Revised 5/18/00
HUNTINGTON EXECUTIVE PARK
16052 - 16168 BEACH BOULEVARD
HUNTINGTON BEACH, CALIFORNIA 92647
LEASE
LANDLORD
HUNTINGTON EXECUTIVE PARK
A CALIFORNIA LIMITED PARTNERSHIP
TENANT
CHICAGO PIZZA & BREWERY, INC.,
A CALIFORNIA CORPORATION
PREMISES
16162 BEACH BOULEVARD
SUITE 100
HUNTINGTON BEACH, CA 92647
DATE OF LEASE
AUGUST 22, 2000
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TABLE OF CONTENTS
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Page
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1. Preamble 1
2. Leased Premises and Term 1
3. Construction on Premises 1
4. Rent on Premises 2
5. Taxes and Operating Costs 2
6. Use 2
7. Utilities 3
8. Assignment 3
9. Conditions of Premises and Repairs 3
10. Security Bond 3
11. Automobile Parking 3
12. Non-Liability of Landlord 4
13. Alterations and Liens 4
14. Rights of Landlord 4
15. Signs 4
16. Indemnification 4
17. Insurance 5
18. Estoppel Certificate 5
19. Compliance With Laws and Rules 5
20. Destruction 5
21. Condemnation 5
22. Involuntary Termination 6
23. Default 6
24. Attorney Fee 6
25. Holding Over 7
26. Building Rules 7
27. Representation 7
28. Injunction 7
29. Self-Help 7
30. Waiver 7
31. Relocation of Premises 7
32. Notice 7
33. Subordination 8
34. Late Charges 8
35. Miscellaneous 8
Exhibit A - Location of Premises
Exhibit B - Floor Plan
Exhibit C - Memorandum of Lease Commencement Date
Exhibit D - Rules and Regulations of the Park Referred to Herein Which
Constitute a Part of This Lease
9
PREAMBLE 1. THIS LEASE, made and executed this 22nd day of August,
2000 between HUNTINGTON EXECUTIVE PARK, A CALIFORNIA LIMITED PARTNERSHIP,
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hereinafter designated as Landlord, and, CHICAGO PIZZA & BREWERY, INC., A
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CALIFORNIA Corporation, hereinafter designated as Tenant.
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That for and in consideration of the covenants hereinafter
mentioned, the Landlord leases to the Tenant and the Tenant hereby leases from
the Landlord, the Premises shown and designated in Exhibit "A", attached hereto
and made a part hereof, and located in HUNTINGTON EXECUTIVE PARK (The Park) in
the City of Huntington Beach, Orange County, California.
LEASED PREMISES
AND TERM 2. The Premises shall be used by said Tenant as and for
Corporate Office
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and for no other purpose. This Lease shall be for a term beginning on the
Commencement Date, as hereinafter defined, and ending Five (5) year(s)
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from the day prior to the Commencement Date.
The Commencement Date shall be the earlier of the following:
(i)The date which is five (10) days after Landlord gives Tenant written notice
that the work, as set forth in detail in Exhibit "B" and Addendum #1, attached
hereto and made a part hereof, is substantially completed, pursuant to the plans
and specifications described in Exhibit "B" and Addendum #1 and the Premises are
ready for occupancy by Tenant, or (ii) The date on which Tenant occupies the
Premises. Promptly after the occurrence of the Commencement Date, Landlord and
Tenant shall execute and deliver an amendment to this Lease in the form attached
hereto as Exhibit "C" documenting the Commencement Date, term and expiration
date of the Lease.
In the event that Tenant shall cause any delay in the
completion of the work, as set forth in Exhibit "B" and Addendum #1, the
Commencement Date shall be the date the Premises would have been completed
except for such delay.
Subject to delay occasioned beyond the control of Landlord,
it shall use reasonable speed and diligence to cause the work, as set forth in
Exhibit "B" and Addendum #1, to be completed by October 1, 2000; provided,
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however, that failure to complete same by such date shall not affect the terms,
validity and commencement of this Lease and Landlord shall have no liability to
Tenant because thereof.
Said Premises shall consist of Five Thousand Four Hundred
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Forty-Seven ( 5,447 ) square feet of Office Area, as
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hereinafter defined, Six Thousand Three Hundred Nineteen ( 6,319
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) square feet of Rentable Area as hereinafter defined and Five Thousand Nine
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Hundred Ninety-Two ( 5,992 ) square feet of Modified Rentable Area,
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as hereinafter defined.
(a) Office Area. That area computed by measuring to the
center of the exterior glass
panels, to the center of the corridor or other permanent partitions, and to the
center of partitions that separate the Premises from other adjoining Office
Area.
(b) Rentable Area. That area which shall include the
Premises' Office Area, and the
proportionate share of areas used in common with other tenants.
(c) Modified Rentable Area. That area used for the purposes of
calculating rent by adding ten percent (10%) common area
factor to the Office Area.
CONSTRUCTION
ON PREMISES 3. The obligations of Landlord and Tenant to
perform the work and supply the materials necessary to prepare the Premises for
occupancy are set forth in detail in Exhibit "B" and Addendum #1. Landlord
shall expend all funds and do all acts required of it as set forth in Exhibit
"B" and Addendum #1, and shall have the work performed promptly and diligently
in a first class workmanlike manner. Tenant, at Tenant's expense, shall do all
acts required of it in Exhibit "B" and Addendum #1 , and shall perform
diligently all acts required of Tenant in a first class workmanlike manner.
Full payment for Tenant's share of improvement costs shall be made to Landlord
prior to Tenant's occupancy of the Premises. Landlord shall have the sole right
to initiate and to provide all work to be performed pursuant to Exhibit "B" and
Addendum #1 prior to the delivery of the Premises to Tenant. Landlord shall
have the right to designate the time period when any work required of Tenant is
to be performed, subject to not unduly delaying the completion of any such work
by Tenant.
Tenant, within ten (10) days after written notice from
Landlord, shall deliver to Landlord all information deemed necessary by Landlord
for the preparation of drawings and specifications for the performance of the
work described in Exhibit "B" and Addendum #1. After receipt of said
information, Landlord, at Landlord's expense, shall have prepared preliminary
drawings and specifications for said work. Upon completion thereof, Landlord
shall deliver said preliminary drawings and specifications to Tenant for
Tenant's approval. Tenant shall have ten (10) days to approve said preliminary
drawings and specifications in writing, which approval shall not be unreasonably
withheld. Upon the approval of said preliminary drawings and specifications,
Landlord, at Landlord's expense, shall have prepared final drawings and
specifications, which shall be delivered to Tenant for approval on the same
terms and conditions set forth above relating to the preliminary drawings and
specifications. Upon approval of said final drawings and specifications,
Landlord shall cause the work required to be initiated within a reasonable time
thereafter, and Landlord and Tenant, as the case may be shall prosecute and
complete the work required of them with reasonable diligence, subject, however,
to delays from causes beyond the control of either of them.
