Befriend Investments LLC v. KG Holdings, L.C. and W.E.P. Land Holdings, LLC

IN THE DISTRICT COURT IN AND FOR CANADIAN COUNTY STATE OF OKLAHOMA BEFRIEND INVESTMENTS LLC, an Oklahoma Limited Liability Company, Plaintiff, vs. KG HOLDINGS, L.C., an Oklahoma Limited Liability Company, and W.E.P. LAND HOLDINGS, LLC, an Oklahoma Limited Liability Company, Defendants. PETITION FOR BREACH OF CONTRACT AND EQUITABLE RELIEF COMES NOW the Plaintiff, Befriend Investments LLC ("Plaintiff"), and for its cause of action against the Defendants, KG Holdings, L.C. ("KG"), W.E.P. Land Holdings, LLC, ("W.E.P."), (collectively the "Defendants"), and alleges and states: 1. That the Plaintiff, Befriend Investments LLC, is an Oklahoma limited liability company in good standing with the State of Oklahoma. 2. That the Defendant, KG Holdings, L.C., is an Oklahoma limited liability company, in good standing. 3. That the Defendant, W.E.P. Land Holdings, LLC, is an Oklahoma limited liability company, in good standing. 4. This Court has personal jurisdiction over the Defendants because the transaction described below was entered into in Canadian County, State of Oklahoma. Venue is proper in this County because all or a substantial part of the events, transaction, or omissions giving rise to the claims, occurred in Canadian County. BACKGROUND 5. Plaintiff incorporates Paragraphs 1-4 above and makes such Paragraphs a part hereof. 6. The Defendants are the owners and/or landlords of 145. E. State Highway 152, Mustang, OK 73064 ("Premises"). 7. That on June 24, 2025, the Plaintiff toured the Premises at approximately, 10:00 a.m., and did not, during that inspection, notice any odors or chemicals. 8. That on the 1st day of July, 2025, Plaintiff and Defendants entered into a Lease for the letting of the Premises ("Contract"). A copy of the Contract is attached hereto as Exhibit 1. 9. That the purpose of the Plaintiff's use of the Premises as set forth in Section 1(c) of the Contract is for a wellness studio and meditation. 10. That Plaintiff did take possession of the Premises and did within that first week of July 2025 notice a strong odor of chemicals coming from the next door tenant, a nail salon. 11. That Plaintiff immediately notified Defendants of the odor of chemical and its effect on Plaintiff's ability to use the premises for Plaintiff's intended use. 12. That Defendants made verbal assurances that the issue would be resolved. 13. That thereafter on or about July 8, 2025, through July 16, 2025 Defendants did attempt to cure the issue. 14. That on the 23rd day of July, 2025, Defendant made further assurances to cure the issue. 15. That in reliance upon these assurances, Plaintiff did pay up front, one (1) years rent in the sum of $34,391.20. 16. That further attempts were made by Defendants to cure the issue, however the same was not cured within the time period as set forth in Section 13(a) of the Contract. 17. That Plaintiff, at its own expense obtained an Air Quality Report which recommended changes to the air pressure of the Premises. 18. That the odor made the Premises unusable by Plaintiff for the purpose as set forth in Section 1(c) of the Contract. 19. That on the 31st day of December, 2025, Plaintiff did notify Defendants of the breach of the Contract, Plaintiff's right to terminate the Contract, that Plaintiff had vacated the Premises, and a demand for the return of all sums paid by Plaintiff. 20. That Defendants have breached the Contract. 21. That Plaintiff has demanded a full refund of the $34,391.20, but Defendants have refused or otherwise failed to reimburse Plaintiff. COUNT I BREACH OF CONTRACT 22. Plaintiff incorporates Paragraphs 1-21 above and makes such Paragraphs a part hereof. 23. That Defendants created or otherwise drafted the Contract. 24. That the Premises was not delivered to Plaintiff in good condition and repair. 25. That the Defendants failed to provide quiet enjoyment of the Premises as required by Section 16 of the Contract. 26. That the Premises cannot be used for its intended purpose as set forth in Section 1(c) of the Contract 27. That Defendants were aware of, and permitted a violation by the adjoining renter, the nail salon, which obstructed the quiet enjoyment of Plaintiff's use of the Premises in violation of Section 17 of the Contract. 28. That Defendants failed to cure the issue within the time permitted in Section 13 of the Contract, after having received notice to cure from Plaintiff. 29. That Defendants inability to cure the issue is a constructive eviction of Plaintiff. 30. That Defendants breached the terms of the Contract. 31. That Defendants failed to cure the breach as provided in the terms of the Contract. 32. That Plaintiff is damaged in the amount of $34,391.20. 33. That Plaintiff incurred additional costs in attempted remediation that Defendants are further liable for. 34. That Plaintiff is relieved of any obligations under the Contract pursuant to Section 24(c) thereof. 35. That pursuant to the Contract, Plaintiff is entitled to an award of attorney fees. WHEREFORE, Plaintiff requests judgment be entered in its favor and against the Defendants as follows: 1. A monetary judgment in the amount of $34,391.20. 2. Plaintiff's costs and attorney's fees; 3. Such other relief as to which Plaintiff may be entitled. COUNT II UNJUST ENRICHMENT 36. Plaintiff incorporates Paragraphs 1-35 above and makes such Paragraphs a part hereof. 37. That the equitable theory of unjust enrichment, according to N.C. CORFF PSHP. v. OXY USA, INC., 1996 OK Civ App 92, 929 P.2d 288 is: A right of recovery . . . [that] is essentially equitable, its basis being that in a given situation it is contrary to equity and good conscience for one to retain a benefit which has come to him at the expense of another ... [It] arises not only where an expenditure by one person adds to the property of another, but also where the expenditure saves the other from expense or loss. 38. That Defendants are unjustly enriched by their retention of the $34,391.20 paid by Plaintiff. 39. That Plaintiff is damaged in the amount of $34,391.20. 40. That Plaintiff expended funds for the renovation of the Premises in the sum of $10,000.00. 41. That Defendants are marketing the Premises for lease. See attached email correspondence marked Exhibit 2. 42. That the leasing of the Premises to another would amount to a double collection of rent by Defendant, which entitles Plaintiff to the return of said rent paid to Defendants. 43. That pursuant to 12 O.S. §936, Plaintiff is entitled to an award of attorney fees. WHEREFORE, Plaintiff requests judgment be entered in its favor and against the Defendants as follows: 1. A monetary judgment in the amount of $44,391.20. 2. Plaintiff's costs and attorney's fees; 3. Such other relief as to which Plaintiff may be entitled. ATTORNEYS FOR PLAINTIFF By: Jacob Heskett (OBA #34156) Mary Beth Heskett (OBA #35414) Valley Law Partners, PLLC 215 N. Walnut St. Pauls Valley, Oklahoma 73075 (405) 238-4460 [email protected] [email protected] VERIFICATION STATE OF OKLAHOMA ) COUNTY OF Canadian ) ss: Sherry Advani, being duly sworn, says that she is one of the owners of Plaintiff above named; that she has read the foregoing Petition and is familiar with the contents thereof and that the facts therein set forth are true and correct. Sherry Advani Subscribed and sworn to before me this 16th day of March, 2026 Notary Public My Commission Expires: 09-19-2026 My Commission No.: 24011801 [SEAL] STEPHANIE TUTTLE Notary Public State of Oklahoma Commission #24011801 LEASE BETWEEN KG HOLDINGS, L.C./W.E.P. LAND HOLDINGS, LLC ("LANDLORD"), AND BEFRIEND INVESTMENTS, LLC ("TENANT"). TABLE OF CONTENTS Page 1. Premises .........................................................................................................................3 2. Term .............................................................................................................................4 3. Construction .................................................................................................................4 4. Rent ..............................................................................................................................5 5. Common Areas..........................................................................................................6 6. (A) Maintenance........................................................................................................8 (B) Environmental Matters....................................................................................8 7. Taxes, Assessments and Other Impositions ............................................................11 8. Alterations and Improvements ...............................................................................12 9. Inspection ..................................................................................................................13 10. Casualty ..................................................................................................................13 11. Insurance and Indemnity ....................................................................................14 12. Condemnation .......................................................................................................16 13. Default ....................................................................................................................17 14. Holdover..................................................................................................................18 15. Assignment and Subletting .............................................................................18 16. Quiet Enjoyment...................................................................................................19 17. Nuisance ................................................................................................................19 18. Subordination .........................................................................................................19 19. Rules and Regulations .......................................................................................19 20. Estoppel Certificate .............................................................................................19 21. Signage ..................................................................................................................20 22. Mechanics’ Liens..................................................................................................21 23. Notices....................................................................................................................21 24. Miscellaneous........................................................................................................22 25. Brokers ..................................................................................................................24 26. Attachments..........................................................................................................24 27. Security Deposit .....................................................................................................24 28. Guaranty of Lease...............................................................................................24 29. Tenant’s Property ..................................................................................................24 EXHIBIT A Site Plan of Premises .............................................................................27 EXHIBIT B Site Plan of Shopping Center.................................................................28 EXHIBIT C Tenant’s Plans and Specifications .....................................................29 EXHIBIT D Rules and Regulations .......................................................................32 EXHIBIT E Personal Guaranty...............................................................................33 LEASE THIS LEASE (the “Lease”) is made as of the 1st day of July 2025, by and between KG HOLDINGS, L.C., an Oklahoma limited liability company, and W.E.P. LAND HOLDINGS, LLC, an Oklahoma limited liability company, and/or its assigns, (together, “Landlord”), having its principal office at 4324 Grant Boulevard, Yukon, OK 73099, and BEFRIEND INVESTMENTS, LLC an Oklahoma limited liability company, (“Tenant”), having its principal office at 145 E. State Highway 152, Mustang, OK 73064. 