THIS LEASE IS NOT TO BE CONSTRUED AS AN OFFER AND IS NOT BINDING ON
BARRISTER EXECUTIVES SUITES, INC. UTILITIES SIGNED BY AN OFFICER OF
BARRISTER EXECUTIVE SUITES, INC.
LEASE AGREEMENT
THIS LEASE is made on July 31, 1998 between Barrister Executive Suites, Inc., a
California Corporation (hereinafter referred to as "Lessor"), and Xenotech USA,
Inc. (hereinafter referred as "Lessee").
Lessor has entered into a master lease for the floor (the "Suite") described
below:
Floor or Suite Number: Suite 550
Name of Building: MOM Plaza (Building E)
Address: 2450 Broadway
City and State: Santa Monaco, California, 90404
This Lease is subordinate to the lease with the Building ("Master Lease") dated
February 18, 1987 (as amended).
Lessee desire to lease from Lessor a certain portion of the Suite for the
purposes of conducting Lessee's business together with rights in common to the
"common areas" of the Suite.
In consideration of the covenants and promises each to the other made
herein, the parties hereto agree as follows:
1. LEASED PREMISES, Lessor agrees to lease to Lessee and Lessee agrees
to lease from Lessor portions of the Suite described below (the "Premises") and
on the floor plan attached hereto as Exhibit A. In addition to the exclusive use
of the Premises. Lessee shall have the non-exclusive right in common with
Lessor's other lessees to use all common areas and facilities available in the
Suite. Except as otherwise agreed to in writing, Lessee takes the premises in an
"as is" condition.
(a) Office No(s) 4, 5, 6
(b) Desk Space No.(s) 29 & 30
Lessee shall be prohibited from using or occupying any premises other
than those premises designated in this Lease as the Premises. In the event that
Lessee uses or occupies any space other than the premises without Lessor's
written consent, Lessee shall pay Lessor a sum designated by Lessor for the
unauthorized use of said space.
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2. TERM. Except as it may be modified by the applicable provisions of
this Agreement, the term of this Lease shall be for a period of 17 months,
commencing on September 1, 1998, and expiring on January 31, 2000. If the term
commences on a day other than the first of the month, the term shall expire on
the lst day of the month identified herein, provided at least two (2) full
calendar months advance written notice of termination has been provided to
Lessor in the manner described in section 3 of this Lease.
In the event the Premises are not ready for occupancy on the
commencement date, this Lease shall remain in full force and effect provided
Lessor makes the Premises available for occupancy within forty-five (45) days of
the scheduled commencement date. In such case, all rent shall be abated until
Lessor makes the Premises available for occupancy. Lessor shall not be liable to
Lessee for any loss or damage arising from any delays; Lessee's sole remedy
shall be the right to cancel this Lease in the event Lessor fails to deliver
possession of the premises as set forth herein. Lessee is advised that any floor
plans provided by Lessor are not to scale, the measurements are not always
accurate, and the premises are not always built exactly as shown on the floor
plans.
3. LEASE TERMINATION. Either party may terminate this Lease at the
expiration date set forth herein by giving two (2) calendar months advance
written notice effective on the expiration date set forth on page one (1) of
this Lease. If neither party sends written notice of termination to the other
party two (2) calendar months in advance of the expiration date, this Lease
shall automatically become a month-to-month agreement REQUIRING AT LEAST TWO (2)
FULL CALENDAR MONTHS ADVANCE WRITTEN NOTICE TO TERMINATE THE LEASE, EFFECTIVE
THE END OF THE SECOND FULL CALENDAR MONTH. IF THE LEASE HAS EXPIRED ND BECOME A
MONTH-TO-MONTH..OR IF THE ORIGINAL TERM OF THE LEASE WAS MONTH-TO-MONTH TWO (2)
FULL CALENDAR MONTHS ADVANCE WRITTEN NOTICE OF TERMINATION IS REQUIRED, AND ANY
SUCH TERMINATION SHALL ONLY BE EFFECTIVE THE END OF THE SECOND FULL CALENDAR
MONTH. FOR EXAMPLE: IF WRITTEN NOTICE OF TERMINATION IS RECEIVED BY EITHER PARTY
BY APRIL 30th, ANY SUCH NOTICE SHALL BE EFFECTIVE JUNE 30TH. IF WRITTEN NOTICE
OF TERMINATION IS RECEIVED BY EITHER PARTY ON MAY 1ST OR ANY LATER DATE IN MAY,
ANY SUCH NOTICE SHALL NOT BE EFFECTIVE UNTIL JULY 31ST. Lessor's rent increase
notice is after the initial expiration date of this lease shall not to be
construed s a termination notice. All notices must be given pursuant to section
13.
