{"id":41669,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/6-berkshire-blvd-bethel-ct-forbearance-agreement-berkshire.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"6-berkshire-blvd-bethel-ct-forbearance-agreement-berkshire","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/6-berkshire-blvd-bethel-ct-forbearance-agreement-berkshire.html","title":{"rendered":"6 Berkshire Blvd. (Bethel, CT) Forbearance Agreement &#8211; Berkshire Industrial Corp. and Cyberian Outpost Inc."},"content":{"rendered":"<pre>                             FORBEARANCE AGREEMENT\n                           (with Release Provision)\n\n\n     AGREEMENT effective the 28th day of August, 2001 by and between BERKSHIRE\nINDUSTRIAL CORPORATION, hereinafter referred to as \"BERKSHIRE\",  and CYBERIAN\nOUTPOST, INC.,  hereinafter referred to as \"OBLIGOR\".\n\n     WHEREAS, BERKSHIRE is the owner of record of certain premises at 6\nBerkshire Boulevard, a\/k\/a as 17,000 square feet space in Building Number 8,\nBerkshire Corporate Park, in the Town of Bethel, County of Farifield and State\nof Connecticut (the \"demised premises\");\n\n     WHEREAS, On or about September 9, 1999, by written lease (the \"lease\"),\nBERKSHIRE leased the demised premises to the OBLIGOR, CYBERIAN OUTPOST, INC.;\n\n     WHEREAS, the OBLIGOR entered into possession of the demised premises\npursuant to the lease;\n\n     WHEREAS, the OBLIGOR in default of the lease;\n\n     WHEREAS, BERKSHIRE has commenced an action in summary process to recover\npossession of the demised premises, which action is pending in the Superior\nCourt for the Judicial District of Danbury, G.A.#3.\n\n     WHEREAS, the OBLIGOR is liable to BERKSHIRE for damages under the lease.\n\n     WHEREAS, BERKSHIRE has exercised its right to recover possession of the\ndemised premises, and has retained legal counsel to enforce its rights under the\nlease.\n\n     WHEREAS, BERKSHIRE is prepared to obtain judgment in said summary process\naction pending in the Superior Court for the Judicial District of Danbury,\nG.A.#3;\n\n     WHEREAS, BERKSHIRE has the right and is prepared to commence an action for\nmoney damages against the OBLIGOR for the OBLIGOR'S breach of the lease;\n\n                                       1\n\n \n     WHEREAS, OBLIGOR wishes BERKSHIRE to forestall any further legal action\nagainst OBLIGOR;\n\n     WHEREAS, BERKSHIRE is willing to forestall further legal action against\nOBLIGOR in return for OBLIGOR'S promises contained herein which are satisfactory\nand acceptable to BERKSHIRE; and\n\n     WHEREAS, the parties wish to confirm their agreements.\n\n     WHEREFORE, in consideration of the mutual promises, covenants and untakings\ncontained herein, it is agreed that:\n\n     1.  OBLIGOR shall vacate the demised premises for possession by BERKSHIRE\non or before 12:00 o'clock p.m. on September 14, 2001, time being of the\nessence.  Thereafter, the OBLIGOR shall have no further rights of possession\nunder the lease or operation of law; and BERKSHIRE shall be released from any\nfurther performance or obligation under the lease.\n\n     2.  Upon the execution of this Agreement by OBLIGOR, OBLIGOR shall tender\nto BERKSHIRE the sum of twenty thousand dollars ($20,000.00) in good funds.\n\n     3.  On or before 5:00 o'clock p.m. on October 1, 2001, the OBLIGOR shall\ntender to BERKSHIRE the additional sum of eighty thousand dollars ($80,000.00)\nin good funds, time being of the essence.\n\n     4.  If possession of the demised premises is given to BERKSHIRE and\npayments are made to BERKSHIRE as provided for hereinabove, and no legal action\noccurs or is taken by third party creditors of OBLIGOR that might adversely\naffect the legal interests of BERKSHIRE, subject to the terms of Provision 6\ncontained hereinafter, this Agreement shall serve as BERKSHIRE'S release of\nOBLIGOR from any and all further liability to BERKSHIRE under the lease.\n\n                                       2\n\n \n     5.  If possession of the demised premises is not given to BERKSHIRE and\/or\npayments are not made to BERKSHIRE as provided for hereinabove, or legal action\noccurs or is taken by third party creditors of OBLIGOR that will or might\nadversely affect the legal interests of BERKSHIRE, BERKSHIRE shall have the\noption and right to take any legal action deemed appropriate by BERKSHIRE\nagainst the OBLIGOR for collection of any and all damages that BERKSHIRE may\nsustain as a result of the breach of the lease by OBLIGOR, including, but not\nlimited to, any and all costs incurred by BERKSHIRE prior to this date, which\nshall be deemed costs of collection payable by OBLIGOR.\n\n     6.  Notwithstanding any provisions to the contrary contained herein, prior\nto vacating the demised premises, and except for payment of base rent, OBLIGOR\nshall continue to be liable to BERKSHIRE pursuant to the terms of the lease.