{"id":41947,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/one-perimeter-park-south-birmingham-al-lease-agreement.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"one-perimeter-park-south-birmingham-al-lease-agreement","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/one-perimeter-park-south-birmingham-al-lease-agreement.html","title":{"rendered":"One Perimeter Park South (Birmingham, AL) Lease Agreement &#8211; Birmingham Realty Co. and Crescent Capital Trust"},"content":{"rendered":"<pre>\n\n                                                BIRMINGHAM REALTY COMPANY \nSTATE OF ALABAMA)                               2118 First Avenue North      \n                                                Birmingham, Alabama 35203 \nJEFFERSON COUNTY)                               Telephone: (205) 322-7789\n\n                                LEASE AGREEMENT\n\n                              PERIMETER PARK SOUTH\n\n                 THIS AGREEMENT, made and entered into on the 25th day of May,\n1993, between BIRMINGHAM REALTY COMPANY (hereinafter called 'Landlord') and\nCRESCENT CAPITAL TRUST (hereinafter called 'Tenant'), is to witness that:\nLandlord does this day lease unto Tenant and Tenant does lease from Landlord\nthe following described space (herein called Premises) being approximately 1500\nsquare feet located on the Third Floor South in the building known as ONE\nPERIMETER PARK SOUTH, at the address of ONE PERIMETER PARK SOUTH, SUITE 335\nSOUTH, BIRMINGHAM, ALABAMA 35243, in Jefferson County, Alabama.  Premises are\nmore particularly shown and outlined on the plan attached hereto as Exhibit 'A'\nand as the Premises shall be finished or remodeled as specified in Work Letter\nAgreement attached hereto as Exhibit 'B', both made a part hereof.\n                      1.  TERM:\n                 (a)  The Term of this lease shall commence on the 1st day of\nJune, 1993, and end at 6:00 p.m. on the 31st day of May, 1994.  The Tenant\nagrees to pay each month as Base Rent for the Premises to Birmingham Realty\nCompany at 2118 First Avenue North, Birmingham, Alabama 35203, the sum of Six\nHundred Forty Six and 25\/100------------------ Dollars ($646.25), being at the\nrate of Seven Thousand Seven Hundred Fifty Five and No\/100---------------\nDollars ($7,755.00) per annum, which sum shall be payable in advance on the\nfirst day of each month during the rental period of this Lease, or sooner if\naccelerated under the subsequent provisions hereof.  The first month's base\nrent shall be paid contemporaneously with the execution of this Lease by\nTenant.  Lessee agrees that a Service and Bookkeeping Charge of 5% shall become\ndue and payable each and every month that the Rent has not been received in the\noffice of Birmingham Realty Company by the tenth (10th) of the month.\n                 (b)  It is understood that the Base Rent specified in\nParagraph (a) does not anticipate any increase in the amount of taxes on the\nProperty or in the cost of operations and maintenance thereof.  Therefore, in\norder that the rental payable throughout the term of the Lease shall reflect\nany such increase, the parties agree as hereinafter in this Section set forth.\nThe Annual Base Rent payable pursuant to Paragraph (a) as increased pursuant to\nParagraphs (b) and (c) of this Section is hereinafter called the 'Rent', which\nTenant agrees to pay.  \n                 Certain terms are defined as follows:\n                 Base Year:       The Base Year for Taxes and Operating\nExpenses shall be the full calendar year of 1993.\n                 Tenant's Share:  For each calendar year commencing with the\ncalendar year immediately following the Base Year, the Tenant's pro rata share\nof the increase in Taxes and Operating Expenses over the Base Year.  The\nTenant's Share is agreed to be 1.05% of such increase.\n\n                                      1\n\n\n                 Taxes:  (i) all real estate taxes, including state equalization\nfactor, if any, payable (adjusted after protest or litigation, if any) for any\npart of the term of this Lease, exclusive of penalties or discounts, on the\nProperty, (ii) any taxes which shall be levied in lieu of any such taxes, such\nas taxes on the gross rentals of the Property, (iii) any special assessments\nagainst the Property which shall be required to be paid during the calendar\nyear in respect to which taxes are being determined, and (iv) the expense of\ncontesting with Tenant's prior approval, the amount or validity of any such \ntaxes, charges, or assessments; such expense to be applicable to the period of\nthe item contested.  The landlord reserves the right to recompute the \nadditional rent due hereunder in the event of a change of Taxes for the Base \nYear and the Tenant agrees to pay such additional rent when billed.\n                 Operating Expenses:     Those expenses incurred or paid on\nbehalf of the Landlord in respect of the operation and maintenance of the\nProperty which, in accordance with accepted principles of sound accounting\npractice used by the Landlord, as applied to the operation, management and\nmaintenance of first class office buildings, are properly chargeable to the\noperation and maintenance of the Property, and the cost, as reasonably\namortized by the Landlord, with interest at the Prime Rate on the unamortized\namount of any capital improvement made after the Base Year which reduces other\nOperating Expenses, but in an amount not to exceed such reduction for the\nrelevant year.  Operating Expenses shall not include depreciation, debt\nservice, franchise or income taxes imposed on the landlord, except to the\nextent hereinbefore provided, and the cost to the Landlord of any work or\nservice performed in any instance for any tenant (including the Tenant) at the\ncost of such Tenant.  If Landlord shall make any capital improvement after the\nOperating Expense Base Year during the term of this Lease in compliance with\nthe requirements of any federal, state, or local law or governmental regulation,\nthen the reasonable annual amortization of the cost of such improvement, with\ninterest at the Prime Rate from the time of completion of such improvement,\nshall be deemed an Operating Expense in each of the calendar years during which\nsuch amortization is charged.  The 'Prime Rate' shall be computed and adjusted\non a daily basis for each installment based on the prime rate in force from\ntime to time during the period with respect to which such installment is being\ncalculated.  The term 'Prime Rate' shall mean the rate announced as such by\nChase Manhattan Bank or its successors at its principal office, but shall in no\nevent exceed the maximum rate provided by applicable law.\n                 In determining the amount of Operating Expenses for the\npurpose of this Section, for the Base Year or for any subsequent calendar year,\n(i) if less than 95% of the Building shall have been occupied by tenants and\nfully used by them, at any time during the year.  Operating Expenses shall be\nincreased to an amount equal to the like operating expense which would normally\nbe expected to be incurred, had such occupancy been 95% and had such full\nutilization been made during the entire period, or (ii) if the Landlord is not\nfurnishing any particular work or service (the cost of which if performed by\nthe Landlord would constitute an Operating Expense) to a tenant who has\nundertaken to perform such work or service in lieu of the performance thereof\nby the Landlord, Operating Expenses shall be deemed for the purposes of this\nSection\n\n                                      2\n\nto be increased by an amount equal to the additional operating expense which\nwould reasonably have been incurred during such period by the Landlord if it\nhad at its own expense furnished such work or service to such tenant.  The\nOperating Expenses for the Base Year are estimated by the Landlord to be $5.17\nper square foot of the Premises.