Termination of Lease Agreement between Bridgepoint Property Trust and Concero Group, L.P.

Summary

This agreement, dated July 19, 2002, is between Bridgepoint Property Trust (Landlord) and Concero Group, L.P. (Tenant). It ends the lease for property at 6300 Bridgepoint Parkway, Austin, Texas, effective January 1, 2003, ahead of its original June 30, 2007 expiration. The Tenant agrees to vacate the premises by the termination date and indemnify the Landlord for any losses if they fail to do so. The Tenant also confirms it has not transferred its lease interest and limits any future claims to the Landlord’s interest in the property only.

EX-10.28 5 d56456_ex10-28.txt TERMINATION OF LEASE Exhibit 10.28 TERMINATION OF LEASE Reference is made to a certain lease by and between Hub Properties Trust ("Original Landlord") and Concero Group L.P. ("Tenant") dated July 1, 2000 (the "Lease") pursuant to which Landlord leased to Tenant and Tenant leased from Landlord certain land, and improvements constructed thereon, located at 6300 Bridgepoint Parkway, Austin, Texas (the "Premises"). WHEREAS, Bridgepoint Property Trust, a Maryland real estate investment trust ("Landlord"), succeeded to the interest of Original Landlord under the Lease; and WHEREAS, Landlord and Tenant desire to terminate the term of the Lease prior to its scheduled expiration of June 30, 2007. NOW, THEREFORE, in consideration of the foregoing and for other consideration, the receipt and legal sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows: 1. On January 1, 2003, (the "Termination Date"), the term of the Lease shall terminate as if that date were the date originally set for the term of the Lease to expire. 2. Tenant agrees to indemnify Landlord and hold it harmless from and against any and all loss, cost, damage or expense incurred by Landlord arising out of any failure by Tenant to surrender the Premises on or before the Termination Date in accordance with the terms of the Lease. 3. Tenant represents that it has not subleased or otherwise transferred or assigned any portion of its interest in the Lease or the Premises and that it has received all consents and approvals required for it to enter into this Termination of Lease. 4. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of the Lease (as amended) against any of Landlord's assets other than Landlord's interest in the Property, and Tenant agrees to look solely to such interest for the satisfaction of any liability or claim against Landlord under the Lease (as amended), it being specifically agreed that in no event whatsoever shall Landlord ever be personally liable for any such liability. Tenant further acknowledges that the Declaration of Trust of Hub Properties Trust provides, and Tenant agrees, that no trustee, officer, director, general or limited partner, member, shareholder, beneficiary, employee or agent (including any person or entity from time to time engaged to supervise and/or manage the operation of Landlord) shall be held to any liability, jointly or severally, for any debt, claim, demand, judgment, decree, liability or obligation of any kind (in tort, contract or otherwise) of, against or with respect to Landlord or arising out of any action taken or omitted for or on behalf of Landlord. 1 IN WITNESS WHEREOF, Landlord and Tenant have caused this Termination of Lease to be duly executed, as a sealed instrument, as of this 19th day of July, 2002. LANDLORD: BRIDGEPOINT PROPERTY TRUST By: /s/ Jennifer B. Clark -------------------------------------- Name: Jennifer B. Clark Its: Senior Vice President TENANT: CONCERO GROUP, L.P. By: /s/ Keith D. Thatcher -------------------------------------- Name: Keith D. Thatcher Its: Treasurer of its General Partner 2