EXHIBIT (C)(5) IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND THREE WINTHROP PROPERTIES, INC. Plaintiff vs. Case No. 129192-V LERNER CORPORATION Defandant ORDER The above matter having come before the Court on the Motion of the Plaintiff Three Winthrop Properties, Inc. for Summary Judgment as to Count I and it appearing that good cause has been shown, it is by the Court this 14th day of February, 1995, ORDERED that the Motion be and the same is hereby granted, and it is further, ORDERED that the Court declares that Paragraph 14(b) of the Management and Leasing Agreement is unambiguous and means that Three Winthrop Properties, Inc. can terminate the agreement as of January 31, 1995, provided it gave ninety (90) days notice of its intent prior thereto, and it is further, ORDERED that the Notice of such intent given to Lerner Corporation October 17, 1994, was adequate and did satisfy that notice requirement, and it is further, ORDERED that the Court expressly determines that there is no just reason for delay and directs entry of final judgment as to Count I pursuant to Rule 2-602(b). /s/ Michael D. Mason JUDGE, CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND Michael D. Mason COPIES TO: Albert D. Brault, Esq. Brault, Graham, Scott & Brault 101 S. Washington Street Rockville, MD 2850 Stephen M. Sacks, Esq. George E. Covucci, Esq. Peter G. Neiman, Esq. Arnold & Porter 1200 New Hampshire Avenue, N.W. Washington, D.C., 20036 Seth D. Greenstein, Esq. McDermott, Will & Emery 1850 K Street, N.W., Suite 500 Washington, D.C., 20006 John J. Tumilty, Esq. Cooley, Manion, Moore & Jones, P.C. 21 Custom House Street Boston, MA 02110