ASSIGNMENT OF LEASE WITH CONSENT OF LANDLORD
6. | Governing Law. This Agreement shall be construed, interpreted and the rights of the Parties determined in accordance with the laws of the State of New York, without regard to the conflict of law principles thereof. |
Miscellaneous Provisions |
7. | This Agreement incorporates and is subject to the Lease, a copy of which has been or will be provided to the Assignee, and which is hereby referred to and incorporated as if it were set out here at length. The Assignee agrees to assume all of the obligations and responsibilities of the Assignor under the Lease. |
8. | This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. |
9. | All rents and other charges accrued under the Lease prior to the Effective Date will be fully paid by the Assignor, and by the Assignee after the Effective Date. The parties agree that this Agreement extends to any security deposit funds held by the Landlord on behalf of the Assignor, and that after the Effective Date, any such deposit shall be held by Landlord on behalf of the Assignee. The Assignee will also be responsible for assuming and performing all other duties and obligations required under the terms and conditions of the Lease after the Effective Date. |
IN WITNESS WHEREOFthis Agreement has been executed for and on behalf of each party by and through its
authorized representative on this26th day of January.
Automated Systems National Network, Inc. | Call Compliance, Inc. | |||
Name: By: | Name: By: | |||
Title:____________ ~ | ~ | Title: |
ASSGMNT Lease Chestnet Auto to CCI 2005-01-26 |
Page 1 of3 |
ASSIGNMENT OF LEASE WITH CONSENT OF LANDLORD
The Landlord in the above Assignment of Lease Agreement executed on the26th day of January, 2005, consents to that
Assignment. The Landlord also agrees to the Assignee assuming the payment of rent and performance of all duties and obligations as provided in the Lease. The Landlord releases Automated Systems National Network, Inc., Assignor, from all duties and obligations under the Lease, including the payment of rent, and accepts Assignee as Lessee in the place of Automated Systems National Network, Inc., Lessee and Assignor. The Landlord acknowledges that, pursuant to the Assignment Agreement, it is now holding Assignor's security deposit on behalf of the Assignee.
Dated:________________
,20
Chestnut Cove Development, LLC By:_____________________ |
Name:________________________ |
Title:_______ |
ASSGMNT Lease Chestnet Auto to CCI 2005-01-26 |
Page 2 of 3 |
CONSENT OF LANDLORD |
-- | ~ | U i)'-tU | ||||||||
thefirstpart,hereinafter referred to as OWNER, and | ||||||||||
'OMATEDSYSTEMS NATIONAL NETWORK, INC., | 81 Hazel | Street, Glen Cove, | ||||||||
. | 11 5142 | party of the second part, hereinafter referred to as TENANT, | ||||||||
Owner hereby leases to Tenant and Tenant hereby hires from Owner # 90 Pratt Oval, m Cove,N.Y.115142 | ||||||||||
uilding known as Pratt Oval | (5) years | |||||||||
~x~k~f | , | o(~t4cw~5ppJc, for the term of FIVE | ||||||||
(or un~til such term shall sooner ct | ||||||||||
day of~LUJ~YR-'~ | in the y | |||||||||
h dayof | -f~~,i | inthey | ||||||||
t~ inclusive, '~r~ñ'~ñYiuaI rental rate of | ||||||||||
SEE PARAGRAPH 66 OF |
'enant agrees to pay in lawful money of the United St2 nd private, at the time of payment. in equal monthly i the office of Owner or such other place as Owner rm ~ant shall pay the first monthly installment(s) In the event that, at the commencement of the term of
~o Owner pursuant to the terms of another lease with s option and without notice to Tenant add the amos |
ler and thesameshall be payable to Owner as additi The parties hereto, for themselves, their heirs,
ors and assigns, hereby covenant as follows: 1.Tenant shallpaythe rent as aboveand ashereinaft' cy:2. Tenant shalluse andoccupythe demisedpremises |
3. Tenant shall make no changes in or to the is:demised premises of any nature without Owner's prior written consent. Subject to the prior written
Owner, and to the provisions of this article. Tenant, at Tenant's may make alterations. installations, additions or improvements non.structural and which do not affect utility services or plumbing icallines,in or to the interior of the demised premises, by using os or mechanics first approved in each instance by Owner. Tenant re maJdn~ any alterations, additions, installations or improvements, rise, obtain all permits, approvals and certificates required by any rual or quasi-governmental bodies and (upon completion) ccrtiliislapproval thereof, andshalldeliverpromptlyduplicatesofallsuch pprovals and certificates to Owner, and Tenant agrees to carry, and Tenant's contractors and sub-contractors to carry, such worker's ition, general liability, personal and property damage insurance as ay require. If any mechanic's lien is filed against the demised or the building of which the same forms a part, for work claimed ien done for, or materials furnished to, Tenant, whether or not done to this article, the same shall be discharged by Tenant within thirty :aitcr, aL'fenant's expense, by pa~irncntor filing a bond as permitted ~ll fixtures and all paneling,partitions, railings and like installations, in the demisedlrcrniscs at any time, either by Tenant or by OwnerL'sbehalf, shall, upon installation. becorncthe property of Owner and iain upon and be surrendered with the demsed premises unless ~y notice to Tenant no later than twenty days prior to the date fixed nination of this lease, elects to relinquish Owner's nght thereto and tern removed by Tenant, in which event the same shall be removed demised premises by Tenant prior to the expiration of the lease, at expense. Nothing in this article shall be construed to give Ownertitle rcventTenant's removal of, trade fixtures, moveable office furniture ment, but upon removal of samefrom the demised premises orupon of other installationsasmay be required by Owner,Tenant shalltly,andatitsexpense, repair and restorethedemisedpremises to Lion existing prior to any such installations, andrepairanydamagemused premises or the buildini dueto such removal. All property for required loberemoved by Tenant at the end of the term remainin mised premisesafter Tenant's removal shallbe deemed abandone at the election of Owner,eitherberetainedasOwner's ~roperty or~rnovedfrom the demised premises by Owner, atTenantsexpense. ancc4. Tenantshall, throughouttheterm ofthislease,take good careofthe demised premises and the fixtures and appurtenancestherein. Tenant shallberesponsible foralldamage orinjuryinthedemised or any otherpartofthe building and thesystemsandequipment whether requiring structural or nonstructural repairs caused by, or from, carelessness, omission, neglect or improper conduct of Tenan t's subtcnants. agents, employees, invitccs or licensees, oriseouc of anywork, labor, service or equipment done for, or suppliedat or any subtenant, or arising out of the installation, use or operation operty or equipment of Tenant or any subtcnant. Tenant shall also
da | Uith~~1d~ii~and | .2~zid&ed nremise.c caused by the | ||
ordcri |
ASSGMNT Lease Chestnet Auto to CCI 2005-01-26 |
Page 3 of 3 |
h davofM..,...t.. inthe shall not do or permit any act or thing to be done in or to the demised premises whicht~contrary to law, or which will invalidate or be in conflict with public liability, fire or other policies of insurance at any time carried by or for thebenefitof Owner with respect to the demised premises or the building of which the demised premises form a part, or which shall or might subject Owticr to any liability or responsibility to anyperson, or for property damage. Tenant shall not keep anything in the demised premises, except as now or hereafter permitted by the Fire Department, Board of Fire Underwriters, Fire Insurance Rating Organization or other authority having jurisdiction, and then only in such manner and such quantity so as not to increase the rate for fire insurance applicable to the building, nor use the demised premises in a manner which will increase the insurance rate for the building or aiiypropcrty located therein over that in effect prior to thecommenccmcntolTenant'soccupancy. Tenant shall pay alt costs, expenses, fines, penalties, or damages, which may be imposed upon Owner by reason of Tenant's failure to comply with the provisions of this article, and if by reason of such failure the fire insurance rate shall, at the beginning of this lease, or at any time thereafter, be higher than it otherwise would be, then, Tenant shall reimburse Owner, as additional rent hercunder, for that portion of all fire insurance premiums thereafter paid by Owner which shall have been charged because of such failure by Tenant. In any action or proceeding wherein Owner and Tenant are parties, a schedule or "make-up" of rate for the building or the demised premises issued by the New York Fire Insurance Exchange, or other body making fire insurance rates applicable to said premises shall be conclusive evidence of the facts therein stated and of the several items andcharges in the fire inaurance rates then applicable to said premises. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which it was designed to carry and which is allowed by law. Owner reserves the right to prescribe the weight and position of all safes, business machines and mechanical equipment. Such installations shall be placed and maintained by Tenant, at Tenant's expense, in settings sufficient, in Owner's judgement, to absorb and prevent vibration, noise and annoyance.
Subordination:7.. This lease is subject and subordinate to all ground or underlying leases and to all mortgages which may now or hereafter affect such leases or the real property of which the demised premises are a part, and to all renewals, modifications, consolidations, replacements andextensions of any such underlying leases and mortgages. This clause shall be self-operative and no further instrument of subordination shall be required by any ground or underlying lessor or by any mortgagee, affecting any lease or the real property of which the demised premises are a part. In confirmation of such suborditiation, Tenant shall from time to time execute promptly any certificate that Owner may request.
