COMMERCIAL LEASE
This lease, dated for reference purposes only this 30 day of November,
1995, is made between NINE-C CORPORATION (the "Landlord") and BAY AREA BANK (the
"Tenant").
1. PREMISES.
1.01 Description. Landlord hereby leases to Tenant and Tenant hires
from Landlord on the terms, covenants and conditions set forth herein, those
premises specifically known as Suite 530 designated and identified by
crosshatching on Exhibit "A" attached hereto, (the "Leased Premises"), and
incorporated by reference herein. The Leased Premises, approximately 1873 square
feet of usable space, and approximately 2119 square feet of rentable space (by
BOMA Modified Standards), is located at 900 Veterans Boulevard, Redwood City,
California (the "Building"). The Building is a part of a commercial project
which includes the Building, an adjacent parking lot and parking structure and
the underlying real property (the "Project").
1.02 Confirmation of Terms. Within thirty (30) days after Landlord
delivers a fully executed copy of this Lease to Tenant, Tenant's architect may,
at Tenant's expense, verify the rentable area contained in the Leased Premises.
The term "rentable area" as used in this Lease means the rentable area as
determined by the most recent version of the BOMA (Building Owners and Managers
Association International) American National Standard. If tenant's verification
of the rentable area differs from the rentable area specified in Paragraph 1.01,
then the parties shall immediately execute "Confirmation of Lease Terms" to
confirm the rentable area, the Base Rent, Tenant's Pro Rata Share and other
changes that are based on the rentable area of the Premises.
2. BASE RENT.
2.01 Tenant agrees to pay Landlord as base rent (Base Rent), without
notice, demand, deduction, or offset, the monthly sum of $3729.44 for the first
12 months, adjusted as provided in Paragraph 2.03 for all months thereafter, in
advance on or before the first day of each and every successive calendar month
during the term hereof, except that last month's deposit shall be paid upon
execution hereof. Credit will be given for Tenant's current deposit. The rent
shall commence on the First day of January, 1996 (the "Commencement Date"). All
payments to Landlord under this Lease shall be paid to Landlord at the address
for notice set forth in paragraph 32.15, or at such other address provided to
Tenant by Landlord in writing from time to time.
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2.02 Rent for any period which is for less than one month shall be a
prorated portion of the monthly rental based upon a thirty (30) day month.
Tenant acknowledges that late payment by Tenant to Landlord of rent or other
sums due hereunder will cause Landlord to incur certain costs not contemplated
by this Lease, the exact amount of which would be extremely difficult and
impractical to ascertain. Such costs include, but are not limited to, processing
and accounting charges, and late charges which may be imposed on Landlord by the
terms of any trust deed covering the Leased Premises. Therefore, in the event
Tenant shall fail to pay any installments of rent or any sum due hereunder
within five (5) days after receiving notice of such delinquency, Tenant shall
pay to Landlord as additional rent a late charge equal to TEN percent (10%) of
each such installment or other sum. A $15.00 charge will be paid by the Tenant
to the Landlord for each returned check, in addition to the late charge.
2.03 The base Rent set forth in Paragraph 2.01 shall be increased in
all years after the first year of the term if the Consumer Price Index - San
Francisco - All Items (Index) as published by the United States Department of
Labor's Bureau of Labor Statistics, increases over the base period Index. The
base period Index for any year shall be the Index for the calendar month which
is the fourth month preceding the month in which any lease year commences. The
base period Index shall be compared with the Index for the same calendar month
for each subsequent year (comparison month). If the Index for any comparison
month is higher than the base period Index, then the rental for the next year
shall be increased by the identical percentage commencing with the next rental
commencement month; provided, however, that no such rental increase shall be
less than 4% or more than 8%, of the rental for the previous year. In no event
shall the rental be less than that set forth in Paragraph 2.01. (By way of
illustration only, if Tenant commenced paying rent in July 1991, then the base
period Index for the second year is that for April 1992 (assume 130) and that
Index shall be compared with the Index for April 1991 (assume 136), and because
the Index for April 1992 is 4.61% higher, the rental commencing July 1992 shall
be 4.61% higher; likewise the Index for April 1993 shall be compared with the
Index for April 1992.)
Should the Bureau revise or discontinue the publication of the above
Index. Landlord and Tenant shall convert to the revised index or adopt the
successor index in accordance with the guidelines therefor issued by the federal
government.
3. PROJECT OPERATING COSTS.
3.01(a) In order that the Rent payable during the Term reflect any
increase in Project Operating Costs (described below), Tenant agrees to pay to
Landlord as Rent, Tenant's Proportionate Share (defined in Paragraph 3.02) of
all increases in costs,
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expenses and obligations attributable to the Project and its
operation, all as provided below.
(b) If, during any Calendar year during the Term, Project Operating
Costs exceed the Project Operating Costs for the first year of the Term, Tenant
shall pay to Landlord, in addition to the Base Rent and all of the payments due
under this Lease, an amount equal to Tenant's Proportionate Share of such excess
Project Operating Costs in accordance with the provisions of this Paragraph
3.01(b).
(c) The term "Project Operating Costs" shall include all those
items described in the following subparagraphs (1) and (2).
(1) All taxes, assessments, water and sewer charges
and other similar governmental charges levied on or attributable to the Building
or Project as a whole or their operation, including without limitation, (i) real
property taxes or assessments levied or assessed against the Building or Project
as a whole, and (ii) assessments or charges levied or assessed against the
Building or Project as a whole by any redevelopment agency; but excluding any
tax measured by gross rentals received from the leasing of the Premises,
Building or Project.
(2) Operating costs incurred by Landlord in
maintaining and operating the Building and Project, including without limitation
the following: costs of (i) utilities; (ii) supplies; (iii) insurance (including
public liability, property damage, earthquake, and fire and extended coverage
insurance for the full replacement costs of the Building and Project as required
by Landlord or its lenders for the Project; (iv) services of independent
contractors; (v) compensation (including employment taxes and fringe benefits)
of all persons who perform duties connected with the operation, maintenance,
repair or overhaul of the Building or Project, and the HVAC system, equipment,
improve ments and facilities located within the Project, including without
limitation engineers, janitors, painters, floor waxers, window washers, security
and parking personnel, landscapers and gardeners (but excluding persons
performing services not uniformly available to or performed for substantially
all Building or Project tenants); (vi) operation and maintenance of a room for
delivery and distribu tion of mail to tenants of the Building or Project as
required by the U.S. Postal Service (including, without limitation, an amount
equal to the fair market rental value of the mail room premises); (vii)
management of the Building or Project, whether managed by Landlord or an
independent contractor (including, without limita tion, an amount equal to the
fair market value of any on-site manager's office, but excluding any commission
or fee for leasing or collecting rents); (viii) rental expenses for (or a
reasonable depreciation allowance on) personal property used in the main
tenance, operation or repair of the Building or Project: (ix) costs,
expenditures or charges (whether capitalized or not)
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required by any governmental or quasi-governmental authority; (x) amortization
of capital expenses (including financing costs) (1) required for the Building as
a whole by a governmental entity for energy conservation or life safety
purposes, or (2) made by Landlord to reduce Project Operating Costs; and (xi)
any other costs or expenses incurred by Landlord under this Lease and not
otherwise reimbursed by tenants of the Project, but specifically excluding the
cost of maintenance and operation of the elevator.