All improvements made to the Premises by Landlord shall
belong to Landlord and improvements by Tenant shall be subject to the same
provisions as set forth in the Article entitled Alterations and Liens.
(SEE PARAGRAPH 1 OF ADDENDUM #1 TO THE LEASE.)
RENT 4. The Tenant agrees to pay to the Landlord as rent
for said leased Premises the total sum of Five Hundred Forty-Two Thousand Eight
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Hundred Fifty-Six and 00/100($ 542,856), in monthly installments of Eight
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Thousand Six Hundred Eighty-Eight and 00/100 ($ 8,688.00) each installment
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payable in advance on the first day of each and every calendar month, without
notice, during the term hereof. In the event the Commencement Date of this
Lease is other than the first day of a calendar month, then the first
installment shall be adjusted accordingly and each subsequent payment shall be
made on the first day of the calendar month.
Concurrent with the execution of this Lease, Tenant shall pay Eight
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Thousand Six Hundred Eighty-Eight and 00/100 ($ 8,688.00), which shall be
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credited against the first full month's rent.
TAXES AND
OPERATING EXPENSES 5. Commencing with the calendar year 2001, Tenant
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shall pay, as additional rent, a pro-rata portion of any increases in taxes and
operating costs of the building over and above taxes and operating costs in
existence in the year 2000 (the "Base Year"). Tenant's pro-rata portion shall
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be 5.50 % resulting from dividing the number of square feet of Rentable Area
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of the Premises [which is Six Thousand Three Hundred Nineteen(6,319 ) square
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feet], by the number of square feet of Rentable Area of the total office area
for The Park (which is 114,841 square feet). "Comparison Year" shall mean any
calendar year during the term of the Lease following the Base Year. If the
Lease terminates on a date other than the end of a calendar year, then such year
shall also be treated as a Comparison Year except that any amount required to be
paid pursuant to this paragraph 5 for such Comparison Year shall be prorated
based on the number of days during such calendar year that Tenant occupies the
Premises. Building taxes shall include, but are not limited to, any city,
county and special district real estate taxes. Building and operating costs
shall include but are not limited to, the costs Landlord incurred for all
utilities, fuel, building supplies, janitorial service, security services,
normal maintenance and repairs of buildings, parking areas, lake areas and
landscaped areas, wages of employees who work customarily in and about the
buildings and whose duties are connected with its operation, maintenance or
repairs (including social security taxes, unemployment insurance costs,
disability benefits, the cost of pension, hospitalization and retirement plans),
costs of hazard insurance maintained by the Landlord and assessments payable by
the Landlord and allocable to the buildings. Operating costs shall be adjusted
to reflect a 90% occupancy of the buildings during any period in which the
buildings are not at least 90% occupied.
Commencing with the initial Comparison Year and each
Comparison Year thereafter, Tenant shall pay as additional rent, a prorata share
of any increases in taxes and expenses of the building over and above taxes and
expenses in existence the previous year. Within ninety (90) days after each
annual period, or within a reasonable time thereafter, Landlord shall furnish to
Tenant written notice, together with reasonable evidence indicating the increase
or decrease of taxes and/or operating costs, and Tenant's pro-rata proportion.
In the case of a decrease no adjustment will be made. In the event any such
written notice is furnished to Tenant showing an increase in the rent payable
hereunder for any annual period, Tenant shall pay to Landlord, within thirty
(30) days after such notice is furnished to Tenant, an amount equal to Tenant's
share of such increase for the annual period for which the increase is
effective, plus an amount equal to one twelfth (1/12th) of such increase
multiplied by the number of rent payment dates then elapsed during the then
current annual period. Thereafter, until a new statement is furnished, the
monthly rent payable by Tenant hereunder shall be increased by an amount equal
to one-twelfth (1/12th) of such annual rent increase.
If the term of this Lease expires and the Tenant
vacates the Premises, Tenant shall pay to Landlord the appropriate apportionment
of the pro rata increases of any taxes and operating costs in the year in which
this Lease expires.
Tenant shall pay, during the term hereof, prior to
delinquency, all taxes assessed on trade fixtures, personal property or
leasehold improvements installed by Tenant or in possession of Tenant in, upon
or about the Premises, and assessed against the real property of which the
Premises are a part. In the event any such taxes should be assessed against
said real property, the amount of such taxes shall become a part of the rent due
hereunder and shall be payable upon the first rent due date after demand for
payment has been made.
USE 6. Tenant shall use and occupy the Premises during
the term for general office purposes and for no other purpose without the prior
written consent of Landlord. Tenant shall not use or permit the Premises or any
part thereof to be use for any purpose or purposes other than the purpose or
purposes for which the Premises are leased.
No use shall be made or permitted to be made of the
Premises or acts done which will increase the existing rate of insurance on the
building or cause the cancellation of any insurance policy covering the building
or any part thereof. If any act on the part of Tenant or use of the Premises by
Tenant shall cause, directly or indirectly, any increase of Landlord's
insurance, such additional expense shall be paid by Tenant to Landlord upon
demand. Tenant shall not sell or permit to be kept, used or sold in or about
the Premises, any article which may be prohibited by the standard form of fire
insurance policies.
Tenant shall not commit or suffer to be committed any
waste upon the Premises or any Public or private nuisance or any other act or
thing which may disturb the quiet enjoyment of any other tenant in the building
in which the Premises are located. Tenant shall not use the Premises or permit
the Premises to be used in whole or in part for any purpose or use that is
deemed to be in violation of any of the laws, ordinances, regulations or rules
of any public authority or organization at any time. A judgment of any court of
competent jurisdiction or the admission by Tenant in any action or proceeding
against Tenant that Tenant has violated any such laws, ordinances, regulations
or rules in the use of the Premises shall be deemed to be a conclusive
determination of that fact between Landlord and Tenant.