\n                 (c) In order to provide for current payments on account of any\nincrease in the Taxes and Operating Expenses over the Base Year, the Tenant\nagrees, at Landlord's request, to pay as additional rent Tenant's Share due for\nthe ensuing twelve (12) months, as estimated by Landlord from time to time, in\ntwelve (12) monthly installments, each in an amount equal to 1\/12th of Tenant's\nShare so estimated by Landlord commencing on the first day of the month\nfollowing the month in which Landlord notifies Tenant of the amount of such\nestimated Tenant's Share.  If, as finally determined, Tenant's share shall be \ngreater than or to be less than the aggregate of all installments so paid on \naccount to the Landlord for such twelve (12) month period, then Tenant shall \npay to the Landlord the amount of such underpayment when billed, or the \nLandlord shall credit Tenant for the amount of such overpayment as the case \nmay be.  It is the intention hereunder to estimate the amount of Taxes and \nOperating Expenses for each year and then to adjust such estimate in the \nfollowing year based on actual Taxes and Operating Expenses incurred and\/or \npaid by Landlord for the period Tenant occupies Premises.  The obligation of \nthe Tenant with respect to the payment of Rent shall survive the termination of\nthis Lease.  Any payment, refund, or credit made pursuant to this Paragraph (c)\nshall be made without prejudice to any right of the Tenant to dispute or of \nthe Landlord to correct any item(s) as billed pursuant to the provisions \nhereof.\n                 (d) Upon receipt of the Landlord's statement, Tenant does\nhereby covenant and agree promptly to pay the increases in Rent pursuant to\nParagraphs (b) and (c) of this Section as and when the same shall become due\nand payable, without further demand therefor, and without any setoff or\ndeduction whatsoever.  Failure to give such statement shall not constitute a\nwaiver by Landlord of its right to require an increase in Rent nor shall such\nfailure deprive Tenant of a decrease in Rent, as the case may be.\n                 (e) Within thirty (30) days after receipt of such statement,\nTenant or its authorized employee shall have the right to inspect the books of\nLandlord during the business hours of Landlord at Landlord's office in the\nBuilding or, at Landlord's option, at such other location that Landlord may\nspecify for the purpose of verifying information in such statement.  Unless\nTenant asserts specific error(s) within thirty (30) days after delivery of such\nstatement, the statement shall be deemed to be correct.\n                 (f) No decrease in Taxes, Interest and\/or Operating Expenses\nshall reduce Tenant's Rent below the annual Base set forth in Paragraph (a) of\nthis Section.\n                 (g) All costs and expenses which Tenant assumes or agrees to\npay to Landlord pursuant to this Lease shall be deemed additional rent and, in\nthe event of nonpayment thereof, Landlord shall have all the rights and\nremedies herein provided for in case of nonpayment of Rent.\n\n                                      3\n\n                     2.  SERVICES:\n                         The Landlord shall provide at Landlord's expense,\nexcept as otherwise provided, the following services:\n                         (a) Heating and air conditioning service (8:00 a.m.\nto 6:00 p.m. Mondays through Fridays; and 8:00 a.m. to 12:00 p.m. on Saturdays;\nSundays and legal holidays excepted).\n                         (b) Continuous passenger elevator service.\n                         (c) General cleaning and janitor services, but not \nincluding cleaning of drapes and furniture, except for normal vacuuming and \ndusting.\n                         (d) Electric current for lighting and operation of \nfluorescent tubes and incandescent bulbs in Building Standard lighting \nfixtures and electrical current for operating small business machinery only\nusing 110 volt, 20 amp circuits.\n                         (e) Cold drinking water in the corridor on each floor\nin the Building.\n                         (f) Men's and women's restrooms on each floor and \ntoilet supplies therefor.\n                         Tenant shall be responsible for (1) the cost of\nelectricity or additional air conditioning required for special equipment that\nmay be installed by Tenant or because of unusually large number of personnel\nin the premises; (2) the cost of any extraordinary or excessive consumption of\nelectricity, water, or other utilities by Tenant; (3) paying a reasonable\namount, not to exceed $5.00 per hour for the use of electricity beyond the time\nelectricity is provided by Landlord pursuant to subparagraph (a) above; and (4)\npaying a reasonable amount, not to exceed $10.00 per hour for use of heating\nand air conditioning service beyond time same is provided by Landlord pursuant\nto subparagraph (a) above.  The hourly rates above specified shall be adjusted\nto the percentage of increase granted by the Alabama Public Service Commission.\n                         Should Tenant require any additional work or service,\nincluding but not limited to the additional work or service described above,\nincluding service furnished outside the stipulated hours, Landlord may, on\nterms to be agreed upon in reasonable advance notice by Tenant, furnish such\nadditional service and Tenant agrees to pay the Landlord such charges as may be\nagreed on, but in no event at a charge less than Landlord's actual cost plus\noverhead for the additional services provided, it being agreed that the cost to\nthe Landlord of such additional services shall be excluded from Operating\nExpense.\n                         It is understood that Landlord does not warrant that\nany of the services referred to above or any other services which Landlord may\nsupply will be free from interruption; Tenant acknowledging that any one or \nmore such services may be suspended by reason of accident or of repairs, \nalterations, or improvements necessary to be made, or by strikes or lockouts,\nor by reason of operation of law, or causes beyond the reasonable control of \nLandlord.  Any such interruption of discontinuance of service shall never be \ndeemed an eviction or disturbance of Tenant's use and possession of the \nPremises, or any part thereof, or render Landlord liable to Tenant for damages\nby abatement of rent or otherwise, or relieve Tenant from performance of \nTenant's obligations under this Lease.  Landlord agrees to use its best \nefforts to promptly restore services.\n\n                                      4\n\n\n\n              3.      QUIET ENJOYMENT\n                      So long as the Tenant shall observe and perform the \ncovenants and agreements binding on it hereunder, the Tenant shall at all \ntimes during the term herein granted peacefully and quietly have and enjoy \npossession of the Premises without any encumbrance or hindrance by, from, or \nthrough the Landlord.\n              4.      CERTAIN RIGHTS RESERVED TO THE LANDLORD\n                      The Landlord reserves all rights not herein specified \ngranted including without limitation the following:\n                      (a)      To name the Building and to change the name or \nstreet address of the Building.\n                      (b)      To install and maintain a sign or signs on the \nexterior or interior of the Building.  \n                      (c)      To designate all sources furnishing sign \npainting and lettering, ice, drinking water, toilet supplies, vending machines, \nmobile vending service, catering, and like services used on the Premises or in \nthe Building.  \n                      (d)      During the last ninety (90) days of the term, \nif during or prior to that time the Tenant vacates the Premises, to decorate, \nremodel, repair, alter or otherwise prepare the Premises for reoccupancy, \nwithout affecting Tenant's obligation to pay rental for the Premises, providing \nsame does not interfere with Tenant's use of said Premises.