Property8. Owner or its agents shall not be liable for any Loss, Damagedamage to property of Tenant or of others Reimbursemententrusted to employees of the building, nor for Indemnity:loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature,
unless causedby1ordue to, thcncgligencc of Owner, its agents,
servants oremployces. Owneroritsagentswill notbeliable for anysuchdamagecauscdby othertenants or persons in, upon or about said building, or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised prcmisc,s are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not timitedto, Owner's own acts, Ownershall not be liable for any damage Tenant may sustain thereby, and Tenant shallnotbe entitled to any compensation thcrefor, nor abatement or diminution of rent, nor shall the same release Tenant From its obligations hereunder, nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims,costsand expenses for which Owner shall not be reimbursed by insurance, includiiig reasonable attorneys' Ices, paid, suffered or incurrcd~as a result of any breath by Tenant, Tenant s agents, contractors, employees, invltccs, or licensees, ofany covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant's agents, contractors, employees. invitcea or licensees. Tenant's liability under this lease extends to the acts and omissions of any subtenant, and any agent, contractor, employee, invitec or licensee of any subtenant. In case any action or proceeding is brought against Owner by rcason of any such claim, Tenant, upon written notice from Owner, will, at tenant's expense, resist or defendsuchaction or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld.
DestructIon.9. (a) If the demised premises or any part thereof Fire and Othershall be damaged by fire or other casualty, Tenant Casualty:shall give immediate notice thereof to Owner, and this lease shall continue in full force and effect except as hereinafter set forth. (b) If the demised premises are partially damaged or rendered partially unusable by fire or other casualty, the damages thereto shall be repaired by, and at the expense of, Owner, and the rent and other items of additional rent, until such repair shall be substantially completed, shall be apportioned from the day following the casualty, according to the part of the demised premises which is usable.(C)If the demised premises are totally damaged or reiidcred wholly unusable by fire or other casualty. then the rent and other items of additional rent, as hereinafter expressly provided, shall be proportionately paid up to the time of the casualty, and thenceforth shall cease until the date when the demised premises shall have been repaired and restored by Owner (or if sooner reoccupied in part by Tenant then rent shall be apportioned as provided in subsection (b) above), subject to Owner's right to elect not to restore the same as hereinafter provided. (d) if the demised premises are rendered wholly unusable or (whether or not the demised premisc,s are damaged in whole or in part) if the building shall be so damaged that Owner shall decide to demolishitor to rebuild it. then, in any of such events, Owner may elect to terminate this lease by written notice
to Tenant, given within ninety (90) days after such fire or casualty, or thirty (30) days after adjustment of the insurance claim for such fire or casualty, whichever is sooner, specifying a date for the expiration of the lease, which date shall notbemore than sixty (60) days after the giving of such notice, and upon the date specified in such notice the term of this lease shall expire as fully and completely as if such date were the date set forth above for the Lcrniination of this lease, and Tenant shall forthwith quit, surrender and vacate the demised premises without prejudice however, to Landlord's rights and remedies against Tenant under the tease provisions in effect prior to such termination, and any rent owing shall be paid up to such date, and any payments of rent made by Tenant which were on account make the repairs and restorations under the conditions of(b) and(c) hefeof, with all reasonable expedition, subject to delays due to adjustment of insurance claims, labor troubles and causes beyond Owner's control. After any such casualty, Tenant shall cooperate with Owner's restoration by removing from the demised premises as promptly as reasonably possible, all of Tenant's salvageable inventory and moveable equipment, furniture, and other property. Tenant's liability for rent shall resume five (5) days after written notice from Owner that the demised premises are substantially ready for Tenant's occupancy. (e) Nothing contained hereinabove shall relieve Tenant from liability that may exist as a result of damage from fire or other casualty. Notwithstanding the foregoing, including Owner's obligation to restore under subparagraph (b) above, each party shall look first to any insurance in its favor before making any claim against the other party for recovery for loss or damage resulting from lire or other casualty, and to the extent that such insurance is in force and collectible, and to the extent permitted by law, Owner and Tenant each hereby releases and waives all right of recovery with respect to subparagraphs (b), (d), and (e) above, agaitist the other or any one claiming through or under each of them by way of subrogation or otherwise. The release and waiver herein referred to shall be deemed to include any loss or damage to the demised premises and/or to anypersonal property,equipment, trade fixtures, goods and merchandise located therein. The foregoing release and waiver shall be in forceonlyif both releasors' insurance policies contain a clause providing that such a release or waiver shall not invalidate the insurance. If, and to the extent, that such waiver can be obtained only by the payment of additional premiums, then theparty benefiting fromthe waiver shall pay such premium within ten days after written demand or shall be deemed to have agreed that the party obtaining insurancecoverageshall be free of any further oblIgation under the provisions hereof with respect to waiver of subrogation. Tenant acknowledges that Owtier will not carry insurance on Tenant's furniture amid/or furnishings or any fixtures or equipment, improvements, or appurtenances removable by Tenant, and agrees that Owner will not be obligated to repair any damage thereto or replace the same. (I) Tenant hereby waives the provisions of Section 227 of the RealPropertyLaw and agrees that the provisions of this article shall govern and control in lieu thereof.
Eminent |
10. lIthe whole or any partofthe denaised
premises
Domain:shall be acquired or condemned by Eminent Domain for any public or quasi public use orpurpo.ce. then, and in that event, the term of this lease shall cease and terminate from the date of title vesting in such proceeding, and Tenant shall have no claim for the value ofany unexpired term of said lease, and assignstoOwner, Tcnant'sentirc interest in any such award. Tenant shall have the righttomake an independent claim to the condemning authority for the value of Tenant's moving expenses andpersonal property, trade fixturesandequipment, providedlenantisentitled pursuant to the termsofthe lease to remove such property, trade fixture and equipmentatthe end of the tern, and provided further such claim doesnotreduce Owner's award. Assignment,11, Tenant, for itself, its heirs, distributees, Mortgage,executors, administrators, legal representatives, Etc.:successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof tobeused by others, without the priorwntten consentofOwner incach instance. Transfer of the majority of the stock of a corporate Tenant or the majority partnership interest of a partnership Tenant shall be deemed an assignment. If this lease be assigned, or if the dcntiscd premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by Tenant, collect rent from the assignee, undcrtcnant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment. underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, undertcnant or occupant as tenant, or a release of Tenantfromthe further perfonuancc by 'l'enaiit ol'coveii:uit.c on the Part of l'enant hereiii contained. The cutisemit by Owner to an assignment or undcrlctting shall not hi any wise be construed to relieve Tenant from obtaining the express consent in writingofOwner to any further assignment or underletting.
Electric |
12. Rates and conditions in respect to
submeterin
Current:or rent inclusion, as the casemaybe, to be addc in RiDER attached hereto. Tenant covenants and agrees thai at all times its use of electric current shall not exceed the capacity of existing feedcrs to the building or the risers or wiring installation, and Tenant may not use any electrical equipment which, in Owner's opinion, reasonably exercised, will overload such installations or interfere with the usc thercofby other tenants oldie building. The change at any time of the character of electric service shall in no wise make Owner liable or responsible to Tenant, for any loss, damages or expenses which Tenant may sustain.
Access to |
13. Owner or Owner's agents shall have the
right
Premises:(but shall not be obligated) to enter the demised
Lh all |
h davofM , t inthe | ||||
premises in any emergency at any time, and, at other | reasonable hours for the purpose of showing the same to | |||
reasonable times, to examine the same and to make such repairs, | prospective purchasers or mortgagecs of the building, and during | |||
replacements and improvements as Owner may deem necessary | the last six months of the term, for the purpose of showing the | |||
and reasonably desirable to the demised premises or to any other | same to prospective tenants. If Tenant is not present to open and | |||
portion of the building or which Owner may electto perform. | permit an entry into the demised premises, Owner or Owner's | |||
Tenant shall permit Owner to use and maintain and replace pipes | agents may enter the same whenever such entry may be necessary | |||
and conduits in and through the demised premises and to erect new | or permissible by master key or forcibly, and provided reasonable | |||
pipes and conduits therein, provided they are concealed within the | care is exerctsed to safeguard Tenant s property, such entry shall | |||
walls, floor, or ceiling. Owner may, during the progress of any | not render Owner or its agents liabte therefor, nor in any event | |||
work in the demised premises. take all necessary materials and | shall the obligations ofTenant hereunder be affected. If dt:rin the | |||
equipment into said premises without the same constituting an | last month of the term Tenant shall have removed all or | |||
eviction, nor shall die Tenant be entitled to any abatement of rent | substantially a of Tenant's property therefrom, | Owner may | ||
while such work is in progress, nor to any damages by reason of | immediately enter, alter. renovate or redecorate | the demised | ||
loss or interruption of businessorotherwise. Throughout the term | premises without limitation or abatement | |||
hereof, Owner shall have the nght to enter the demised premises at |
Lh all
h davofM..,...t.. inthe |
Vault,14, No vaults, vaultspaceor arcs, whether or not
Vault Space,enclosed or covered, not within the propertyline ofArea:the building, is leasedhereunder,anything contained in or indicated onany sketch, blue printorplan,oranything contained elsewherein thisleaseto thecontrarynotwithstanding.
Owner makes no representation as to thelocation ofthe property line of the building.All vaultsand vault space andallsuch areas notwithinthe property line of the building, which Tenantmay be permitted to useand/oroccupy, is tobe used and/or occupied undera revocable license,andif any such license berevoked, or if the amount of such space or areabe diminished or required byany federal, state or municipal authority or public utility, Owner shallnot be subject toanyliability, nor shall Tenant be entitled to any compensation ordiminutionor abatement of rent, nor shall such revocation, diminution or requisition bedeemed constructiveoractualeviction.Anytax,feeorchargeof municipal authorities for such vault orareashall bepaidby Tenant.