UTILITIES 7. The Landlord agrees to supply, during the usual
Business Hours on Business Days (as hereinafter defined), reasonable amounts of
water. "Business Hours on Business Days" is hereby defined as Monday - Friday 8
A.M. to 6:00 P.M. and Saturday 8:00 A.M. to 1:00 P.M., Holidays (including but
not limited to : New Year's Day, President's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, and Christmas Day and any other day which may
be designated as a holiday by the Federal Government and/or the State of
California) excepted. Tenant agrees not to use any apparatus or device in or
upon or about the leased Premises which may in any way increase the amount of
such services usually furnished or supplied to said Premises, and Tenant further
agrees not to connect any apparatus or device with the wires, conduits or pipes,
or other means by which such services are supplied, for the purpose of using
additional or unusual amount of such services without written consent of the
Landlord. Landlord reserves the right to charge for such services which shall
be payable as additional rental for any of them, should Tenant use the same to
excess, and the refusal on the part of Tenant to pay, upon demand of Landlord,
such excess charges shall constitute a breach of the obligation to pay rent
under this Lease and shall entitle Landlord to the rights hereinafter granted
for such breach. The Landlord agrees to supply reasonable janitorial services
excluding Saturdays, New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day, Presidents Day or any other holiday which may
be so designated by any union having jurisdiction. If any part or portion of
any of the services to be furnished herein shall misfunction or malfunction, be
ruined or destroyed or become inoperative for any reason whatsoever during the
term hereof, such misfunction, malfunction, ruination, destruction or
inoperability shall not have any affect whatsoever upon the rights, duties and
obligations of the parties hereunder, including but not limited to, the
Landlord's right to receive the rent reserved under this Lease. The sole and
only effect of such misfunction, malfunction, ruination, destruction or
inoperability shall be to give rise to the duty on the part of the Landlord to
repair the same within a reasonable period of time.
ASSIGNMENT 8. Tenant shall not assign this Lease voluntarily
or by operation of law, or any right hereunder, nor sublet the Premises or any
part thereof, without the prior written consent of Landlord, which consent shall
not be unreasonably withheld.
No consent to any assignment of this Lease, voluntarily
or by operation of law, or any subletting of the Premises, shall be deemed to be
a consent to any subsequent assignment of this Lease voluntarily or by operation
of law, or to any subletting of the Premises, except as to a specific instance
covered thereby. Any such assignment of this Lease, voluntarily or by operation
of law, or any subletting of the Premises, without obtaining the prior written
consent of Landlord, shall be void and at the option of Landlord shall terminate
this Lease.
CONDITIONS OF PREMISES
AND REPAIRS 9. Tenant shall be deemed to have agreed, by
accepting occupancy, that the Premises are in good order, condition and repair,
Tenant, at Tenant's expense, shall keep the Premises in good order, condition
and repair, including all fixtures and equipment installed by Tenant. Tenant
waives statutory right to make repairs at the expense of Landlord. In the event
Tenant fails to maintain the Premises in good order and repair, Landlord shall
give Tenant notice to make such repairs. In the event Tenant fails to do so,
Landlord shall have the option to make such repairs at the expense of Tenant.
Landlord shall have no liability to Tenant for any damage, inconvenience or
interference with use of the Premises by Tenant as result of the making of such
repairs.
SECURITY BOND 10. Concurrent with the execution of this Lease,
Tenant shall deposit with Landlord the sum of Nine Thousand Five Hundred
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Fifty-Seven and 00/100 ($ 9,557.00) which shall represent a bond on the part of
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Tenant for the faithful performance of the provisions of this Lease to be
carried out by it. In the event that all of the terms and obligations of this
Lease have been fully executed by the Tenant during the existence of this Lease,
or any extension or extensions thereof, then the Landlord shall return to the
Tenant the said deposit within ten (10) days after the expiration of the term of
this Lease, or any extensions thereof. In the event that this Lease is mutually
canceled by the parties at any anytime hereafter, the said deposit shall be
returned to the Tenant by the Landlord within ten (10) days after said
cancellation.
If there are any material breaches of this Lease by the
Tenant which result in a default of this Lease by the Tenant, then the Landlord
shall have the right to utilize said deposit, or any part thereof, for any
damages or rents which may accrue or which may be payable to it by the Tenant
and the Landlord shall have the right in that case to withhold the entire said
deposit until there has been a judicial determination of its right for damages
or for unpaid rent by virtue of the terms of this Lease.
The parties agree that the provisions of this Paragraph
(10) shall not operate as a limitation upon the amount of damage to which
Landlord may be entitled by virtue of a breach of any of the provisions of this
Lease by Tenant.
Landlord shall have the right to withhold monies from
the return of the Security Bond for accrued but unpaid taxes and operating cost
increases (pursuant to paragraph 5 of the Lease) that will be payable after
termination of the Lease.
AUTOMOBILE
PARKING 11. Landlord hereby grants to the Tenant, in common
with other tenants and businesses, the right to Twenty-Two
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( 22) automobile parking spaces. Landlord shall, at it's option, have the
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right to designate the area(s) in which Tenant may park.
NON-LIABILITY OF
LANDLORD 12. Except in a case of Landlord's negligence or
willful misconduct, Landlord shall not be liable to Tenant, or to any other
person or persons whomsoever, for any damages to the Premises or for or on
account of any loss, damage, theft, or injury to any person or property in or
about the Premises or the approaches or entrances thereto, or on the streets,
sidewalks or corridors thereto, or parking areas, caused or occasioned by the
Premises being out of repair, by defects in the building or the Premises or
equipment contained therein, or by failure to keep the same in good order and
repair by fire, gas, water, electricity, or by the breaking, overflowing or
leaking of roofs, pipes or walls of the building, or by any acts or events
whatsoever beyond the control of the Landlord, Landlord shall not be liable for
the breach of any of the terms of this Lease occasioned by any act of God, war,
the elements, strikes, lockouts, delays in transmission or by reason of other
causes whether of like or different nature, beyond the control of Landlord,
Landlord shall not be liable for any damages arising from any act of negligence
of any other tenant in The Park.
ALTERATIONS
AND LIENS 13. Tenant shall not make or permit to be made any
alterations, changes in and additions to the Premises without the prior written
consent of Landlord. All alterations, changes and additions that may be
required shall be done either by or under the direction of Landlord at the cost
of Tenant, and shall become immediately the property of Landlord and shall
remain upon and be surrendered with the Premises at the termination of the term
of this Lease.
Tenant, upon termination of this Lease or the
expiration of the term hereof or for any other reason, shall quit and surrender
the Premises in good order, condition and repair, reasonable wear and tear and
damages by fire, an act of God or the elements excepted. Upon the termination
of this Lease or the expiration of the term or otherwise, Landlord shall have
the option to require Tenant to remove from the Premises, at Tenant's expense,
all improvements placed on the Premises by Tenant, with the Premises thereafter
to be restored to its previous condition, at the expense of Tenant.