\n                      (e)      To constantly have pass keys to the Premises.\n                      (f)      On reasonable prior notice to the Tenant, to \nexhibit the Premises to prospective tenants during the last six (6) months of \nthe term, and to any prospective purchaser, mortgagee, or assignee of any \nmortgage on the Property and to others having a legitimate interest at any\ntime during the term.\n                      (g)      At any time, in the event of any emergency and \notherwise at reasonable times, to take any and all measures, including \ninspections, repairs, alterations, additions, and improvements to the Premises \nor to the Building as may be necessary or desirable for the safety, protection \nor preservation of the Premises or the Building or the Landlord's interests, \nor as may be necessary or desirable in the operation or improvement of the \nBuilding or in order to comply with all laws, orders, and requirements of \ngovernmental or other authority.\n                      (h)      To install vending machines of all kinds in the \nPremises and to provide mobile vending service therefor, and to receive all of \nthe revenue derived therefrom; provided, however, that no vending machines \nshall be installed by Landlord in the Premises nor shall any mobile vending \nservice be provided therefor unless Tenant so requests.\n              5.      ESTOPPEL CERTIFICATE BY TENANT\n                      The Tenant agrees that from time to time, upon not less \nthan ten (10) days prior request by the Landlord, the Tenant will deliver to \nthe Landlord a statement in writing certifying (a) that this Lease is \nunmodified and in full force and effect (or if there have been modifications\nthat the same is in full force and effect as modified and identifying the\nmodifications), (b) the dates to which the Rent and other charges have been\npaid, and (c) that, so far as the person making the certificate knows, the\nLandlord is not in default under any\n\n                                      5\n\n\nprovision of this Lease and, if the Landlord is in default, specifying each\nsuch default of which the person making the certificate may have knowledge, it\nbeing understood that any such statement so delivered may be relied upon by any\nlandlord under any ground or underlying lease, or any prospective purchaser,\nmortgagee, or any assignee of any mortgage on the Property.\n            6.   WAIVER OF CERTAIN CLAIMS\n                 The Tenant, to the extent permitted by law, waives all claims\nit may have against the Landlord and against the Landlord's agents and\nemployees for damage to person or property sustained by the Tenant or by any\noccupant of the Premises, or by any other person, resulting from any part of\nthe Property or any equipment or appurtenances becoming out of repair, or\nresulting from any accident in or about the Property or resulting directly or\nindirectly from any act or neglect of any tenant or occupant of any part of the\nProperty or of any other person, unless such damage is a result of the\nnegligence or contributory negligence of Landlord, or Landlord's agents or\nemployees.  If any damage results from any act or neglect of the Tenant, the\nLandlord may, at the Landlord's option, repair such damage and the Tenant shall\nthereupon pay to the Landlord the total cost of such repair.  All personal\nproperty belonging to the Tenant or any occupant of the Premises that is in or\non any part of the Property shall be there at the risk of the Tenant or of such\nother person only and the Landlord, its agents, and employees shall not be\nliable for any damage thereto or for the theft or misappropriation thereof\nunless such damage, theft, or misappropriation is a result of the negligence or\ncontributory negligence of Landlord or Landlord's agents or employees.  The\nTenant agrees to hold the Landlord harmless and indemnified against claims and\nliability for injuries to all persons and for damage to or loss of property\noccurring in or about the Property due to any act of negligence or default\nunder this Lease by the Tenant, its contractors, agents, or employees.\n                 To the extent that the Tenant carries hazard insurance on any\nof its property in the Premises and to the extent that the Landlord carries\nhazard insurance on the Property, each policy of insurance shall contain, if\nobtainable from the insurer selected by the Tenant or the Landlord, as the case\nmay be, without additional expense, a provision waiving subrogation against the\nother party to this Lease.  If such provision can be obtained only at\nadditional expense, the obligation to obtain such provision shall continue if\nthe other party on notice shall pay the amount of such additional expense.\nEach of the parties hereto releases the other with respect to any liability\nwhich the other may have for any damage by fire or other casualty with respect\nto which the party against whom such release is claimed shall be insured under\na policy or policies of insurance containing such provision waiving\nsubrogation.\n            7.   LIABILITY INSURANCE\n                 Tenant shall, at its expense, maintain during the term\ncomprehensive public liability insurance, contractual liability insurance, and\nproperty damage insurance under policies issued by insurers of recognized\nresponsibility with limits of not less than $500,000 for personal injury,\nbodily injury, death, or for damage or injury to or destruction of property \n(including the loss of use thereof) for any one person and in an amount of not\nless than\n\n                                      6\n\n\n\n$1,000,000 with respect to any one occurrence.  Tenant's policies shall name\nLandlord, its agents, servants, and employees as additional insureds.  At the\noption of the Landlord, the copies of all policies of insurance shall be held\nby Landlord.\n\n              8.      HOLDING OVER\n                      If the Tenant retains possession of the Premises or any \npart thereof after the termination of the term, the Tenant shall pay the \nLandlord rent at double the monthly rate specified in Section 1 for the time \nthe Tenant thus remains in possession and, in addition thereto, shall pay the \nLandlord for all damages, consequential as well as direct, sustained by reason \nof the Tenant's retention of possession.  If the Tenant remains in possession \nof the Premises, or any part thereof, after the termination of the term, such \nholding over shall, at the election of the Landlord expressed in a written \nnotice to the Tenant and not otherwise, constitute a renewal of this Lease for \none year under the same terms and conditions as this Lease.  The provisions of \nthis Section do not exclude the Landlord's rights of re-entry or any other \nright hereunder.\n\n              9.      ASSIGNMENT AND SUBLETTING\n                      (a)  The Tenant shall not, without the Landlord's prior \nwritten consent, (i) assign, convey, mortgage, pledge, encumber or otherwise \ntransfer (whether voluntarily or otherwise) this Lease or any interest under \nit; (ii) allow any transfer thereof or any line upon the Tenant's interest by \noperation of law; (iii) sublet the Premises or any part thereof; or (iv) \npermit the use or occupancy of the Premises or any part thereof by any one \nother than the Tenant.\n\n                                      7\n\n                 (c)  Any sale or transfer after the date hereof, whether to\none or more persons or entities and whether at one or more different times, of\na total of more than fifty percent (50%) of the shares of capital stock of any\ncorporation, or more than fifty percent (50%) of the interest in any\npartnership, which is then the legal Tenant under this Lease shall be deemed an\nassignment of this Lease within the meaning of this Section.