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NINTH AMENDMENT TO LEASE AGREEMENT

Lease Agreement

NINTH AMENDMENT TO LEASE AGREEMENT | Document Parties: Kent Central, LLC | RAINIER COMMONS, LLC | TULLY'S COFFEE CORPORATION You are currently viewing:
This Lease Agreement involves

Kent Central, LLC | RAINIER COMMONS, LLC | TULLY'S COFFEE CORPORATION

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Title: NINTH AMENDMENT TO LEASE AGREEMENT
Date: 9/18/2008

NINTH AMENDMENT TO LEASE AGREEMENT, Parties: kent central  llc , rainier commons  llc , tully's coffee corporation
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Exhibit 10.7(j)

NINTH AMENDMENT TO LEASE AGREEMENT

THIS NINTH AMENDMENT TO LEASE AGREEMENT is made and entered into as of the 7 th day of October, 2004, between RAINIER COMMONS, LLC, a Washington limited liability company (“Lessor”), and TULLY’S COFFEE CORPORATION, a Washington corporation (“Lessee”).

RECITALS

A. Pursuant to that certain Lease Agreement dated August 16, 1999, entered into between Kent Central, LLC (“KCL”) and Lessee, as modified by those certain amendments described in the attached Exhibit B (collectively, the “KCL Lease”), KCL agreed to lease to Lessee certain premises as further described in the Lease (the “Original Lease Premises”) on the real property located at 3100 Airport Way South, Seattle, Washington, which is legally described as set forth on the attached Exhibit A (the “Property”). On July 17, 2003, Lessor purchased the Property from KCL, and thereby assumed all of KCL’s rights and obligations under the Lease. Lessor and Lessee modified the lease by the Sixth Amendment to Lease Agreement dated as of June 26, 2003, which became effective upon the July 17, 2003 closing the purchase of the Property from KCL (the “Sixth Amendment”) and further modified the lease by the Seventh Amendment to Lease Agreement dated as of July 23, 2004 (the “Seventh Amendment”) and the Eighth Amendment to Lease Agreement of even date herewith (the “Eighth Amendment”). The KCL lease, as modified by the Sixth Amendment, Seventh Amendment and Eighth Amendment, is referred to herein as the “Lease”.

B. Lessor and Lessee have agreed to make certain modifications to the Lease on the terms and conditions set forth in this Ninth Amendment to Lease Agreement ( the “Ninth Amendment”).

AGREEMENT

NOW, THEREFORE, in consideration of foregoing and the promises made below, and other good and valuable consideration, the parties agree as follows:

1. Definitions . Except as otherwise stated in this Ninth Amendment, terms which are defined in the Lease shall have the same meanings for this Ninth Amendment.

2. Amendments . Effective as provided herein, the Lease is hereby amended as follows:

2.1 Modifications of Premises. Lessor and Lessee have entered into a separate lease agreement of even date herewith (the “retail store lease”), providing for the construction by Lessor of a retail store with drive-thorough service on the Property, which shall be leased to Lessee pursuant to the retail store lease. Nothing in this section shall require the parties to construct such a store or execute such a retail store lease. However, in the event that such store is constructed by Lessor and Leased by Lessee pursuant to the retail store lease:

(a) The retail store premises shall not be included within the Tully’s Premises under the Lease.

(b) The construction, leasing and operation of the retail store shall not affect the respective privileges and responsibilities of Lessor and Lessee under the Lease, and shall not result in any change to the amount to Rent payable by Lessee under the Lease.

 

 

 

 

 

 

#395696 v1 - 9th Amendment Tullys Lease

 

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c) All cost related to such retail store shall be paid by Lessor or Lessee, as applicable, as may be provided under the retail store lease, and such costs shall be excluded from the costs that are allocable as Monthly Operating Expenses under the Lease.

3. No Other Changes . Except as modified by the this Ninth Amendment and as otherwise agreed upon herein, all other terms of the Lease, including without limitation all exhibits thereto, remain unchanged and in full force and effect.

4. Conflict and Construction; Definitions . In the event of any conflict between the terms of this Ninth Amendment and the terms of the Lease, the terms and provisions of this Ninth Amendment shall prevail. Capitalized terms not otherwise defined in this Ninth Amendment shall have the meanings set forth in the Lease.

5. Successor and Assigns . The terms and provisions of this Ninth Amendment shall bind and inure to the benefit of Lessor and Lessee and their respective successors and assigns. This Ninth Amendment may not be assig


 
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