Tenant shall keep the Premises and building, of which
the Premises are a part, free and clear of any liens and shall indemnify, hold
harmless and defend Landlord from any liens encumbrances arising out of any work
performed or materials furnished by or at the direction of Tenant. In the event
any lien is filed, Tenant shall do all acts necessary to discharge any lien
within ten (10) days of filing, or if Tenant desires to contest any lien then
Tenant shall deposit with Landlord such security as Landlord shall demand to
insure the payment of the lien claim. In the event Tenant shall fail to pay any
lien claim when due or shall fail to deposit the security with Landlord, then
Landlord, at its option, shall have the right to expend all sums necessary to
discharge the lien claim, and Tenant shall pay as additional rental, when the
next rental payment is due, all sums expended by Landlord in discharging any
lien, including attorney's fees and costs.
RIGHTS OF LANDLORD 14. The Landlord reserves the following rights: (a)
to change the name of the building without notice or liability to Tenant; (b) to
designate all sources furnishing sign painting or lettering, janitorial services
and toilet supplies used on the Premises, to decorate, remodel, repair or alter
or otherwise prepare the Premises for reoccupancy; (c) constantly have pass keys
to the Premises; (d) to grant to anyone the exclusive right to conduct any
particular business or undertaking in the building in which the Premises are
situated; (e) to enter the Premises with reasonable notice (except in
emergencies) at any reasonable time for inspections, repairs, alterations or
additions to the Premises or the building in which the Premises are situated, to
exhibit the Premises to others, to affix and display, "For Lease" signs, and for
any purpose whatsoever related to the safety, protection, preservation or
improvement of the Premises, the said building, or the Landlord's interest,
without being deemed guilty of an eviction or disturbance of Tenant's use and
possession, and without being liable in any manner to the Tenant on account
thereof; (f) at any time, and from time to time, whether at the instance of
Landlord or pursuant to governmental requirements, at Landlord's expense, to
make repairs, alterations, additions, improvements or decorating, whether
structural or otherwise, in or to the building or any part thereof, including
the Premises. Without limiting the generality of the foregoing rights, Landlord
shall specifically have the right to remove, alter, improve or rebuild the lobby
of the building as the same is presently or shall hereafter be constituted, or
any part or parts thereof. Landlord shall not be liable to Tenant for any
expense, injury, loss or damage resulting from any work so done in or about the
Premises or the building, or any adjacent or nearby building, land, street or
alley, all claims against the Landlord for any and all such liability being
hereby expressly released by Tenant. In connection with making repairs,
alterations, decorating, additions or improvements under the terms of this
paragraph, Landlord shall not unreasonably interfere or disrupt Tenant's
business but shall have the right to access through the Premises as well as the
right to take into and upon and through said Premises or any other part of the
building, all material that may be required to make such repairs, alterations,
decorating, additions or improvements, as well as the right in the course of
such work to close entrances, doors, corridors, or other building facilities or
temporarily to abate the operations of such facilities, without being deemed or
held guilty of an eviction of Tenant and without liability for damages to
Tenant's property, business or person and without liability to Tenant by reason
of interference with the business of Tenant or inconvenience or annoyance to the
Tenant or the customers of the Tenant. The rent reserved herein shall in no
ways abate while said repairs, alterations, decorating, additions or
improvements are being made and Tenant shall not be entitled to maintain any
set-off or counterclaim for damages of any kind against Landlord by reason
thereof, all such claims being hereby expressly released by the Tenant.
However, all such work shall be done in such manner as to cause Tenant the least
inconvenience practicable. Landlord reserves and shall have the right to enter
upon the Premises for the purpose of posting and maintaining such notices on the
Premises as may be necessary to protect Landlord against mechanic's,
materialmen's or other liens and any other notices that may be proper and
necessary.
SIGNS 15. Tenant shall not place or permit to be placed
in, upon, about or outside the said Premises or any part of the building in
which the Premises are located, any signs without the prior written consent of
Landlord.
INDEMNIFICATION 16. Excepting Landlord's negligence or willful
misconduct, Landlord shall be free of all liabilities and claims for damage by
reason of any injury or death to any person or persons, including Tenant, or
property of any kind whatsoever and to whomsoever belonging, including Tenant,
from any cause or causes whatsoever, including acts or omissions of other
tenants in the building, except any liability and claim caused solely by the
acts of Landlord, its agents or servants, while in, upon or connected in any way
with the Premises, during the term of this Lease or any extension or renewal
thereof, or any occupancy hereunder, and Tenant hereby agrees to indemnify, save
harmless and defend Landlord from all liability, damages, loss, costs and
obligation, including court costs and counsel fees, on account of or arising out
of or alleged to have arisen out of, directly or indirectly, any such injuries,
death or losses, however occurring.
INSURANCE 17. (a) Tenant shall obtain and keep in force
during the term of this Lease a policy of comprehensive public liability
insurance insuring Landlord and Tenant against any liability arising out of the
ownership, uses, occupancy or maintenance of the Premises and all areas
appurtenant thereto. Such insurance shall be a combined single limit policy in
an amount not less than $1,000,000 per occurrence. Such insurance shall further
insure Landlord and Tenant against liability for property damage of at least
$100,000. The limits of said insurance shall not, however, limit the liability
of Tenant hereunder.
(b) Tenant shall obtain and keep in force during
the term of this Lease a policy or policies of insurance covering loss or damage
to the Premises and property located thereon to the full extent of Tenant's
insurable interest therein (including all improvements, alterations, office
furniture, trade fixtures, office equipment, merchandise and all other property
of Tenant as well as Tenant Furnished Improvements) in the amount of the full
replacement value thereof, providing protection against all perils included
within the classification of fire, extended coverage, vandalism, malicious
mischief, special extended perils (all risk) and sprinkler leakage.
(c) Insurance required hereunder shall be in
companies rated A- or better in "Best's Insurance Guide." Tenant shall deliver
to the Landlord copies of policies of such insurance or certificates evidencing
the existence and amounts of such insurance with loss payable clauses naming
Landlord as an additional insured. No such policy shall be cancelable or
subject to reduction of coverage or other modification except after 10 days'
prior written notice to Landlord. Tenant shall, within 10 days prior to the
expiration of such policies, furnish Landlord with renewals or "binders"
thereof, or Landlord may order such insurance and charge the cost thereof to
Tenant, which amount shall be payable to Landlord upon demand. Tenant shall not
do or permit to be done anything which shall invalidate the insurance policies.