1. Premises (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord all of the space shown on the attached Exhibit “A” (“Premises”), known as 145 E. State Highway 152, Mustang, OK 73064, consisting of approximately One Thousand Two Hundred Fifty-Five (1,255) square feet of rentable area in a 53,321 square foot building (“Building”) located at the northeast corner of E. State Highway 152 and N. Mustang Road, situated on a portion of the entire tract of real property containing approximately 5.33 net acres of land located in the County of Canadian, City of Mustang, Oklahoma. The land and Building, together with the use of all entrances, exits, sidewalks, driveways, the parking areas and all other common areas and facilities of the shopping center as shown on the attached Exhibit “B”, is referred to as Mustang Trade Center (“Shopping Center”). The ratio by which the rentable area of the Premises bears to the rentable area of the Building within the Shopping Center which includes a vacancy factor is referred to herein as the Tenant’s proportionate share (“Proportionate Share”) is 2.6152%. (b) Landlord represents and warrants that no other person or entity will have any right or interest in the Premises, except Landlord and Tenant, as provided herein. Landlord further represents and warrants that the Building, will, at time of possession of the Premises is delivered to Tenant, be in good condition and repair and comply with all laws, ordinances, orders, rules and regulations. Landlord warrants that it and no other person or entity has the right to lease the Premises to Tenant. Likewise, Tenant warrants that this Lease has been executed pursuant to the authority set forth in the Tenant’s entity records. Further, any amendment or ancillary agreement must likewise be executed under the same authority in order for that amendment or ancillary agreement to be binding. (c) The Premises shall be used as a wellness studio involving fitness and nutrition classes, meditations, and related services, and for no other purposes without the written consent of Landlord, which consent shall not be unreasonably withheld, delayed, or conditioned. Tenant shall not close during business hours for the purpose of taking inventory. Tenant shall not use the Premises for a going out of business or similar type sale, nor advertise such. No conduct or manner of occupancy by Tenant shall give rise to any claim against Landlord for damages from other tenants of the Shopping Center. Notwithstanding the foregoing, in the event the Premises are not open for business for a period of sixty (60) consecutive days during the Term of the Lease (other than incident to restoration following any casualty or condemnation or incident to any closing in connection with remodeling or repairs), Landlord shall have the option at any time thereafter, upon thirty (30) days advance written notice to Tenant, to terminate this Lease, whereupon the parties hereto shall, effective as of the termination of this Lease, have no further rights or obligations hereunder. 2. Term (a) The Term of this Lease is two (2) years (plus a partial month, if any, immediately following the Commencement Date, as defined hereinafter, if the Commencement Date is other than the first of the month) and shall commence upon August 1, 2025 (the “Commencement Date”), and end on that date which is the last day of the twenty-fourth (24th) full calendar month after the Commencement Date (as the case may be, the “Expiration Date”), both dates inclusive constitute the “Original Term”. Tenant’s preparation of the Premises for occupancy, installation of equipment and personal property, and stocking of inventory shall not be deemed a commencing of operations. A “Lease Year” shall be a twelve (12) month period, the first day of which shall commence on the Commencement Date if it is the first day of a month, otherwise, on the first day of the next month following the Commencement Date and each subsequent Lease Year shall begin on successive anniversaries of the commencement of the first Lease Year. A “Lease Month” shall be a calendar month, the first of which shall commence on the Commencement Date if it is the first day of a month, otherwise, on the first day of the month next following the Commencement Date, and each subsequent Lease Month shall begin on the first day of a month and shall end on the last day of such month. “Term”, as used in this Lease, shall be deemed to include the Original Term and any extensions thereof (such extensions, or any of them, being sometimes referred to as the “Extended Term”). (b) At any time after the Commencement Date, at the request of either party and within ten (10) business days, both parties shall execute a supplemental agreement to this Lease stating the Commencement Date and the Expiration Date. 3. Construction (a) Tenant shall take the Premises in its “as is” condition. Tenant may take possession of the Premises upon full execution of the Lease (the “Turnover Date”). (b) Within ten (10) days after execution of this Lease, Tenant shall submit to Landlord, for Landlord's approval, two (2) copies of Tenant's detailed plans. The detailed plans shall include but not be limited to the design of store fixtures, fixture plans, plans for interior walls and doors, plans for wall and ceiling paint, including paint, wallpaper samples and flooring samples (“Tenant’s Plans and Specifications”). Landlord agrees to approve said plans or return said plans approved subject to red-lined changes within seven (7) business days from receipt from Tenant. Failure by Tenant to furnish the detailed plans required herein within the ten (10) day period shall render this Lease voidable, at Landlord's option, by notice to Tenant and, in that event, Tenant agrees to pay to Landlord a sum equal to one (1) month's rent as liquidated damages. The parties agree that said sum fairly represents Landlord's damages, the exact amount of which would be difficult or impossible to ascertain. Notwithstanding the above, the approval of Tenant’s Plans and Specifications shall create no responsibility or liability on the part of the Landlord for said Tenant’s Plans and Specifications’ completeness, design, sufficiency or compliance with all laws, regulations of governmental and quasi-governmental agencies. Final approved Tenant’s Plans and Specifications shall be attached to the Lease as Exhibit "C". (c) Once Landlord has approved Tenant’s Plans and Specifications, Tenant, at Tenant’s own expense, may paint the walls, install flooring, and provide the necessary store fixtures, in addition to any other construction as required by Tenant’s Plans and Specifications ("Tenant Work"). Tenant shall commence construction of the Tenant Work in accordance with all applicable zoning, building, health, safety, environmental and other governmental regulations. In addition, Landlord and Tenant shall cooperate in transferring the electricity and other utilities necessary for commencement of operations upon the Turnover Date. In the event utilities are not transferred on the Turnover Date, Tenant shall pay Landlord for the reasonable cost of such utilities based on Landlord’s reasonable estimate within thirty (30) days of the receipt by Tenant of an invoice therefore together with documentation supporting Landlord’s estimate from the applicable utility providers. (d) Landlord may, at its discretion, inspect the progress of Tenant Work at Premises during the process of such work from the Turnover Date until the Commencement Date. 4. Rent (a) Tenant shall pay an annual Fixed Rent, sometimes referred to herein as "Rent", to Landlord in equal monthly installments in advance on the first (1st) day of each calendar month during the Term beginning on the Commencement Date, in accordance with the following schedule: <table> <tr> <th>Lease Period</th> <th>Annual Fixed Rent</th> <th>Monthly Installment</th> <th>Annual Rental Rate</th> </tr> <tr> <td>Years 1-2</td> <td>$31,375.00</td> <td>$2,614.58</td> <td>$25.00/SF</td> </tr> </table> Tenant covenants and agrees that on the Commencement Date of this Lease, Tenant shall be indebted to Landlord (in addition to proportionate rent for any partial month or year of the term hereof) in the minimum amount of Sixty-Two Thousand Seven Hundred Fifty and 00/100 Dollars ($62,750.00). (b) All Rent and other charges not paid or collected within five (5) days of the date(s) when due shall bear interest at the rate of one and one-half percent (1.50%) (the "Default Interest Rate") per month from and after the first (1st) day following the date(s) said Rent and charges become due and the same shall be regarded as additional rent hereunder. Additionally, in the event any Rent or reimbursement charges are not paid on or before the tenth (10th) day after the same shall be due and if Landlord elects to accept such Rent, in addition to the Rent and the interest set forth herein, Tenant shall pay to Landlord late charges for such late payment in the amount of ten percent (10%) of such delinquent amounts that are delinquent more than ten (10) days. 5. Common Areas (a) The "Common Areas" shall consist of all portions of the sidewalks, landscaping, driveways, parking lot, entrances, and exits of the Shopping Center. Landlord hereby gives and grants to Tenant, during the term of this Lease, for the benefit of Tenant and Tenant’s subtenants, licensees and concessionaires, and their respective employees, contractors, customers, invitees and deliverymen, the right to use all of the Common Areas, in common with Landlord and all other tenants and occupants of the Shopping Center, and their respective employees, contractors, assigns, customers, invitees and deliverymen. Landlord shall not consent to material or permanent alterations of the size or location of curb cuts or private drives that provide access to the Shopping Center unless such change is required by a governmental authority. Landlord shall not provide for or knowingly permit the use of the Common Areas by any unauthorized persons or entity. (b) Landlord shall keep and maintain, or cause to be kept and maintained, all Common Areas. Such maintenance shall include repairing and replacing paving; keeping such portion of the Common Areas properly drained, free of snow, ice, water, rubbish and other obstructions, and in neat, clean, orderly and sanitary condition; keeping such portions of the Common Areas and such other areas suitably lighted during, and for one hour after, Tenant’s business hours; maintaining signs, markers, painted lines and other means and methods of pedestrian and vehicular traffic control; maintaining adequate roadways, entrances and exits; maintaining any plantings and landscaped areas; and maintaining all other portions of the Common Areas of the Shopping Center in accordance with first-class Shopping Centers in the Oklahoma City and surrounding metropolitan