(3) Project Operating Costs shall not include costs
or expenses only for the benefit of other tenants.
(d) Tenant's Proportionate Share of Project Operating
Costs shall be payable by Tenant to Landlord as follows:
(1) Beginning with the second year of the term and
for each year thereafter ("Comparison Year"), Tenant shall pay Landlord an
amount equal to Tenant's Proportionate Share of the Project Operating Costs
incurred by Landlord in the Comparison Year which exceeds the total amount of
Project Operating Costs payable by Landlord for the first year of the term. This
excess is referred to as the "Excess Expenses."
(2) To provide for current payments of Excess
Expenses, Tenant shall, at landlord's request, pay as additional rent during
each Comparison Year, an amount equal to Tenant's Proportionate Share of the
Excess Expenses payable during such Comparison Year, as estimated by Landlord
from time to time. Such payments shall be made in monthly installments,
commencing on the first day of the month following the month in which Landlord
notifies Tenant of the amount it is to pay hereunder and continuing until the
first day of the month following the month in which Landlord gives Tenant a new
notice of estimated Excess Expenses. It is the intention hereunder to estimate
from time to time the amount of the Excess Expenses for each Comparison Year and
Tenant's Proportionate Share thereof, and then to make an adjustment in the
following year based on the actual Excess Expenses incurred for that Comparison
Year.
(e) On or before the 90th day of each Comparison Year after
the first Comparison Year (or as soon thereafter as is practical), Landlord
shall deliver to Tenant a statement setting forth Tenant's Proportionate Share
of the Excess Expenses for the preceding Comparison Year. If Tenant's
Proportionate Share of the actual Excess Expenses for the previous Comparison
Year exceeds the total of the estimated monthly payments made by Tenant for such
year, Tenant shall pay Landlord the amount of the deficiency within ten (10)
days of the receipt of the statement. If such total exceeds Tenant's
Proportionate Share of the actual Excess Expenses for such Comparison Year, then
Landlord shall credit against Tenant's next ensuing monthly installment(s) of
additional rent an amount equal to the difference until the credit is exhausted.
If
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a credit is due from Landlord on the Expiration Date, Landlord shall pay Tenant
the amount of the credit. The obligations of Tenant and Landlord to make
payments required under this Paragraph 3.01 shall survive the Expiration Date.
(f) Tenant's Proportionate Share of Excess Expenses in any
Comparison Year having less than 365 days shall be appropriate ly prorated.
(g) If any dispute arises as to the amount of any additional
rent due hereunder, Tenant shall have the right after reasonable notice and at
reasonable times to inspect Landlord's accounting records at Landlord's
accounting office and, if after such inspection Tenant still disputes the amount
of additional rent owed, Landlord and Tenant shall refer the dispute to an
independent certified public accountant selected by them for certification of
the proper amount. Such accountant's certification of the amount and direction
as to the allocation between Landlord and Tenant of the cost of certification
shall be final and conclusive.
3.02 Tenant's Proportionate share shall be 3.9%, the usable area of the
Leased Premises divided by the useable area of the Building, times 100, computed
as follows:
Premises Usable Area: 1,873__ = .039 x 100 =3.9%
--------
Building Usable Area: 47,692 sq. ft.
3.03 All costs and expenses which Tenant assumes or agrees to pay to
Landlord under this Lease shall be deemed additional rent (which, together with
the Base Rent, is sometimes referred to as the "Rent"). The Rent shall be paid
to the Building manager (or other person) and at such place, as Landlord may
from time to time designate in writing, without any prior demand therefor and
without deduction or offset, in lawful money of the United States of America.
3.04 In addition to the Rent and any other charges to be paid by Tenant
hereunder, Tenant shall reimburse Landlord upon demand for any and all taxes
payable by Landlord (other than net income taxes) which are not otherwise
reimbursable under this Lease, whether or not now customary or within the
contemplation of the parties, where such taxes are upon, measured by or
reasonably attributable to (a) the cost or value of Tenant's equipment,
furniture, fixtures and other personal property located in the Premises, or the
cost or value of any leasehold improvements made in or to the Premises by or for
Tenant, other than standard tenant improvements made by Landlord, regardless of
whether title to such improvements is held by Tenant or Landlord; (b) the gross
or net Rent payable under this Lease, including, without limitation, any rental
or gross receipts tax levied by any taxing authority with respect to the receipt
of the Rent hereunder; (c) the possession, leasing, operation, management,
maintenance, alteration, repair,
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use or occupancy by Tenant of the Premises or any portion thereof; or (d) this
transaction or any document to which Tenant is a party creating or transferring
an interest or an estate in the Premises. If it becomes unlawful for Tenant to
reimburse Landlord for any costs as required under this Lease, the Base Rent
shall be revised to net Landlord the same net Rent after imposition of any tax
or other charge upon Landlord as would have been payable to Landlord but for the
reimbursement being unlawful.
3.05 Landlord agrees to operate the Project in a prudent manner with a
view to controlling costs in a manner consistent with the sound operation of the
Project.
4. CONDITION OF THE PREMISES. Tenant's taking possession of the
Premises shall be deemed conclusive evidence that as of the date of taking
possession the Premises are in good order and satisfactory condition, except for
such matters as to which Tenant gave Landlord written notice on or before the
Commencement Date. No promise of Landlord to alter, remodel, repair or improve
the Premises or the Building and no representation, express or implied,
respecting any matter or thing relating to the Premises or Building or this
Lease (including, without limitation, the condition of the Premises or the
Building) have been made to Tenant by Landlord or its Broker or Sales Agent,
other than as may be contained herein or in a separate exhibit or addendum
signed by Landlord and Tenant.
5. TERM.
5.01 The lease term shall commence on the Commencement Date of January
1, 1996 and shall be for a period of 36 months (3 years) ending December 31,
1998.
5.02 The option to extend this lease for an additional 3 years (36
months) is granted, provided they have been and are, incompliance with all terms
& conditions of this lease. The Tenant will provide, in writing, no later than
October 1, 1998,to excercise this option or vacate the premises.