If Lessee fails to vacate the premises for any reason after the
termination date or purports to rescind the termination notice after Lessor has
already leased Lessee's terminated space. Lessee will pay the rent the new
tenant had agreed to pay, plus any and all resulting damages and losses incurred
by Lessor because the new tenant cannot move into the space previously
terminated by Lessee.
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4. RENT. Lessee agrees to pay Lessor as rental for the premises the
following monthly sums:
$ 3700.00 Office(s)#4 ($1050.00), #5 ($1050.00), #6 ($1600.00)
$1300.00 Desk space(s) #29 (600), #30 ($700.00)
$N/A Telephone Equipment and Service
$ N/A Voicemail Box(es)
$N/A Furniture Rental (See Page 2A)
$5000.00 Total monthly rent
In addition to the above rent, Lessee shall be obligated to pay rent
for any space within the Suite which Lessee occupies but which is not included
in the premises (the "unrented space") Lessee's obligation for said unrented
space shall be at the rate set forth in Lessor's written notice to Lessee
concerning Lessee's occupancy of the unrented space. Lessee's obligation to pay
rent for the unrented space shall be effective as of the date in which Lessor
gives Lessee written notice of the rent to be paid for said space, and occupancy
of the unrented space shall be subject to all terms and conditions of this
Lease.
The terms and conditions of this Lease are confidential and Lessee
agrees not to reveal said terms and conditions to ANY third parties. Lessee's
disclosure of the terms and conditions of this Lease shall be cause for Lessor
at Lessor's sole discretion to immediately terminate this Lease, or increase
Lessee's rental rates to Lessor's current asking price.
Rent shall be payable on or before the first day of each and every
calendar month during the term hereof. If the term commences on a day other than
the first day of the calendar month, rent shall be prorated based on the portion
of the calendar month remaining. Lessee's first payment shall include one
month's full rent, plus any partial calendar month's rent for the first month of
the Lease, plus the lst month's rent. Plus the security deposit and set-up fee
of $150.00. At all times Lessee shall maintain the last month's rent with Lessor
in an amount equal to one (1) times the monthly rent paid by lessee for the
premises.
In addition to payment of the rent set forth herein, Lessee agrees to
the following: from any payment made by Lessee, Lessor shall first apply such
sums as are necessary to meet any of Lessee's outstanding obligations to Lessor.
Said obligations may arise from matters such as services Lessor provides Lessee.
Any remaining balance shall then be applied to lessee's rent obligation in the
amount set forth above. In the event such remaining balance is not sufficient to
meet Lessee's rental obligation, Lessee shall pay upon written demand by Lessor
any remaining sums due. Failure to pay said sums when so demanded shall
constitute an event of default under this Lease.
Any and all sums Lessee is obligated to pay under the terms of this
Lease shall be construed as rent obligations in addition to the monthly rent set
forth herein. Such additional rent
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shall include a service charge of Fifty Dollars ($50.00) for each of Lessee's
dishonored checks returned by the institution on which said checks are drawn. If
at any time during the term of this Lease Lessee has tendered payment by check
and lessee's bank returns more than one such payment for any reason including
insufficient funds, Lessor may, at its option, require all future payments be by
cashier's check. A Two Hundred dollar ($200.00) handling charge for each Three
Day Notice of Notice of Termination of Services which Lessor is required to
serve upon Lessee due to Lessee's failure to make timely rent payments or breach
of any other term or condition of this Lease shall be assessed against Lessee to
be paid with the monthly rent in the event more than one of either notice is
served during the term of the lease. A Seven Hundred Fifty Dollar ($650.00)
handling charge will be further assessed against Lessee in the event that Lessee
does not render payment after service of a Three Day Notice and Lessor then
serves Lessee with an Unlawful Detainer Action. Should Lessee not tender payment
of the rent by the first (1st) business day of each month, a late charge shall
be assessed in an amount of five cents ($0.05) for each dollar ($1.00) so
overdue for the purpose of defraying the expense incident to handling such
delinquent payment. In addition, Lessor may discontinue any and all service
provided Lessee, including, but not limited to use of all common areas, e.g.,
library and conference room, telephone answering service, photocopying, word
processing, fax and legal research. Should Lessor discontinue any service above
for non-payment, an administrative fee of One Hundred Dollars ($100.00) will be
assessed to reinstate said services. Lessee hereby releases Lessor, its
employees, agents, principals and contractors from any liability for damages
which Lessee may suffer as a result of Lessor's suspension of services for the
reasons stated herein.
