RECOVERY
BY LANDLORD OF POSSESSION OF THE DEMISED PREMISES, FOR WHICH THIS LEASE SHALL BE
LANDLORD'S SUFFICIENT WARRANT.
UPON SUCH CONFESSION OF JUDGMENT FOR POSSESSION,
IF LANDLORD SO DESIRES, A WRIT OF EXECUTION OR OF POSSESSION MAY ISSUE
FORTHWITH, WITHOUT ANY PRIOR WRIT OR PROCEEDINGS WHATSOEVER.
IF FOR ANY REASON
AFTER SUCH ACTION SHALL HAVE BEEN COMMENCED, THE SAME SHALL BE DETERMINED AND
THE POSSESSION OF THE DEMISED PREMISES SHALL REMAIN IN OR BE RESTORED TO TENANT,
THEN LANDLORD SHALL HAVE THE RIGHT UPON ANY SUBSEQUENT OR CONTINUING DEFAULT OR
DEFAULTS, OR AFTER EXPIRATION OF THE LEASE, OR UPON THE TERMINATION OF THIS
LEASE AS HEREINBEFORE SET FORTH, TO BRING ONE OR MORE FURTHER ACTIONS AS
HEREINBEFORE SET FORTH TO RECOVER POSSESSION OF THE DEMISED PREMISES.
(ii)
In any action of ejectment, Landlord shall cause to be filed in
such action an affidavit made by Landlord or someone acting for Landlord setting
forth the facts necessary to authorize the entry of judgment, of which facts
such affidavit shall be conclusive evidence.
If a true copy of this Lease shall
be filed in such action (and the truth of the copy as asserted in the affidavit
of Landlord shall be sufficient evidence of same), it shall not be necessary to
file the original Lease as a warrant of attorney, any rule of court, custom or
practice to the contrary notwithstanding.
(iii)
The right to enter judgment against Tenant and to enforce all of
the other provisions of this Lease herein provided for, at the option of any
assignee of this Lease, may be exercised by any assignee of Landlord's right,
title and interest in this Lease in Tenant's own name, notwithstanding the fact
that any or all assignments of such right, title and interest may not be
executed and/or witnessed in accordance with the