6. USE OF PREMISES. The Leased Premises may be used and occupied only
for offices and for no other purpose without Landlord's prior written consent.
Landlord does not represent nor warrant that the premises can be used for such
purpose, as it is incumbent upon Tenant to ascertain from the proper
governmental authorities whether or not the premises can be used for Tenant's
intended use. Tenant shall promptly comply with all laws, ordinances, orders and
regulations affecting the Leased Premises and their cleanliness, safety,
occupation and use. Tenant shall not commit, or suffer to be committed, any
waste on the Premises, nor shall Tenant maintain, commit, or permit the
maintenance or commission of any nuisance, as defined in California Civil Code
Section 3479, on the Premises. This provision shall specifically preclude the
storage in or on the Premises, or release in or about
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the Premises, of hazardous materials as that term is defined in Federal and
California laws, statutes, rules and regulations.
7. UTILITIES INTERRUPTION. Landlord shall not be liable in
damages or otherwise for any failure or interruption of any utility
service, and no such failure or interruption shall entitle Tenant
to terminate this Lease or abate the rent and other charges.
8. ALTERATIONS, MECHANICS LIENS.
8.01 Alterations may not be made to the Leased Premises without the
prior written consent of Landlord and any alterations of the Leased Premises
except movable furniture and trade fixtures shall at Landlord's option become
part of the realty and belong to the Landlord.
9. FIRE INSURANCE HAZARDS.
9.01 No use shall be made or permitted to be made of the Leased
Premises, nor acts done, which will increase the existing rate of insurance upon
the Building or cause the cancellation of any insurance policy covering the
Building, or any part thereof, nor shall Tenant sell, or permit to be kept, used
or sold, in or about the Leased Premises, any article which may be prohibited by
the standard form of fire insurance policies. Tenant shall, at its sole cost and
expense, comply with any and all requirements pertaining to the Leased Premises
of any insurance organization or company, necessary for the maintenance of
reasonable fire and public liability insurance, covering the Leased Premises, or
the Building of which it is a part. Tenant agrees to pay to Landlord as
additional rent, any increase in premiums on policies which may be carried by
Landlord on the Leased Premises covering damages to the Building and loss of
rent caused by fire and the perils normally included in extended coverage above
the rates for the least hazardous type of occupancy for industrial, warehousing,
office and distribution operations.
9.02 Tenant shall maintain in full force and effect on all of its
fixtures and equipment in the Leased Premises a policy or policies of fire and
extended coverage insurance with malicious mischief and theft endorsements to
the extent of at least eighty percent (80%) of their insurable value. During the
term of this Lease the proceeds from any such policy or policies of insurance
shall be used for the repair or replacement of the fixtures and equipment so
insured. Landlord shall have no interest in the insurance upon Tenant's
equipment ad fixtures and will sign all documents necessary or proper in
connection with the settlement of any claim or loss by Tenant. Landlord will not
carry insurance on Tenant's possessions, nor on any leasehold improvements made
by Tenant. Tenant shall furnish Landlord with a certificate of such policy
within thirty (30) days of the commencement of this Lease
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and whenever required shall satisfy Landlord that such policy is in full force
and effect.
10. LIABILITY INSURANCE. Tenant, commencing upon Tenant's initial entry
into the premises, at its own expense, shall provide and keep in force with
companies acceptable to Landlord public liability insurance for the benefit of
Landlord and Tenant jointly against liability for bodily injury and property
damage in the amount of not less than One Million Dollars ($1,000,000) in
respect to injuries to or death of one person and in an amount of not less than
Two Million Dollars ($2,000,000) in respect to injuries to or death of more than
one person in any one occurrence, and in the amount of not less than Four
Hundred Ninety-Five Thousand Dollars ($495,000) per occurrence in respect to
damage to property, such limits to be in any greater amounts as may be
reasonably indicated by circumstances from time to time existing. Tenant shall
upon occupancy furnish Landlord with a certificate of such policy and whenever
required shall satisfy Landlord that such policy is in full force and effect.
Such policy shall name Landlord as an additional insured and shall be primary
and non-contributing with any insurance carried by Landlord. The policy shall
further provide that it shall not be canceled or altered without twenty (20)
days' prior written notice to Landlord. Insurance required hereunder shall be in
companies rated A+, AAA or better in "Best's Insurance Guide."
11. INDEMNIFICATION BY TENANT.
11.01 This Lease is made on the express condition that Landlord shall
not be liable for or suffer loss by reason of injury to person or property from
any cause (excluding Landlord's negligent act or omission and excluding any
environmental matters not caused by Tenant) in any way connected with the
condition or use of the Leased Premises or the installation or construction of
improvements or personal property therein, including without limitation any
liability for injury to the person or property of Tenant, its agents, officers,
employees or invitees. Tenant agrees to indemnify Landlord and hold it harmless
from any and all liability, loss, cost, or obligation on account of, or arising
out of, any such injury or loss.
11.02 In case any action, suit or proceeding is brought against
Landlord by reason of any such occurrence, under the paragraph above, Tenant,
upon Landlord's request, will at Tenant's expense, resist and defend such
action, suit or proceeding, or cause the same to be resisted and defended by
counsel designated by the insurer whose policy covers the occurrence or by
counsel designated by Tenant and approved by Landlord. The obligations of Tenant
under this section arising by reason of any occurrence taking place during the
Lease Term shall survive any termination of this Lease.
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12. REPAIRS.
12.01 Tenant shall, at Tenant's sole cost and expense, keep the
Premises and every part thereof in good condition and repair (except as
hereinafter provided with respect to Landlord's obligations) including without
limitation, the maintenance, replacement and repair of any storefront, doors,
window casements and glazing. Tenant shall, upon the expiration or sooner
termina tion of this Lease hereof, surrender the Leased Premises to the Landlord
in good condition, broom clean, ordinary wear and tear and damage from causes
beyond the reasonable control of Tenant excepted. Any damage to adjacent
premises caused by Tenant's use of the Premises shall be repaired at the sole
cost and expense of Tenant.
12.02 Notwithstanding the Provisions of Paragraph 12.01 hereinabove,
Landlord shall repair and maintain the structural portions of the Leased
Premises, including the exterior walls and roof, plumbing, pipes, electrical
wiring and conduits, unless such maintenance and repairs are caused in part or
in whole by the act, neglect, fault or omission of any duty by the Tenant, its
agents, servants, employees, invitees, or any damage caused by breaking and
entering, in which case Tenant shall pay to Landlord the reasonable cost of such
maintenance and repairs. All costs and expenses of Landlord under this Paragraph
12.02 shall be Project Operating Costs under Paragraph 3.01. Landlord shall not
be liable for any failure to make any such repairs or to perform any maintenance
unless such failure shall persist for an unreasonable time after written notice
of the need of such repairs or maintenance is given to Landlord by Tenant.