If Tenant does or permits to be done anything which increases the cost of the
insurance policies, then Tenant shall pay such additional cost upon Landlord's
demand or reimburse Landlord for any additional premiums attributable to any act
or omission or operation of Tenant causing such increase in the cost of
insurance. If Tenant fails to procure and maintain said insurance policies
required by this paragraph, then Landlord may, but shall not be required to,
procure and maintain the same, but at the expense of Tenant.
ESTOPPEL
CERTIFICATE 18. Tenant shall execute, acknowledge and deliver
to Landlord at any time within ten (10) business days after request by Landlord,
a statement in writing certifying, if such be the case, that this Lease is
unmodified and in full force and effect (or if there have been modifications
that the same is in full force and effect as modified), the Commencement Date of
this Lease, the dates on which rent has been paid, and such other information as
Landlord shall reasonably request. It is acknowledged by Tenant that any such
statement is intended to be delivered by Landlord and relied upon by prospective
purchasers, mortgagees, beneficiaries under deeds of trust or assignees thereof.
COMPLIANCE WITH
LAWS AND RULES 19. Tenant, at Tenant's sole cost, shall comply with
all laws, ordinances, orders and regulations of all governmental authorities
with respect to the Premises and the use and occupation thereof by Tenant. A
judgment of any court of competent jurisdiction or the admission by Tenant in
any action or proceeding against Tenant that Tenant has violated any such laws,
ordinances, orders or regulations, shall be deemed to be conclusive as to
Landlord and Tenant.
DESTRUCTION 20. In the event of damage causing a partial
destruction of the Premises during the term of this Lease from any cause, and
repairs can be made within ninety (90) days from the date of the damage under
the applicable laws and regulations of governmental authorities, Landlord shall
repair said damage promptly and within a reasonable time, but such partial
destruction shall in nowise void this Lease, except that Tenant shall be
entitled to a proportionate deduction of rent while such repairs are being made,
such proportionate deductions to be based upon the extent to which the Office
Area useable by Tenant bears to the Offices Area of the Premises.
If such repairs cannot be made in ninety (90) days,
Landlord may, at its option, make the same within a reasonable time, this Lease
continuing in full force and effect and the rent to be proportionately rebated
as provided in the previous paragraph. In the event that Landlord does not so
elect to make such repairs which cannot be made within ninety (90) days, or such
repairs cannot be made under such laws and regulations, this Lease may be
terminated at the option of either party.
In the respect to any partial destruction which
Landlord is obligated to repair or may elect to repair under the terms of this
paragraph, the provisions of any statute or law permitting Tenant to terminate
this Lease are waived by Tenant.
In case the building(s) be so injured or destroyed
(although the Premises may not be effected) that the Landlord shall decide,
within a reasonable time, not to rebuild or reconstruct the building(s), then
this Lease shall terminate and the Tenant shall surrender the Premises.
CONDEMNATION 21. If the whole or any part of the Premises shall be
taken for public or quasi-public use by right of eminent domain, with or without
litigation, or transferred by agreement in connection with such public or
quasi-public use, this Lease as to the part so taken or condemned or
transferred, shall terminate as of the date title shall vest in the condemnor
and the rent payable hereunder shall be adjusted so that Tenant shall be
required to pay, for the remainder of the term, only such portion of the rent as
the Office Area, useable by Tenant, remaining after the taking or condemnation
bears to the Office Area of the Premises as of the date title shall vest in the
condemnor.
In the event of such taking or condemnation by
judgment, verdict or agreement, Landlord shall have the option to terminate this
Lease as of said date, or if all of the Premises shall be so taken or condemned
or such part thereof be so taken or condemned so that there does not remain a
portion susceptible of occupation and use by Tenant hereunder, this Lease shall
thereupon terminate.
All compensation awarded upon such condemnation or
taking shall go to the Landlord and the Tenant shall have no claim thereto, and
the Tenant hereby irrevocably assigns and transfers to the Landlord any right to
compensation or damages which the Landlord may become entitled during the term
hereof by reason of the condemnation of all or a part of the Premises.
INVOLUNTARY
TERMINATION 22. This Lease, at the option of Landlord, shall
immediately cease and terminate upon the happening of any of the following
event:
(a) The filing of a petition for any proceeding
under the Bankruptcy Act or any amendment
thereto by Tenant or any other person against Tenant.
(b) A finding or judgment of insolvency of Tenant.
(c) An assignment for the benefit of creditors by
Tenant.
(d) The levying of a writ of execution on the
business of Tenant or on the
assets of Tenant located on the Premises, which is not discharged within five
(5) days after the date of said levying.
(e) The appointment of a receiver to take
possession of the Premises or the assets of Tenant.
DEFAULT 23. If Tenant shall fail to pay after five (5) days
written notice, any part of the rent provided for herein or any other sum
required to be paid by Tenant at the times or in the manner required, or if
Tenant should abandon, vacate or surrender the Premises or be dispossessed by
any process of law, or if default shall occur in any of the other terms,
covenants and conditions contained in this Lease, Landlord, in addition to all
other rights or remedies provided for by law, shall have the right to re-enter
immediately the Premises and remove all persons and property located thereon,
and, at Landlord's option, to store said property in a public warehouse or
elsewhere at the cost of and for the account of Tenant.
Upon any such re-entry, Landlord shall have the right
to make any reasonable repairs, alterations, or modifications to the Premises,
which Landlord in its sole discretion deems reasonable and necessary. After any
such entry, Landlord shall have the option to terminate this Lease, re-let the
Premises at such rent and upon such conditions and for such a term, whether less
than or greater than the unexpired portion of the term of this Lease, as
Landlord deems reasonable and necessary. All sums received by Landlord from
such re-letting shall be applied first to the payment of all costs incurred in
said re-letting, including but not limited to reasonable brokerage and legal
fees, second to the payment of the cost of any repairs, alterations or
modifications to the Premises, third to the payment of any indebtedness of
Tenant arising out of this Lease other than rent due and owing, fourth to the
payment of any rent due and unpaid hereunder, and the balance, if any, shall be
held by Landlord and applied in payment of future rent if such future rent may
become due and payable. Should the amounts applied on rent during any month be
less than the rent agreed to be paid during said month by Tenant, then Tenant
shall pay the amount of such deficiency to Landlord. This deficiency shall be
calculated and paid monthly. Tenant shall also pay to Landlord, as soon as
determined, the reasonable costs and expenses incurred by Landlord in making
repairs, alterations or modifications to the Premises.
No such re-entry or taking possession of the Premises
by Landlord shall be construed as an election on Landlord's part to terminate
this Lease, unless a written notice of Landlord's intention to terminate this
Lease be delivered to Tenant. Notwithstanding any such re-letting without
termination, Landlord may at any time thereafter during the term of this Lease
elect to terminate this Lease by virtue of such previous default by Tenant.