Oceupiuicy:15. Tcii:iiit willnotat any time use oroccupydie demised premisesinviolation ofthecertificate of occupancy issued forthebuilding of whichthedemised premises are a part. Tenant has inspected the demised premises and accepts them as is, subject totheriders annexed hereto with respect to Owner's work, if any. In any event, Owner makesnorepresentation as to the condition ofthedemised premises, and Tenant agrees to accept the same subject to violations, whether or not of record.
Bankruptcy:16, (a) Anything elsewhere in this lease tothecontrary notwithstanding, thisleasemay becancelledby Owner bythesending of a written notice toTcnant within a reasonable time alter the happening of any one or more of the following events: (1)thecommencement of a case in bankruptcy or under the laws oianystatenaming Tenant as the debtor; or (2) the making by Tenant of aim assignment oranyotherarrangement forthe benefitof creditors underany state statute.Neither Tenant nor anypersonclaimingthroughor under Tenant, or byreasonof any statute or order ofCourt,shall thcreaflcr be entitled to possession oftimepremises demisedbut shallforthwith quit and surrender the demised premises. Ifthisleaseshall be assignedinaccordancewithitsterms, the provisionso(this Article 16shallbe applicable only to the party then owning Tenant's interest in this lease.
(b)it is stipulated andagreedthatin
the event of the |
terminationofthis lease pursuantto (a)hereof, Owner shall forthwith, notwithstanding anyotherprovisionsof this lease to the contrary, beentitled to recover froni 'fenamit as and for liquidated ikunages. an amnummi equaltothedifference between the rentreserved hereunderfor theunexpired portion of the term demisedand the fair and reasonablerentalvalue of thedemisedpremises fat' thesameperiod.Inthccomputationof suchdamages thedifferencebetweenany installment ofrent becomingdue hereunder after thedateof termination, and the fairandreasonablerentalvalue of the demisedpremisesfor the period forwhichsuch installment was payable, shall bediscountedto the date ofterminationat the rateoffour percent (4%)per annum.Ifsuchdemised premises oranypartthereofbe re-let bythe Ownerfor the unexpiredtermofsaid lease, oranypartthereof, before presentation ofproofofsuchliquidateddamages many court, conunissionor tribunal,theamountofrent reserved upon such re-letting shall be deemed to be the fair and reasonable rental value for the partor the whole of thedemised premises so re'let during the termof there-letting, Nothing hercincontained shall limitorprejudicc the nghtof theOwner to prove forandobtain as liquidated damages,by reason of suchtermination, an amount equal to the maximum allowed by any statute or nile of law in effectat the time when, and governing theproceedings in which, such damages arc to be proved, whether or not such amount be greater, equal to, or less than, the amountof the difference referred toabove.Default:17. (1) If Tenant defaults in fulfilling any of the covenants of this lease other than thecovenantsfor the payment of rent or additional rent; or if the demised premises become vacant or deserted; or if any execution or attachment shall be issued against Tenant or any of Tenant's property, whereupon the demised premises shall be taken or occupied bysomeoneotberthanTenant: or if this lease be rejected under S365 of Title 11 oftheU.S. Code (Bankruptcy Code); or if Tenant shall fail to move into or take possession ofthedemised premises withinthirty(30) days after the commencement of the term ofthislease, then, inanyone or more ofsuch events, upon Owncrserving awritten fifteen (15) days notice uponTenant specifying the nature of said default, and upon the expiration of said hiftecn(15) days, if Tenant shall have failed to complywithor remedysuchdefault, or ifthesaid default or omission complained of shallbe of a nature that the same cannotbe completely cured or remediedwithin saidfifteen (15) day period, andifTenantshall not have diligentlycommenced curIng such defaultwithinsuchfifteen(15) day period, anti shail not thereafterwith reasonable diligence and in goodfaith,proceed to remedy or cure such default, then Owner may serve a written fivc (5) days notice of cancellation of this lease uponTenant, and upon theexpiration01 said five (5) days this lease and the term thereunder shall end and expireas fully and completely as iftheexpiration of such five(s) dayperiod were the day herein definitely fixed for the end andexpiration of this leaseandthe term thereof,and Tenant shall then quit and surrender the demised premises to Owner, but Tenant shall remain liable as hereinafter provided.
(2) If the mmoticc provided for in (1) hereof shall have been given, and the term shall expire as aforesaid: or if Tenant shall make default in the payment of the remit reserved herein, or any item of additional rent herein mentioned, or any part of either, or in making any other paymentherein required;then, and in any of such events, Owner maywithout notice.re-enter the
demised premises either by force or otherwise, and dispossess
Tenant by summary proceedings or otherwise, amidthe legal representative ofTenant or otheroccupant of the demisedpremises, and remove theireffects andholdthe demised premises as if this lease had not been made, and Tenant hereby waives the service of noticeof intention to re-enteror to institute legal proceedings to that end. If Tenant shall make default hereunder pnor to Inc date fixed as the commencement of any renewal or extension 01 this lease, Owner nisy cancel and terminate such renewal or extension agreement by written notice.
Remedies of18. In case of any such default, re-entry, expiration Owner andand/or dispossess by summary proceedings or other Waiver ofwise, (a) the rent shall become due thereupon and be Redcm_on:paid up to the time of such re-entry, dispossess and) or expiration, (b) Owner may re-let the demised premises or any part orparzs thereof, either in the name ofOwnerorotherwise. for a term or terms, which may at. Owner's option be less than or exceed the period which would otherwise have constituted the balance of the term of thist,'~,sj'aridmaym'ran(rnnce.ccinns or free rent or charee a higher rental than that pay to Owner as liquidated damagesfor thefailureofTenant lo observe and perform saidTenant's covenants herein contained, any deficiency between the rentherebyreserved and/or covenanted to be paidand die netamount,if any, oftherents collected onaccountof theleaseorleasesof the demised premisesforeachmonthoftheperiod which wouldotherwise haveconstituted thebalance of the tern of thislease. Thefailure of Owner to re-let the demised premises, or any partor partsthereof, shall not release or affect Tenant's liability for damages. lncomputingsuchhiquidateddamagcsthereshallbeaddcdtothesaid dcliciency suchcxpensesasOwnermiiy incur mnconnection with re-letting, such. as legal expenses, reasonable attorneys' fees, brokerage, advertising andforkeeping the demised premisesingood order or for preparing the same for re-letting. Any such liquidated damages shall be paidinmonthly installments by Tenant on the rent day specified in thus lease,and any suitbroughtto collect theamountof thedeficiency for any month shall notprejudice in anyway the rightsof Owner to collect the deficiency for any subsequent mommmh by a similar proceeding. Owner, inputting time demised premises in good orderorpreparing the anne br re-rental niay. at Owner's option, make such alterations, repairs. replacements, and/or decorations in the dcniised preimmises as Owner, in Owner's sole judgement, considers advisable and necessaryfor the purpose ofre'lcttingthe demisedpremises, and the making of such alterations, repairs, replacements, and/or decorations shall not operateor be construedtorelease Tenant from liability hereunder as aforesaid. Owner shall irs no event be liable in anywaywhatsoever for failure tore-hem time demimiscd premises,or inthe event that the demised premisesare re-let, for failureto collect the rent thereof under such re-letting, and innoevent shall Tenant be entitled to receive any excess,if any, of suchnet rents collected over the sums payablebyTenant to Owner hereunder.Inthe event of a breachorthreatenedbreachbyTenantofanyof thecovenantsor provisions hereof,
Ownershall have the rightofinjunctionandthe right toinvokeany remedyallowed atlaw orin equity as ifre'entry, summamy proceedingsandother remedieswerenotherein provided for. Mentionin this leaseofanyparticular remedy, shall not precludeOwner fromany other remedy, in law oriiiequity. Tenant hereby expressly waives any and all rightsofredemption gr,ustcdbyorunder tiny present or future laws In the event of Tenant beingevicted ordispossessedforany cause, or in die event of Owimer obtaining possessionof thedemised premises,byreason of the violation by Tenantofanyofthe covenants amid conditionsofthis lease,orotherwise.
Fees and19. II Tenant shall default inthe observance
or |
Expenses:performance of any term or covenant on Tenant's part to be observedorperformed under, or by virtue of, any of tIme terms or provisions in any article of this lease, after notice,ifrequired, amiduponexpir:mmionofanyapplicable graceperiod,ifany, (except jim aim emimergency), then, uimlcss otherwise provided elsewhereiii ibislease, Owner may immediately, orat any time thereafter and without notice, perform the obligation of Tenant thcreummder. If Owner, in connection with the foregoing, or in connection with any default by Tenant in the covemiant to pay rent hereunder, makes any expenditures or incurs any obligations for the payment of money, including but not limited to reasonable attorneys' fees, in instituting, prosecuting or defending any action or proceedin~. and prevails in any such action or proceeding. thcnTenant will reimburse Owner for such sums so paid, or obligations incurred, with interest amid costs. The foregoing expenses incurred by reason of Tenant's default shall be dccincd lobe additional rent hereunder, and shall be paid by Tenant to Owner within ten (10) days of rendition of any bill or statement to Tenant therefor. 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 recoverS able by Owner, as damages.