5. SECURITY DEPOSIT. Upon executive of this Lease by Lessee, Lessee
will pay a security deposit in an amount of $15,000.00. In the event Lessee is
current with all rent payments to Lessor, Lessee may utilize a portion of the
security deposit towards rent in the 145h and 15th month. (December 1, 1999 and
January 1, 2000.) However, Lessee will continue to maintain the monthly rent
paid by Lessee for the Premises rent. Lessor shall bill Lessee for any such
additional security deposit as required. Lessor will refund Lessee's security
deposit, less any offsets as set forth in this paragraph, approximately thirty
(3) days after Lessee's tenancy has terminated and lessee's has vacated,
returned keys and removed any and all items of personal property from the
Premises.
USE Lessee shall use the premises solely for business purposes, and for
no other purpose. Lessee shall not do or permit anything to be done in or about
the Suite and Premises which will in any way obstruct or interfere with the
rights or other tenants or occupants of the Suite, or injure or annoy them, or
use or allow the Premises to be used for any improper, immoral, unlawful or
objectionable purpose, not shall Lessee use, maintain or permit any nuisance in
on or about the Premises. Lessee shall not commit or suffer to be committed any
waste in or upon the Premises. Lessee agrees that Lessee will not offer or use
the Premises to provide to others, services provided by Lessor to Lessor's other
Lessee. (I.E., Fax Machines, Copiers, etc.). If Lessee leases one or more desk
spaces, no desk space may be occupied by more than one person. Lessee agrees
that no office shall be occupied by more than two (2) persons without the prior
written consent of Lessor. Only two (2) computers or similar electronic devises
are allowed to be located in each office and not more than one in each desk
space. Lessor will provide all photocopy and
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fax services for the premises and Lessee shall not be permitted to install any
fax or photocopy machines in the Leased premises.
6. DEFAULTS AND REMEDIES
LESSEE'S DEFAULTS. Any of the following defaults shall
constitute a material default by Lessee:
(a) If Lessee fails to make any payment of rent, additional
security deposit or any other payment required to be made by Lessee hereunder
within 5 business days of notice.
(b) If Lessee withholds rent, deducts or offsets from rent or
services due hereunder any amount for any reason.
(c) If Lessee occupies, uses or stores any personal property
in any unrented office in the Suite, or stores any personal property in any
unrented desk space or unrented office in the Suite, or stores any personal
property in any common area after reasonable mail notice from Lessor.
(d) If Lessee fails to observe or perform any of the
provisions of this Lessee, where such failure shall continue for a period of ten
(10) days after written notice thereof from Lessor to Lessee.
If Lessee defaults under this Lease, (I) Lessor may terminate
this Lease, (ii) Lessor may recover in addition to any rent and other charges
already due and payable, all rent for the entire unexpired balance of the stated
term of this Lease and all costs incurred by Lessor to recover such sums from
Lessee, including reasonable attorney's fees and/or Lessor may recover damages
from lessee. All rights and remedies of Lessor under this Lease shall be
cumulative and in addition to any other rights or remedies available at law or
in equity. No failure by Lessor to exercise any rights or remedy or to insist
upon strict performance following a default by Lessee shall constitute a waiver
of such default by Lessor, (iii) Lessor may terminate all services provided
Lessee, including, but not limited to, use of all common areas, e.g., library
and conference room, telephone answering service, photocopying, word processing,
fax and legal research.
