Exhibit 10(ttt)
REAL ESTATE SUBLEASE WAIVER
AGREEMENT
WAIVER AGREEMENT, dated as of
February 27, 2006, by and between FRUCTIBAIL INVEST (“
Sublandlord ”) and THE BANK OF NEW YORK (“
Subtenant ”).
Reference is made to the Real Estate
Sublease (the “ Real Estate Sublease ”) by and
between Sublandlord, as sublandlord, and Subtenant, as subtenant,
and the Real Estate Lease (the “ Real Estate Lease
”) of even date herewith by and between 4101 Austin Boulevard
Corp. (“ Landlord ”), as Landlord, and
Sublandlord, as tenant (“ Tenant ”).
Please be advised that, so long as
(a) no Sublandlord Termination Event shall have occurred under
Section 16.1(B) of the Real Estate Sublease and
(b) Landlord shall not be in default of its obligation to pay
the Early Termination Amount to Tenant if and when due under the
Real Estate Lease, Sublandlord hereby agrees to:
|
|
1)
|
waive all
provisions of Article 3 and Section 4.2 of the Real Estate
Sublease;
|
|
|
2)
|
waive the
application of the Rules and Regulations to the
Premises;
|
|
|
3)
|
grant Subtenant
the exclusive right to make Alterations to the Premises, consistent
with its practices and Article 6 of the Real Estate Sublease;
and
|
|
|
4)
|
waive all
provisions of Article 14 of the Real Estate Sublease,
|