Except as provided in Article 16 hereof, there shall be no abatement of rent and
no liability of Landlord by reason of any injury to or interference with
Tenant's business arising from the making of any repairs, alterations or
improvements in or to any portion of the Leased Premises or building of which
the Leased Premises are a part, or in or to fixtures, appurtenances and
equipment therein. Tenant waives the right to make repairs at Landlord's expense
under any law, statute or ordinance now or hereafter in effect.
13. PARKING AND COMMON AREAS. Tenant, for the use and benefit of
Tenant, its agents, employees, customers, licensees and subtenants, shall have
the non-exclusive right in common with Landlord, and other present and future
owners, tenants and their agents, employees, customers, licensees and
subtenants, to use the Common areas and parking garage adjacent to the building
during the entire term of this Lease, for ingress and egress, and automobile
parking.
14. SIGNS. The Tenant shall obtain Landlord's approval
before signs are placed on the exterior and/or interior of the
Building.
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15. ENTRY BY LANDLORD. Tenant shall permit Landlord and Landlord's
agents to enter the Leased Premises after business hours on weekdays, and on
weekends, for the purpose of inspecting the same or for the purpose of
maintaining the Leased Premises or adjacent premises or for the purpose of
making repairs, altera tions, or additions to any portion of same including the
erection and maintenance of such scaffolding, canopies, fences, and props as may
be required, or for the purpose of posting notices of non-responsibility for
alterations, additions, or repairs without any rebate of rent and without any
liability to Tenant for any loss of occupation or quiet enjoyment of the Leased
Premises thereby occasioned. For each of the aforesaid purposes, Landlord shall
at all times have and retain a key with which to unlock all of the doors in,
upon and about the Leased Premises, excluding Tenant's vaults and safes. The
tenant shall not alter any lock or install a new or additional lock or any bolt
on any door of the Leased Premises without prior written consent of the
Landlord. If Landlord shall give its consent, the Tenant shall in each case
furnish the Landlord with a key for any such lock.
16. DESTRUCTION OR DAMAGE.
16.01 If the Premises or the portion of the Building necessary for
Tenant's occupancy is damaged by fire, earthquake, act of God, the elements or
other casualty, Landlord shall, subject to the provisions of this Article,
promptly repair the damage, if such repairs can, in Landlord's opinion, be
completed within (90) ninety days. If Landlord determines that repairs can be
completed within ninety (90) days, this Lease shall remain in full force and
effect, except that if such damage is not the result of the negligence or
willful misconduct of Tenant or Tenant's agents, employees, contractors,
licensees or invitees, the Base Rent shall be abated to the extent Tenant's use
of the Premises is impaired, commencing with the date of damage and continuing
until completion of the repairs required of Landlord under Paragraph 16.04.
16.02. If in Landlord's opinion, such repairs to the Premises or
portion of the Building necessary for Tenant's occupancy cannot be completed
within ninety (90) days, Landlord shall notify Tenant of that opinion in writing
within thirty (30) days after the date of such fire or other casualty. In such
event, Landlord and Tenant may each terminate this Lease unilaterally by giving
the other party written notice of such termination within 15 days of the
effective date of the notice described above, and this Lease shall terminate as
of the date of such fire or casualty. If neither party notifies the other of
such termination, this Lease shall continue in full force and effect, but the
Base Rent shall be partially abated as provided in Paragraph 16.01.
16.03(a) If any other portion of the Building or Project is totally
destroyed or damaged to the extent that in Landlord's opinion repair thereof
cannot be completed within ninety (90) days,
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Landlord may elect upon notice to Tenant given within thirty (30) days after the
date of such fire or other casualty, to repair such damage, in which event this
Lease shall continue in full force and effect, but the Base Rent shall be
partially abated as provided in Paragraph 16.01. If Landlord does not elect to
make such repairs, this Lease shall terminate as of the date of such fire or
other casualty.
16.03(b) If any other such portion of the Building or Project is
totally destroyed or damaged to the extent that in Landlord's opinion repair
thereof cannot be completed within ninety (90) days, and Tenant's business
operations are substantially and adversely impacted by such damage, and Landlord
elects to repair such damage, then, nevertheless, Tenant shall have the right to
terminate this Lease if the substantial adverse impact is not cured by Landlord
within one hundred fifty (150) days of the date of such fire or casualty. Tenant
shall exercise this right by giving written notice to Landlord no later than one
hundred fifty-five (155) days after the date of such fire or casualty.
16.04 If the Premises are to be repaired under this Article, Landlord
shall repair at its cost any injury or damage to the Building and standard
tenant improvements in the Premises. Tenant shall be responsible at its sole
cost and expense for the repair, restoration and replacement of any other
Leasehold improvements and Tenant's Property. Landlord shall not be liable for
any loss of business, inconvenience or annoyance arising from any repair or
restoration of any portion of the Premises or Building as a result of any damage
from fire or other casualty.
16.05 This Lease shall be considered an express agreement governing any
case of damage to or destruction of the Premises or Building by fire or other
casualty, and any present or future law which purports to govern the rights of
Landlord and Tenant in such circumstances in the absence of express agreement,
shall have no application. The opinions and determinations of Landlord under
this Section 16 shall be reasonable.
17. ASSIGNMENT AND SUBLETTING. Tenant shall not either voluntarily, or
by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber
this Lease or any interest therein, and shall not sublet the Leased Premises or
any part thereof, or any right or privilege appurtenant thereto, or allow any
other person (the employees, agents, servants and invitees or Tenant excepted)
to occupy or use the Leased Premises, or any portion thereof, without the
written consent of Landlord first had and obtained, which consent shall not be
unreasonably withheld. A consent to one assignment, subletting, occupation or
use by any other person shall not be deemed to be a consent to any subsequent
assignment, subletting, occupation or use by another persona. Consent to any
such assignment or subletting shall not relieve Tenant of any liability under
this Lease. Any such assignment or
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subletting without such consent shall be void, and shall, at the option of the
Landlord, constitute a default under the terms of this Lease.
In the event that Landlord shall consent to a sublease or
assignment hereunder, Tenant shall pay Landlord reasonable fees, not to exceed
One Thousand Dollars ($1,000.00), incurred in connection with the processing of
documents necessary to giving of such consent and assumption by the assignee.
18. TENANT'S DEFAULT. The occurrence of any one or more of
the following events shall constitute a default and breach of this
Lease by Tenant:
A. The vacating or abandonment of the Premises by
Tenant.
B. The failure by Tenant to make any payment or rent or
any other payment required to be made by Tenant hereunder, as and
when due.