\n                 (d)  Tenant agrees to pay to Landlord, on demand, reasonable\ncosts incurred by Landlord in connection with any request by Tenant for\nLandlord to consent to any assignment or subletting by Tenant.\n                 (e)  If, with the consent of the Landlord, this Lease be\nassigned or if the Premises or any part thereof be sublet or occupied by\nanybody other than Tenant, Landlord may, after default by Tenant, collect rent\nfrom the assignee, subtenant or occupant, and apply the net amount collected \nto the Rent and Additional Rent herein reserved; but no such assignment, \nsubletting, occupancy, or collection shall be deemed a waiver of any of \nTenant's covenants contained in this Lease or the acceptance of the assignee, \nsubtenant, or occupant as tenant, or a release of Tenant from further \nperformance by Tenant of covenants on the part of Tenant herein contained.\n            10.  CONDITION OF PREMISES\n                 Tenant's taking possession of the Premises shall be conclusive\nevidence as against the Tenant that the Premises were in good order and\nsatisfactory condition when the Tenant took possession, except as to latent\ndefects.  No promise of the Landlord to alter, remodel, repair or improve the\nPremises or the Building and no representation respecting the condition of the\nPremises or the Building have been made by Landlord to Tenant, other than as\nmay be contained herein or in a separate Work Letter Agreement signed by\nLandlord and Tenant and attached hereto as Exhibit 'B'.  At the termination of\nthis Lease, the Tenant shall return the Premises broom-clean and in as good\ncondition as when the Tenant took possession, ordinary wear and loss by fire or\nother casualty excepted, failing which the Landlord may restore the Premises to\nsuch condition and the Tenant shall pay the cost hereof on demand.\n            11.  USE OF PREMISES\n                 The Tenant agrees to comply with the following rules and\nregulations and with such reasonable modifications thereof and additions\nthereto as the Landlord may hereafter from time to time make for the Building.\nThe \n\n                                      8\n\n\n\nLandlord shall not be responsible for the non-observance by any other tenant of\nany of said rules and regulations: \n                     (a)    The Tenant shall not exhibit, sell or offer for \nsale on the Premises or in the Building any article or thing except those \narticles and things essentially connected with the stated use of the Premises\nby the Tenant without the advance consent of the Landlord.\n                     (b)    The Tenant will not make or permit to be made\nany use of the Premises or any part thereof which would violate any of the\nconvenants, agreements, terms, provisions, and conditions of this Lease or\nwhich directly or indirectly is forbidden by public law, ordinance, or \ngovernmental regulation, or which may be dangerous to life, limb, or property,\nor which may invalidate or increase the premium cost of any policy of insurance\ncarried on the Building or covering its operation, or which will suffer or\npermit the Premises or any part thereof to be used in any manner, or anything\nto be brought into or kept therein which, in the judgment of Landlord, shall in\nany way impair or tend to impair the character, reputation, or appearance of\nthe Property as a high quality office building, or which will impair or\ninterfere with, or tend to impair or interfere with, any of the services\nperformed by Landlord for the Property.\n                     (c)    The Tenant shall not display, inscribe, print, \npaint, maintain or affix on any place in or about the Building any sign, \nnotice, legend, direction, figure or advertisement, except on the doors of the\nPremises and on the Directory Board, and then only such name(s) and matter, and\nin such color, size, style, place and materials, as shall first have been\napproved by the Landlord.  The listing of any name other than that of Tenant,\nwhether on the doors of the Premises, on the Building directory, or otherwise,\nshall not operate to vest any right or interest in this Lease or in the\nPremises or be deemed to be the written consent of Landlord mentioned in\nSection 9; it being expressly understood that any such listing is a privilege\nextended by Landlord revocable at will by written notice to Tenant.\n                     (d)    The Tenant shall not advertise the business,\nprofession, or activities of the Tenant conducted in the Building in any manner\nwhich violates the letter or spirit of any code of ethics adopted by any\nrecognized association or organization pertaining to such business, profession,\nor activities, and shall not use the name of the Building for any purposes\nother than that of the business address of the Tenant, and shall never use any\npicture of likeness of the Building in any circulars, notices, advertisements,\nor correspondence without the Landlord's consent.\n                     (e)    No additional locks or similar devices shall\nbe attached to any door or window without Landlord's prior written consent.  No\nkeys for any door other than those provided by the Landlord shall be made.  If\nmore than two (2) keys for one lock are desired, the Landlord will provide the\nsame upon payment by the Tenant.  All keys must be returned to the Landlord at\nthe expiration or termination of this Lease.\n                     (f)    The Tenant shall not make any alterations,\nimprovement, or additions to the Premises, including but not limited to, wall\ncoverings, floor coverings, and special lighting installations, without the\nLandlord's advance written consent in each and every instance.  In the event\nTenant desires to make\n\n                                      9\n\n\nany alternations, improvement, or additions, Tenant shall first submit to\nLandlord plans and specifications therefor and obtain Landlord's written\napproval thereof prior to commencing any such work.  All alternations,\nimprovements or additions, whether temporary or permanent in character, made by\nLandlord or Tenant in or upon the Premises shall become Landlord's property and\nshall remain upon the Premises at the termination of this Lease with\ncompensation to Tenant (excepting only Tenant's movable office furniture, trade\nfixtures, office and professional equipment).\n                 (g)  All persons entering or leaving the Building after hours\non Monday through Friday, or at any time on Saturdays, Sundays, or Holidays,\nmay be required to do so under such regulations as the Landlord may impose.\nThe Landlord may exclude or expel any peddler.\n                 (h)  The Tenant shall not overload any floor.  The landlord\nmay direct the time and manner of delivery, routing and removal, and the\nlocation of safes and other heavy articles.\n                 (i)  Unless the Landlord gives advance written consent, the\nTenant shall not install or operate any steam or internal combustion engine,\nboiler, machinery, refrigerating or heating device or air-conditioning\napparatus in or about the Premises, or carry on any mechanical business\ntherein, or use the Premises for housing accommodations or lodging or sleeping\npurposes, or do any  cooking therein, or use any illumination other than\nelectric light, or use or permit to be brought into the Building and\ninflammable fluids, such as gasoline, kerosene, naphtha, and benzine, or any\nexplosives, radioactive materials or other articles deemed extra hazardous to\nlife, limb, or property, except in a manner which would not violate any\nordinance or regulation of the City.  The Tenant shall not use the Premises for\nany illegal or immoral purpose. *\n                 (j) The Tenant shall cooperate fully with the Landlord to\nassure the effective operation of the Building's air-conditioning system,\nincluding the closing of venetian blinds and drapes and, if windows are\noperable, to keep them closed when the air-conditioning system is in use.