BuildIng20. Owner shall have the right at any time
AltcraLmuoswithout the same constituting an eviction and with- andout 'incurring liability to Tenant therefor, to change Mammagement:the arrangement and/or location of public entrances, passageways. doors, doorways, corridors, elevators, stairs, toiletsorotherpublicpaiisofthebuilding, andtochangethename, number ordesignationby wluchthebuildingmaybc known. There shall benoallowance to Tenant for diminution of rental value and no liability on the part of Ownerbyreason of inconvenience, arinoyance or inpsiy to business arising from Owner or otherTenantsmakinganyrepairsinthebwldmgoranysuclialteratioflS.a dditlotis and improvements. Furthermore, Tcnantshall not have anyclaim against OwnerbyreasonofOwner's impositionofsuch controlsof themannerof access to the~ildingbyTenant'ssocWorbuinssvisitorsastheOwnermaydeem1~5a nYfor thesecurityofthe building and its occupants.
No Repro-21. NeitherOwner norOwner's agents have madescnt*tfunsany representations or promises with respectto the byOwner.physical condition of the building, the land upomi
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leases, whichillsexpenseserectedofortheoperationdemisedpremises,oranytheotherrents. matter or thing | Endof | 22. Upon theexpirationorother termination | ||||
affecting or related to the demised premises,except asherein | ofthe | |||||
expressly set torth. and no nghts, casementsorlicenses are | Term:termofthis lease, Tenant shallquit andsurrender to | |||||
acquiredby | Tenantby implication orotherwise, exceptas | Ownerthe demised premises. "broom-clean",ingood | ||||
expressly set | forth inthe provmsionsofthmslease. Tenant has | orderandcondition, ordinary wear and damages which Tenantis | ||||
inspected the building and the demised premisesand isthoroughly | notrequired to repair as provided elsewhereinthis lease excepted, | |||||
acquainted withtheircondition and agrees to take the same "as-is", | andTcnant shall removeall its property. Tenant's obligation to | |||||
and acknowledges that the taking of possession ol'the demised | observeorperformthuscovenantstull survivetheexpiration or | |||||
premisespremisesandbyTenantthebuildingshallofbewhichconclusivethe same cvidence formathatparttheweresaidin | otherterm ofthisterminationleaseoforthusanylease. If the last dayofontheSunday, this lease | |||||
renewal thereof, falls | ||||||
good and satisfactory conditionat thetime such possessionwas so | shahcxpmre at noon on thepreceding Saturday, unless it be a legal | |||||
taken,except as to latentdefects. All understandings and | holiday,mrs which case itshall expireat noon on thepreceding | |||||
agreements heretofore made between the parties hereto are merged | business day. | |||||
in this contract,whichalonefullyandcompletelyexpressesthe | Quiet23. Owner covenantsand agrees with Tenant that | |||||
agreementbetweenOwner and Tenant, and any executory | Enjoynseamt:upon Tenantpaying therent and additionalrentand | |||||
agreement hereafter made shall be ineffective to change, modify, | observingandpcrfomuing all the terms,covenants and | |||||
dischargeor effect an abandonment of itin wholeor in part. | conditions,onTenant's par1tobe orydand .?crformed.'~'enant | |||||
wdcss suchexecutory agrcclmsent isinwriting and signedby the | may | |||||
partyagainst whomenforccmentof the change, modification, | ||||||
dischargeorabandonment is sought. |
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theless, tothe termsasidconditions of thislease including, but notlimited to,Article31 hereof, and to the ground leases, underlying leases andmortgages hereinbeforementioned.
Failure24.if Owner isunableto give possession of theto Givedemised premiseson thedateof thecommencement Possession:ofLImeterm hereofbecauseof the holding-over or retention ofpossessionofany tenant, undertenantoroccupants,orifthedemisedpremisesarehocatedinabuildingbeingconstnicted,becausesuchbuilding hasnotbeen sufficiently completedto make the demisedpremises readyforoccupancy,orbecause of thefact that a certificateofoccupancy has not been procured,or forany other reason,Ownershall not besubject to any liability forfailureto givepossessiononsaiddate andthevalidityof thelease shallnot beimpairedwaler suchcircumstances,norshall the same be construedin any wise to extend the term ofthis lease, but therent payablehereunder shallbe abated (provided Tenant is not responsible for Owner'sinability to obtain possessionor completeconstruction) until after Owner shall havegivenTenant wntten notice thatthe Owner is able todeliver possessionin commilitmun required bythis lease.ifpcrmis.%ion isgiventm Tenant to cuter imito ~~ossp~siommoldie deummises preimmiacs, or tooccupy premises other than diedemised premises,prior tothe date specified asthecommencementof thetermof thislease, Tenantcovenantsandagreesthatsuch possessionand/oroccupancy shalt be deemed to be under all the terms, covenants, conditionsandprovisionsofthis lease, except the obligation to pay the fixed annual rent set forthinthe ~reamble tothislease. The provisions of this article are intended to constituteanexpressprovision to thecommtrary" wmmlun the nseaningof Section223-aofthe New YorkReal Property Law.
No Waiver: | 25. The failure of Owner toseekredress for | |
violation of, or to insist upon thestrict |
performance of, any covenant or condition ofthislease or of any of the Rules or Regulations,setforth or hereafter adopted by Owner, shall not prevent a subsequentact which would have originally constituted a violation from having alltheforce and effect of an original violation. The receipt by Owner of rent andior additional rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver ofsuch breach, and mmo provision of this lease shall be deemed to havebeenwaived by Owner unless such waiver be in writing signed by Owner, No payment by Tenant or receipt by Owner of a lesseramountthan the monthly rent herein stipulated shall be deemed to be otherthanon account oftheearliest stipulated rent,norshall any endorsement orstatementofanycheck or any letter accompanying any check or payment as rent be deemed an accord and satisfaction,andOwnermayaccept such check orpaymentwithout prejudice to Owner's right to recover the balance of such rent or pursueanyother remedy inthis leaseprovided. Noactorthingdone by Owner or Owner's agents miurimm& the term hereby demisedshall be deemed anacceptance ofa surrenderolthedemised premises.andno agreementtoaccept suchsurrendershall be vahidunless in writingsignedby Owner. Noemployee of Owner or Owner's agent shall have any power to accept the keys of saidpremises prior tothe termination of the lease, andthedelivery of keys to any such agent or employeeshallnot operate as a termination of the lease or a surrender of the demised premises.
WaIverof 26. It is mutually agreed by and between
Owner and
TrialbyJury:Tenantthatthe respective parties hereto shall, andtheyhereby do, waivetrialbyjuryin anyactionproceeding orcounterclaimbrought by either of thepartieshereto against theother(except forpersonal injuryor property damage) on any matters whatsoever arising out of, or in any wayconnected with,this lease,therelationship of OwnerandTenant, Tenant's use of, oroccupancyof, the demisedpremises,and any emergency statutory or any otherstatutoryremedy. It isfurthermutually agreedthatin the event Ownercommencesany proceeding oractionfor~xrtscssio.m,including asuimummaryproceeding for possession of the demised premises, Tenant willnot interpose anycounterclaim of whatever nature ordescriptioninanysuch proceeding, including a counterclaim under Article 4, except for statutory mandatory counterclaims.
InabilItyto 27. Thisleaseandtheobligation of Tenant to pay
Perform:rent hereunder andperlormall ofthe othercoyenant.sand agreements hereunder onpartofTenantto be performed shall in no wise be affected, impaired or excused because Owner is unable to fulfill any ofitsobligationsunderthis lease, or to supply, or is delayed insupplying,anyservice expressly or impliedly tobesupphied. or is unabletomake, or is delayed in making, any repair, adaitions, alterations, or decorations, orisunable to supply, or is delayed in supplying, any equipment, fixtures, or other materials, if Owner is prevented or delayed from so doing by reason of strike or labor troubles or any cause whatsoever including, but not limited to, government preemption or restrictions, or by reason ofanyrule, order or regulaUon ofany departmentor subdivision thereof ofanygovernment agency, or by reason oftheconditions which have been orarcaffected, either directly or indirectly, bywaror other emergency.Billsand 28. Except as otherwise in this lease provided, a bill, Notices:statement,noticeorcommunicationwhich Ownermaydesire or be required to give to Tenant, shall be deemed sufficiently given or rendered if, in wntin$,delivered toTenantpersonallyor sent by registered or certifiedmail
addressed to Tenant at the building of which thedemisedpremises form a part, or at the lastknownresidenceaddressor businessaddressofTenant,or left atanyoftheaforesaid prcmrmes addressed to Tenant, amid time timmic of the rendition ofsuchbill or statement and of the giving of such notice orcommaunication shall be deemed to be the time when the same is delivered to Tenant, mailed, or left at the prcmniacs as herein provided. Anynoticeby Tenant to Owner must beservedby registered or certified mailaddressedto Owner at theaddressfirst hereinabove given or atsuchothcraddressas Ownershalldesignate by written notice.Services 29. Aslong as Tenant is not in default under anyof
Providedby time covenants of this leasebeyondthe applicable Owners: grace period Provided inthis leasefor mime cunng of suchdefaults,Ownershall provide:(a) necessary eleva torfacilitieson busimscssdays from8a.ns.to6 p.m. and haveoneelevatorsubject tocallatall other times:(b)heat to the demnised premises when and asrequired by law, on business days from 8a.m. to 6p.m.; (c)waterfor ordinary lavatory purposes,butif Tenant uses or consumeswater for any other purposesor inwusuahquanutics(ofwbichfactOwmmeshallbetlsesoheJudge),Owmrmaymslallawater meter at Tenant's expense, which Tenant shall thereafter maintain at Tenant's expense in good working order and repair. to registerSUChwateras additional rent as andwhen bills are rendemtd (d) cleaning~scxviceforthe demisedpremiscson business days at Owner's expenseprovided that the samearekeptin order by Tenant. If, howeversaid premisesarc Lobe 141cleanby Tenant, itshall be doneat Tenant'ssdieexpense, in a manner reasona~~~satisfactoryto Owner and no oneother than persons a~rovedbyOwnerIbepemtittedtoeqters~idpremisesorthebuildingofwhi they areapart forsuch puipose. Tenant shall pay Owner the costofremovalof any ofTenant's refuse an.rubbishfromthebwlu~a~(e)1fthcdemisedpremisesarcservicedbyOwner's airconditioning/coolingan ventilating system airconditioninglcoolingwilhbe furnished to Tenant from May15th ghS~ptcmber 30thonbusiness days (Mondays through Fndavs holidaysexcepied) from 8:00a.m. to6:OOp.m., and ventilation will be furnishc~l on business ysduring the aforesaid hoursexceptwhen airconditionin /coolingisbcing fumishedasaforesaid. IfTenantreqiures aim-conditioning/cooing orventilationformore extended hoursor onSaturdays Sundaysoronbohidays,asdefmedundcrOwncr'scontractwiththelnternationa~ Union of Operating Engineers Local 94,94A,94B,Owner will furnish the same at Tenant's expense.