C. The failure by Tenant to observe or perform any of the
covenants, conditions or provisions of this Lease to be observed or performed by
the Tenant, other than described in B, above, where such failure shall continue
for a period of fifteen (15) days after written notice thereof by Landlord to
Tenant; provided, however, that if the nature of Tenant's default is such that
more than fifteen (15) days are reasonably required for its cure, then Tenant
shall not be deemed to be in default if Tenant commences such cure within said
fifteen (15) days period and thereafter diligently prosecutes such cure to
completion.
D. The making by Tenant of any general assignment or general
arrangement for the benefit of creditors; or the filing by or against Tenant of
a petition to have Tenant adjudged a bankrupt, or a petition or reorganization
or arrangement under any law relating to bankruptcy (unless, in the case of a
petition filed against Tenant, the same is dismissed within sixty (60) days); or
the appointment of a trustee or a receiver to take possession of substantially
all of Tenant's assets located at the Premises or of Tenant's interest in this
Lease, where possession is not restored to Tenant within thirty (30) days; or
the attachment, execution or other judicial seizure of substantially all of
Tenant's assets located at the Leased Premises or of Tenant's interest in this
Lease, where such seizure is not discharged in thirty (30) days.
19. REMEDIES ON DEFAULT. In the event of any such default or
breach by Tenant, Landlord may at any time thereafter, with or
without notice or demand and without limiting Landlord in the
exercise of a right or remedy which Landlord may have by reason of
such default or breach:
12
A. Terminate Tenant's right to possession of the Premises by
any lawful means, in which case this Lease shall terminate and Tenant shall
immediately surrender possession of the Premises to Landlord. In such event
Landlord shall be entitled to recover from Tenant all damages incurred by
Landlord by reason of Tenant's default including, but not limited to: the cost
of recovering possession of the Premises; expenses of reletting, including
necessary renovation and alteration of the Premises; reasonable attorney's fees;
the worth at the time of award by the court having jurisdiction thereof of the
amount by which the unpaid rent and other charges and adjustments called for
herein for the balance of the term after the time of such award exceeds the
amount of such loss for the same period that Tenant proves could be reasonably
avoided; and that portion of any leasing commission paid by Landlord and
applicable to the unexpired term of this Lease. Unpaid installments of rent or
other sums shall bear interest from the date due at the rate of ten percent
(10%) per annum. "Worth" as used in this provision, is computed by discounting
the total at the discount rate of the Federal Reserve Bank of San Francisco at
the time of the judgment, or award, plus one percent (1%).
B. Maintain Tenant's right to possession, in which case this
Lease shall continue in effect whether or not Tenant shall have abandoned the
Premises. In such event, Landlord shall be entitled to enforce all of Landlord's
rights and remedies under this Lease, including the right to recover the rent
and any other charges and adjustments as may become due hereunder; or
C. Pursue any other remedy now or hereafter available
to Landlord under the laws or judicial decisions of the State in
which the Premises are located.
20. LANDLORD'S RIGHT TO CURE DEFAULTS. Landlord may, but shall not be
obligated to, cure, any anytime, without notice, any default by Tenant under
this Lease; and whenever Landlord so elects, all costs and expenses incurred by
Landlord including without limitation reasonable attorney's fees and expenses,
together with interest on the amount of costs and expenses so incurred at the
maximum legal rate then in effect in the State of California shall be paid by
Tenant to Landlord on demand.
21. DEFAULT BY LANDLORD. Landlord shall not be in default unless
Landlord or the beneficiary under any deed of trust fails to perform obligations
required of Landlord within a reasonable time, but in no event later than thirty
(30) days after written notice by Tenant to Landlord and to the beneficiary of
any deed of trust covering the Premises whose name and address shall have
theretofore been furnished to Tenant in writing, specifying wherein Landlord has
failed to perform such obligation; provided, however, that if the nature of
Landlord's obligation is such that more than thirty (30) days are required for
performance, then Landlord shall not be in default if Landlord or said
beneficiary commences performance
13
within such thirty (30) day period and thereafter diligently prosecutes the same
to completion. In no event shall Tenant have the right to terminate this Lease
as a result of Landlord's default and Tenant's remedies shall be limited to
damages and/or an injunction.
22. ATTORNEY'S FEES/COLLECTION CHARGES. In the event of any legal
action or proceeding between the parties hereto, reasonable attorney's fees and
expenses of the prevailing party in any such action or proceeding may be added
to the judgment therein, including attorney's fees on appeal. In addition to the
charges provided for above, Tenant shall pay a charge of $25.00 to Landlord for
preparation of each demand for delinquent rent.
23. SURRENDER OF LEASE NOT MERGER. The voluntary or other surrender of
this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger,
and shall, at the option of Landlord terminate all or any existing subleases,
and/or subtenan cies, or may, at the option of Landlord, operate as an
assignment to it of any or all of such subleases or subtenancies.
24. CONDEMNATION. If any part of the Leased Premises or the building of
which it is a part, or the Center or parking or common areas therein, shall be
taken or condemned for a public or quasi-public use, and a part thereof remains
which is reasonably suitable for Tenant's purposes hereunder, this Lease shall,
as to the part so taken, terminate as of the date title shall vest in the
condemnor, and the rent payable hereunder shall be equitably adjusted. If all
the Leased Premises, or such part thereof be taken or condemned so that there
does not remain a portion reasonably suitable for Tenant's purposes hereunder,
this Lease shall thereupon terminate.
25. WAIVER. The waiver by Landlord of any breach of any term, covenant,
or condition herein contained shall not be deemed to be a waiver of such term,
covenant, or condition or any subsequent breach of the same or any other term,
covenant, or condition herein contained. The subsequent acceptance of rent
hereunder by Landlord shall not be deemed to be a waiver of any preceding breach
by Tenant of any term, covenant, or condition of this Lease, other than the
failure of Tenant to pay the particular rental so accepted, regardless of
Landlord's knowledge of such preceding breach at the time of acceptance of such
rent.
26. EFFECT OF HOLDING OVER. If Tenant should remain in possession of
the Leased Premises after the expiration of the Lease Term and without executing
a new Lease, then such holding over shall be construed as a tenancy from
month-to-month, subject to all the conditions, provisions, and obligations of
this Lease insofar as the same are applicable to a month-to-month tenancy;
provided, however, that Base Rent during any such holding over shall be 150%
14
of the Base Rent in effect immediately prior to the expiration of
the Lease term.
