Preview | Commercial Ground Lease |

COMMERCIAL GROUND LEASE

This Commercial Ground Lease (the Lease), is dated for reference purposes only as of July 20, 1999, is made by and between THE FIRST AMERICAN FINANCIAL CORPORATION, a California corporation (Landlord), and MALIBU CENTERS, INC., a Delaware corporation (Tenant), with reference to the recitals set forth below. All obligations hereunder of Tenant are guaranteed by MALIBU ENTERTAINMENT WORLDWIDE, INC., a Georgia corporation (Guarantor).

RECITALS

A. Landlord is the owner of that certain real property (the Premises), which legal description is attached hereto and incorporated herein as Exhibit A, commonly known as: Mountasia of Willowbrook, 17190 Tomball Parkway, Houston, Texas 77064

B. Landlord desires to lease the Premises to Tenant, and Tenant desires to lease the Premises from Landlord pursuant to the provisions of this Lease.

C. This Lease shall not be effective unless and until Tenant shall deliver a guaranty executed by Guarantor in the form attached hereto as Exhibit B.

DEFINITIONS

The following terms, when used in this Lease, shall have the meaning set forth in this Section 1.

1.1 Lease Year

The term Lease Year shall mean the first twelve (12) full calendar months after the Commencement Date (as defined in Section 3) and each subsequent twelve (12) month period thereafter during the term and any Extensions.

1.2 Hazardous Material

The term Hazardous Material means any substance, material, or waste which is toxic, ignitable, reactive, or corrosive and which is or becomes regulated by the local or state governmental authority or the United States Government. The term Hazardous Material includes, without limitation, any material or substance which is (i) defined as a hazardous waste, extremely hazardous waste, restricted hazardous waste, hazardous substance, or hazardous material, by any law, statute, regulation, order, or rule now or hereafter promulgated by any governmental entity, whether local, state, or federal, (ii) oil and petroleum products and their by-products, (iii) asbestos, or asbestos-containing materials, (iv) designated as a hazardous substance pursuant to the Federal Water Pollution Control Act, (v) defined as a hazardous waste pursuant to the Federal Resource Conservation and Recovery Act, or (vi) defined as a hazardous substance pursuant to the Comprehensive Environmental Response, Compensation

and Liability Act or any other law, statute, regulation, order, or rule now or hereafter promulgated by any governmental entity, whether local, state, or federal.

1.3 Environmental Law

The term Environmental Law shall mean any law, statute, regulation, order, or rule now or hereafter promulgated by any governmental entity, whether local, state, or federal, relating to air pollution, water pollution, noise control, and/or transporting, storing, handling, discharge of or disposal of Hazardous Material, including, without limitation, the following: the Clean Air Act; the Resource Conservation and Recovery Act, as amended by the Hazardous Waste and Solid Waste Amendments of 1984; the Comprehensive Environmental Response Compensation and Liability Act, as amended by the Superfund Amendments and Reauthorization Act of 1986; the Toxic Substances Control Act; the Federal Insecticide, Fungicide and- Rodenticide Act, as amended; the Safe Drinking Water Act; OSHA; the Hazardous Liquid Pipeline Safety Act; the Hazardous Materials Transportation Act; and the National Environmental Policy Act, as the same may be amended from time to time.

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