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201109746 <br /> F�RM OF MEMORANDUM OF LEASE <br /> WHEN RECORDED MAIL TO: <br /> Panera, LLC <br /> Three Charles River Place <br /> 63 Kendrick Street <br /> Needham, MA 02494 <br /> Attn: Development Counsel <br /> SPACE ABOVE THIS LINE FOR RECORDER'S USE <br /> MEMORANDUM OF LEASE <br /> This is a Memorandum of Lease by and between BATIS DEVELOPMENT <br /> COMPANY a Kansas carporation (hereinafter called "Landlord") and PANERA, LLC, a <br /> Delaware limited liability company, (hereinafter called "Tenant"), upon the following <br /> terms: <br /> Date of Lease: �� <br /> Description of Premises: See Exhibit A attached hereto. <br /> Date of Commencement: The Commencement Date shall be the earlier to occur <br /> of the following: (i) the day on which Tenant opens for business to the public in <br /> the Premises, or (ii) one hundred twenty (120) days after the later of (a) the <br /> Premises Delivery Date or (b) the date Tenant obtains approved plans and <br /> Permits. <br /> Term: Ten (10) Years expiring on the last day of the tenth (10'h) lease year. <br /> Renewal Options: Two (2) Five (5)Year renewal options. <br /> Exclusive Use: Subject to any restrictions set forth in Center Declaration and the <br /> Parcel Declaration Tenant has the exclusive right within the Center and the <br /> Parcel for the sale of bagels, baked goods, breads, salads, sandwiches, soups, <br /> blended beverages, coffee and tea. <br /> The purpose of this Memorandum of Lease is to give record notice of the Lease <br /> and of the rights created thereby, all of which are hereby confirmed. <br />