7. HIRING LESSOR'S EMPLOYEES. Lessor spends a great deal of time to
hire and train employees for the operation of the Suite and other suites. Lessee
derives the benefit of Lessor's experience in operating the Suite and of such
hiring and training procedures. Lessee realizes the time and expense Lessor
incurs to obtain personnel, and Lessee therefore agrees not to offer or accept
for hire any of Lessor's employees at any time during the term of any extension
or renewal of this Lease. "Lessor's employees" include Lessor's employees during
the period of their employment with Lessor and for a period of one hundred
eighty (180) days thereafter. Lessor and lessee have considered the matter and
have reasonably endeavored to estimate the actual damages to Lessor in the event
lessee breaches this provision and offers or accepts for hire any of Lessor's
employees, and both realizing that it would be impractical or extremely
difficult to fix the actual damage to Lessor resulting from such offer or hiring
of Lessor's employees. Lessor and Lessee therefore agree that if Lessee offers
or accepts for hire any of Lessor's employees at
5
any time during the term or any extension of renewal of this Lease, or within
one hundred eighty (180) days after lessee moves out of Lessor's offices, Lessee
agrees to pay Lessor the sum of Five Thousand dollars ($5,000.00) for the
employee so hired to compensate Lessor for Lessor's loss in hiring and training
said employee. Said sum represents the amount agreed upon by the parties as
Lessor's liquidated damages.
8. INSURANCE. Lessor has blanket liability insurance coverage for the common
areas in the Suite. Lessor's insurance does not cover the Lessee's premises or
lessee's property in the Suite and premises. Lessor shall not be libel to
lessee, or to any other person, for any damages or business interruption on
account of loss, damage, fire or theft of any personal or business property,
including, but not limited to property left with the floor receptionist or
telephone operators, door lettering or other property purchased by or belonging
to, Lessee.
Lessee shall indemnify and hold harmless Lessor from and against any
and all claims arising from Lessee's use of the premises, or from the conduct of
Lessee's business or from any activity, work or things done, permitted or
suffered by lessee in the premises and shall further indemnify and hold harmless
Lessor from and against any and all claims arising from any breach or default in
the performance under the terms of this Lease, or arising from any negligence of
the Lessee or any of Lessee's agents, contractors, visitors, or employees, and
from and against all cost, attorney's fees, expenses and liabilities incurred in
the defense of any claim or any action or proceeding brought thereon, and in
case any action or proceeding be brought against Lessor by reason of any such
claim. Lessee upon notice from Lessor shall defend the same at lessee's expense
by counsel satisfactory to Lessor and Lessor's landlord except to the extent of
Lessor's negligence or willful misconduct.
Lessee shall maintain a policy (issued by a company reasonably
acceptable to Lessor) of comprehensive general liability insurance with a
combined single limit of not less than $1,000,000 insuring against all liability
of Lessee and its gents arising out of Lessee's use or occupancy of the Premises
and including contractual liability coverage for the indemnification obligations
of Lessee under this lease. This policy of insurance shall name the Lessor as ad
additional insured and shall include cross liability endorsements in favor of
the Lessor. Lessee's insurance shall be primary and non contributing with any
insurance carried by Lessor, and shall contain an endorsement requiring at least
sixty (60) days prior written notice of cancellation to Lessor. Lessee shall
deliver a certificate of insurance to Lessor prior to taking occupancy of the
premises and shall provide evidence or renewed insurance coverage prior to the
expiration of any policies. No insurance required or obtained by lessee
hereunder shall limit any liabilities or obligations of lessee to Lessor under
this Lease.
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9. COMMON AREA. All areas not designated for exclusive use of tenants
or available for lease to prospective tenants constitute the Suite's common
areas. Lessee shall have the non-exclusive right of access and use of the common
areas and facilities contained therein. Conference room(s) may be used on a
reservation basis only subject to Lessor's rules and regulations governing use
of the same (see section 9 of exhibit D).
10. MASTER LEASE. Lessee shall have no greater rights to the use and
occupancy of the Suite and Premises than Lessor has with the Building under
Lessor' Master Lease: in particular, Lessee's term under this agreement shall
not be greater than Lessor's term under the Master Lease. Lessee is bound to
Lessor in the same manner as Lessor is bound to the Building with respect to all
standard lease provision (e.g., eminent domain, destruction of building, etc.),
as well as the rules and regulations of the Building attached hereto as Exhibit
C.
Termination of the Master Lease shall terminate this Lease and all of Lessor's
obligations hereunder. If Lessor's interest is so terminated, Lessee shall, at
the option of Lessor's landlord, attorn to Lessor's landlord and recognize
Lessor's landlord as Lessor under this Lease. Lessee shall execute and deliver
at any time when requested by Lessor's landlord an instrument to evidence such
attorment. Lessee waives the provision of any law which may give Lessee any
right of election to terminate this Lease or to surrender possession of the
premises by reason of the termination of the Master Lease. This paragraph does
not obligate Lessee in any way to the Master Lessor of the Building or to anyone
else, for anyone else's rent, or any payment whatever, except as expressly set
forth in this Lease.