RIDER tobeaddcd inrespcctto rates andcondilionsforauchaddmtionahservicc; (flOwner reservestheright tostop scrvicesofthe beaming, elevators, ptuimmhiimg. air-ciinditmomming. electric,tmowcr systems orcteaiiiimg orother services,ifany, when mmcccssaryby reason of accident, or for repairs,alterations, replacements or improvements necessary ordcsirablein thejudgmcntofOwner,for as longas may be reasonably requiredby reasonthereof.If the building of which thedemised premises are a part supplies manually operatedelevatorservice, Owneramany time may substitute automatic controlelevatorserviceandproceed diligently with altcrdtions necessarytherefor without in anywise affecting this leaseorthe obligationsofTenant hereunder. Captions;30. The Captions arc inserted only as a matter of convenience andforreference and in nowaydefine limitor describe the scope of thislease nor the intentof anyprovisions thereof: Definitions:31. The term "office", or"offices" wherever used inthislease, shall notbcconstnicdtomcanprcmisesuscd as a storeorstores,for thesaleordisplay,atany timeofgoods, waresormeithandisc,ofanykind,orasarestaurant,shop.booth,botblackorotherstand. barber shop,orfor other similar purposes,orformanufacturing. The term "Owner" means a landlordorlessor, and as used in this lease means onlju' the owncr,orthemortgagceinpossessionforthetimebeing, ofthelandandbui ding(orthe ownerofaleaseof mebuildingor ofthe land and building)ofwhich the demised~rensises form a part, so thatin theeventof anysaleor es ofsaid land andbuil 'ng orofsaidlcaseor'in theevcntofaleasc ofsaidbuilding,orofthe land and building, the said Owner shall be and herebyiscntirc~ Freed and relievedof all covenants andobligations0fOwner hereuz~der, at it shall be deemed andconstrued without further agreement between the parties or their successors in interest,orbetween the parties and thepurchaser,at any suchsale, or the said lesseeoftime buildingorof theland and ilding, that the purchaser or the lesseeofthe buildin ha.s~ assumed and a~d to carry outany andall covenantsandobligations o~Owner, hereunder. worth "re-enter" and "reentry" asused in this lease are notresuictad to their technical legal meaning. The term "business days" as used in this lease shall exclude Satur'ysSundays and alldaysasobscrvedbytheStaieorFcderalGovemmcntaslegalholidaysandmhose desiasholidaysbythe~icablebuildingserviccwuonemployccsscMce contract, orbytheapphicablc~~~..ratingEngincerscontractwithrcspecttohIVACservice.Wherever itmsexpressly proviin this lease that consent shall not be unreasonably withheld, such consent shall not be unreasonably delayed, Adjacent32. If an excavationshall be made upon land Excavation-adjacent tothe demuisedpremisesorshall authoShoring:rized to be made, Tenant shalla~lord to the personcausingorauthorized to causesuch excavation, alicense to enterupon the dcnmiscd premisesfor thepurposeofdoingsuchworkassaidjierson shalldeemnecessary to preserve tImewall or the ilding, ofwhich emised premises form a partfrominjuryordamage, andto support thesamebyproper foundations, witi~outany claim fordamagesor indemnityagainst
Owner, or diminution or abatement of rent.
Rules and33.Tenant and Tenant'sservants, emplo ecs,
Regulations:agents visitors,and licensees shall observe faithfully .ndcomply strictly with, the RulesandRegulationsand such otherand~ furtherreasonable Rulesand Regulations asOwner or Owner's agents may from time to time adopt. Notice of anyadditional Rules or Re~lations shall begiveninsuch manner as Owner mayelect. IncaseTenant putesthereasonablenessof any additional Rules or Regulations hereaftermadeoradopted by Owner or Owner's agents, the ~artmes hereto agree to submit the question of thereasonablenessof such attIcs or Regulations for decision to die New York office of the American Arbitration ssociation,whosedetermination shalt be finaland conclusive uponthe parties hereto. The right to disputethereasonableness ofanyadditional Rules or
Regulations uponTenant's part shallbe deemed waivedunless thesame shall asset-he by service of a notice, in writing, upon Owner, within fifteen (15) days afterthegiving of notice thereof. othing in thislease contained shall be construed to imposeupon Owner any duty or obligation toenforcetheRulesand Regulations or terms covenants or
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not be liable to Tenant for vioLau~ ~ ~ by anyotherconditions in any otherlease, as againji.aay'.qther tenant, an'd servants,employees, agents, visit
~~&~tedwith Ownd~ the sum of |
14Cd~1m,? |
Security:34.1i~j1a~as securityfor the faithful
performanceand observance byTenasitof the terms,provisionsand commditiotis of this tease; it is agreed thatin the eventTenatitdefaults in respect of anr ofthe terms,provisions and conditions of thislease,including, but not imited to, the payment of rent and additional rent, Owner may
intheuse,apply or retainthewhole oranypart of the security so deposited totheextent required for the payment of any rentandadditional rent, or any other sum as to which Tenant is in default, or for any sum which Owner may expend ormayberequired to expend by reason of Tenant's default in respect of any of terms,covenantsand conditions ofthislease, including but not limited to any damages or deficiency in the re-letting of the demised premises, whether such damages or deficiency accrued be ore or after summaryproceedingsorotherre.entryby Owner. Intheevent that. Tenant shall ful y and faith ul~y comply with alt of the terms provisionsicovenantsand conditions of mis lease,the security shall bereturned to Tenant afterthedate fixed as the end ofthe lease andafterdeliveryof entirer~55i0nof the demised premises to Owner, Intheevent of a sale oftheandandbuilding, orleasingofthebuilding,of which the demlscdprcmiscsform apart,Ownershall have the right totransfer the securityto the vendee or lessee, andOwner shall thereupon bereleasedbyTenantfromallliabilityc,,. ,s,~,,,,..,~ ,,-i-,,r,mv'aniiTu-nantacrees tolooktothe new Owner
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solely for the return of saidsecurity, andit is agreedthatthe | ||||||
provisions hereof shall apply toevery transferor | ||||||
assignment made or the security to a new Owner. | ||||||
Tenant further covenants that it will not assign or | ||||||
encumber, or attempttoassignorencumber, themonies | signed and scaled this lease as of thedayandyearfirst | |||||
depositedherein as security, andthat ncitlmerOwner nor its | ||||||
successors orassigns shall be bound by ammysuch | above | |||||
assignment, encumbrance, attempted assignment or | ||||||
attempted encumbrance. | ||||||
Estoppel35.Tenant,at anytime, and from time to time,upon | ||||||
Certificate:atleastten (10) days priornoticebyOwner, shall | ||||||
execute,acknowledge and deliver to Owner,and/or to | ||||||
any other person, finn orcorpor.itionspccificdby Owner, | ||||||
astatcmentcerufying thatthislcasc is unnmodifmedand in full | ||||||
force andeffect(or, if there have been modifications,that the | ||||||
sameis in full forceand etlectas modifiedand stating the | ||||||
modifications), stating the dates towhich the rent and | ||||||
additionalrent havebeen paid, and stating whetheror notthere | ||||||
exists anydefaultby Owner underthis lease,and, if so, | ||||||
specifying each such default. | ||||||
Witness for | C | |||||
Owner: | ||||||
Witness for | ||||||
Tenant: | ||||||
ACKNOWLEDGEMEN | E~. | |||||
T | . | |||||
In Witness Whereof,Ownerand Tenant have respe~ | ||||||
written. | ||||||
Successors36, The covenants, conditions and agreementscon- | ||||||
and Assigns;tamed in this lease shall bind and inure to the benefit | ||||||
ofOwner and Tenantandtheir respective heirs, dis' | ||||||
tribuiees, executors, administrators, successors,andexcept as | ||||||
otherwiseprovided in thislease, their assigns. Tenant shall look | ||||||
only toOwner's estate andinterestin the land andbuilding, | ||||||
for thesatisfactionofTenant's remediesfor thecollection | ||||||
ofajudgment(orotherjudic'ial process) against Owner inthe | ||||||
evcntofanydefaultbyOwnerhereunder,andnootherpropertyorasselso | ||||||
fsuchOwner (orany panner, member, officerordirector | ||||||
thereof, disclosedorundisclosed), shall bcsubjectto levy, | ||||||
executionorotherenforcemeniprocedure | ||||||
for the satisfaction ofTenant'sremediesunder,or withrespect | ||||||
to,thislease,therelationshipofOwner andTenanthereundcr, | ||||||
orTenant's useandoccupancy ofthe demised premises. |
STATE OF NEW YORK, COUNTY OF |
SS.: |
On the day of in the and for said State, personally appeared proved to me on the basis of satisfactory evidence to be the md and acknowledged to mc that he/she/they executed the same on the instrument, the individual(s), or the person upon beh___________before me,the undersigned, aNotaryPublic in
personally known to me or ual(s) whose name(s) is(arc)subscribed to the within instrument ~is/hcr/their capacity(ies), and that by his/her/their signature(s)ifwhichtheindividual(s) acted, executed the instrument.