In addition to any other remedy Landlord may have,
whether any re-letting has occurred or not, Landlord may elect to terminate this
Lease and recover from Tenant any damages incurred by reason of such default,
including the costs of recovering the Premises, as reasonable attorney's fees
and the then excess, if any, of the rent due pursuant to the provisions of this
Lease for the remainder of the term thereof over the then reasonable value of
the Premises for the balance of the stated term, which amount shall become
immediately due and payable by Tenant to Landlord.
ATTORNEY FEE 24. Tenant agrees that if Landlord is involuntarily
made a party defendant to any litigation concerning this Lease or The Park of
which the leased Premises are a part by reason of any act or omission of Tenant
and not because of any act or omission of Landlord, then Tenant shall hold
harmless the Landlord from all liability by reason thereof, including reasonable
attorney's fees incurred by Landlord in such litigation and all taxable court
costs. If legal action shall be brought by either of the parties hereto for the
unlawful detainer of the Premises, for the recovery of any rent due under the
provisions of this Lease, or because of the breach of any term, covenant or
provision hereof, the party prevailing in said action (Landlord or Tenant as the
case may be) shall be entitled to recover from the party not prevailing costs of
suit and a reasonable attorney's fee which shall be fixed by the Judge of the
Court.
HOLDING OVER 25. If Tenant remains in possession of the Premises or
any part thereof after the expiration of the term hereof, with the express
written consent of Landlord, such occupancy shall be a tenancy from month to
month at a rental in the amount of the then prevailing rate, plus all other
charges payable hereunder, and upon all the terms hereof. Tenant shall continue
in possession until such tenancy is terminated by Landlord or Tenant upon thirty
(30) days' written notice by either party.
If Tenant remains in possession without Landlord's
consent, after termination of the Lease, by lapse of time or otherwise, Tenant
shall pay Landlord for each day of such retention one-fifteenth (1/15th) of the
amount of the monthly rental for the last month prior to such termination and
Tenant shall also pay all costs, expenses and damages sustained by Landlord by
reason of such retention, including, without limitation, claims made by a
succeeding tenant results from Tenant's failure to surrender the premises.
BUILDING RULES 26. Tenant hereby promises and agrees to keep and
perform each and all of the rules and regulations of The Park hereinafter set
forth which are hereby referred to and made a part hereof. The Landlord shall
have the right to amend said rules and to make other and different reasonable
rules and regulations limiting, restricting and regulating the privileges of
tenants in said building, and all such rules and regulations so made by
Landlord, after notice thereof to Tenant, shall be binding upon Tenant and
become conditions of the tenancy and covenants on the part of and to be
performed by the Tenant.
REPRESENTATION 27. Landlord or Landlord's agents have made no
representation or promises with respect to The Park, the Premises, or the land
upon which the building(s) is situated, except as herein expressly set forth,
and no rights easements or licenses are acquired by Tenant by implication or
otherwise except as expressly set forth in the provisions of this Lease.
INJUNCTION 28. In the event of a breach or threatened breach
by Tenant of any of the provisions of this Lease, Landlord shall have the right
of injunction and the right to invoke any remedy allowed by law or in equity
without regard to any other rights or remedies Landlord may have as provided in
this Lease.
SELF-HELP 29. If Tenant shall default in the performance of
any covenant on its part to be performed by virtue of any provision in this
Lease contained, Landlord, at its option, may perform the same for the account
and at the expense of Tenant, without notice if any emergency exists, or on
twenty (20) days written notice to Tenant, if no emergency exists, and all costs
and expenses paid or incurred by Landlord incurring such default, together with
interest thereon, shall be deemed additional rent hereunder and shall be due and
payable by Tenant to Landlord upon demand. Tenant shall reimburse and
compensate Landlord as additional rent within five (5) days after rendition of a
statement by Landlord, for all damages and fines sustained or incurred by
Landlord, due to nonconformance or noncompliance with or breach or failure to
observe within the periods herein provided any provision of this Lease upon
Tenant's part to be kept, observed, performed or complied with.
WAIVER 30. No covenant, term or condition or the breach
thereof shall be deemed waived, except by written consent of Landlord, and any
waiver or the breach of any covenant, term or condition shall not be deemed to
be a waiver of any preceding or succeeding breach of the same or any other
covenant, term or condition. Acceptance of all or any portion of rent at any
time shall not be deemed to be a waiver of any covenant, term or condition
except as to the rent payment accepted.
RELOCATION OF
PREMISES CONDITIONS 31.1 For the purpose of maintaining an
economical and proper distribution of Tenants throughout the Building acceptable
to Landlord, Landlord shall have the right from time to time during the term of
this Lease to relocate the Premises in the Building on the following terms and
conditions:
(a) The rented and usable areas of the new location in
the Building are of equal size to the existing location
subject to a variation of up to ten percent (10%) provided
the amount of rent payable under this Lease is not increased;
(b) If the then prevailing rental rate for the new
location is less than the amount being paid for the
existing location, the rent shall be reduced to equal the then
prevailing rent for the new location;
(c) Landlord shall pay the cost of providing tenant
improvements in the new location comparable to the
tenant improvements in the existing location;
(d) Landlord shall pay the expenses reasonably incurred
by Tenant in connection with such substitution of
Premises, including but not limited to costs of moving,
door lettering, telephone relocation and reasonable quantities of new
stationary.
NOTICE 31.2 Landlord shall deliver to Tenant written
notice of Landlord's election to relocate the Premises, specifying the new
location and the amount of rent payable therefore at least thirty (30) days
prior to the date the relocation is to be effective. If the relocation of the
Premises is not acceptable to Tenant, Tenant for a period of ten (10) days after
receipt of Landlord's notice to relocate shall have the right (by delivering
written notice to Landlord) to terminate this Lease effective thirty (30) days
after delivery of written notice to Landlord.
NOTICE 32. All notices or demands of any kind required or
desired to be given by Landlord to Tenant hereunder shall be in writing and
shall be delivered by United States mail, registered or certified, addressed to
Tenant at the address of the Premises, or any such other place as Tenant may,
from time to time, designate to Landlord by written notice, whether or not
Tenant has departed therefrom, abandoned or vacated the Premises. Any notice or
demand of any kind which Tenant may be required or desires to serve on Landlord
shall be served by mailing a copy thereof, by registered or certified mail,
addressed to Landlord at:
HUNTINGTON EXECUTIVE PARK
16168 Beach Boulevard
Suite 200
Huntington Beach, CA 92647
or any such other place as Landlord may, from time to time, designate to Tenant
by written notice.