At any time, Lessor may terminate this Lease upon sixty (60) days written notice
to Lessee in the event that Lessor's interest in the master Lease is terminated.
In the event Lessor's interest in the Master Lease is terminated, Lessee shall,
at the option of Lessor's landlord, attorn to Lessor's landlord or Lessor's
landlord's designee, and recognize Lessor's landlord or Lessor's landlord's
designee s Lessor under the Sublease. Lessee shall execute and deliver at any
time when requested by Lessor's landlord an instrument to evidence such
attornment. In no event, however, shall Lessor' landlord or Lessor's landlord's
designee be liable for any previous act or omission by Lessor under this
Sublease, or fro the return of any advance rental payments or deposits under
such agreements that have not been actually delivered to Lessor' landlord or
Lessor's landlord's designee, nor shall Lessor's landlord or Lessor's landlord's
designee be bound by any modification to any such agreements executed without
Landlord's consent, or for any advance rental payments in excess of one month's
rent. Lessee waives the provision of any law which may give Lessee any right of
election to terminate this Lease or to surrender possession of the Premises by
reason of the termination of the Master Lease.
11. SUBLETTING. Lessee shall not sublet or assign the Premises or any
part therefor for any period of time. Any subletting or assignment of this Lease
which is not in compliance with the provisions of this paragraph shall be void
and shall, at the option of Lessor, terminate this Lease. In such event, Lessee
shall be liable for any expenses Lessor may incur in
7
regaining possession of the premises or so much of the premises as Lessee may
have subleased or assigned without Lessor's consent.
NOTICE TO LESSOR. Any notice regarding a breach of this lease or
termination thereof shall be in writing and sent by certified mail or personal
delivery to Barrister Executive Suites, Inc., Attention: lease Termination
Department, 233 Wilshire Boulevard, Suite 500, Santa Monica, California 90401
(in the case of Lessor), or to Lessee c/o the address of the Premises (in the
case of Lessee). Certified mail notice shall be deemed given forty-eight (48)
hours after the date is placed, postage prepaid, in a depository for United
States mail. PERSONAL DELIVERY TO THE FLOOR MANAGER, RECEPTIONIST OR TELEPHONE
OPERATOR DOES NOT CONSTITUTE NOTICE TO LESSOR. Either party may provide for a
different address by notifying the other part of said change as provided for
herein.
12. SUBSTITUTION
13. RULES AND REGULATIONS. Lessee shall observe at all times Lessor's
Rules and Regulations, a copy of which is attached hereto as Exhibit D.
14. REPAIRS. The landlord which leases the Suite to Lessor is
responsible for construction of the building, parking garage or lot, and repairs
to elevators, air conditioning, electrical, plumbing and structural supports
under the Master Lease. Lessor is not liable to Lessee by reason of any defect,
inadequacy or insufficiency in same. Lessee may not deduct or offset any amount
from rent due herein because of any problem regarding construction, access to
services, repairs or lack thereof. Lessor will coordinate any repair or
complaint of Lessee. However, any claim by lessee with respect thereto shall be
made solely again the Building and Lessor hereby assigns to Lessee, solely for
the purpose of making and prosecuting any such claim, all rights which Lessor
has under the Master Lease. Lessor will coordinate all repairs for dangerous
conditions existing in the common areas within the Suite. Lessee responsible
for, and shall indemnify and hold Lessor harmless from and against, any damage
to persons or property caused by Lessee, or Lessee's employees, agents, clients,
guests or invitees, as well as any business interruption, lost business or
income cause by phone system problems, long distance and local phone service
problems, photocopies problems, and/or fax machine problems.
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15. RIGHT OF ENTRY. If Lessee has given notice to terminate or Lessee
is in default of rental payments, or if Lessee is on a Month -to-Month Lease,
Lessor's employees may show the premises to prospective tenants between 9:00
a.m. and 6:00 p.m., Monday through Friday. If during the last month of the term
Lessee shall have removed all or substantially all of Lessee's property, Lessor
may immediately allow anyone else to occupy the Premises without relieving
Lessee of liability for rent for that period of time unless Lessor receives
rental income from Lessee's space, in which event such payment shall be credited
against Lessee's rent obligation for the period of time the space is occupied by
someone else.