\n                 (l)  The sidewalks, halls, passages, exits, entrances,\nelevators, and stairways, shall not be obstructed by the Tenant or used for any\npurpose other than for ingress to  egress from its Premises.  The halls,\npassages, exits, entrances, elevators, stairways, and roof are not for the use\nof the general public and the Landlord shall in all cases retain the right to\ncontrol and prevent access thereto by all persons whose presence, in the\njudgement of the Landlord, shall be prejudicial to the safety, character,\nreputation, and interests of the Building and its tenants, provided that\nnothing herein contained shall be construed to prevent such access to persons\nwith whom the Tenant normally deals in the ordinary course of Tenant's business\nunless such persons\n\n   * However, Tenant may be able to operate a coffee machine,\n     refrigerator and microwave\n\n\n\n                                      10\n\nare engaged in illegal activities.  No Tenant and no employees or invitees of\nany Tenant shall go upon the roof or mechanical floors of the Building.\n                 (m)  Tenants shall not use, keep, or permit to be used or kept\nany foul or noxious gas or substance in the Premises, or permit or suffer the\nPremises to be occupied or used in a manner offensive or objectionable to the\nLandlord or other occupants of the Building by reason of noise, odors and\/or\nvibrations, or interfere in any way with other tenants or those having business\ntherein, nor shall any animals or birds be brought in or kept in or about the\nPremises or the Building.\n                 (n) Tenant shall see that the doors and windows, if operable,\nof the Premises are closed and securely locked before leaving the Building and\nmust observe strict care and caution that all water faucets or water apparatus\nare entirely shut off before Tenant or Tenant's employees leave the Building,\nand that all electricity shall likewise be carefully shut off so as to prevent\nwaste or damage, and for any default or carelessness, Tenant shall make good\nall injuries or losses sustained by other tenants or occupants of the Building\nof Landlord.\n                 In addition to all other liabilities for breach of any\ncovenant of this Section, the Tenant shall pay to the Landlord an amount equal\nto any increase in insurance premiums payable by the Landlord or any other \ntenant in the Building caused by such breach.\n        12.      REPAIRS\n                 Tenant shall give to Landlord prompt written notice of any\ndamage to or defective condition in any part or appurtenance of the Building's\nplumbing, electrical, heating, air-conditioning, or other systems serving,\nlocated in, or passing through the Premises.  Subject to the provisions of\nSection 13, the Tenant shall, at the Tenant's own expense, keep the Premises in\ngood order, condition, and repair during the term, except that the Landlord, at\nthe Landlord's expense (unless caused by the fault or negligence of the Tenant,\nits contractors, agents, or employees) shall keep in repair the elevators,\nelectrical lines, plumbing fixtures located in the Building (except those\ninstalled by Tenant with Landlord's approval) heating and air-conditioning\nequipment, outside walls, including windows, and roof.  The Tenant, at the\nTenant's expense, shall comply with all laws and ordinances and all rules and\nregulations of all governmental authorities and of all insurance bodies at any\ntime in force, applicable to the Premises or to the Tenant's use thereof,\nexcept that the Tenant shall not hereby be under any obligation to comply with\nany law, ordinance, rule, or regulation requiring any structural alteration of\nor in connection with the Premises, unless such alteration is required by\nreason of a condition which has been created by, or at the instance of, the\nTenant, or is required by reason of a breach of any of the Tenant's covenants\nand agreements hereunder.  Landlord shall not be required to repair any injury\nor damage by fire or other cause, or to make any repairs orreplacements of any\npanels, decoration, office fixtures, railing, ceiling, floor covering, \npartitions, or any other property installed in the Premise by the Tenant, \nexcept as such fire or other cause results from the negligence or contributory\nnegligence or willful acts of Landlord, Landlord's agents or employees.\n\n\n                                      11\n\n        13.     UNTENABILITY\n                If the Premises are made untenable in whole or in part by fire\nor other casualty, the Rent, until repairs shall be made or the Lease\nterminated as hereinafter provided, shall be apportioned on a per diem basis\naccording to the part of the Premises which is usable by the Tenant; if, but\nonly if, such fire or other casualty be not caused by the fault or negligence\nof the Tenant, its contractors, agents, or employees.  If such damage shall be\nso extensive that the Premises cannot be restored to Building Standard by the\nLandlord within a period of four (4) months, either party shall have the right\nto cancel this Lease by notice to the other given at any time within thirty \n(30) days after the date of such damage; except that, if such fire or casualty\nresulted from the Tenant's fault or negligence, the Tenant shall have no right\nto cancel.  If a portion of the Building other than the Premises shall be so\ndamaged that, in the opinion of the Landlord, the Building should be restored\nin such a way as to alter the Premises materially, the Landlord may cancel this\nLease by notice to the Tenant given at any time within thirty (30) days after\nthe date of such damage.  In the event of giving effective notice pursuant to\nthis Section, this Lease and the term and the estate hereby granted shall\nexpire on the date fifteen (15) days after the giving of such notice as fully\nand completely as if such date were the date hereinbefore set for the\nexpiration of the term of this Lease.  If this Lease is not so terminated, the\nLandlord will promptly repair the damage at the Landlord's expense.\n        14.     EMINENT DOMAIN\n                (a) In the event that title to the whole or any part of the\nProperty shall be lawfully condemned or taken in any manner for any public or\nquasi-public use, and if such condemnation materially effects business, this\nLease and the term and estate hereby granted shall forthwith cease and\nterminate as of the date of vesting of title and the Landlord shall be entitled\nto receive the entire award, the Tenant hereby assigning to the Landlord the\nTenant's interest therein, if any.\n                (b) In the event that title to a part of the Building other\nthan the Premises shall be so condemned or taken and, if in the opinion of the\nLandlord, the Building should be restored in such a way as to alter the\nPremises materially, the Landlord may terminate this Lease and the term and\nestate hereby granted by notifying the Tenant of such termination within sixty\n(60) days following the date of vesting of title, and this Lease and the term\nand estate hereby granted shall expire on the date specified in the notice of\ntermination, not less than sixty (60) days after the giving of such notice, as\nfully and completely as if such date were the date thereinbefore set for the\nexpiration of the term of this Lease, and the Rent hereunder shall be\napportioned as of such date.\n        15.     LANDLORD'S REMEDIES\n                All rights and remedies of the Landlord herein enumerated\nshall be cumulative, and none shall exclude any other right or remedy allowed\nby law.  In addition to the other remedies in this Lease provided, the Landlord\nshall be entitled to the restraint by injunction of the violation or attempted\nviolation of the covenants, agreements, or conditions of this Lease.