SUBORDINATION 33. This Lease shall be subject and subordinated at
all times to all ground or underlying leases which now exist or may hereafter be
executed affecting the building(s) or the land upon which the building(s) is
situated or both, and to the lien of any mortgage or deeds of trust in any
amount or amounts whatsoever now or thereafter place on or against Landlord's
interest or estate herein or on or against any ground or underlying lease
without the necessity of having further instruments on the part of the Tenant to
effectuate such subordination. However, if any mortgage, trustee or ground
lessor shall elect to have this Lease, prior to the lien of its mortgage or deed
of trust, and shall give written notice thereof to Tenant, this Lease shall be
deemed prior to such mortgage, trust deed or ground lease, whether this Lease is
dated prior or subsequent to the date of said mortgage, deed of trust or ground
lease or the date of recording thereof.
The subordination of this Lease to any such ground
lease, mortgage or deed of trust shall be subject to the following:
a) In the event of the termination of any ground lease or the sale of The
Park of which the Premises are a part (pursuant to foreclosure or the exercise
of a power of sale under any such mortgage, deed of trust or other security
instrument), Tenant shall attorn to the ground lessor or the purchaser as the
case may be, and recognize such person as the Landlord under this Lease.
(b) Notwithstanding such subordination, Tenant's right to quiet possession
of the Premises shall not be disturbed if Tenant is not in default at the time
of any termination described in (a) above and so long as Tenant shall thereafter
pay the rent and observe and perform all of the provisions of this Lease to be
observed and performed by Tenant unless this Lease is otherwise terminated
pursuant to its terms.
If in connection with obtaining financing for The Park
at a bank, insurance, pension trust, real estate investment trust or other
recognized institutional lender shall request reasonable modifications in this
Lease as a condition to such financing, Tenant shall not unreasonably withhold,
delay or defer its consent thereto, provided that such modifications do not
increase the obligations of Tenant hereunder or materially adversely effect the
leasehold interest hereby created.
LATE CHARGES 34. Tenant hereby acknowledges that late payment by
Tenant to Landlord of rent and other sums due hereunder, or any payment due for
miscellaneous items or services provided by Landlord at Tenant's request and
expense, after five (5) days written notice of nonpayment, will cause Landlord
to incur costs not contemplated by this Lease, the exact amount of which will be
extremely difficult 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 mortgage or trust deed covering the Premises.
Accordingly, in the event that Tenant shall fail to pay to Landlord within ten
(10) days of the date when due, any payment owing to Landlord pursuant to the
terms of this Lease (including items or services requested by the Tenant), said
late payment shall bear interest at the rate of ten percent (10%) per annum from
the date due and payable until the same shall have been fully paid and, in
addition:
34.1 Service Charge. For each such late payment, Tenant
shall pay to Landlord a service charge in the amount of Five Percent (5%) of the
amount due and owing from Tenant; and
34.2 Landlord's Option. Following each second
consecutive late payment of rent, Landlord shall have the option (a) to require
that, beginning with the first payment of rent due following the date such late
payment was due, rent shall no longer be paid in monthly installments but shall
be payable three (3) months in advance; or (b) to require that Tenant increase
the amount of the security deposit required under Paragraph 10 by one hundred
percent (100%), which additional security deposit shall be retained by Landlord,
and may be applied by Landlord, in the manner provided in said Paragraph 10.
MISCELLANEOUS 35.
(a) The captions of the paragraphs contained in this
Lease are for convenience only
and shall not be deemed, in resolving any question of interpretation or
construction of any paragraph of this Lease, to be relevant.
(b) The words "Landlord" and "Tenant" as used herein,
include, apply to, and bind
and benefit the heirs, executors, administrators, assigns and successors of the
Landlord and Tenant, subject to the aforementioned restrictions on assignment of
this Lease on the part of Tenant.
(c) All of the terms, covenants and conditions of this
Lease shall be binding upon
and inure to the benefit of the parties hereto and their heirs, executors
and administrators, successors and assigns, except that nothing in this
provision shall be deemed to permit any assignment, subletting or use of the
Premises other than as provided for herein.
(d) This Lease shall be governed and interpreted solely
by the laws of the State of
California then in force. Both number, singular or plural, as used in this
Lease shall include all numbers and each gender shall be deemed to include all
genders.
(e) It is expressly understood between the parties
hereto that nothing in the way of
verbal understanding or agreement, either prior to the date hereof or subsequent
thereto, in reference to the lease of the Premises, shall, in any manner, affect
this Lease or be deemed a modification of it or a change in its terms. No
change or modification or new lease shall have any effect unless reduced to
writing and signed by the parties hereto.
(f) Time is of the essence of this Lease and of each and
every provision hereof,
except as to the conditions relating to the delivery of possession of the
Premises to Tenant. All the terms, covenants and conditions contained in this
Lease to be performed by Tenant, if Tenant shall consist of more than one person
or organization, shall be deemed to be joint and several, and all rights
remedies granted to Landlord by law shall be cumulative and non-exclusive of any
other remedy.
(g) Any checks returned by the bank marked "Non Sufficient Funds" are
subject to
the greater of $30.00 or the fee charged by Landlord's bank.
TENANT: LANDLORD:
CHICAGO PIZZA & BREWERY, INC., HUNTINGTON EXECUTIVE PARK,
a California Corporation a California Limited
Partnership
BY: HUNTINGTON CAPITAL CORP.,
a California Corporation
BY: General Partner
Ernest T. Klinger, President
BY:
Everett J. Dodge, President
DATE: DATE:
------
EXHIBIT "A"
-----------
LOCATION OF PREMISES
--------------------
FLOOR PLAN
----------
16162 Beach Blvd., Suite 100
Insert mutually acceptable space plan.
EXHIBIT "B"
EXHIBIT "C"
-----------
MEMORANDUM OF LEASE COMMENCEMENT DATE
-------------------------------------
This memorandum is executed on October 26, 2000, by and between
--
HUNTINGTON EXECUTIVE PARK, A CALIFORNIA LIMITED PARTNERSHIP ("Landlord") and
CHICAGO PIZZA & BREWERY, INC., A CALIFORNIA CORPORATION ("Tenant") with respect
to that certain Lease between Landlord and Tenant dated as of August 22, 2000
--
(the "Lease").
With respect to the Premises defined as 16162 Beach Blvd., Suite 100,
Huntington Beach, California, the term of the Lease, defined in Paragraph 2 of
the Lease, shall commence on October 15, 2000 and expire on October 14, 2005.