areas. (c) Tenant shall reimburse Landlord for Tenant’s Proportionate Share of all expenses incurred in connection with the maintenance, repair and operation of the portion of the Common Areas maintained by Landlord (“CAM Expenses”), including an administrative charge not to exceed fifteen percent (15%) of all CAM Expenses (excluding taxes and insurance), a reserve for future major common area maintenance charges equal to ten cents ($.10) per square foot of Premises, and a vacancy factor of ten percent (10%) of the Building. Tenant shall make monthly installments based upon its pro rata share of common area maintenance charges for the coming year as additional rent with each payment of Rent upon the Commencement Date and continuing on the first day of each Lease month thereafter. Said monthly installment, based upon the estimated expenses for the first calendar year, shall be One Hundred Eleven and 39/100 Dollars ($111.39) per month until such time as Landlord reconciles the actual expenses, as referenced below, for the previous calendar year. Within ninety (90) days after the end of each calendar year, Landlord shall furnish to Tenant a detailed statement showing the total CAM Expenses, Tenant’s Proportionate Share of such CAM Expenses (prorated for any partial calendar year) and the total of the monthly payments made by Tenant to Landlord during the calendar year. Landlord shall pay to Tenant any overpayment concurrently with the delivery of such statement, and Tenant shall pay to Landlord any underpayment for such year with Tenant’s next succeeding CAM Expense payment. Along with the reconciliation described above, Landlord shall provide Tenant with a new estimated payment for their Proportionate Share for the remainder of that calendar year. Notwithstanding anything contained herein to the contrary, in no event shall CAM Expenses include any of the following (collectively, the “CAM Exclusions”): (i) any leasing, promotional or marketing or brokerage costs, fees, or commissions; (ii) any amortization of principal or interest on account of any indebtedness or ground rents or any other amounts payable under any ground lease for the Shopping Center; (iii) any legal expenses arising out of any misconduct or negligence of Landlord or any person for which Landlord is responsible or arising out of dealings between any principals constituting Landlord or arising out of any leasing, sale or financing of the Shopping Center; (iv) any amortization or depreciation (except as provided in subparagraph (vi) hereinbelow); (v) any costs incurred by Landlord to test, survey, clean up, contain, abate, remove or otherwise remedy any hazardous substances; (vi) any capital item whatsoever, except for reasonable amortization on a straight-line basis over the useful life of the improvement in question of the cost of capital improvements which (i) are required by laws applicable to the Building and enacted from and after the date hereof or (ii) which will reduce CAM Expenses or the rate of increase thereof (but only to the extent of any actual reduction in CAM Expenses directly realized thereby); (vii) repairs or other work occasioned by fire, windstorm or other insured casualty or hazard, to the extent that Landlord shall receive proceeds of such insurance or would have received such proceeds had Landlord maintained the insurance coverage required under this Lease; and (viii) any other expense that under generally accepted accounting principles would not be considered a normal ownership, maintenance, management or operating expense. 6. A. Maintenance (a) Throughout the entire Lease Term, Tenant, at its sole cost and expense, shall take good care of the Premises, and shall keep the same in good order and repair and in a neat, sanitary and attractive condition. When used in this Section 6.A, the term "repairs" shall include all necessary replacements, renewals and alterations. Notwithstanding the provisions of this Section 6.A to the contrary, Tenant shall not be obligated (and Landlord shall be obligated at its sole cost) to make repairs and/or replacements to the Premises to the extent the need for such repairs or replacements is attributable to the acts, omissions, negligence, recklessness or willful misconduct of Landlord, its agents, servants, contractors or employees. In addition, Landlord shall assign any applicable warranties associated with the maintenance of the Premises to the Tenant for its care of the Premises. (b) Tenant shall, at its own expense, be responsible throughout the Original Term, and any extensions thereof, for the following: (i) The costs and expenses for cleaning and janitor service for the Premises, including janitor equipment and supplies and rubbish removal; and (ii) The costs of utilities serving the Premises thereto, and including electricity for interior and exterior lighting, plugs, outlets, and heating, ventilating and air-conditioning systems serving the Premises, water and sewer charges, and fuel oil, natural gas, and steam charges, if any, used by the heating, ventilating and air-conditioning ("HVAC") systems serving the Premises; and (iii) The costs and expenses of repairing and maintaining the restrooms, lobbies, hallways, as well as the costs and expenses of repairing, maintaining and/or replacing all other interior areas of the Premises, including but not limited to, doors, glass in doors and walls, lighting fixtures, bulbs, thermostats, grills, floors, floor coverings, walls, ceiling tiles, mechanical, electrical, plumbing systems servicing the Premises and HVAC equipment, including an annual maintenance contract on the HVAC equipment, with copy of such maintenance contract to Landlord. Prior to the Turnover Date, Landlord shall, at its own expense, inspect the Premises’ HVAC units to ensure they are in good working condition. (c) Tenant shall conduct its operations in such a manner as to keep the Premises in good order, condition and repair, and to keep the Premises in a clean, sanitary and safe condition in accordance with the laws of the State of Oklahoma and in accordance with all lawful orders, rules and regulations of the health officer, fire marshal, building inspector or other proper officers of all legally constituted governmental agencies or other bodies having jurisdiction. Tenant shall permit no waste or nuisance upon or damage or injury to the Premises or utilities supplied thereto. Tenant agrees that Tenant shall commit no act which will cause either Tenant or Landlord to be in violation of any pertinent laws of the State of Oklahoma, the County of Canadian or any ordinances of the City of Mustang. (d) Tenant shall comply with all lawful rules, regulations, orders, laws, ordinances and legal requirements (including the Occupational Safety and Health Act, as amended and the Americans With Disabilities Act) and standards issued thereunder by any governmental authority or fire rating organization which affect the Premises, their use of the Land, equipment and improvements or that require repairs, alterations, changes or additions thereto, including structural repairs, alterations, changes or additions. All boilers and other pressure vessel equipment, if any, shall be constructed and maintained by Tenant in accordance with current ASME Standards and Code. (e) Landlord shall, at its own expense, be responsible throughout the Term, and any extensions thereof, for the costs and expenses of repairing and maintaining the roof, building exterior and structural elements of the Premises. 6. B. Environmental Matters Definitions. (a) As used herein, the term "Environmental Laws" shall mean any and all legal requirements concerning the protection of the environment, human health or safety. (b) As used herein, the term "Hazardous Substances" shall mean each and every element, compound, material, mixture, substance, waste, hazardous substance, hazardous waste, hazardous material, toxic substance, pollutant or contaminant either as those terms are defined in any of the Environmental Laws or the presence of which may cause liability at common law, including, without limitation, asbestos and/or asbestos-containing products, whether or not currently friable. (c) As used herein, the term "Environmental Notice" shall mean a summons, citation, directive, order, claim, notice, litigation, investigation, judgment, legal pleading, letter or other communication, written or oral, actual or threatened, from the United States Environmental Protection Agency or other federal, state or local governmental agency or authority, or any other private individual or entity concerning (i) any Hazardous Substances at, on, in, under or emanating from the Premises, the Shopping Center or any contiguous property; (ii) any violation or potential violation of Environmental Laws at the Premises, the Shopping Center or any contiguous property; or (iii) any underground storage tanks on the Premises or the Shopping Center. (d) As used herein, the term “Releasing” or “Release” shall mean releasing, spilling, leaking, discharging, disposing or dumping or otherwise introducing any substance into the environment or into any building or other improvements in violation of Environmental Laws. (e) As used herein, the term “Compliance Costs” shall mean any and all costs incurred by a party in complying with applicable Environmental Laws, including, without limitation, consultant’s and engineer’s fees; laboratory costs; contractor’s and subcontractor’s fees; application and filing fees; costs of investigation, monitoring or cleanup of soil or other substrate, surface water, groundwater, or buildings or other improvements; equipment costs; disposal fees; costs of operation and maintenance of equipment; legal fees; other governmental fees or costs; interest at the Default Interest Rate from the date of expenditure until paid in full; and other similar or related costs. (f) Tenant shall comply with all applicable requirements of Environmental Laws governing its use of, and operations at, the Shopping Center and the Premises. Landlord shall comply with all applicable requirements of Environmental Laws relating to the Shopping Center and the Premises, except to the extent such requirements arise actually and directly from Tenant’s operations thereon. (g) Notwithstanding any other provision of this Lease, Tenant shall only be liable for any Release of Hazardous Substances at, on, in, under or emanating from the Premises or Shopping Center which were caused by Tenant or Tenant’s employees, directors, officers, servants, agents, customers, contractors, vendors, and/or sub-contractors (hereinafter “Tenant Releases”), including, without limitation, any Compliance Costs required to address Tenant Releases. If there is a determination that Tenant Releases exist, then Tenant shall, at its sole cost and expense of any Compliance Costs, be responsible to completely remove all of such Hazardous Substances strictly in accordance with and as required by all applicable laws within thirty (30) days after Tenant is notified of such discovery at no cost to Landlord unless such Hazardous Materials are brought onto the Building by Landlord, in which case Landlord shall be responsible for their removal. If applicable laws do not require the removal of the Hazardous Substances, then Tenant shall institute a maintenance and operation plan implementing procedures necessary to protect the health, safety and well being of Tenant’s employees, guests and invitees and such other procedures as are required by applicable laws. If the removal of such Hazardous Substances cannot be completed within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided Tenant has commenced the removal within thirty (30) days after notice of discovery and proceeds diligently thereafter to effect such removal. As between Landlord and Tenant, Landlord shall be liable for any Hazardous Substances at, on, in, under or emanating from the Premises or Shopping Center, including, without limitation, any Compliance Costs attributable to such Hazardous Substances, unless the Hazardous Substances are actually and directly caused by Tenant Releases. Except in the event of an emergency, any work performed by Landlord relating to Hazardous Substances shall be performed by Landlord at any time other than during the months of November and December, and shall be undertaken in such a manner so as to (i) not adversely affect ingress to or egress from the Shopping Center, (ii) have no adverse effect on the visibility of the Premises or any signs which contain Tenant's name, and (iii) not otherwise materially interfere with the normal conduct of any business operations in the Premises. (h) Except as expressly provided herein, the parties agree that any investigation or remediation of Hazardous Substances, or cure of a violation of Environmental Laws, required to be conducted at the Premises or Shopping Center shall be no more stringent than necessary to meet the minimum standards of Environmental Laws applicable to properties used in the manner the Shopping Center is being used. (i) Landlord represents and warrants that: (i) Landlord has received no Environmental Notices concerning the Shopping Center, the Premises or any contiguous properties; (ii) Landlord has no knowledge of, and has received no notice of, any violation, or potential or alleged violation, of any legal requirement, including, without limitation, Environmental Laws, affecting the Shopping Center, the Premises or any contiguous properties, regardless of whether same has been cured; and (iii) to the best of Landlord's knowledge: (A) except for Hazardous Substances which are in compliance with all legal requirements, no Hazardous Substances are located at, on, in, under or emanating from the Building, the Premises or any contiguous properties; and (B) no underground storage tank exists at the Shopping Center or the Premises. (j) Each party shall immediately notify the other party of the notifying party's receipt of an Environmental Notice. (k) Each party to this Lease shall indemnify, defend and hold the other party, and its agents, servants, shareholders, directors, officers and employees harmless from any and all claims, losses, expenses, costs, lawsuits, actions, administrative proceedings, damage, orders, judgments, penalties and liabilities of any nature whatsoever, including, without limitation, reasonable attorneys’ fees (incurred to enforce this indemnity or for any other purpose) and Environmental Costs, arising from (i) the indemnifying party’s breach of any of its representations, warranties, covenants or other obligations under this Section 6.B; (ii) Hazardous Substances for which the indemnifying party is liable under this Section 6.B; or (iii) violations of Environmental Laws for which the indemnifying party is liable under this Section 6.B. (l) The obligations of the parties under this Section 6.B shall survive the renewal, expiration, breach or earlier termination of this Lease. (m) In the event of any conflict between the provisions of this Section 6.B and any other provision of this Lease, the provisions of this Section 6.B shall control. 7. Taxes, Assessments and Other Impositions (a) Tenant shall reimburse Landlord for Tenant’s Proportionate Share, before any fine, penalty, interest or cost may be added thereto, of all real property taxes, possessory interest taxes, personal property taxes assessed against the Building and improvements within the Shopping Center, excise taxes, government property lease excise taxes, government assessments (whether arising from any improvement or special taxing district, or otherwise), excluding, however, any improvement or special taxing district formed for the purpose of installing or paying for the installation of offsite improvements installed by or for the benefit of Landlord in connection with the initial construction of the Shopping Center (provided, however, all such assessments shall be converted to installments payable over the longest period available and only installments payable during the Term shall be included in Impositions), excises, levies, license and permit fees, and all other charges of whatsoever kind and nature and whether any of the foregoing be general or special, ordinary or extraordinary, foreseen or unforeseen, which at any time during the Lease Term may be imposed upon the Premises, including those imposed or required by governmental authorities having jurisdiction to increase tax increments to such governmental authorities and for services such as fire protection, street, sidewalk and road maintenance, refuse removal or other governmental services formerly provided without charge to property owners or occupants (collectively, the “Impositions”). (b) Tenant shall not be required to pay any municipal, state or federal net income, gift, estate, inheritance or excess profits taxes assessed against Landlord. (c) Tenant shall pay one-twelfth (1/12th) of Tenant’s estimated Proportionate Share of such expenses as additional rent with each payment of Rent during the initial calendar year after commencement of the Lease. Said monthly estimated installments shall be Eighty-Nine and 45/100 Dollars ($89.45) per month until such time as Landlord reconciles the actual expenses, as referenced below, for the previous calendar year. If another tenant of the Shopping Center files for tax exemption status or withdraws from tax exemption status, the Landlord may adjust Tenant’s Proportionate Share based upon exemption status. Within ninety (90) days after the end of each calendar year, Landlord shall furnish to Tenant a detailed statement showing the total costs of the Impositions, Tenant’s Proportionate Share of such Impositions (prorated for any partial calendar year) and the total of the monthly payments made by Tenant to Landlord during the calendar year. Landlord shall pay to Tenant any overpayment concurrently with the delivery of such statement, and Tenant shall pay to Landlord any underpayment for such year with Tenant’s next succeeding Impositions payment. Along with the reconciliation described above, Landlord shall provide Tenant with a new estimated payment for their Proportionate Share for the remainder of that calendar year. 8. Alterations and Improvements (a) Tenant at its own expense may, without Landlord’s prior written consent, redecorate the Premises (including repainting, adding, replacing or removing wallcovering, and refinishing millwork) and may make from time to time such nonstructural and nonpermanent alterations including floorcovering, additions and improvements in and to the Premises as it may deem necessary or desirable which shall not cost in excess of Ten Thousand and 00/100 Dollars ($10,000.00) per Lease Year without Landlord’s prior consent, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord shall cooperate with Tenant, at no expense to Landlord, in securing any necessary building and other permits, the cost thereof being borne by Tenant. Tenant shall make certain that such work be done in a good and workman-like manner, lien free, and will not reduce the value of the property. Notwithstanding the above, Tenant shall not make any structural alterations or capital improvements to the Premises without Landlord’s prior written consent, which consent shall not be unreasonably withheld, delayed, or conditioned. (b) Tenant may, at its option, remove from the Premises any furniture, furnishings, trade fixtures, business equipment or other personal property which are not built into the Premises and were installed by Tenant at its expense. Tenant, at its expense, shall repair any damage caused by such removal to the condition in which the Premises existed prior to the date of such installation, reasonable wear and tear and Acts of God excepted. (c) Landlord’s consent to such alterations, additions, or improvements, or Landlord’s approval of the plans, specifications, and working drawings for such alterations, additions, or improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all Laws, rules, and regulations of governmental and quasi-governmental agencies (including, without limitation, the Americans with Disabilities Act of 1990 and all regulations issued thereunder or revisions or amendments thereof). Tenant shall bear the cost of compliance with the Americans with Disabilities Act of 1990 and all regulations issued thereunder or revisions or amendments caused by and arising out of Tenant’s alterations, additions, or improvements after the Commencement Date. 9. Inspection Landlord shall, upon at least three (3) business days advance notice to Tenant (except in an emergency), have the right at all reasonable times to inspect the Premises and show the same to prospective mortgagees, purchasers and government employees in their official capacity; provided, however, that Landlord shall use reasonable efforts not to disturb Tenant’s use and occupancy of the Premises. 10. Casualty (a) If fire, or any other casualty, damages the Building or the Premises during the Term of the Lease, Tenant shall notify Landlord immediately upon occurrence of Casualty. Landlord shall deliver to Tenant notice of, together with a statement prepared by a reputable contractor setting forth the contractor’s estimate of, the time required to repair the damage (the “Repair Period”) within sixty (60) days after the date of the damage. For purposes of determining the Repair Period, it shall be deemed to commence on the date of the damage. If the Repair Period is determined to be longer than two hundred forty (240) days or if Landlord fails to deliver such statement within sixty (60) days, after the date of the damage, and Tenant determines in its reasonable business judgment that such damage will prevent Tenant from carrying on its normal business operations for a period of two hundred forty (240) days or more, Tenant may elect to terminate this Lease by giving notice to Landlord. Upon such termination, Tenant shall be afforded a reasonable amount of time and reasonable opportunity to remove its personality from the Premises, and Tenant’s obligations hereunder, including the obligation to pay the Rent, shall cease as of the date of termination, provided however, that the Rent shall abate equitably from the date of the damage. If Tenant shall not terminate this Lease: (i) the Rent shall abate for the period the Premises are untenantable, and thereafter, Tenant shall pay the Rent for only such portion of the Premises which Tenant in its reasonable business judgment determines it may occupy; and (ii) all repairs necessary to restore the Building and the Premises to their original condition shall be: (A) commenced within sixty (60) days after the occurrence of such damage; (B) performed in a diligent and workmanlike manner with material of at least similar or equivalent quality as that originally utilized in the construction of the Building and the Premises; (C) completed by Landlord at its expense using reasonable efforts to minimize any interference with Tenant’s normal business operations. No termination of this Lease by Tenant pursuant to this Section 10(a) shall be effective unless and until Tenant assigns and releases to Landlord any right, title, or interest which Tenant may have in and to such proceeds. (b) If Landlord undertakes