sums so paid or obligations incurred with interest and costs . . . If Tenant's lease term shall have
expired at the time of making of such expenditures or incurring of such obligations, such sums
shall be recoverable by Owner as damages."
The First Amendment to the
lease, entered as of June 25, 2004, did not change the aforementioned paragraphs of the
lease.
Pursuant to paragraph 3 of the Assignment and Assumption of Lease, Tenant [*4]"assume[d]and agree[d] . . . to pay, perform, observe and discharge
all of the covenants, conditions, agreements, terms and obligations . . . to be performed under the
Lease and accruing on or after the Effective Date" of the assignment agreement, which was
December 7, 2006 (Landlord's exhibit G). Paragraph 3 further provided that the assignment
agreement was "subject and subordinate to the Lease" (id.). Paragraph 9, which is at issue
here, provides as follows:
"[Tenant] and [Le Corset] jointly and severally hold Landlord harmless from and
against any claim, judgment, liability, cost and expense arising form [sic] any event connected
with this Lease. The indemnities contained in paragraphs 6 and 7 above shall not limit Landlord's
rights to seek payment and performance of the obligations under the Lease from [Le Corset],
[Tenant] or both" (id.).
The Second Amendment to the Lease was
entered June 8, 2009, and the Third Amendment to the Lease was entered as of May 30, 2012
and in effect until June 30, 2017. The First, Second, and Third Amendments provide that "[t]he
provisions of the Lease shall govern" except in the event that there have been any changes by the
Amendments" (Landlord's exhibit F at ¶ 14; Landlord's exhibit I at ¶ 12; Landlord's
exhibit J at ¶ 13). The second and third amendments define "Lease" in that provision as the