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GUARANT | NOTARY | |||||
Y | PUBLIC |
FORVALUE RECEIVED, and 'in considerationfor, and asainducement toOwnermaking thewithin lease withTenant, the undersignc guaranteestoOwner, Owner'ssuccessors andassigns,the fullperformance as observanceofallthecovenants,conditionsand agreements, therein providedtotperformed and observedby Tenant, includingtime "Rules and Regulations" mtherein provided, without requiringanynotice of non-payment,non-performanciornon-observance,or proof, or notice, ordemand,whereby tochargetiundersigned thcrefor, all of whichthe undersigned herebyexpressly waives as expressly agrees thatthevalidityofthis a~rccmcnt and the obligationsofiiguarantor hereunder shall in nowisc be terminated, affectedor impaired byreascofthe assertionby Owner against Tenant ofanyof the rights orremedies rcscrvctoOwnerpursuant to the provisions of the within lease,Theundersigned furtis covenantsand agreesthat this guaranty shall remain and continue in full force as effect astoany renewal, modification or extension of this lease and during as periodwhen Tenant is occupying thedemised premises as a 'statutory tenant."afunhcr inducement toOwnerto make this lease,andinconsideration therce Owner and the undersigned covenantandagree that inanyaction orprocccdixbrought by either Owner or the undcrmigncd against the other onany mattewhatsoever arising out of, under, or byvirtueof, the terms ofthis leaseor of thguarantee,that Owner andthe undersigned shall anddo hereby waive trial byjur
Dated |
inthcycar |
Guarantor |
Witness | ||||||
BusinessAddress | ||||||
Firm Name | ||||||
STATEOF NEW YORK | ) | as.: | ||||
COUNTY OF | ||||||
On the | dayof | inthe year |
beforeme,theundersigned, a Notary Pubicinandforsaid State,personallyappearedpersonally known tome or proved to me on the basis of satisfactory evidence to be theindividual(s) whosename(s)is(are) subscribedtothe within instrument and acknowledged to incthathe/she/they executedthesameinhis/her/their capacity(ies),and thatby his/her/their signature(s) on theinstrument,the individual(s), or thepei:sonuponbehalfof whichthe individual(s)acted,executedthe instrument.
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1. The sidewalks, entrances, driveways, passages, courts, elevators, vestibules,stairways, corridorsorhalls shall notbc obstructedor encumberedby Tenantor used forany purpose other thanforingressore~reufrom thedemised premises,andfordeliveryofmerchandise andequipment in a promptand efficient mannerusing elevatorsand passageways designated forsuchdeliveryby Owner. Thereshallnot be used in anyspace,orin the publichallof the building, either by Tenantor by jobbers or othersinthedelivery or receipt of merchandise, anyhand trucks, except those cquppedwithrubbertiresand sideguards. If said premises arc situatedon the groundfloorof thebuilding,Tenantthereof shallfurther,atTenant'sexpense, keep the sidewalk and curb in front of said premises clean and free fromice,snow,dirt andrubbish.
2, The waterandwashclosetsandplumbing fixturesshall not be usedforany purposesotherthanthose for whichtheyweredesignedorconstructed, andno sweepings, rubbish, rags, acids or other substances shall bedeposited therein, andtheexpenseof any breakage, stoppage, or damage resulting from the violation of this rule shall beborneby time Tenant,wtmettmcror notcausedby the Tenant, oritsclerks, agents, employees or visitors.
3. Nocarpet, rugor other article shall be hung or shaken out of any window ofthe building and Tenant shall not sweep or throw, or permit tobe swept or thrown,fronm limedcmniscd premises any dirt or oUtersubstancesinto any oftImecorridors orhalls, elevators, or outof the doors or windows or stairways ofthe building, andTenantshall notuse, keep orpermit Lobeused or kept, any foul or noxious gas orsubstance iiithe dctmmisedprcmises, or permit or suffer thedemisedpremises to beoccupied or used in a manneroffensive or objectionable to Owner or otheroccupantsof the building byreasonof noise, odors, and/or vibrations, or interferein anyway with other tenants or those havingbusinesstherein, nor shall any,bicycles, vehicles, animals, fish, orbirds be kept in or about the building. Smoking orcarrying lightedcigarsor ci~arcttes in theelevators of thebuildingisprohibited.
4. No awnings or other projections shall beattached tothe outside walls ofthebuilding without the prior written consent of Owner.
5. No sign. adverusetmmcnt,noticeor other lettering shall be exhibited, inscribed, painted or affixed by Tenant oii any part of the outside of thedemisedpremises orthe building,or onthe insideof time demised premise if thesame isvisible from theoutside of thedetniscd premises, withouttheprior written conscntofOwncr, exceptthat the nameof Tenant may appear on the entrancedoorofthe demised premises.In the event of the violation of the foregoing by Tenant, Owner may remove same without any liability,andmay chargetheexpense incurred by such removal toTenant.Interiorsignsondoors anddirectory tablet shallbe inscribed, painted oraffixed for Tenantby Owner at the expense ofTenant, and shall beof asize,color and styleacceptable toOwner.6. Tenantshallnot mark, paint, drill into, or inanywaydeface,any part of thedemisedpremises or lime building of which they form a part. No boring, cutting or stringing of wires shall be permitted, except with the prior written consent ofOwner, and asOwnermaydirect,Tenant shallnot lay linoleum, or other similarfloorcovcring, sothatthe same shall comein direct contact with thefloorof thedcsmmiscdpremises, aiid, if linoleumor other similarfloorcoveringis desiredto beused,an interlining of builder's dcadetmiimg feltshall befirst affixed tothe floor,by a paste or other material, soluble in water, theuseofcement or other similar adhesive material being expressly prohibited.
7. No additionallocksor bolts ofany kind shall be placed uponany of time doorsor windows by Tenant, norshallany changes be made in existinglocksormechanismthereof.
Tenant must,uponthetermination of histenancy,restore toOwner alt keys of stores, offices and toilet rooms, either furnished to, orotherwise procured by, Tenammi,andin the event ofthe loss ofanykeys, sofurnished, Tenantshall pay to Owner the cost thereof.
8. Freight, furniture,business equipment, merchandise andbulky matterof anydescription shall bedeliveredtoand removed fromthe demised premises only on
13:IMPORTANT-PLEASE READU5~ |
RULES ANI) REGULATIONS ATI'ACHEDTO AND thefreightelevators andtifrough the service entrances and corridors, andonlyMADE A PARTOFTHIS LEASEdunnghoursand in amanner approved by Owner. Owner reserves the right
IN ACCORDANCE WITH ARTICLE 33. toinspectall freight to be brought into thebuildingandto exclude from thebuildinall freijht which violates any ofthese Rulesand Regulations of thelease,orwhicthese Rules and Regulationsare a part.9, Canvassing,solicitingandpeddling in the building'is prohibited and Tenantshallcooperate topreventthe same.
10. Owner reserves therightto exclude from the building allpersonswho do not prcsentapass to the building signed by Owner. Ownerwill furnishpasses to persons[or whom Tenant requestssamein writing. Tenant shall be responsible for allpersonsforwhom herequests suchpass, and shall be liable to Ownerfor all acts of such persons.Tenant shall nothave a claim against Owner by reason o(Owncr excluding fromthebuilding any person whodoes notpresent much pass.
11. Owner shall have therightto prohibit any advertising by Tenant which in Owncrs opinion,tendsto impair thereputationofthebuildtn_gorits desirabilityas a building for offices, and upon writtennoticefrom Owner, Tenant shall refrain from or discontinuesuchadvertising. 12.Tenantshall not bring orpermitto be brought or kept in or on the demisedpremises, any mnflanunablc, combustible, explosive, orhazardous fluid, material,chemical or substance, orcauseorpermitanyodorsof cooking or other processes,or any unusual or other objectionable odors, to permeate in, or emanate from, the demised prcnmises.