-- --
LANDLORD:
HUNTINGTON EXECUTIVE PARK,
a California Limited Partnership
By: HUNTINGTON CAPITAL CORPORATION, NOTE: THIS
----
EXHIBIT "C" TO BE EXECUTED
a California Corporation UPON
COMMENCEMENT OF THE
LEASE.
By:
Everett J. Dodge, President
Dated:
TENANT:
CHICAGO PIZZA & BREWERY, INC.,
a California Corporation
By:
Ernest T. Klinger, President
Dated:
------
EXHIBIT "C"
-----------
(Intentionally Omitted)
------
EXHIBIT "D"
-----------
RULES AND REGULATIONS OF THE BUILDING REFERRED TO
-------------------------------------------------
HEREIN WHICH CONSTITUTE A PART OF THIS LEASE
--------------------------------------------
1. The Tenant and the Tenant's employees, shall not loiter in the entrance
or corridors, or in any way obstruct the sidewalks, entry passages, halls,
stairways and elevators, and shall use the same only as passage ways and means
of passage to and from their respective offices.
2. The sash doors, sashes, windows, glass doors, lights and skylights that
reflect or admit light into the halls or other places of the building shall not
be covered or obstructed. The water closets and urinals shall not be used for
any purpose other than those for which they were constructed, and no rubbish,
newspapers or other substances of any kind shall be thrown into them. Excepting
normal office decorating, the Tenant shall not mark, drive nails, screw or drill
into, paint, or in any way deface the walls, ceilings, partitions, floors, wood,
stone or iron work, except with the written consent of the Landlord. The
expense of any breakage, stoppage or damage resulting from a violation of this
rule shall be borne by the Tenant who has caused such breakage, stoppage or
damage.
3. Tenant shall not do anything in the Premises or bring or keep anything
therein, which will in any way increase or tend to increase the risk of fire or
the rate of fire insurance or which shall conflict with the regulations of Fire
Department or the fire laws or with any insurance policy on the building or any
part thereof, or with any rules or ordinances established by the Board of
Health, and he shall not use any machinery therein, even though its installation
may have been permitted, which may cause any noise or jar, or tremor to the
floors or walls, or which by its weight might injure the floors of the building.
4. No awning, shade, sign, advertisement, or notice shall be inscribed,
painted or affixed on or to any part of the outside or inside of the building
except by the written consent of the Landlord and except it be of such color,
size and style and in such place upon or in the building as may be designated by
the Landlord. If the Tenant desires window curtains in addition to those
already in and owned by Landlord, they must be of such uniform shape, color,
material and make as may be prescribed by the Landlord and must be put up in the
manner as directed by the Landlord and paid for by the Tenant.
5. Electric wiring of every kind shall be introduced and connected by the
Landlord, and no boring or cutting for wires shall be allowed except with the
consent of the Landlord. The location of telephone and telegraph instruments
shall be designated by the Landlord.
6. The Landlord shall prescribe the weight, size and position of all safes
used in the building and such safes shall in all cases stand on wood or metal of
such size as shall be designated by the Landlord. All damage done to the
building by putting in, taking out, or maintaining a safe shall be repaired at
the expense of the Tenant.
7. The Tenant and the Tenant's officers, agents and employers, shall not
make nor permit any improper noises in the building, nor interfere in any way
with other tenants or those having business with them, nor bring into nor keep
within the building any animal, bird or bicycle. The Tenant and the Tenant's
officers, agents and employers shall not throw cigar or cigarette butts or other
substances of any kind out of the windows or doors, or down the passageways or
skylights of the building, or sit in, or place anything upon the windowsills or
outside ledges.
8. The Tenant shall not conduct any auction on said Premises and shall not
store goods, ware or merchandise on the Premises. Articles of unusual size and
weight are not permitted in the building.
9. All freight, furniture and fixtures must be moved into, within and out of
the building under the supervision of the Landlord, and according to such
regulations as may be posted in the office of the building, but the Landlord
will not be responsible for loss or damage to such freight from any cause.
10. No machinery of any kind will be allowed in the building without the
written consent of the Landlord.
11. The requirements of the Tenant will be attended to only upon application
at the office of the building. Landlord's employees shall not perform any work
or do anything outside of their regular duties unless under special instruction
from the office and no such employee shall admit any person (Tenant or
otherwise) to any office without specific instructions from the office of the
building.
12. All keys to offices, rooms and toilet rooms shall be obtained from
Landlord's Building Management office and Tenant shall not from any other source
duplicate, obtain keys or have keys made. The Tenant, upon termination of the
tenancy, shall deliver to the Landlord the keys of the offices, rooms and toilet
rooms which shall have been furnished or shall pay the Landlord the cost of
replacing same or of changing the lock or locks operated by such lost key if
Landlord deems it necessary to make such change.
13. It is understood and agreed between the Landlord and the Tenant that the
sliding glass doors are for the purpose of ingress and egress between the
offices and the balconies. The Tenant shall not allow said doors to remain open
and thus add extra expense to operating the heating, ventilating and air
conditioning systems, or allow rain to enter.
14. The balconies shall remain free of all objects except as previously
approved by the Landlord.
15. Tenant shall, at all times, be required to use protective shields under
all desk chairs. Landlord will, at Landlord's expense, provide initial
protective shields for Tenant at the time Tenant first occupies the Premises.
Tenant shall provide, at Tenant's expense, any subsequent protective shields
that may be needed.
16. The directory of the Building will be provided exclusively for the
display of the name and location of Tenant only and the Landlord reserves the
right to exclude any other names therefrom.
17. Landlord shall furnish heating and air conditioning during the hours of
8:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 1:00 p.m. on
Saturday, Sundays and holidays (as defined in paragraph 7 of the Lease)excepted.
In the event Tenant requires heating and air conditioning during off hours,
Sundays or holidays, Landlord shall on notice provide such services at the then
prevailing rate for such extra services.
G U A R A N T Y
In consideration of the execution of the within Lease by the Landlord,
the undersigned does hereby guaranty to the Landlord, its successors and
assigns, the performance by the Tenant of all the terms, covenants and
conditions of the within Lease on the part of the Tenant to be kept and
performed, including the payment of rent. No waiver, alteration or extension
between Landlord and the Tenant shall in anywise affect this guaranty.
This guaranty shall continue during the entire term of said Lease and
until the surrender of the Premises to the Landlord in the manner provided. If
any action be brought on this Guaranty by Landlord, the undersigned agrees to
pay reasonable attorney's fees to Landlord.
Witness to Signature of Guarantor Guarantor