\n\n\n                                      12\n\n\n\n                   (a)      If the Tenant shall (i) apply for consent to the \nappointment of a receiver, trustee, or liquidator of the Tenant or of all or a \nsubstantial part of its assets, (ii) admit in writing its inability to pay its \ndebts as they come due, (iii) make a general assignment for the benefit of \ncreditors, (iv) file a petition or an answer seeking reorganization or \narrangement with creditors or to take advantage of any insolvency law other \nthan the federal Bankruptcy Code, (v) file an answer admitting the material \nallegations of a petition filed against the Tenant in any reorganization or \ninsolvency proceeding, other than a proceeding commenced pursuant to the \nfederal Bankruptcy Code, or if any order, judgment, or decree shall be entered \nby any court of competent jurisdiction, except for a bankruptcy court or a \nfederal court sitting as a bankruptcy court, adjudicating the Tenant insolvent \nor approving a petition seeking reorganization of the Tenant or appointing a \nreceiver, trustee, or liquidator of the Tenant or of all or a substantial part \nof its assets, then, in any of such events, the Landlord may give to the \nTenant a notice of intention to end the term of this Lease specifying a day \nnot earlier than ten (10) days thereafter and, upon the giving of such notice, \nthe term of this Lease and all right, title, and interest of the Tenant \nhereunder shall expire as fully and completely on the day so specified as if \nthat day were the date herein specifically fixed for the expiration of the \nterm.\n                   (b)      If the Tenant defaults in the payment of Rent and \nsuch default continues for ten (10) days after notice, or defaults in the \nprompt and full performance of any other provision of this Lease, and such \ndefault continues for twenty (20) days after notice, or if the leasehold \ninterest of the Tenant be levied upon under execution or be attached by \nprocess of law, or if the Tenant abandons the Premises, then and in any such \nevent, the Landlord may, at its election, either terminate the Lease and the\nTenant's right to possession of the Premises, or without terminating this\nLease, endeavor to relet the Premises.  Nothing herein shall be construed so as\nto relieve the Tenant of any obligation, including the payment of Rent, as\nprovided in this Lease.\n                   (c)      Upon any termination of this Lease, the Tenant \nshall surrender possession and vacate the Premises immediately and deliver \npossession thereof to the Landlord, and hereby grants to the Landlord full and \nfree license to enter into and upon the Premises, in such event with or \nwithout process of law and to repossess the Landlord of the Premises as of\nthe Landlord's former estate and to expel or remove the Tenant and any others\nwho may be occupying or within the Premises and to remove any and all property\ntherefrom, using such force as may be necessary, without being deemed in any\nmanner guilty of trespass, eviction or forcible entry or detainer, and without\nrelinquishing the Landlord's right to Rent or any other right given to the\nLandlord hereunder or by operation of law.\n                   (d)      If the Tenant abandons the Premises or the \nLandlord otherwise becomes entitled so to elect, and the Landlord elects, \nwithout terminating the Lease, to endeavor to relet the Premises, the Landlord \nmay, at the Landlord's option, enter into the Premises, remove the Tenant's \nsigns and other evidence of tenancy, and take and hold possession thereof as in\nParagraph (c) of this Section provided, without such entry and possession \nterminating the\n\n\n                                      13\n\n\nlease or releasing the Tenant, in whole or in part, from the Tenant's\nobligation to pay the Rent hereunder for the full term as hereinafter provided.\nUpon and after entry into possession without termination of the Lease, the\nLandlord may relet the Premises or any part thereof for the account of the\nTenant to any person, firm, or corporation other than the Tenant for such rent,\nfor such time and upon such terms as the Landlord shall determine to be\nreasonable.  In any such case, the Landlord may make repairs, alterations, and\nadditions in or to the Premises, and redecorate the same to the extent deemed\nby the Landlord necessary or desirable, and the Tenant shall, upon demand, pay\nthe cost thereof, together with the Landlord's expenses of the reletting,\nincluding without limitation, any applicable leasing commissions.  If the\nconsideration collected by the Landlord upon any such reletting for the\nTenant's account is not sufficient to pay monthly the full amount of the rent\nreserved in this Lease, together with the cost of repairs, alterations,\nadditions, redecorating, and the Landlord's expenses, the Tenant shall pay to\nthe Landlord the amount of each monthly deficiency upon demand.\n                 (e)  If the Landlord elects to terminate this Lease in any of\nthe contingencies specified in this Section, it being understood that the\nLandlord may elect to terminate the lease after the notwithstanding its prior\nelection to terminate the Tenant's right to possession as in Paragraph (b) of\nthis Section, provided the Landlord shall forthwith upon such termination be\nentitled to recover as damages, and not as penalty, an amount equal to the then\npresent value of the Rent and Additional Rent provided in this Lease for the\nresidue of the stated term hereof, less the present value of the fair rental\nvalue of the Premises for the residue of the stated term.\n                 (f)  Any and all property which may be removed from the\nPremises by the Landlord pursuant to the authority of the Lease or of law to\nwhich the Tenant is or may be entitled may be handled, removed, or stored by\nthe Landlord at the risk, cost, and expense of the Tenant and the Landlord\nshall in no event be responsible for the value, preservation, or safekeeping\nthereof.   The Tenant shall pay to the Landlord upon demand any and all\nexpenses incurred in such removal and all storage charges against such property\nso long as the same shall be in the Landlord's possession or under the\nLandlord's control.  Any such property of the Tenant not removed from the\nPremises or retaken from storage by the Tenant within thirty (30) days after\nthe end of the term or of the Tenant's right to possession of the Premises,\nhowever terminated, shall be conclusively deemed to have been forever abandoned\nby the Tenant and either may be retained by Landlord as its property or may be\ndisposed of in such manner as Landlord may see fit.\n                 (g)  The Tenant agrees that, if it shall at any time fail to\nmake any payment or perform any other act on its part to be made or performed\nunder this Lease, the Landlord may, but shall not be obligated to, and after\nreasonable notice or demand and without waiving or releasing the Tenant from\nany obligation under this lease, make such payment or perform such other act to\nthe extent the Landlord may deem desirable and in connection therewith to pay\nexpenses and employ counsel.\n\n\n                                      14\n\nAll sums so paid by the Landlord and all expenses in connection therewith,\ntogether with interest thereon at the Prime Rate form the date of payment,\nshall be deemed additional rent hereunder and payable at the time of any\ninstallment of Rent thereafter becoming due and the Landlord shall have the\nsame rights and remedies for the nonpayment thereof, or of any other additional\nrent, as in the case of default in the payment of Rent.\n            16.  