13. lIthe building contains central air conditioning andventilation, Tenantagreesto keep all windows closed stall timesandtoabideby all rules and regulations issuedby
Owner with respectto such services. IfTenant requires air conditioning or ventilation after theusualhours, Tcnantshall give notice in writing to thebuildin superintendent priorto3:00 p.m.inthe caseofservicesrequired on weekdays. anpnor to3:00pm. on thedayprior in case ofafterhours service required omi weekends oron holidays. TcnantshallcoopcratewithOwnerinobtaining maximunmeffectivenessof thecoolingsystembylowering and closing venetian blindsarid/ordrapesand curtains whenthe sun's rays falldirectlyon the windows of the demised premises. 14,Tenant shallnot moveanysafe, heavymachinery, heavyequipment, bulkymatter,or fixtures into oroutofthebuildingwithoutOwner's prior writienconsent.If suchsafe, machinery, equipment, bulky matter or fixtures requires specialhandling all work inconnectiontherewith shall comply with the Administrative Code oldie City of New York and all other lawsandregulations applicablethereto,andshall be doneduring suchhours asOwnermay designate.15. Refuse and Trash. (1) Compliance by Tenant. Tenant covenants and agrees, atitssole cost andexpense,tocomplywith all presentandfuture laws, orders, and regulations, of all state,federal,municipal, and local governments, departments, conmmissionsand boardsregarding the collection, sorting, separationandrecyclingof waste products, garbage, refuse and trash. Tenantshallsortandseparate such wasteproducts,garbage, refuse and trashintosuch categories as provided by law.Eachseparately sortedcategoryof waste products, garbage, refuseandtrashshaltbe placed in separate receptacles reasonably approved by Owner. Such s~aratc receptacles may, at Owner's option, be removed from the demised premises inaccordancewith a collection schedule prescribed by law. Tenant shall remove, or cause to be removed by a contractor acceptable to Owner, at Owner's sole discretion, suchitemsas Owner may expressly designate. (2) Owner's RmghLc inuventof Noncompliance. Owner has time option to refuse to collect or accept lrommm Tenant waste products, garbage, refuse ortrash(a) that isnotseparated and sorted as required by law or (b) whichconsistsof suchitemsas Ownermayexpressly designate forTcnant's removal,awlto requireTeitant to arrange forsuchcollection at Tenant's sole cost antI expense, utiuieing acontractor satisfactory to Owmmer.Tenant shallpayall costs, expenses, fines,penalties,ordamagesthat may be imposed on Owner orTenantby reason of Tenant's failure tocomplywith theprovisions ofthisBuilding Rule 15, and, at Tenant's solecost andexpense, shail indemnity, defendandhold Owner harmless (including reasonable legal Icesandexpenses) from and against any actions, claimsand suitsarisingfromsuch noncompliance, utilizing counsel reasonably satisfactory to Owner.
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LANDLORD: Chestnut Cove Development, LLC
TENANT: AUTOMATED SYSTEMS NATIONAL NETWORK,INC. DATED: MARCH 20, 2001
Continuing paragraph three (3) of the pre-printed lease form: In the event Landlord shall permit Tenant to make any changes, except facade, (see paragraphs 67 and 68) alterations or improvements to the demised premises Tenant shall first obtain a building permit fromthe City of Glen Coveandshall buildand alter pursuant to all applicable codes and shallobtaina New York Board of Fire Underwriters Certificate for the new construction oralteration or existing conditions as required andshall further obtain a Certificate ofOccupancyandshall provide Landlord with a copy of the building permit, New YorkState Board of Fire Underwriters Certificateand Certificate of Occupancy within five(5)days of receipt of each document.
37, Omitted. |
38, The tenant shall procure andmaintainat his owncostand expense, during the entire term ofthis agreement, public liability insurancefrom aninsurance company licensed to do business in the State of New York, whichpolicy shallprovide insurance coveragefor bodily injury, death, or property damage of notless than $1,000,000 for each accident or occurrence. The policy shall nameboth the tenant and the landlord as insured andshall provide that the policy maynot be canceled except upon 30 days notice to the Landlord. Tenant shall provide Landlord with an original insurance certificate before occupying the demised premises evidencing compliance with this paragraph. Upon failure of the tenant to maintain said insurance, landlord shall have the privilege, but in no event shall be obligated to procure said insurance coverage, and the amount of the premium, if paid by the Landlord, shall be due and payable with the rent installment next due, and shall be considered as additional rent under this agreement.
a. | If by reason of the use of the premises by the tenant the premium for fire, liability or other insurance maintained by the Landlord on the entire premises is increased, the tenant agrees to pay, as additional rent, the amount of the increase in Landlord's insurance premium, which amount shall become due immediately upon affecting the Landlord's insurance premium and payable with the next succeeding installment of rent. |
39. | Landlord grants to the tenant, in common with other tenants, their agents, servants, employees, customers and other persons doing their work for or business with the tenant at the demised premises, the non-exclusive right to use the "common areas", consisting of the parking field, roadways, pathways, sidewalks, and other areas and facilities designated by the landlord for common use on the premises. |
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a. The common areas shall be subject to the exclusive control and | perso | |||||
management of the landlord and the landlord shall have the right to | n, | |||||
establish, modify, change and reinforce rules and regulations with respect to | firm | |||||
the common areas which the tenant agrees to abide by and conform with. | or | |||||
The tenant agrees that its officers and employees will park their automobiles | corp | |||||
only in such areas the landlord from time t9-time may designate for | orati | |||||
employer parking.~ ~ ~ | on | |||||
~ | actin | |||||
~(/ | p~t /~4J~ | &4477 | g as | |||
40. Tenant agrees that he shall bear the entire cost and expense ofprovidingheat, | brok | |||||
water, hot water, janitor or cleaning service, gas, electricity, telephone and all other | er | |||||
services and utilities at the premises, which accounts shall be opened in the tenant's | herei | |||||
own name and be the obligation of the tenant to pay. | n. |
41. | Omitted. | |
42. | This agreement is entered into by the landlord on reliance of the expressed representations by the tenant that the making of this lease was secured by no | |
43. | Anything to the contrary herein contained notwithstanding, the tenant is given permission to erect signs on the exterior of the building of the demised premisesprovided: | |
aid signs comply with all rules and regulations of any governing authorities having jurisdiction thereof. aid signs shall not interfere with signs of any other tenant in the same building: aid signs shall be installed without damage to the building. aid signs shall be subject to the prior written approval of the landlord, it being the intention of the landlord that the signs to e erected by the tenants of the building shall conform to a uniform format and plan.
44. The tenant agrees that at all times during the term of this lease, it shall, at the tenant's own cost and expense: eep the demised premises and all show windows and signs and other areas allocated to the sole use of the tenant in good, eat and clean condition. o conduct its business at all times in first class and reputable manner, the tenant shall not conduct any auction, fire, ankruptcy or going-out-of business sale in the demised premises without the prior written consent of the landlord;
nload itsmerchandise and supplies and remove its rubbish only by way of tenant's doors. tore all trash and garbage within the demised premises or dumpster prior to removal;
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e. Permit no act or practice which may tend to injure the building or its equipment or be a nuisance to other tenants nor burn any rubbish on the demised premises nor change the exterior color of the demised premises, or size, character or location of any sign approved by the landlord, nor install any exterior lighting fixtures or awnings or permit any advertising medium or loud speakers or sound creating device, radio broadcasts to be heard outside of the demised premises; f. Keep the demised premises free of vermin and, if the same become infested, cause the same to become immediately exterminated. g. Not use or permit the use of any portion of the demised premises for sleeping apartments or lodging rooms or for any unlawful purposes; h. Take good care of the demised premises, its heating, air-conditioning, plumbing plant and fixtures and appurtenances; and make all repairs and replacement in and about the same necessary to preserve them in good order and condition. It is understood, however, that the landlord shall make all repairs to the exterior walls, the roof and all structural repairs, except those made necessary by acts of the tenant, its agents, servants or employees; tenant shall give prompt written notice of any alleged roof leaks and landlord's liability shall be limited to repair of leaks only; i. Suffer no waste or injury to the demised premises or the common area;j.Not to use the plumbing facilities for any purpose other than their intended use and purpose.
45. | Within ten (10) days after request thereof by the landlord, the tenant agrees to deliver in recordable form a certificate to any proposed mortgagee or purchaser or financial institution certifying that his lease is in full force and effect, that the tenant is in posse4ssion thereunder, and that there are no defenses or offsets thereto. |
46. | Omitted. |
47. | It is hereby expressly understood and agreed by and between the parties hereto, that the tenant shall not be entitled |
to any abatement of rent or rental valueor diminution of rent in any action between the parties hereto or in any summary proceedings of the nonpayment of rent and that in any action by the landlord for rent or additional rent and in any summary proceedings for nonpayment of rent the tenant shall not have the right to set-off, recoupment or counter-claim for any damages which the tenant may have sustained by reason of the landlord's failure to perform any of the terms, covenants and conditions contained in this lease on his part to be performed or for any other cause. The tenant shall be relegated to an independentactionfor damages and such independentactionshall not at any time be brought or consolidated with any action or proceeding instituted by the landlord.
48. The tenant herein shall have no authority to create liens for labor or materials upon the landlord's interest upon the above described premises, and all persons contracting with the tenant for the alteration or repair of any of the buildings or for the
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erection or installation, alteration or repair of any buildings or other improvements upon the above described premises and all materialment, contractors, mechanics, or laborers, artisans and other persons are hereby charged with notice that they must look to the tenant and to the tenant's interest of the above described property to secure the payment of any bill for work done or material furnished during the term of this lease.
