ASSIGNMENT OF LEASE
(SKECHERS LEASE)
THIS ASSIGNMENT OF
LEASE (“ Assignment ”) is made and
entered into this 12 th day of April, 2010 (the “ Effective
Date ”) by and between HF LOGISTICS I, LLC, a
Delaware limited liability company (“ Assignor
”) and HF LOGISTICS-SKX T1, LLC, a Delaware limited liability
company (“ Assignee ”).
For valuable
consideration, receipt of which is acknowledged, Assignor and
Assignee agree as follows:
1.
Assignment and Assumption .
(a) Assignor
hereby assigns and transfers to Assignee all right, title and
interest of Assignor in, to and under the lease (the “
Lease ”) described as follows: Lease Agreement
dated September 25, 2007 between Assignor, as landlord, and
Skechers U.S.A., Inc., a Delaware corporation (“
Tenant ”), as tenant, as amended by that
certain Amendment to Lease Agreement dated December 18, 2009,
by and between Assignor and Tenant. The foregoing assignment
includes the transfer by Assignor to Assignee of all rights to
prepaid rents (including, without limitation, operating expenses)
under the Lease. It is understood and agreed that the actual
transfer of the prepaid rent and operating expenses (Eight Hundred
Ninety-Eight Thousand Two Hundred Eighty-One Dollars ($898,281))
shall be made by Assignor to Assignee no later than the
Commencement Date (as defined in the Lease).
(b) Assignee
hereby accepts the foregoing assignment, and assumes and agrees to
perform all of the covenants and agreements in the Lease to be
performed by the landlord thereunder that arise from and after the
Effective Date.
2.
Assignor Representations . Assignor represents to
Assignee as follows:
(a) It
is the sole, lawful owner of the landlord’s interest in the
Lease and Assignor has not sold, assigned, encumbered or
transferred any interest in the Lease, or any part thereof, to any
other person or entity.
(b) To
the best of Assignor’s knowledge, the Lease is in full force
and effect and neither Tenant nor Assignor, as landlord, is in
default thereunder.
3.
Indemnification . Assignor agrees to indemnify,
defend a