but fails to repair and restore the Building and the Premises as required by this Section 10 within two hundred forty (240) days from the date of the damage for any reason (which 240-day period shall be extended one day for each day of delay due to Tenant), Tenant may terminate this Lease upon ten (10) days notice to Landlord, provided further, however, that if Landlord is prevented from completing the repair and restoration within said 240-day period due to causes beyond Landlord’s control, such as a hurricane, excessive rain, excessive wind, or tornado (or comparable weather conditions of unusual severity) labor disputes, civil commotion, hostilities, governmental regulations or controls, or sabotage (collectively, “Force Majeure Events”), Landlord shall have an additional period of sixty (60) days to repair or restore. Anything in the foregoing which may be to the contrary notwithstanding, Force Majeure Events shall not include shortage of funds (whether due to the insufficiency of insurance proceeds or otherwise), nor inability to obtain financing nor inability to obtain materials, labor or services due to Landlord’s failure to provide for such matters in a timely manner. Upon such termination, Tenant’s obligations hereunder, including the obligation to pay the Rent, shall cease as of the expiration of such notice period. Rent shall be apportioned as of the date of the damage and all prepaid Rent shall be repaid to Tenant. (c) Anything in the foregoing to the contrary notwithstanding, if the damage by fire or other casualty occurs within the last ten (10) years of the term of Landlord’s anchor tenant of the Shopping Center, then Landlord may elect to terminate this Lease by giving notice to the Tenant. Upon such termination, Tenant shall be afforded a reasonable amount of time and reasonable opportunity to remove its personality from the Premises, and Tenant’s obligations hereunder, including the obligation to pay the Rent, shall cease as of the date of termination, provided however, that the Rent shall abate equitably from the date of the damage. 11. Insurance and Indemnity (a) Tenant shall, at its own expense, maintain in full force the following insurance beginning upon the Turnover Date or such earlier date as Tenant shall enter onto the Premises: (i) general liability insurance issued by one or more insurance carriers, insuring against liability for injury to or death of persons and loss of or damage to property occurring in and on the Premises; and (ii) worker’s compensation and employer’s liability insurance but only if and to the extent required by applicable law; and (iii) insurance covering all of Tenant’s equipment, trade fixtures, appliances, furniture, furnishings, inventory, and personal property from time to time in, on or upon the Premises, in an amount not less than 80% of the full replacement cost without deduction for depreciation from time to time during the Term, providing protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended peril (all-risk), boiler, flood, mold, glass breakage and sprinkler leakage; and (iv) automobile insurance covering owned, non-owned and hired vehicles in an amount not less than $1,000,000.00 combined single limit; and (v) business interruption insurance in such amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or assumed by Tenant pursuant to this Lease or attributable to prevention or denial of access to the Premises or Property as a result of such perils. All insurance policies under Section 11(a)(i), shall name Landlord, and Landlord’s mortgagee if requested, as additional insured. The coverage limits for such liability insurance shall be at least $1,000,000 per occurrence for bodily injury and property damage, and at least $2,000,000 in the aggregate for bodily injury and property damage. (b) Landlord shall maintain, or cause to be maintained, in full force the following insurance ("Landlord’s Insurance") during the Term: (i) general liability insurance issued by one or more insurance carriers, insuring against liability for injury to or death of persons and loss of or damage to property occurring in and on the Shopping Center, with coverage limits of at least $1,000,000 per occurrence for bodily injury and property damage, and at least $2,000,000 in the aggregate for bodily injury and property damage with an umbrella policy of at least $5,000,000; and (ii) all-risk property damage insurance (including loss of rents coverage) and a standard extended coverage endorsement issued by one or more insurance carriers covering the Premises and Shopping Center, to the extent of their full replacement value exclusive of foundation and excavation costs, underground pipes and conduits. (c) Tenant shall pay one-twelfth (1/12th) of Tenant’s estimated Proportionate Share of such Landlord’s Insurance as additional rent with each payment of Rent during the initial calendar year after commencement of the Lease. Said monthly estimated installments shall be Fifty and 51/100 Dollars ($50.51) per month until such time as Landlord reconciles the actual expenses, as referenced below, for the previous calendar year. Within ninety (90) days after the end of each calendar year, Landlord shall furnish to Tenant a detailed statement showing the total costs of the insurance, Tenant’s Proportionate Share of such insurance (prorated for any partial calendar year) and the total of the monthly payments made by Tenant to Landlord during the calendar year. Landlord shall pay to Tenant any overpayment concurrently with the delivery of such statement, and Tenant shall pay to Landlord any underpayment for such year with Tenant’s next succeeding Impositions payment. Along with the reconciliation described above, Landlord shall provide Tenant with a new estimated payment for their Proportionate Share for the remainder of that calendar year. (d) Landlord may comply with their insurance obligations hereunder by endorsement to any blanket policy of insurance. The amount of coverage allocated for the Premises or the Shopping Center, as applicable, shall, however, specifically designate the Premises or the Shopping Center, as applicable, and allocate the specific coverage thereto, and such coverage shall not be diminished or reduced due to the inclusion of other properties under such blanket policy. (e) Tenant shall deliver to Landlord certificates issued by the insurance carrier or carriers for each policy of insurance that Tenant is required to maintain under this Lease within ten (10) days after Landlord’s request for same. Any insurance required by this Section to be procured by one party for the benefit of another party shall contain a provision that the insurance cannot be terminated without thirty (30) days’ prior written notice to the other party. All insurance required of a party under this Section 11 shall be maintained with insurance companies qualified to do business in the state in which the Premises are located and with an AM Best rating of A-8 in the most current Best’s key rating guide. (f) Tenant shall not knowingly conduct any operation in the Premises which would cause suspension or cancellation of the all-risk property damage insurance carried by Landlord. If Tenant shall be allowed hereunder to change its use of the Premises and thereby cause an increase above normal rates in the premium for the all-risk property damage insurance carried by Landlord, the amount of such increase shall be reimbursed to Landlord by Tenant upon demand and presentation by Landlord of written evidence of such increase and paid invoices therefor. Tenant shall not be responsible for any portion of the cost of any insurance above normal rates caused by another tenant’s activities within the Shopping Center. (g) Landlord and Tenant hereby waive and release each other, their shareholders, partners, directors, managers, members, officers and employees of and from all rights of recovery, claim, action or cause of action against each other, their shareholders, partners, directors, managers, members, officers and employees, for any loss or damage that may occur in or to the Premises or any other improvements in the Shopping Center, or personal property, including building contents, within the Premises and/or the Shopping Center, by reason of fire, the elements of nature or other events normally covered by extended all risk property damage insurance coverage, regardless of cause or origin, including negligence of Landlord or Tenant and their shareholders, partners, directors, managers, members, officers and employees. Landlord and Tenant shall immediately give written notice of the terms of the mutual waivers contained in this Section 11(g) to each of their respective insurance companies which have issued policies of insurance covering all risk property damage and shall have the insurance policies properly endorsed to reflect the insurance company’s acknowledgment of such waiver and the absence of any subrogation rights. Each party shall provide to the other, annually within ten (10) days after request therefor, evidence that its all-risk property damage insurance policies have been so endorsed. (h) Landlord and Tenant hereby waive and release each other, their shareholders, partners, directors, managers, members, officers and employees of and from all rights of recovery, claim, action or cause of action against each other, their shareholders, partners, directors, managers, members, officers and employees, for any loss or damage that may occur to the Premises or any other improvements in the Shopping Center, or personal property, including building contents, within the Premises and/or the Shopping Center, by reason of fire, the elements of nature or other events normally covered by extended all risk property damage insurance coverage, regardless of cause or origin, including negligence of Landlord or Tenant and their shareholders, partners, directors, managers, members, officers and employees. Landlord and Tenant shall immediately give written notice of the terms of the mutual waivers contained in this section 11(e) to each of their respective insurance companies which have issued policies of insurance covering all risk property damage, and shall have the insurance policies properly endorsed to reflect the insurance company’s acknowledgment of such waiver and the absence of any subrogation rights. Each party shall provide to the other, annually within ten days after request therefor, evidence that its all risk property damage insurance policies have been so endorsed. 12. Condemnation (a) If all of the Building or the Premises shall be condemned for public use, whether such use be temporary or otherwise, or damaged by any public use, including damage resulting from the alteration of the location or grade of any street or public way, or voluntarily transferred to a public or quasi-public body in lieu of condemnation (any of which occurrences is hereafter referred to as a “taking”), this Lease shall terminate as of the date of taking and the Rent shall be adjusted to the date of termination. If fifty percent (50%) of the Building or the Premises shall be taken, and if Tenant determines, in its reasonable business judgment, that the taking will prevent Tenant from carrying on its normal business operations for a period of one-hundred and eighty (180) days or more, Tenant may elect to terminate this Lease by giving notice to Landlord. Upon such termination, Tenant’s obligations hereunder, including the obligation to pay the Rent, shall cease as of the date of taking. (b) Tenant shall not be entitled to any portion of Landlord’s award or settlement resulting from the taking, provided that nothing contained herein shall be construed in any way to restrict or limit Tenant from asserting a claim for any damages resulting from the taking of its leasehold or any moving expenses, or otherwise permitted by law as long as Tenant’s claim does not affect Landlord’s award. 