27. TENANT'S STATEMENT. Tenant shall at any time and from
time to time upon not less than five (5) days prior written notice
from Landlord execute, acknowledge and deliver to Landlord a statement in
writing (a) certifying that this Lease is unmodified and in full force and
effect (or, if modified, stating the nature of such modification and certifying
that this Lease as so modified is in full force and effect), and the date to
which the rental and +other charges are paid in advance, if any, and (b)
acknowledging that there are not, to Tenant's knowledge, any uncured defaults on
the part of the Landlord hereunder, or specifying such defaults if any are
claimed, and (c) setting forth the date of commencement of rents and expiration
of the term hereof. Any such statement may be relied upon by any prospective
purchaser or encumbrancer of all or any portion of the real property of which
the Premises are a part.
28. TENANT'S FINANCIAL INFORMATION. Tenant shall promptly
furnish to Landlord, from time to time, financial statements and
annual reports, reflecting Tenant's current financial condition, whenever
requested by Landlord.
29. RELATIONSHIP OF THE PARTIES. Nothing contained herein
shall be deemed or construed by the parties hereto nor by any third
party, as creating the relationship of principal and agent or of partnership or
of joint venture between the parties hereto, it being understood and agreed that
neither the method of computation of rent nor any other provision contained
herein, nor any acts of the parties hereto, shall be deemed to create any
relationship other than Landlord and Tenant.
30. RULES AND REGULATIONS. Tenant shall faithfully observe and comply
with all reasonable rules and regulations that Landlord shall from time to time
promulgate and/or modify (see Exhibit "C" attached hereto). The rules and
regulations shall be binding upon the Tenant upon delivery of a copy of them to
Tenant. Landlord shall not be responsible to Tenant for the nonperformance of
any said rules and regulations by any other tenants or occupants. Said rules may
include (1) the restricting of employee parking, and (2) regulation of waste
removal.
31. GENERAL PROVISIONS.
31.01 Plats and Riders. Clauses, plats, riders and
addendums, if any, affixed to this Lease are a part hereof.
31.02 Venue. Landlord will execute this Lease and will receive the rent
and other payments at Landlord's office. Therefore the county in which
Landlord's office is located is hereby deemed to be a proper place of venue for
transitory actions.
15
31.03 Marginal Headings. The marginal headings and
article titles to the articles of this Lease are not a part of this
Lease and shall have no effect upon the construction or interpreta
tion of any part hereof.
31.04 Time. Time is of the essence of this Lease and each
and all of its provisions in which performance is a factor.
31.05. Successors and Assigns. The covenants and condi
tions herein contained, subject to the provisions as to assignment,
apply to and bind the heirs, successors, executors, administrators
and assigns of the parties hereto.
31.06. Recordation. Neither Landlord nor Tenant shall
record this Lease, but a short form memorandum hereof may be
recorded at the request of the Landlord.
31.07. Quiet Possession. Upon Tenant paying the rent reserved hereunder
and observing and performing all of the covenants, conditions and provisions on
Tenant's part to be observed and performed hereunder, Tenant shall have quiet
posses sion of the Premises for the entire term hereof, subject to all the
provisions of this Lease.
31.08. Prior Agreements. This Lease contains all of the agreements of
the parties hereto with respect to any matter covered or mentioned in this
Lease, and no prior agreements or understand ing pertaining to any such matter
shall be effective for any purpose. No provision of this Lease may be amended or
added to except by an agreement in writing signed by the parties hereto or their
respective successors in interest. This Lease shall not be effective or binding
on any party until fully executed by both parties hereto.
31.09. Inability to Perform. This lease and the obliga tions of the
Tenant hereunder shall not be affected or impaired because the Landlord is
unable to fulfill any of its obligations hereunder or is delayed in doing so, if
such inability or delay is caused by reason of strike, labor troubles, acts of
God, or any other cause beyond the reasonable control of the Landlord.
31.10. Partial Invalidity. Any provision of this Lease
which shall prove to be invalid, void, or illegal shall in no way
affect,impair or invalidate any other provisions hereof and such
other provision shall remain in full force and effect.
31.11. Cumulative Remedies. No remedy or election
hereunder shall be deemed exclusive but shall, wherever possible,
be cumulative with all other remedies at law or in equity.
31.12. Choice of Law. This Lease shall be governed by the
laws of the State of California.
16
31.13. Sale of Premises by Landlord. In the event of any sale of the
Premises by Landlord, Landlord shall be and is hereby entirely freed and
relieved of all liability under any and all of its covenants and obligations
contained in or derived from this Lease arising out of any act, occurrence or
omission occurring after the consummation of such sale; but only if the
purchaser at such sale or any subsequent sale of the Premises shall have assumed
and agreed to carry out any and all of the covenants and obliga tions of the
Landlord under this Lease.
31.14. Subordination, Attornment. Upon request of the Landlord, Tenant
will in writing subordinate its rights hereunder to the lien of any mortgage, or
deed of trust, to any bank, insurance company or other lender (including the
Building owner and its successors and assigns) now or hereafter in force against
the premises, and to all advances made or hereafter to be made upon the security
thereof, provided that such company or institution agrees to honor this Lease
for the full term hereof so long as Tenant is not in default hereunder.
In the event any proceedings are brought for foreclosure, or in the
event of the exercise of the power of sale under any mortgage or deed of trust
made by the Landlord covering the Premises, the Tenant shall attorn to the
purchaser upon any such foreclosure or sale and recognize such purchaser as the
Landlord under this Lease.
31.15. Notices. All notices and demands which may be or are required or
permitted to be given by either party on the other hereunder shall be in
writing. All notices and demands by the Landlord to the Tenant shall be sent by
United States Mail, postage prepaid, addressed to the Tenant at the Premises,
and to the address hereinbelow, or to such other place as Tenant may from time
to time designate in a notice to the Landlord. All notices and demands by the
Tenant to the Landlord shall be sent by United States Mail, postage prepaid,
addressed to the Landlord at the address set forth herein, and to such other
person or place as the Landlord may from time to time designate in a notice to
the Tenant.
To Landlord at: NINE C CORPORATION
P.O. Box 5764
Redwood City, CA 94063
To Tenant at: Bay Area Bank
900 Veterans Blvd.
Redwood City, CA 94063
32. SERVICES TO PREMISES. Notwithstanding anything herein to
the contrary, the Landlord shall provide water, power, heating, air
conditioning, janitorial and other services, including but not
limited to floor waxing, trash removal, window washing and all
facilities regarding maintenance of the exterior of the building,
17
including gardening, subject to payment or reimbursement by Tenant
as provided herein.
Exhibit "B" hereto more completely sets forth the types and
frequency of service and the minimum acceptable service standard levels.
33. VALIDITY OF LEASE. The Lease shall be effective only
after Tenant has received a fully executed copy of this Lease from
Landlord.
34. TOXIC/HAZARDOUS MATERIALS CONSIDERATION. Upon request
Lessor will make available a Toxic Report that shows Benzene under
the garage area. This is being monitored by the County Health
Department at this time. Lessor believes it does not present a
hazard.
