1
Exhibit 99.6
Conformed Copy
THIRD AMENDMENT TO SUBLEASE
This Third Amendment to Sublease made as of this 3rd day of August,
1998, by and between TOWNE INVESTMENT CO., an Ohio partnership ("Landlord"), and
CIAO CUCINA CORPORATION f/k/a CIAO LIMITED, INC., an Ohio corporation, successor
in interest to FIRE IN THE KITCHEN, INC., an Ohio corporation, ("Tenant").
WITNESSETH:
WHEREAS, Landlord leased certain premises in The Shops at Harper's
Point shopping center, Symmes Township, Hamilton County, Ohio, to Tenant by a
certain "Sublease" dated November 14, 1990, as amended by a certain "Amendment
to Sublease" dated June 11, 1991, and as further amended by a certain "Second
Amendment to Sublease" dated April 11, 1997, hereinafter collectively referred
to as the "Sublease"; and
WHEREAS, Tenant is currently in default for non-payment of certain rent
under the Sublease; and
WHEREAS, Landlord and Tenant have agreed that Tenant shall provide to
Landlord a certain promissory note in the principal amount of Twenty Thousand
Five Hundred Forty-One Dollars and Forty-Two Cents ($20,541.42) (the "Promissory
Note"); and
WHEREAS, the parties hereto are desirous of making certain
clarifications and/or additions regarding the Sublease through this Amendment;
NOW, THEREFORE, in consideration of the mutual covenants, conditions
and agreements provided herein, the parties hereto agree as follows:
1. Article XVII of the Sublease is hereby amended to add the word "or"
at the end of Section 17.1(g) and to delete the period at the end of said
Section and to add the following new Section 17.1(h):
(h) Tenant fails to make the payments as required in the
Promissory Note.
Except as expressly amended herein, all terms and conditions contained
in the Sublease shall remain in full force and effect.
IN WITNESS WHEREOF, this Third Amendment to Sublease has been duly
executed by Landlord and Tenant as shown hereinabove, on the 3rd day of August,
1998, as to Landlord, and on the 31st day of July, 1998, as to Tenant.
WITNESSES: Landlord:
TOWNE INVESTMENT CO.,
an Ohio partnership
/s/ Joy Heekin BY: /s/ Neil Bortz
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Name: Neil Bortz
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Title: Partner
/s/ Janet E. Ziegler -----------------------
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Tenant:
CIAO CUCINA CORPORATION,
an Ohio corporation
/s/ Scott P. Kadish BY: /s/ Stephen J. Kent
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Name: Stephen J. Kent
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Title: President
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/s/ Tania H. Hugenberg
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STATE OF OHIO )
) SS:
COUNTY OF HAMILTON )
The foregoing instrument was acknowledged before me on this 3rd day of
August, 1998, by Towne Investment Co., and Ohio partnership, by Neil Bortz, its
Partner, acting for and on behalf of the partnership.
/s/ Janet E. Ziegler
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NOTARY PUBLIC
STATE OF OHIO )
) SS:
COUNTY OF HAMILTON )
The foregoing instrument was acknowledged before me on this 31st day of
July, 1998, by Ciao Cucina Corporation, an Ohio corporation, by Stephen Kent,
its President, acting for and on behalf of the corporation.
/s/ Scott P. Kadish
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NOTARY PUBLIC