13. Default (a) If Tenant shall default in the payment of the Rent and/or any additional rent and such default shall continue for ten (10) days after written notice therefore from Landlord, then Landlord shall, in addition to all other rights and any other remedies available to Landlord at law or in equity, have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving Tenant notice of such election to terminate, or Landlord shall have the option to not terminate this Lease and may re-enter the Premises, and repossess the Premises without being deemed guilty of any manner of trespass and without prejudice to any remedies for rent in arrears or breach of a covenant hereunder by Tenant. Should Tenant be deemed in monetary default for failure to pay Rent and/or any additional rent and such default shall continue for ten (10) days after written notice therefore from Landlord, then the terms of this Lease are accelerated, and the entire outstanding balance of the Lease shall become immediately due and payable to Landlord. (b) If Tenant shall default in the performance of any of its other non-monetary obligations under this Lease and such default continues for thirty (30) days after written notice from Landlord specifying Tenant’s default (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Tenant commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure) or if Tenant, or any Lease guarantor, shall be adjudged bankrupt or shall make an assignment for the benefit of creditors, or if a receiver of any property of Tenant in or upon the Premises shall be appointed in any action, suit or proceeding by or against Tenant and is not removed within sixty (60) days after appointment, then Landlord shall, in addition to all other rights and any other remedies available to Landlord at law or in equity, have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving Tenant notice of such election to terminate, or Landlord shall have the option to not terminate this Lease and may re-enter the Premises, and repossess the Premises without being deemed guilty of any manner of trespass and without prejudice to any remedies for rent in arrears or breach of a covenant hereunder by Tenant. (c) Tenant shall be liable for and shall pay to Landlord, in addition to the delinquent rents and other charges owed to Landlord, brokers’ fees and reasonable renovation or refurbishing costs incurred by Landlord in connection with reletting the whole or any part of the Premises for the remainder of the then-unexpired Term (not including any unexercised extension options), the costs of removing and storing Tenant’s or other occupant’s property; the cost of repairs; and all other commercially reasonable expenses incurred by Landlord in enforcing or defending Landlord’s rights and/or remedies, including reasonable attorneys’ fees. (d) Except as provided in Subsections 13(a) and 13(b) above, upon any default by Tenant pursuant to this Lease, Tenant shall pay to Landlord upon demand of all of Landlord’s costs and expenses, including reasonable attorneys’ fees, in exercising remedies against Tenant or any guarantor. (e) If Landlord shall default in the performance of any of its obligations, agreements or covenants under this Lease, and such default shall continue for thirty (30) days after written notice from Tenant specifying Landlord’s default (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), then, in addition to other remedies available to Tenant at law or in equity, Tenant may, bring an action for damages against Landlord, and shall recover from Landlord its reasonable attorney fees and costs if it is the prevailing party in any such action. Anything in this Lease to the contrary notwithstanding, in any action brought to enforce the obligations of Landlord, Landlord's successors, heirs and assigns, the judgment or decree shall be enforced against Landlord, Landlord's successors, heirs and assigns, only to the extent of Landlord's real estate ownership interest in the Property and shall not be subject to execution on, nor be a lien on, assets of Landlord, Landlord's successors, heirs and assigns other than Landlord's real estate ownership interest in the Property. The parties hereto understand and agree that no other property or assets of Landlord shall be subject to the levy, execution or other procedures for the satisfaction of Tenant's remedies. 14. Holdover Any holding over after the expiration of the Term or extensions thereof, shall be deemed and construed to be a tenancy from month-to-month and shall not be construed to be a renewal and extension of the Lease, and shall otherwise be on the terms and conditions herein specified so far as applicable. The Fixed Rent payable after the first month of the holding-over shall be equal to one hundred twenty-five percent (125%) of the Fixed Rent paid for the last full month of the Term; provided, however, if Landlord has entered into a lease for the Premises with a bona fide third party, and Tenant’s holdover is thirty (30) days after execution of such lease then the Fixed Rent payable for the holdover period during which the new tenant expected occupancy shall be equal to three hundred percent (300%) of the Fixed Rent paid for the last full month of the Term. In addition, the Tenant shall hold the Landlord harmless from any and all damages to new tenant resulting from Tenant’s holdover. 15. Assignment and Subletting Tenant shall not have the right to assign this Lease or to sublease the Premises, or any part thereof, without the prior written consent of Landlord, which shall be not unreasonably withheld or delayed. However, Tenant shall have the right to assign the Lease to any parent, subsidiary, affiliate or authorized agent of Tenant or to any company into which Tenant merges or into which it consolidates, without Landlord’s prior consent. Notwithstanding the above, the Tenant and guarantor, if any, shall remain liable for the full terms and conditions of the Lease. Landlord acknowledges that the Premises may be occupied by one or more Tenant affiliates and their employees, and that such use of the Premises will not be considered an assignment or sublease unless Tenant elects to treat it as such. 16. Quiet Enjoyment So long as Tenant is not in default beyond the applicable grace periods in the payment of the Rent or in the performance of any other covenant or agreement herein contained, Landlord covenants that Tenant may peaceably and quietly have, hold, occupy and enjoy the Premises without any manner of hindrance for Landlord except as expressly provided for in this Lease. 17. Nuisance Tenant shall not do or permit anything to be done in the Premises, including but not limited to noise, smells, unsanitary conditions, or junk accumulation, which would in any way constitute in the opinion of the Landlord a nuisance. Tenant shall not obstruct or interfere with the quiet enjoyment and rights of other tenants of the Building or the adjoining and neighboring properties. Tenant shall conduct its business and use reasonable efforts to control its agents, employees, invitees, contractors and visitors in such a manner as not to create any nuisance, or unreasonably interfere with, or unreasonably annoy or disturb, any other tenant or Landlord in its operation of the Property. 18. Subordination Tenant agrees that this Lease and its interest in the Premises may, at Landlord’s option, be made subordinate to any mortgages or underlying leases now or hereafter covering the Premises. Such subordination shall provide that so long as Tenant shall not be in default under the Lease beyond the applicable grace periods, Tenant shall not be disturbed in its occupancy of the Premises and this Lease shall continue in full force and effect. Upon Landlord’s request, Tenant shall execute an agreement verifying these obligations within ten (10) days after receiving a Subordination and Non-Disturbance Agreement for Tenant’s execution. 19. Rules and Regulations Tenant shall abide by and observe the rules and regulations attached hereto as Exhibit “D”, as well as such other reasonable rules and regulations as may be promulgated from time to time by Landlord, provided the same are not inconsistent with the provisions of this Lease, and apply uniformly to all tenants and occupants of the Building, and provided further that a copy thereof is received by Tenant. 20. Estoppel Certificate Tenant shall, at any time and from time to time, upon not less than ten (10) days prior notice from Landlord, deliver to Landlord a statement in writing (a) certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that this Lease is in full force and effect as modified and stating the modifications); (b) stating the dates to which the Rent has been paid by Tenant; (c) stating whether or not Tenant has knowledge that Landlord is in default in the performance of any covenant, agreement or condition contained in this Lease, and, if Tenant has knowledge of such a default, specifying each such default; (d) stating the address to which notices to Tenant shall be sent and (e) such other statements of facts as shall be required concerning this Lease or Tenant’s tenancy hereunder, which statement shall be to the best of Tenant’s knowledge. Landlord shall, at any time and from time to time upon not less than ten (10) business days prior notice from Tenant, deliver to Tenant an estoppel certificate, in substance and form similar to that described above, relative to the status of this Lease and any ground lease, underlying lease or mortgage encumbering the Building or Land. 21. Signage (a) (a) Tenant shall not place or suffer to be placed on the exterior of the Premises, upon the roof, or any exterior door or wall, or on the exterior or interior of any window, any sign, awning, canopy, marquee, advertising matter, decoration, lettering or other things of any kind (exclusive of the signs, if any, which may be provided for in plans as approved by the Landlord and Tenant), without the prior written consent of Landlord. Tenant shall be permitted to install an individually lettered sign in accordance with the Landlord’s sign criteria. Such sign must first be approved by the Landlord and must also comply with the sign codes of the County of Canadian, or the City of Mustang, Oklahoma. Tenant shall also be allowed to install a banner for Tenant’s grand opening during the initial fourteen (14) days after opening. Tenant will also be allowed to place a temporary sign on the Premises when the Lease is executed indicating Tenant is coming to the center. The temporary sign will be removed when construction is complete. Landlord hereby reserves the exclusive right to the use for any purpose whatsoever of all exterior surfaces including but not limited to the roof and the exterior walls of the premises. Tenant shall have the right, at its sole cost and expense, to erect and maintain within the interior of the Premises all signs and advertising matter customary or appropriate in the conduct of Tenant's business; provided, however, that Tenant shall upon demand of Landlord immediately remove any sign, advertisement, decoration, lettering or notice which Landlord deems objectionable or offensive; and if Tenant fails or refuses so to do Landlord may enter upon the demised Premises and remove the same at Tenant's cost and expense. In this connection, Tenant acknowledges that the Premises are a part of the Shopping Center and agrees that control of all signs by Landlord is essential to the maintenance of uniformity, propriety and the aesthetic values in or pertaining to the Shopping Center. Landlord, at its sole discretion, may change or modify the name of the Shopping Center of which the Premises are a part. (b) Tenant shall, at its own cost, be allowed to install a panel on both sides of Landlord’s multi-tenant pylon signage designated for the Shopping Center, subject to Landlord’s prior approval of related drawings for Tenant’s intended sign, which approval shall not be unreasonably withheld, delayed or conditioned. Tenant shall pay to Landlord a one-time usage fee of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) per panel, which includes the front and back sides of the sign, upon notice of same. Maintenance thereof shall be included in the Common Area expenses. (c) Tenant shall have the right, from time to time, subject to Landlord's approval, which approval shall not be unreasonably withheld, delayed or conditioned, to change its signs on the storefront and exterior of the Premises, as well as on any pylon or monument. 