SUBORDINATION OF LEASE\n                 The rights of the Tenant under this Lease shall be and are\nsubject to subordinate at all times to all ground leases, and\/or underlying\nleases, if any, now or hereafter in force against the Property, and to the lien\nof any mortgage or mortgages now or hereafter in force against  such lease and\/\nor the Property, and to all advances made or hereafter to be made upon the \nsecurity thereof, and to all renewals, modifications, consolidations, \nreplacements, and extensions thereof.  This Section is self-operative and no \nfurther instrument of subordination shall be required.  In confirmation of \nsuch subordination, Tenant shall promptly execute such further instruments as \nmay be reasonably requested by the Landlord.  Tenant, at the option of any\nmortgagee, agree to attorn to such mortgage in the event of a foreclosure sale \nor deed in lieu thereof.\n            17.  COMMENCEMENT OF POSSESSION\n                 If the Landlord shall be unable to give possession of the\nPremises on the date of the commencement of the term hereof because the\nPremises shall not be ready for occupancy, the Landlord shall not be subject to\nany liability for the failure to give possession on said date.  Under such\ncircumstances, unless the delay is the fault of the Tenant, the Rent shall not\ncommence until the Premises are available for occupancy by the Tenant, and no\nsuch failure to give possession on the date of commencement of the term shall\nin any wise affect the validity of this lease or the obligation of the Tenant\nhereunder, nor shall same be construed in any wise to extend the term of this\nLease.  If, at the Tenant's request, the Landlord shall make the Premises\navailable to the Tenant prior to the date of commencement of the term for the\npurpose of decorating, furnishing, and equipping the Premises, the use of the\nPremises for such work shall not create a landlord-tenant relationship between\nthe parties nor constitute occupancy of the Premises within the meaning of the\nnext sentence, but the provisions of Section 6 of this Lease shall apply.  If,\nwith the consent of the Landlord, the Tenant shall enter into occupancy of the\nPremises to do business therein prior to the date of commencement of the term,\nprovisions of this Lease shall apply and the Rent shall accrue and be payable\nat the first rate specified in Paragraph (a) of Section 1 from the date of\noccupancy.\n            18.  NOTICES AND CONSENT\n                 All notices, demands, requests, consents, or approvals which\nmay or are required to be given by either party to the other shall be in\nwriting and shall be deemed given when sent by United States Certified or\nRegistered\n\n\n                                      15\n\nMail, postage prepaid, (a) if for the Tenant, addressed to the Tenant at the\nBuilding or at such other place as the Tenant may from time to time designate\nby written notice to the Landlord, or (b) if for the Landlord, addressed to the\noffice of the Landlord given in the aforesaid manner at the address first\nstated above for Landlord with a copy to Landlord addressed to 2118 First\nAvenue North, Birmingham, Alabama 35203, or at such other place as the Landlord\nmay form time to time designate by written notice to the Tenant given in the\naforesaid manner.  All consents and approvals provided for herein must be in\nwriting to be valid.  If the term Tenant, as used in this Lease, refers to more\nthan one person, any notice, consent, approval, request , bill, demand, or\nstatement given as aforesaid to any one of such persons shall be deemed to have\nbeen duly given to Tenant.*\n            19.  SPRINKLERS\n                 If there now is or shall be installed in the Building a\n'sprinkler system', and such system or any of its appliances shall be damaged\nor injured or not in proper working order by reason of any act or omission of\nthe Tenant, Tenant's agents, servants, employees, licensees or visitors, the\nTenant shall forthwith restore the same to good working conditions at its own\nexpense; and, if the Board of Fire Underwriters of Fire Insurance Exchange or\nany bureau, department, or official of the state or city government require or\nrecommend that any changes, modifications, alterations, or additional sprinkler\nheads or other equipment be made or supplied by reason of the Tenant's\nbusiness, or the location of partitions, trade fixtures, or other contents of\nthe Premises, or for any other reason, or if any such changes, modifications,\nalterations, additional sprinkler heads or other equipment become necessary to\nprevent the imposition of a penalty or charge against the full allowance for a\nsprinkler system in the fire insurance rate as fixed by said Exchange, or by\nany fire insurance company, Tenant shall, at the Tenant's expense, promptly\nmake and supply such changes, modifications, alterations, additional sprinkler\nhead or other equipment.\n            20.  INVALIDITY OF PARTICULAR PROVISIONS\n                 If any clause or provision of this Lease is or becomes\nillegal, invalid, or unenforceable because of present of future laws, or any\nrule or regulation of any governmental body or entity, effective during its\nterms, the intention of the parties hereto is that the remaining parts of this\nLease shall not be affected thereby unless such invalidity is, in the\nreasonable determination of Landlord, essential to the rights of both parties,\nin which event Landlord has the right to terminate this Lease on written notice\nto Tenant.\n            21.  WAIVER OF BENEFITS\n                 Tenant waives the benefits of all existing and future Rent\nControl Legislation and Statutes and similar governmental rules and regulation,\nwhether in time of war or not, to the extent permitted by law.\n\n         *  consent, approval or determination made by Landlord shall\n            not be unreasonably withheld.\n\n                                      16\n\n            22.  WAIVER OF TRIAL BY JURY\n                 It is mutually agreed by and between Landlord and Tenant that\nthe respective parties hereby shall, and they hereby do waive trial by jury in\nany action, proceeding, of counterclaim brought by either of the parties hereto\nagainst the other on any matters whatsoever arising out of or in any way\nconnected with this Lease, the relationship of Landlord and Tenant, Tenant's\nuse or occupancy of the Premises, and any emergency statutory or any other\nstatutory remedy.\n            23.  MISCELLANEOUS TAXES\n                 Tenant shall pay prior to delinquency all taxes assessed\nagainst or levied upon its occupancy of the Premises, or upon the fixtures, \nfurnishings, equipment, and all other personal property of Tenant located in \nthe Premises, if nonpayment thereof shall rise to a lien on the real estate, \nand when possible, Tenant shall cause said fixtures, furnishings, equipment, \nand other personal property to be assessed and billed separately from the \nproperty of Landlord.  In the event any or all of Tenant's fixtures, \nfurnishings, equipment, and other personal property, or Tenant's occupancy of\nthe Premises, shall be assessed and taxed with the property of Landlord, Tenant\nshall pay to Landlord its share of such taxes within ten (10) days after\ndelivery to Tenant by Landlord of statement in writing setting forth the amount\nof such taxes applicable to Tenant's fixtures, furnishings, equipment, or\npersonal property.\n\n\n\n                                      17\n\n\n                  26.   BROKERAGE\n                        (a)     Tenant represents and warrants that it has \ndealt with no broker, agent, or other person in connection with this \ntransaction and that no broker, agent, or other person brought about this\ntransaction, other than          na       and Tenant agrees to indemnify and \nhold Landlord harmless from and against any claims by any other broker, agent, \nor other person claiming a commission or other form of compensation by virtue \nof having dealt with Tenant with regard to this leasing transaction.  