In the event Tenant shall create such lien in violation of this provision, Landlord, in addition to any other right or remedy it may have, shall have the right, but not the obligation, to take whatever action it may deem necessary and appropriate, including satisfying the amount of the lien, the cost of which shall then become due and payable to the Landlord by the Tenant together with Landlord's reasonable attorneys' fees, payable with the monthly rent next due.
49. This lease is expressly made subject to the Zoning Ordinances of the City of Glen Cove. All permits which may be necessary for maintenance and operation of the tenant's business from any municipal agency having jurisdiction over the premises shall be obtained and maintained by the tenant at the tenant's own cost and expense.
50.In the event of a breach or threatened breach by the tenant of any of the covenant or provisions hereof, the landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity, as if reentry, summary proceedings and other remedies were not herein provided for.
51 The landlord shall not be liable for damage or injury to person or property unless written notice of any defect alleged to have caused such damage or injury shall have been given to the landlord a sufficient time before such occurrence to have reasonably enabled the landlord to correct such defect. Nothing herein contained shall impose any additional obligation on the landlord to make repairs.
52. | Except where caused by Landlord's affirmative act or negligence, Landlord shall not be liable for injury or damage to person or property occurring on or within the premises or demised premises. Landlord shall not be liable for any failure of the water supply, gas or electric service, or for any injury or damage to persons or property caused by gasoline, oil, steam, or electricity or hurricane, tornado, flood, wind or similar storms or disturbance, or water, rain or snow which may leak for flow from the street, sewer, gas mains, or any subsurface area or from any part of the building, or for any interference with light or air. Landlord shall not be responsible or liable to Tenant for any injury, death or damage resulting from acts or omissions of persons occupying any area of the premises or the demised premises, including common areas. If the Landlord or any successor in interest shall be an individual, joint venture, tenancy in common, firm or partnership, general or limited there shall be no personal liability on such individual, or on the members of such joint venture, tenancy in common, firm or partnership with respect to any of the covenants or conditions of this lease. |
Tenant or any successor in interest or one deriving an interest through or under the Tenant or its successor in interest shall look solely to the equity of the then landlord in the | |
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premises of which the Demised Premises forms a part for the satisfaction of the remedies of Tenant in the event of a Breach by Landlord of any of the covenants or conditions of this Lease, and the rights of such tenant or successor in interest or one deriving an interest through or under Tenant or such successor in interest for the purpose of collecting or using the assets of Landlord to satisfy any legal claimagainst Landlordarehereby limitedand restricted to the interest of the Landlord in the Premises as if such interest were the sole asset of the Landlord and the liability of Landlord to any party arising out of, under or in any way in connection with the terms or provisions of this lease are specifically limited to the value of Landlord's interest in the Premises.
53. Tenant shall use premises for office, warehouse space and light manufacturing..
In the event that any other tenant shall fail to abide by or conform to the use or uses granted to the tenant herein, there shall be no recourse to or against the landlord, nor any abatement or diminution in rent, but the tenant herein shall be relegated to an independent action against such other tenant, either in the name of the landlord or in the name of the tenant, all at the sole cost and expense of the tenant herein and without recourse to the landlord.
54. | Notwithstanding the provisions of Paragraph FOURTH of the lease the parties agree thatsaid paragraph shall be modified by Section 227 of the Real Property |
Law and shall be governed by said section of the law in the event of any conflict in the provisions of the lease and said statute. | |
55. | The parties agree that the tenant shall be responsible for the repair of ~3.ll damaged or broken atthe demised premises, |
£~ccep/'-~4CvtIfh ~ | |
56. | Tenant shall have the right to make non-structural alterations to the premise~ subject to the landlord's prior written approval, which approval the landlord agrees he will not unreasonably withhold or delay. |
57. | Tenant shall pay to the Landlord, as additional rent, on a pro rata basis based upon the percentage set forth in paragraph 60, any increase in property and school taxes and assessments, including sewer, special assessments and any other charges collectible with the real property tax bills for the premises, over the base tax year 2001. The Tenant shall pay said additional rental to the Landlord at the earlier of 30 days after said tax, assessment or charge first becomes due and payable to the proper taxing authority or upon presentation ofcopies of said bills.In the event there is a decrease in the base tax, then the base tax year shall be decreased and Tenant shall be responsible for any increase over the new base tax year. Landlord and Tenant agree that copies of tax bills shall be sufficient evidence to show any base tax years and any increase thereof. |
Tenant's pro rata share shall be 13.00% (See #60). | |
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58, Rent is due and payable on the first day of each month. If tenant fails to pay the rent by the15thday of each
month landlord may impose a late charge of five(5%)percent of the amount due. If for any reason, except bank error, any check delivered to the Landlord by the Tenant is returned unpaid, tenant shall be charged the sum of $100.
59. | This lease may not be assigned, or the demised premises sublet or occupied by any other person or entity other than the Tenant named in this agreement without the prior written approval of the Landlord, which approval shall not be unreasonably withheld. In the event Landlord grants approval for the assignment of this lease or the sublet of the premises, the annual rent shall be accelerated to the next succeeding year's rent level, and the rent for the last year of the term of the lease shall be the annual rent for the year immediately preceding the last year plus six (6%) percent or a percentage equal to the cost of living increase for the year immediately preceding the first month of the last year of the term, whichever is greater. |
60. | Tenant shall pay as additional rent, its proportionate share of all common area maintenance charges, including but not limited to snow removal. Tenant's proportionate share shall be deemed to be 9 100/70000=13.00. |
61. | Tenant shall indemnify and save harmless Landlord, its successors and/or assignsfromandagainstany and all claims, demands, causes of action, damages, costs,expenses, lawsuitsand liabilities of every kind arising out of or in any mannerdirectly or indirectly connected with the use, existence and maintenance oroccurrences connected with any Hazardous Substance at the premises. |
As used herein "Hazardous Substance" means anysubstancewhich as of the date of this Agreement is listed as "hazardous" or "toxic" in the regulations implementing the Comprehensive Environmental Response Compensation and Liability Act ("CRECLA"),
42 U.S.C. Section 9601 et seq, or the Resource Conservationand Recovery Act ("RCRA"),42 U.S.C. Section 6901 et seq, or in anyrule, order or regulation or guideline of the N.Y.S. Department of Environmental Conservation, the City of Glen Cove or the Nassau County Department of Health Services.
62. | Landlord shall complete the following work at it cost and expense, as | |||||
outlined in Schedule "A". | ||||||
1. | Provide and install new wi do s; and | |||||
2. | Provide and install ~nr con itio ing in entire space, except | |||||
3. | Provide and install new 400 amp electric panel. | |||||
4. | Provide and install two new entrance doors and one rear door.~ | |||||
5. | Install two new bathrooms, as outlined on plan. | f | ||||
6. | Build out officeiw~nt-par~-cf~p.a~as provided in plan | |||||
attached-all walls will be taped and to paint-10 ft. high. |
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7. | Do all electrical work that is necessary for code; namely exit lights,bathroom GFI and exhaustfan. |
8. Providewaste line and~~for hot and cold water in tenant's kitchen.
63. | Tenant's Work |
1. | Paint Premises |
2. | Carpeting and/or tile (except bathroom). |
3. | All electrical work including outlets, lighting, dimmers, etc. |
4. | All telephone connections. |
5. | Suspended ceilings if desired. |
In regard to tenant's work, Tenant agrees to provide landlord with certificates of insurance naming landlord as an additional insured from all of tenant's contractors. Also, tenant's electrical contractor shall provide landlord with fire underwriters certificate for all of tenant's electrical work. Tenant's electrical contractor must also be licensed in the City of Glen Cove.
64. | Provided tenant is not in default of any covenants and conditions of this lease, tenant shall have the option to extend this lease for an additional term of five(5)years provided: |
1. | Rent schedule shall increase 4% each year over the previous year for each year of the five year option |
2. | Tenant notified landlord at least eight (8) months prior to the expiration of the original term of the lease of its intention to exercise its option to renew. Said notification must be by certified letter, delivered to landlord's office. |
3. | All other terms and conditions of lease shall remain the same as if the option period was included in the original term of the lease. |
65. | Receipt is hereby acknowledged of tenant's rent in the amount of $5300.f ~~ ~. ~ |
66~ In the event landlord's work is not substantially completed by ~ 2001, thenin that event all dates of lease shall be advanced accordingly.
67. | SCHEDULE ANNUAL MINIMUM BASE RENT |
1. | FOR THE FIRST YEAR of the lease 7/1/01-6/31/02 the sum of $63,600 payable in monthly installments of $5300. |
2. | FOR THE SECOND YEAR of the lease 7/1/02-6/31/03 the sum of $63,600, payable in monthly installments of $5300. |
3. | FOR THE THIRD YEAR of the lease 7/1/03-6/31/04 the sum of $66,000 payable in monthly installments of$5500. |
4. | FOR THE FOURTH YEAR of the lease 7/1/04-6/31/05 the sum of $68,250, payable in monthly installments of$5687.50. |
5. | FOR THE FIFTH YEAR of the lease 7/l/05-6/31L~6-Qie sum of $70,500 payable in monthly installments of$~. S'~1 ~CO ~ |
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AUTOMATED SYS EMS | ||
NATIONAL | eJa) | |
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