22. Mechanics’ Liens Tenant shall discharge (within thirty (30) days of the filing of any mechanics’ liens) by payment, bond or otherwise, mechanics’ liens filed against the Shopping Center for work, labor, services or materials claimed to have been performed at or furnished to the Premises for or on behalf of Tenant, except when the mechanics’ liens are filed by a contractor, subcontractor, materialman or laborer of Landlord, in which event Landlord shall discharge the liens by payment, bond or otherwise. 23. Notices All notices, demands or other communications permitted or required to be given hereunder shall be in writing and, shall be deemed given on the date of actual receipt. Notices shall be given by certified mail, return receipt requested, or through a national delivery service. Notices shall be addressed as follows: (a) if to Landlord, to: KG Holdings, L.C./W.E.P. Land Holdings, LLC 4324 Grant Boulevard Yukon, OK 73099 Attention: Ken R. McGee Telephone: (405) 265-3200 Email: [email protected] and (b) if to Tenant, to: 5705 Copper Stone Court Mustang, Oklahoma 70364 Attn: Sherry Advani Telephone: (310) 427-4420 Email: [email protected], [email protected] and with a copy sent to Tenant at the Premises. Landlord and Tenant may from time to time by notice to the other designate such other place or places for the receipt of future notices. The inability to deliver because of a changed address of which no notice was given or rejection or other refusal to accept any notice shall be deemed to be the receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. Notices may also be given by electronic mail ("Email") on a business day from 8:30 am to 4:30 pm CST ("Business Hours"); provided, however, the original of an Email notice must be sent by overnight courier to the receiving party on the same day that the Email is sent and will not be deemed received on the date of the Email transmission unless the original notice is received by the other party on the first business day following the Email transmission, and the party sending an Email notice shall use its best efforts to notify the receiving party (and shall not leave a voice mail message of such Email) by telephone during Business Hours on such date that an Email notice has been sent. 24. Miscellaneous (a) The language of this Lease shall be construed according to its normal and usual meaning and not strictly for or against either Landlord or Tenant. (b) No remedy or election given by any provision in this Lease shall be deemed exclusive unless so indicated, but each shall, wherever possible, be cumulative in addition to all other remedies in law or equity which either party may have arising out of the default of the other party and failure to cure such default within the applicable grace period. (c) Failure of either party to cure a default of the other under this Lease shall not render such non-defaulting party in any way liable therefore, or relieve the defaulting party from any of its obligations hereunder. (d) The acceptance of possession of the Premises by Tenant shall not be deemed a waiver of any of the obligations under this Lease to be performed by Landlord under Section 3, if any. (e) Subject to Landlord’s approval, Tenant may deal with any person, firm or corporation for services, supplies, materials, labor, equipment, transportation, tools, machinery and any other similar or dissimilar services or items in connection with the alteration, improvements or maintenance of the Premises. (f) Upon any termination or expiration of this Lease, Tenant shall surrender the Premises in the same condition as existed at the Commencement Date and free of excess debris, except for normal wear and tear and damage caused by the elements, any casualty required to be insured under Section 10(a), or any cause beyond Tenant’s control. Any of Tenant’s personal property not removed within ten (10) days following the Expiration Date shall be deemed abandoned. Except as otherwise provided in this Lease, all improvements, alterations, additions and fixtures, other than Tenant’s personal property, which have been made or installed by either Landlord or Tenant upon the Premises shall become Landlord’s property upon the installation thereof and shall remain as Landlord’s property and shall be surrendered with the Premises or as a part thereof. (g) If any clause or provision of this Lease is or becomes illegal, invalid, or unenforceable because of present or future laws or any rule or regulation of any governmental body or entity, effective during the Term, the intention of the parties hereto is that the remaining parts of this Lease shall not be affected thereby. (h) As used in this Lease, any list of one (1) or more items preceded by the word “including” shall not be deemed limited to the stated items but shall be deemed without limitation. (i) This Lease shall be binding upon and inure to the benefit of the parties hereto and their respective executors, distributees, heirs, representatives, successors and assigns as of the date of this Lease. (j) This Lease contains the entire agreement of the parties and may not be modified except by an agreement in writing signed by both parties. (k) The captions appearing within the body of this Lease have been inserted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope or meaning of this Lease or of any provision hereof. (l) This Lease has been executed in several counterparts, all of which constitute one and the same instrument. (m) Landlord and Tenant shall not unreasonably withhold, delay or condition any consent or approval which this Lease requires. (n) The use of the neuter singular pronoun to refer to either party shall be deemed a proper reference even though it may be an individual, partnership, corporation or a group of two or more individuals or corporations. The necessary grammatical changes required to make the provisions of this Lease apply in the plural number where there is more than one Landlord or Tenant and to either corporations, associations, partnerships or individuals, males or females, shall in all instances be assumed as though in each carefully expressed. (o) In any action or proceeding which Landlord or Tenant may be required to prosecute to enforce its respective rights hereunder, the unsuccessful party agrees to pay all costs incurred by the prevailing party therein, including reasonable attorneys' fees. (p) If Landlord should sell or otherwise transfer Landlord’s interest in the Land or Building, or if the same should be sold or transferred by operation of law or otherwise, Tenant agrees that Landlord shall thereafter have no liability to Tenant under this Lease, except for such liability as may have accrued prior to the date of such sale or transfer; provided, however, that new Landlord agrees to be bound by this Lease. (q) Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, or of partnership, or of joint venture between the parties hereof, the sole relationship being that of landlord and tenant. (r) Tenant’s personal property and trade fixtures, if any, shall be separately listed for assessment purposes and/or for taxation purposes. Tenant shall promptly pay all taxes levied thereon. (s) Nothing in this Lease (express or implied) is intended to or shall be construed to confer upon or give any person or entity, other than the parties hereto, any right or remedy under or by reason or this Lease or the representations or agreements contained herein. (t) The laws of the State of Oklahoma shall govern the validity, performance and enforcement of this Lease. (u) Any assent or waiver, expressed or implied by the Landlord or Tenant to any breach by the other of any covenant or condition herein contained, shall operate as assent or waiver only in the specific instance and shall not be construed as an assent or waiver of any such consent or condition generally or of any subsequent breach of the covenants and conditions thereof. (v) Landlord and Tenant agree that an electronic copy of any signed signature page to this Lease shall evidence and constitute valid execution of same and shall be legally binding to the same extent as the original signature copy would be legally binding as an original document. (w) Within ninety (90) days after the end of each calendar year, Tenant shall furnish to Landlord a statement of income and expenses, and a balance sheet, for the immediately preceding year, certified by Tenant for the accuracy thereof. (x) Within ninety (90) days after the end of each calendar year, Tenant shall furnish to Landlord a statement of sales generated in the Premises, for the immediately preceding year, certified by Tenant for the accuracy thereof. (y) Tenant shall not engage in any activities or make alterations that could void Landlord’s Duro-Last roof warranty. Tenant shall only use Durolast approved cleaners. Tenant shall not store any items on the rooftop. Any work or modifications to the roof must be pre-approved in writing by Landlord. (z) Time is of the essence with respect to all matters set forth in this Lease. 25. Brokers Each party warrants and represents to the other that it has not dealt with any real estate broker or agent in connection with this Lease or its negotiation except for Eric Williams with McGee Real Estate Services, L.L.C. ("Broker"). Landlord shall be responsible for the payment of all related brokerage fees and/or commissions payable to Broker pursuant to the terms of a separate agreement. Each party shall indemnify and hold the other party harmless from any cost, expense or liability (including costs of suit and reasonable attorney’s fees) for any compensation, commission or fees claimed by any other real estate broker or agent in connection with this Lease or its negotiation by reason of any act of Tenant. 26. Attachments Exhibits A, B, C, D and E are attached to this Lease and made a part hereof. 27. Security Deposit Tenant agrees to deposit with Landlord, at the time of Tenant's execution hereof, a security deposit in the amount of Two Thousand Six Hundred Fourteen and 58/100 Dollars ($2,614.58) ("Security Deposit"). The Security Deposit may be applied by Landlord to any past due sum owed by Tenant to Landlord. The Security Deposit may not be used as any part of the payment of the last month’s rent due. Upon Tenant’s satisfactory return of the Premises to the Landlord in the same condition as was given to Tenant at commencement of the Lease, subject to normal wear and tear, Landlord shall return the Security Deposit within thirty (30) days of the termination of the Lease. 