The \nprovisions of this Section shall survive the termination of this Lease.\n\n                  27.   SPECIAL STIPULATIONS\n                        (a)     No receipt of money by the Landlord from the \nTenant or Tenant or Landlord after the termination of this Lease, or after the \nservice of any notice, or after the commencement of any suit, or after final \njudgment for possession of the Premises, shall reinstate, continue, or extend \nthe term of this Lease or affect any such notice, demand, or suit, or imply \nconsent for any action for which Landlord's consent is required.\n                        (b)     No waiver of any default of the Tenant or \nLandlord hereunder shall be implied from any omission by the Landlord or \nTenant to take any action on account of such default, if such default persists \nor be repeated, and no express waiver shall effect any default other than the \ndefault specified in the express waiver and that only for the time and to the \nextent therein stated.\n                        (c)     The term 'Landlord' as used in this Lease, so \nfar as covenants or agreements on the part of the Landlord are concerned, \nshall be limited to mean and include only the owner or owners of the \nLandlord's interest in this Lease at the time in question and, in the event of\nany transfer or transfers of such interest, the Landlord herein named (and in\ncase of any subsequent transfer, the then transferer) shall be automatically\nfreed and relieved from and after the date of such transfer of all personal\nliabilty as respects the performances of any covenants or agreements on the\npart of the Landlord contained in this Lease thereafter to be performed.\n\n\n                                      18\n\n\n\n                (d)     It is understood that the Landlord may occupy portions \nof the Building in the conduct of the Landlord's business.  In such event, all \nreferences herein to other tenants of the Building shall be deemed to include \nthe Landlord as an occupant.\n                (e)     All of the covenants of the Tenant hereunder shall be \ndeemed and construed to be 'conditions' as well as 'covenants' as though the \nwords specifically expressing or imparting covenants and conditions were used \nin each separate instance.\n                (f)     The Tenant agrees that, upon receiving a written \nrequest from the Landlord, the Tenant within ten (10) days deliver a copy of \nthis Lease or, if the Landlord so requests, a Memorandum of this Lease, in \nrecordable form to the Landlord.  Tenant shall not record this Lease or a \nMemorandum thereof without the prior written consent of the Landlord.\n                (g)     Neither party has made any representation or promise, \nexcept as contained herein, or in some further writings signed by the party \nmaking such representation or promise.\n                (h)     In event of variation or discrepancy, the Landlord's \noriginal copy of the Lease shall control.\n                (i)     Each provision hereof shall extend to and shall, as \nthe case may require, bind and inure to the benefit of the Landlord and the \nTenant and their respective heirs, legal representatives and successors, and \nassigns in the event this Lease has been assigned with the express, written \nconsent of the Landlord.\n                (j)     If, because of any act or omission of Tenant, its \nemployees, agents, contractors, or subcontractors, any mechanic's lien or \nother lien, charge or order for the payment of money shall be filed against \nLandlord, Premises are a part, Tenant shall, at its own cost and expense, \ncause the same to be discharged or recorded within thirty (30) days after the \nfiling thereof and Tenant shall indemnify and save harmless Landlord against \nand from all cost, liabilities, suits, penalties, claims, and demands, \nincluding reasonable attorney's fees resulting therefrom.\n                (k)     It is understood and agreed that this Lease shall not \nbe binding until and unless all parties have signed it.\n\n\n                Exhibits 2 and Riders 1, consisting of 3 pages are attached \nhereto and become part of this Lease.\n\n                28.     ADDITIONAL PROVISIONS\n                        Additional provisions are set forth in Rider(s) \nattached to this Lease and made a part hereof.\n\n\n                                      19\n\n\n\n            IN WITNESS WHEREOF, the parties herein have hereunto set their \nhands and seals in quadruplicate the date and year first above written.\n\n\n\n\n\nSigned Sealed and Delivered         TENANT:\nin the Presense of:                 CRESCENT CAPITAL TRUST\n\n\n\/s\/ Joy C. Newman                   By: \/s\/ John W. McRoberts      (Seal)\n- -----------------                       ---------------------------\nWitness                                 (Authorized Signature)\n\n                                    Its: President        \n                                        ---------------------------\n\n                                    By:                            (Seal)\n- -----------------                       ---------------------------      \nWitness                                                         \n                                    \n\n\n\n\nSigned, Sealed, and Delivered       LANDLORD\nin the Presense of:\n                                    BIRMINGHAM REALTY COMPANY\n\n\n\n\/s\/ Joy C. Newman                   By: \/s\/ J. Keith Hazelrig      (Seal)\n- -----------------                       ---------------------------      \nWitness                                     J. Keith Hazelrig, CCIM\n\n                                    Its: Vice President\n\n\n\n\n                                      20\n\n\n\n\n\n\n                                 EXHIBIT 'B'\n\n\n\n\n  Tenant leases space in 'as is' condition as is referenced in Exhibit 'A'.\n\n\n                                                                EXHIBIT A\n\n\n\n\n\n\n\n\n\n\n                              Floorplan Drawing\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n                                 Rider To Lease\n\n                                    Between\n\n                           BIRMINGHAM REALTY COMPANY\n\n                                      And\n\n                          CRESCENT CAPITAL CORPORATION\n\n\n                                  May 25, 1939\n\n                    ========================================\n\n1)      As a condition of this Lease, Tenant will receive the first three (3)\n        months of Rent free of any rental obligation.\n\n2)      Should Tenant enter into a Lease Agreement with Landlord for office\n        space in another facility owned by Landlord during the term of this\n        Lease, this Lease shall become null and void upon Tenant moving into new\n        space.\n\n3)      Should Tenant choose to relocate its offices at the end of the Lease,\n        out of a Birmingham Realty Company owned facility and not into a\n        company owned or affiliated company owned facility, then Tenant will\n        exclusively use Birmingham Realty Company as their representative in\n        procuring its new offices.\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7751],"corporate_contracts_industries":[9438],"corporate_contracts_types":[9581,9579],"class_list":["post-41947","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-healthsouth-corp","corporate_contracts_industries-health__misc","corporate_contracts_types-land__al","corporate_contracts_types-land"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/41947","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=41947"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41947"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41947"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41947"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}