\nNotwithstanding any provisions to the contrary contained herein, in addition to\nthe promises of the OBLIGOR contained herein, subsequent to vacating the demised\npremises; OBLIGOR shall continue to be liable to BERKSHIRE pursuant to Provision\n8 (Security) and Provision 12 (Tenant Fit-Out and Alterations) and Provision 9\n(Utilities) of the lease.  Any utility expenses payable by OBLIGOR shall be paid\non October 1, 2001.\n\n     7.  This Agreement shall be binding against the respective successors and\nassigns of the parties hereto.\n\n     Wherever in this instrument any party shall be designated or referred to by\nname or general reference, such designation is intended to and shall have the\nsame effect as if the words \"heirs, executors, administrators, personal or legal\nrepresentatives, successors and assigns\" had been inserted after each and every\nsuch designation and all the terms, covenants and conditions herein contained\nshall be for and shall inure to the benefit of and shall bind the respective\nparties hereto, and their heirs, executors, administrators, personal or legal\nrepresentatives, successors and assigns, respectively.\n\n                                       3\n\n \n     In all references herein to any parties, persons, entities or corporations\nthe use of any particular gender or the plural or singular number is intended to\ninclude the appropriate gender or number as the text of the within instrument\nmay require.\n\n     This Agreement may be executed by the parties hereto in separate\ncounterparts, each of which when so executed and delivered shall be an original,\nbut all such counterparts shall together constitute one and the same instrument.\nEach counterpart may consist of a number of copies hereof each signed by less\nthan all, but together signed by all of the parties hereto.\n\n                                         CYBERIAN OUTPOST, INC.\n\n                                         By:  \/s\/ Christopher J. Walls\n                                              ------------------------\n \n\n\n                                         BERKSHIRE INDUSTRIAL CORPORATION\n\n                                         By:  \/s\/ Roy E. Steiner\n                                              ------------------\n                                              Roy E. Steiner, President\n \n\n\nSTATE OF CONNECTICUT:\n                    :                  ss     August 31, 2001\nCOUNTY OF LITCHFIELD:\n\n     Personally appeared before me, Christopher J. Walls, Vice President of\nCYBERIAN OUTPOST, INC., signer and sealer of the foregoing instrument, who\nacknowledged that the execution of the foregoing instrument was his free act and\ndeed, and the free act and deed of CYBERIAN OUTPOST, INC.\n\n                                              \/s\/ Melanie Chernak\n                                              -------------------\n                                              Commissioner of the Superior Court\n                                              Notary Public\n\n                                              MELANIE CHERNAK\n                                              NOTARY PUBLIC\n                                              MY COMMISSION EXPIRES 6-30-03\n\n                                       4\n\n \nSTATE OF CONNECTICUT:\n                    :         ss.  Danbury    September 26, 2001\nCOUNTY OF LITCHFIELD:\n\n     Personally appeared before me, Roy E. Steiner, President of BERKSHIRE\nINDUSTRIAL CORPORATION, signer and sealer of the foregoing instrument, and\nacknowledged that the execution of the foregoing instrument to be his free act\nand deed, and the free act and deed of BERKSHIRE INDUSTRIAL CORPORATION.\n\n                                             \/s\/ Elaine A. Tomanio\n                                             ---------------------\n                                             Notary Public\n                                             My Commission Expires May 31, 2003\n\n                                       5\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7254],"corporate_contracts_industries":[9497],"corporate_contracts_types":[9585,9579],"class_list":["post-41669","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-cyberian-outpost-inc","corporate_contracts_industries-retail__electronics","corporate_contracts_types-land__ct","corporate_contracts_types-land"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/41669","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=41669"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41669"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41669"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41669"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}