28. Guaranty of Lease Tenant agrees to deliver to Landlord, at the time of Tenant's execution of this Lease, the guarantees attached hereto as Exhibit E and made a part hereof. The guarantees shall be required from Richard Advani and Sherry Advani. 29. Tenant’s Property Landlord is hereby given a lien upon all fixtures, merchandise, and other property on the premises to secure the payment of the occupancy charges payable hereunder, and Landlord shall be entitled to seize and sell same at any time after Tenant has failed to cure any monetary default after notice and an opportunity to cure. If any such property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of occupancy charges payable hereunder and any damages to which the Landlord may be entitled under the terms of this Lease or pursuant to law. This Lease shall constitute a security agreement under the Uniform Commercial Code. Tenant agrees to execute as a debtor such financing statements and continuation statements as Landlord may reasonably request in order that such security interest may be perfected under the Uniform Commercial Code. {Signature Page Follows} IN WITNESS WHEREOF, the parties have executed or caused to be executed this Lease. LANDLORD: KG HOLDINGS, L.C., an Oklahoma limited liability company By: ________________________________ Kamber Drew, Manager W.E.P. LAND HOLDINGS, LLC, an Oklahoma limited liability company By: ________________________________ Kamber Drew, Manager TENANT: BEFRIEND INVESTMENTS, LLC, an Oklahoma limited liability company By: [signature] Name: Richard Advani Title: Member By: [signature] Name: Sherry Advani Title: Member EXHIBIT A Attached To and Made Part of Lease Dated as of July 1, 2025. Made Between KG Holdings, L.C./W.E.P. Land Holdings, LLC (Landlord) and Befriend Investments, LLC (Tenant) SITE PLAN OF PREMISES  EXHIBIT B Attached To and Made Part of Lease Dated as of July 1, 2025. Made Between KG Holdings, L.C./W.E.P. Land Holdings, LLC (Landlord) and Befriend Investments, LLC (Tenant) SITE PLAN OF SHOPPING CENTER  EXHIBIT C Attached To and Made Part of Lease Dated as of July 1, 2025. Made Between KG Holdings, L.C./W.E.P. Land Holdings, LLC (Landlord) and Befriend Investments, LLC (Tenant) TENANT'S PLANS AND SPECIFICATIONS {To be provided by Tenant and inserted herein} EXHIBIT D Attached To and Made Part of Lease Dated as of July 1, 2025. Made Between KG Holdings, L.C./W.E.P. Land Holdings, LLC (Landlord) and Befriend Investments, LLC (Tenant) RULES & REGULATIONS Tenant shall abide by and observe the following rules and regulations as well as other reasonable rules and regulations as may be promulgated from time to time by Landlord for the operation, safety, security and maintenance of the Shopping Center. A copy of any new rules and regulations shall be provided by Landlord to Tenant. 1. Nothing shall be placed in the Premises which may be visible from the exterior of the Building (including window treatments) without the prior written consent of Landlord which consent shall not be unreasonably withheld, conditioned or delayed. 2. Landlord shall provide Tenant with one (1) key to access the Premises. Tenant may make copies of the key or may replace the locks to the Premises. Tenant shall be solely responsible for the security of keys to the Premises. All keys in Tenant’s possession shall be surrendered to Landlord at the termination of the Term. 3. Tenant shall not install or operate any steam or internal combustion engine, boiler, or machinery in or about the Premises or carry on any mechanical business therein. Tenant shall not install any vending machines other than for employee use. 4. The restroom fixtures shall not be used for purposes other than those for which they were constructed. 5. Tenant shall not permit littering of the common area of the Shopping Center. 6. Tenant shall not waste utility services and shall cooperate fully with Landlord to assure the most effective operation of the Building’s heating, ventilating, and air conditioning system and shall not adjust any controls other than thermostats installed for Tenant’s use. 7. Tenant shall use reasonable efforts to protect the Premises from theft, robbery and pilferage, which includes keeping doors locked and other means of entry of the Premises closed and secured. 8. No animals (except animal assistants to the disabled), birds, bicycles or other vehicles shall be allowed in any part of the Shopping Center without the prior consent of Landlord. 9. Tenant shall not accumulate large quantities of wastepaper, discarded records, books, paper files, sweepings, rags, rubbish or other combustible matter. 10. Tenant shall not exhibit, sell or offer to sell, use, rent or exchange any item or service in or from the Premises unless within the permitted use of the Premises as set forth in the Lease. 11. Landlord reserves the right to exclude from the Shopping Center all disorderly persons, persons under the influence of alcohol or a controlled substance, idlers and peddlers, solicitors, and persons entering in crowds or in such unusual numbers as to cause inconvenience to the tenants of the Building. 12. Tenant shall comply with all terms, conditions and covenants of the Lease in connection with its use and occupancy of the Premises. 13. The Tenant shall not do or permit anything to be done in the Premises or bring or keep anything therein which will in any way increase the rate of fire insurance on the Building or on property kept therein or obstruct or interfere with the laws relating to fire or with any regulations of the fire department or with the insurance policy upon the Building and Shopping Center or any part thereof or conflict with any of the rules or ordinances of the Board of Health of the State of Oklahoma. 14. Tenant shall not permit any smoking of any kind within the Premises. Tenant shall cause its employees and customers to observe all smoking bans in the Premises and Common Areas of the Shopping Center. Landlord shall not have any liability to Tenant or its employees as a result of any smoking violation. 15. Tenant shall not mark, paint, drill into or in any way deface any part of the Building or the Premises. 16. All parking spaces in the Shopping Center shall be used only for the personal automobiles of Tenant and its employees and guests and shall not be used to store vehicles. Landlord reserves the right to tow illegally parked vehicles parked in violation of parking regulations. 17. In the event Tenant’s space interferes with any neighboring space as it relates to damages caused by Tenant’s pest control issues, water issues, noise, etc., Tenant shall be responsible for costs to repair such damage to neighboring tenants. 18. Tenant is hereby prohibited from discussing any financial or management-related terms and matters of this Lease with any other tenants in the Shopping Center. Damages to be paid to Landlord for violation of this rule shall be one months’ rent or such other amounts available under law or at equity. 19. Within six (6) months of the expiration of this Lease, Landlord or its agents may show the Premises to prospective tenants and may place on the windows or doors thereof, a notice or sign indicating that the Premises is available for lease. 20. Tenant shall provide Landlord with 24-hour emergency contact information, including a primary and secondary contact name and phone number. 21. The Landlord or its agents shall have the right to enter the Premises and examine the same to ensure conformance by Tenant with these Rules and Regulations or to make such repairs, alterations, or additions as the Landlord shall deem necessary for the safety, preservation or improvement of the Building. EXHIBIT E Attached To and Made Part of Lease Dated as of July 1, 2025. Made Between KG Holdings, L.C./W.E.P. Land Holdings, LLC (Landlord) and Befriend Investments, LLC (Tenant) PERSONAL GUARANTY The undersigned hereby irrevocably and individually guarantees the performance of any and all of the Tenant's obligations in this Lease from the beginning date through the expiration of the term of said Lease, including any extensions thereof. In the event of the death or disability of Guarantor, the obligations of this Guarantee shall continue to the estate, trust, and/or individual(s) responsible for the assets of the Guarantor. The undersigned hereby agrees that any notice to Tenant, Befriend Investments, LLC, under said Lease shall be sufficient notice to the undersigned as Guarantor. The undersigned hereby agrees that the Landlord under said Lease may make immediate demand upon the undersigned as Guarantor without first making demand upon Tenant. The undersigned hereby covenants and agrees to advise the Landlord, in writing, of any substantial change in the financial condition of the undersigned, such substantial financial change being herein defined as a thirty percent (30%) reduction of the net worth of the undersigned as reflected in an annual financial statement of the undersigned. The undersigned hereby agrees to submit an annual financial statement to the Landlord on or before April 15th of each year of the Term of this Lease. [signed] Guarantor: Richard Advani 5705 Copperstone Court Residence Address Mustang, Oklahoma City State Zip Code Attached To and Made Part of Lease Dated as of July 1, 2025. Made Between KG Holdings, L.C./W.E.P. Land Holdings, LLC (Landlord) and Befriend Investments, LLC (Tenant) PERSONAL GUARANTY The undersigned hereby irrevocably and individually guarantees the performance of any and all of the Tenant's obligations in this Lease from the beginning date through the expiration of the term of said Lease, including any extensions thereof. In the event of the death or disability of Guarantor, the obligations of this Guarantee shall continue to the estate, trust, and/or individual(s) responsible for the assets of the Guarantor. The undersigned hereby agrees that any notice to Tenant, Befriend Investments, LLC, under said Lease shall be sufficient notice to the undersigned as Guarantor. The undersigned hereby agrees that the Landlord under said Lease may make immediate demand upon the undersigned as Guarantor without first making demand upon Tenant. The undersigned hereby covenants and agrees to advise the Landlord, in writing, of any substantial change in the financial condition of the undersigned, such substantial financial change being herein defined as a thirty percent (30%) reduction of the net worth of the undersigned as reflected in an annual financial statement of the undersigned. The undersigned hereby agrees to submit an annual financial statement to the Landlord on or before April 15th of each year of the Term of this Lease. DocuSigned by: Sherry Advani Guarantor: Sherry Advani 5705 Copper Stone Court Residence Address Mustang, Oklahoma 73064 City State Zip Code From: Jacob Heskett <[email protected]> Sent: Wednesday, January 7, 2026 12:18 PM Jacob Heskett <[email protected]> to Eric, Ariel Hello, Per our last correspondence and for the reasons outlined therein, our clients are absolved of any responsibility per the terms of the lease A petition will be filed this week or the coming week, and then served upon the respective parties, accompanied by discovery requests. If Ariel Kates <[email protected]> to me, Eric Jacob, We do not agree with your position. As we previously stated, the lease remains in full force and effect, and your clients re Nonetheless, by your direction regarding reletting of the space, we will proceed with marketing the premises in an effort t