18
THE PARTIES HAVE EXECUTED THIS LEASE THE DATE AND YEAR SET BELOW THEIR
SIGNATURE:
LANDLORD TENANT
NINE-C CORPORATION BAY AREA BANK
By:____________________________ By:____________________________
James E. Burney
Title: President Title: President
Date:__________________________ Date:__________________________
By:_________________________
Title:
9c30.95
19
Exhibit "A"
[Exhibit A consists of a scale drawing of the floor on which the premises are
located, showing the leased premises by sharing.]
Exhibit "B"
CLEANING SPECIFICATIONS
Significant Cleaning Services will perform the following services:
1. DAILY FIVE DAYS PER WEEK
A. General
1. Hand dust and/or damp wipe and/or wash counters, file
cabinets, desks, telephones, chairs, tables and other
office furniture.
2. Empty all ashtrays and urns, damp wipe or wash.
3. Hand dust all ledges and flat surfaces within reach.
4. Gather all waste paper, replace plastic liners as
needed and place for disposal.
5. Remove fingerprints and marks from woodwork, walls,
doors, partitions and partition glass.
6. Properly arrange all furniture.
7. Sweep all resilient tile floors and spot mop any soiled
areas.
8. Vacuum all carpeted areas and spot clean as needed.
9. Clean and sanitize drinking fountains.
10. Keep janitor closet neat and clean at all times.
11. Dry clean chalkboards and trays as needed. (If Erased)
12. Upon completion of work, leave only designated lights
on. Check windows, doors etc. prior to leaving building.
13. Lock all suite doors while performing cleaning.
B. RESTROOMS
1. Clean and refill dispensers from Customer's stock.
2. Clean and sanitize fixtures, polish chrome fittings.
3. Spot wash walls and partitions.
4. Clean and sanitize mirrors.
5. Damp mop and sanitize floors.
6. Dust around doors leading to bathrooms.
C. ENTRANCE WAYS/OUTSIDE PATIO AREAS
1. Clean entrance glass.
2. Clean and maintain entrance mats.
3. Sweep/mop entrance tile, vacuum carpeted areas.
4. Polish all bright metal.
5. Wet mop all tiled landings nightly.
6. Sweep/police outside entrance ways.
7. Empty ashtrays of debris and remove any debris in the
area surrounding ashtrays.
D. LUNCH ROOMS OR EATING AREAS
1. Sweep/mop all floors.
2. Gather all trash, replace plastic liners in receptacles
and place for disposal.
3. Properly arrange all furniture.
4. Clean all table tops.
E. ASSEMBLY AREAS (Labs, Machine shops, etc.)
1. Sweep/mop all floors.
2. Gather all trash, furnish and replace plastic liners as
needed in receptacles and place for disposal.
3. Remove fingerprints and marks from walls, partitions,
doors, and partition glass.
4. Hand dust all ledges and flat surfaces within reach.
F. COMPUTER ROOMS
1. Sweep/mop all floors.
2. Gather all trash, furnish and replace plastic liners as
needed in receptacles and place for disposal.
3. Remove fingerprints and marks from walls, partitions,
doors, and partition glass.
G. STOCK ROOMS
1. Sweep/mop all floors
2. Gather all trash and place for disposal.
II. PERIODIC CLEANINGS
A. FLOORS
1. Scrub and refinish all tiled areas quarterly.
B. GENERAL
1. Once each 30 days
a. High dust overhead vents, ceiling around
light fixtures, ledges etc.
b. Vacuum fabric drapes anad upholstered furniture.
C. RESTROOMS
1. Once each quarter
a. Wash down and sanitize walls and partitions.
b. Machine scrub floors and seal.
D. WINDOWS
1. Monthly
a. Wash all lobby glass inside and out.
E. RETURN REGISTERS
1. Clean twice yearly.
All work to be performed after general working hours and/or
weekends as desired.
EXHIBIT "C"
RULES AND REGULATIONS
Tenant, its contractors, employees, agents, visitors, guests and licensees shall
faithfully observe and comply with the rules and regulations set forth herein,
and such additional rules and regulations as Landlord hereafter at any time from
time to time may make and communicate in writing to Tenant, which, in the
judgment of Landlord, shall be necessary or desirable for the reputation,
safety, care of appearance of the Building, or the preservation of good order
therein, or the operation or maintenance of the building, or the equipment
thereof, or the comfort of Tenant or others in the Building, provided, however,
that in the case of any conflict between the provisions of the Lease and any
such rules & regulations, the provisions of the Lease shall control, and
provided further that nothing contained in the Lease shall be construed to
impose upon Landlord any duty or obligation to enforce the rules and regulations
or the terms, covenants or conditions in any other lease as against any other
Tenant for violation of the same by any other tenant, its servants, employees,
agents, visitors, invitees, lessees or licensees.
1. The rights of Tenant in the entrances, corridors, elevators and escalators
of the Building are limited to ingress and egress from the Tenant's Demised
Premises for the Tenant and its employees, licensees and invitees, and
Tenant shall not use, or permit the use of the entrances, corridors,
escalators or elevators for an other purpose. Tenant shall not invite to
the Tenant's Demised Premises, or permit the visit of, persons in such
numbers or under such conditions as to interfere with the use and enjoyment
of any of the plazas, parking areas, entrances, corridors, escalators,
elevators and other facilities of the Building by other tenants. Fire exits
and stairways are for emergency use only, and they shall not be used for
any other purpose by the Tenant, its employees, licensees, or invitees.
Tenant shall not encumber or obstruct, or permit the encumbrances for
obstruction of any of the lobbies , sidewalks, plazas, parking areas,
entrances, corridors, escalators, elevators, fire exits, stairways or other
public portions of the Building. The Landlord reserves the right to control
and operate the public portions of the building and the public facilities,
as well as facilities furnished for the common use of the Tenant, in such
manner as it deems best for the benefit of the Tenant generally.
INITIAL_________
1
2. The Landlord may refuse admission to the Building outside of ordinary
business hours to any person not known to the watchman in charge or not
having a pass issued by the Landlord or not properly identified, and may
require all persons admitted to or leaving the Building outside of ordinary
business hours to register. Tenant, employees, agents and visitors shall be
permitted to enter and leave the Building whenever appropriate arrangements
have been previously made between the Landlord an Tenant with respect
thereto. Tenant shall be responsible for all persons for whom Tenant
requests such permission and shall be liable to the Landlord for all acts
of such persons. Any person whose presence in the Building at any time
shall, in the judgment of the Landlord, be prejudicial to the safety,
character, reputation and interests of the Building or its Tenant may be
denied access to the Building or may be ejected therefrom. In the case of
invasion, riot, public excitement or other commotions, the Landlord may
prevent all access to the Building during the continuance of the same, by
closing the doors or otherwise, for the safety of the Tenant and protection
of property in the Building. The Landlord may require any person leaving
the Building with any package or other object to exhibit a pass from the
Tenant from whose Demised Premises the package or object is being removed,
but the establishment and enforcement of such requirement shall not impose
any responsibility on the Landlord for the protection of any Tenant against
the removal of property from the Demised Premises of the Tenant. The
Landlord shall, in no way, be liable to any Tenant for damages or loss
arising from the admission, exclusion or ejection of any person to or from
the Tenant's Demised Premises for the Building under provisions of this
rule.
