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10(ii)(a)(4)
ASSIGNMENT AND ASSUMPTION OF LEASE
THIS ASSIGNMENT AND ASSUMPTION OF LEASE (this "Assignment") is entered
into as of the 1st day of January, 1998, between GREAT HAWAIIAN PROPERTIES
CORPORATION, d/b/a AMERICAN HAWAII CRUISES ("Assignor"), a Delaware corporation
and AMERICAN CLASSIC VOYAGES CO. ("Assignee"), a Delaware corporation having an
office at Xxx Xxxxx Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxx 00000.
1. Lease. The "Lease" shall mean that certain Lease Agreement dated May 30,
1995, as amended by First Amendment dated March 12, 1997, by and between Equity
Office Properties, L.L.C., as agent for beneficial owner, as Landlord, and Great
Hawaiian Properties Corporation, d/b/a American Hawaii Cruises, as Tenant.
2. Assignment. For good and valuable consideration received by Assignor, the
receipt and sufficiency of which are hereby acknowledged, Assignor hereby
assigns to Assignee the entire right, title and interest of Assignor in and to
the Lease to the extent applicable to the period from and after the date hereof.
3. Assumption. Assignee hereby assumes, and agrees to be bound by and to
perform, all of the covenants, agreements and obligations of Assignor under the
Lease as applicable to the period from and after the date hereof.
IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment
the day and year first written above.
ASSIGNOR:
GREAT HAWAIIAN PROPERTIES CORPORATION,
d/b/a American Hawaii Cruises, a Delaware corporation
By: /s/ Jordan X. Xxxxx
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Title: Executive Vice President
ASSIGNEE:
AMERICAN CLASSIC VOYAGES CO., a Delaware corporation
By: /s/ Jordan X. Xxxxx
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Title: Executive Vice President
ACCEPTED:
EQUITY OFFICE PROPERTIES, L.L.C.,
as agent for beneficial owner
By:
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Title:
