(iv) agrees
that nothing herein shall affect the right to effect service of process in any
other manner permitted by Applicable Law. EACH PARTY, TO THE EXTENT PERMITTED BY
LAW, HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO HAVE A JURY
PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT, OR
OTHERWISE, AMONG OR BETWEEN THE PARTIES HERETO ARISING OUT OF, IN CONNECTION
WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THE
PARTIES IN CONNECTION WITH THIS LEASE, ANY OTHER OPERATIVE DOCUMENT OR ANY OTHER
DOCUMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS
RELATED HERETO. THIS WAIVER SHALL NOT IN ANY WAY AFFECT, WAIVE, LIMIT, AMEND OR
MODIFY THE LESSOR'S ABILITY TO PURSUE ANY REMEDIES CONTAINED IN THIS LEASE, THE
OTHER OPERATIVE DOCUMENTS OR ANY OTHER AGREEMENT OR DOCUMENT RELATED HERETO. IT
IS EXPRESSLY UNDERSTOOD AND AGREED BY AND BETWEEN THE LESSEE AND THE LESSOR AND
THEIR RESPECTIVE SUCCESSORS AND ASSIGNS THAT NOTHING HEREIN CONTAINED SHALL BE
DEEMED TO BE A COVENANT, STIPULATION, OBLIGATION OR AGREEMENT OF ANY PRESENT OR
FUTURE MEMBER, OFFICER, AGENT, OR EMPLOYEE OF THE LESSOR IN OTHER THAN HIS
OFFICIAL CAPACITY, AND NO OFFICER, AGENT OR EMPLOYEE OF THE LESSOR SHALL BE
SUBJECT TO ANY PERSONAL LIABILITY OR ACCOUNTABILITY BY REASON OF THE
STIPULATIONS, OBLIGATIONS OR AGREEMENTS CONTAINED IN THIS LEASE.
36
IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to
be executed by their respective duly authorized officers as of the day and year
first above written.
LESSEE:
NAP OF THE CAPITAL REGION, LLC,
a Florida limited liability company
By:
Terremark Worldwide, Inc.
Its:
Sole Member
By:
/s/ Jose Segrera
Name:
Jose
Segrera
Title:
Chief Financial Officer
LESSOR:
CULPEPER LESSOR
2007-1 LLC,
a Delaware limited liability company
By:
Credit Suisse Management LLC
Its:
Sole Member
By:
/s/ Damien Dwin
Name:
Damien
Dwin
Title:
Vice President
S-1
APPENDIX I
TO
PARTICIPATION AGREEMENT, LEASE AGREEMENT
AND OTHER OPERATIVE DOCUMENTS
DEFINITIONS AND INTERPRETATION
[See separate text]
I-1
APPENDIX II
DESCRIPTION OF LEASED PROPERTY
I. Land: See Exhibit A attached, together with all Appurtenances.
II. Improvements:
Any and all buildings, structures and improvements hereafter erected on the Land
by the Lessee in connection with the making of any Alterations by the Lessee,
together with all fixtures, fittings, apparatus, furnishings and equipment
constituting a part thereof or incorporated therein, including, without
limitation, all heating, electrical, lighting, power, plumbing, air conditioning
and ventilation equipment and all replacements of and substitutions for any of
the foregoing, but excluding the Lessee's Personal Property, except as expressly
set forth in the Lease to which this Appendix II is appended.
II-1
EXHIBIT A
LEGAL DESCRIPTION OF LAND
PARCEL I:
ALL THAT CERTAIN LOT OR PARCEL OF LAND TOGETHER WITH ALL BUILDINGS AND
IMPROVEMENTS THEREON AND PRIVILEGES AND APPURTENANCES THEREUNTO BELONGING,
SITUATED, LYING AND BEING ON THE NORTH SIDE OF U.S. ROUTE 29 BY-PASS IN
STEVENSBURG MAGISTERIAL DISTRICT, CULPEPER COUNTY, VIRGINIA, AND BY A SURVEY OF
JOHN R. HUDSON, CLS, DATED SEPTEMBER 5, 1979,