3. Tenant shall not obtain or accept for use in its Demised Premises food,
beverage, towel, barbering, boot blacking, floor polishing, lighting
maintenance, cleaning, messenger service or other similar services from
any persons not authorized by the Landlord in writing to furnish such
services, provided always that the charges for such services by persons
authorized by the Landlord are not excessive. Such services shall be
furnished only at such hours in such places within the Tenant's Demised
Premises and under such regulations as may be fixed by the Landlord.
4. There shall not be used in any space, or in the public halls of the
Building, either by the Tenant or by jobbers or others, in the delivery
or receipt of merchandise, any hand trucks, except those equipped with
rubber tires and side guards.
2 INITIAL__________
5. No noise, including the playing of any musical instruments, radio or
television which, in the judgment of the Landlord, might disturb other
lessees in the Building, shall be made or permitted by Tenant, and no
cooking shall be done in the Tenant's Demised Premises, except as expressly
approved by the Landlord in writing. Nothing shall be done or kept in
Tenant's Demised Premises which would impair or interfere with any of the
Building services or the proper and economic heating, cleaning or other
servicing of the Building or the Demised Premises, or the use or enjoyment
by any other lessee of any other Demised Premises, nor shall there be
installed by Tenant any ventilating, air conditioning, electrical or other
equipment of any kind which, in the judgment of the Landlord, might cause
any such impairment or interference. No dangerous, flammable, combustible
or explosive object or material shall be brought into the building by
Tenant or with the permission of any lessee.
6. Tenant shall not install vending machines in the Demised Premises without
the written consent of Landlord.
7. No acids, vapors or other materials shall be discharged or permitted to be
discharged into the waste lines, vents or flues of the Building which may
damage them. The water and wash closets and other plumbing fixtures in or
serving Tenant's Demised Premises shall not be used for any purpose other
than the purpose for which they were designed or constructed, and no
sweepings, rubbish, rags, acids or other foreign substances shall be
deposited therein. All damages resulting from any misuse of the fixtures
shall be borne by the Tenant who, or whose servants, employees, agents,
visitors or licensees, shall have caused the same. All cost of repairs to
special installed plumbing fixtures in Tenant's Demised Premises shall be
at Tenant's expense whether initial installation was paid for by Landlord
or Tenant.
8. No sign, placard, picture, advertisement, name or notice shall be
inscribed, displayed or printed or affixed on or to any part of the
outside or inside of the Building without the written consent of
Landlord first had and obtained, and Landlord shall have the right to
remove any such sign, placard, picture, advertisement, name or notice
without notice to and at the expense of Tenant. All approved signs or
lettering on doors shall be printed, painted, affixed or inscribed a
the expense of Tenant by a person approved of by the Landlord.
3 INITIAL_______
9. The toilet rooms, urinals, wash bowls and other apparatus shall not be
used for any purpose other than that for which they were constructed
and no foreign substance of any kind whatsoever shall be thrown
therein, and the expense of any breakage, stoppage or damage resulting
from the violation of this rule shall be borne by the Tenant who, or
whose employees or invitees, shall have caused it.
10. Tenant shall not overload the floor of the Demised Premises or in any way
deface the Demised Premises or any part thereof.
11. No furniture, freight or equipment of any kind shall be brought into the
building without the prior notice to Landlord and all moving of the same
into or out of the building shall be done at such time and in such manner
as Landlord shall designate. Landlord shall have the right to prescribe the
weight, size and position of all safes and other heavy equipment brought
into the building and also the times and manner of moving the same in and
out of the Building. Safes or other heavy objects shall, if considered
necessary by Landlord, stand on supports of such thickness as is necessary
to properly distribute the weight. Landlord will not be responsible for
loss of or damage to any such safe or property from any cause, and all
damage done to the Building by moving or maintaining any such safe or other
property shall be repaired at the expense of Tenant.
12. Landlord will direct electricians as to where and how telephone and
telegraph wires are to introduced. No boring or cutting for wires will
be allowed without the consent of the Landlord. The locations of
telephones, call boxes and other office equipment affixed to the
Demised Premises shall be subject to the approval of Landlord.
13. Landlord reserves the right to exclude or expel from the Building any
person who, in the judgment of Landlord, is intoxicated or under the
influence of liquor or drugs, or who shall in any manner do any act in
violation of any of the rules and regulations of the Building.
14. Tenant shall not alter any lock or install any new or additional locks or
any bolts of any doors or windows of the Premises.
4 INITIAL__________
15. Landlord shall have the right to control and operate the public
portions of the Building, and the public facilities, and heating and
air conditioning, as well as facilities furnished for the common use of
the Tenant, in such manner as it deems best for the benefit of the
Tenant generally.
16. All entrance doors in the Demised Premises shall be left locked when
the Demised Premises are not in use, and all doors opening to public
corridors shall be kept closed except for normal ingress and egress
from the Demised Premises.
17. Landlord shall not be responsible for replacing or repairing any
interior light fixtures, ballasts, tubes or bulbs other than for normal
drop-in fluorescent 2' x 4' fixtures which are located in Tenant's
Demised Premises.
18. Tenant shall pay for any and all costs of extra trash removal above
that trash constituted as normal office waste. Extra trash in this
instance means, but is not limited to packing, crates, boxes, or
insulation whether created from moving in, moving out, or in the
day-to-day operation of the Tenant's business.
19. Tenant must supply desk chair pads for every desk.
20. Monthly rental not received by our office within seven (7) days of its
due date shall incur a late charge of TEN percent (10%) of the rent
rate then in effect or the maximum charge allowable by the then current
law, whichever is greater. This charge will be assessed as liquidated
damages for said late payment.
21. Nothing is to be placed on or hung from the suspended ceiling including
plants, brackets, hooks or decorative items.
5 INITIAL_________
READ AND APPROVED:
NINE-C CORPORATION TENANT
BY: JAMES E. BURNEY BY:
TITLE: PRESIDENT TITLE:
DATE: DATE:
frm18.93a
6 INITAL__________