Exhibit 10.6
GUARANTY OF
LEASE
In order to induce
K& R Properties (“Landlord”) to enter into
that certain Lease dated 9-14, 2007 (the “Lease”) with
KenKev II, a Maine Corporation (“Tenant”), VCG
Holding Corp., a Colorado corporation (“Guarantor”)
hereby makes the following agreements with and in favor of
Landlord:
1.
Guarantor hereby guarantees, unconditionally and absolutely, the
full and faithful performance and observance of all the covenants,
terms, and conditions of the Lease to be performed and observed by
Tenant, expressly including, without being limited to, the payment,
when due, of Minimum Rent and additional rent payable under the
Lease.
2.
If the Lease shall be modified in any respect by agreement between
Landlord and Tenant, the obligations hereunder of Guarantor shall
extend and apply with respect to the full and faithful performance
and observance of all the covenants, terms and conditions of the
Lease and of any such modification thereof.
3.
If the Lease shall be renewed, or its term extended, for any period
beyond the date specified in the Lease for the expiration of said
term, either pursuant to any option granted under the Lease or
otherwise, or if Tenant holds over beyond the term of the Lease,
the obligations hereunder of Guarantor shall extend and apply with
respect to the full and faithful performance and observance of all
the covenants, terms and conditions of the Lease and of any such
modification thereof.
4.
Insofar as the payment by Tenant of any sums of money to Landlord
is involved, this Guaranty is a guaranty of payment and not of
collection, and shall remain in full force and effect until payment
in full to Landlord of all sums payable under the Lease. Guarantor
waives any right to require that any action be brought against
Tenant.
5.
Guarantor does not require any notice of Tenant’s nonpayment,
nonperformance, or non-observance of the covenants, terms and
conditions of the Lease. Guarantor hereby expressly waives
the right to receive such notice.
6.
Guarantor expressly agrees (without in any way limiting his
liability under any other provision of this Guaranty) that
Guarantor shall, at the request of Landlord, enter into a new lease
with Landlord on the same terms and conditions as contained in the
Lease immediately prior to its termination, for a term commencing
on the termination date of the Lease and ending on the
expira