16. UTILITIES, SERVICES, MAINTENANCE AND CONSTRUCTION. Under Lessor's
Master Lease, the Building provides utilities, services (janitorial,
heat and air conditioning) and maintenance. Janitorial services include
carpet vacuuming, but not shampooing. Heat and air conditioning is
provided during generally recognized business days and hours. Lessee is
allowed access to the premises twenty-four (24) hours a day, seven (7)
days a week, subject to the Building's rules requiring proper
identification after normal business hours. Lessor is not liable to
Lessee by reason of any failure to provide or the inadequacy of
utilities, janitorial, heat or air conditioning services, parking,
elevators, or maintenance. Lessor is not responsible for any negligence
of the Building's agents or employees. Lessee may not deduct or offset
any amount from rent due herein because of any problem regarding
utilities, heat, air conditioning, parking, elevators, janitorial
services, maintenance services defective construction of premises. Upon
request by lessee, Lessor will write the Building regarding any
immediate complaint by Lessee regarding utilities, heat, air
conditioning, janitorial services, maintenance of construction;
however, any claim by Lessee with respect thereto shall be made by
Lessee directly to the Building, and Lessor hereby assigns to Lessee,
solely for the purpose of making and prosecuting any such claim, all
rights which Lessor has against the Building under the Master Lease.
Lessor is responsible for maintaining the common areas within the
Suite, however, Lessor is not responsible for maintaining, repairing or
cleaning the floor covering, wall covering or drapes/window blinds
within Lessee's premises, other than the normal janitorial service
provided by the Building.
17. ATTORNEY'S FEES. In the event legal proceedings to regain
possession of the premises or to collect moneys owed are instituted because of
Lessee's failure to pay rent, security deposit, cost of repair of the Premises
or to cure any breach of this Lease, the prevailing party shall be entitled to
recover an element of his cost of suit, and not as damages, reasonable
attorney's fees to be fixed by the court. The "prevailing party" shall be the
party who is entitled to recover his costs of suit, weather or not the suit
proceeds to final judgment. The party not entitled to recover his costs shall
not recover attorney's fees. No sum for attorney's fees shall be counted in
calculating the amount of a judgment for purposes of determining whether a party
is entitled to recover his costs of attorney's fees reciprocal.
18. ENTIRE AGREEMENT, MERGER AND WAIVER. This Lease Agreement
supersedes and cancels any and all previous negotiations, arrangements, offers,
brochures, agreements or understandings, if any, between the parties hereto.
This Lease Agreement
9
expresses and contains the entire agreement of the parties hereto and there are
no expressed or implied representations, warranties or agreements between them,
except as herein contained. This Lease Agreement may not be modified, amended or
supplemented except by a writing signed by both Lessor and Lessee. No consent
given or waiver made by Lessor of any breach by lessee of any provision of this
Lease Agreement shall operate or be construed in any manner as a waiver of any
subsequent breach of the same or of any other provision.
BARRISTER EXECUTIVE SUITES, INC.
LESSEE LESSOR
- -------------------------------- -------------------------------------
Neil W. Speakman (Chairman)
Date: JULY 31, 1998 Date:
--------------------------- --------------------------------
*YOUR SIGNATURE IS ALSO REQUIRED ON PAGE 6 OF EXHIBIT D.*
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EXHIBIT B
Not applicable to this Lease Agreement.
11
EXHIBIT C
RULES AND REGULATIONS
12
1. WHICH CONSTITUTE A PART OF THE LEASE The common area sidewalks,
entrances, passages, courts, elevators, vestibules, stairways, corridors or
halls shall not be obstructed or used for any purpose other than Negroes and
egress.
2. No awnings or other projection shall be attached to the outside
walls of any building or balcony without the prior written consent of the
Landlord. No curtains, blinds, shades or screens shall be attached to or hung
in, or used in connection with, any window or door of the Premises, without the
prior written consent of the Landlord. Such awnings, projections, curtains,
blinds, shades, screens or other fixtures must be of a quality, type, design and
color, and attached in the manner approved by the Landlord. All electrical
ceiling fixtures must be fluorescent, of a quality, type, design and color
approved by Landlord.
3. No sign, advertisement, notice, insignia, trademark, logo or the
like shall be exhibited, painted or affixed by any tenant on any part of, or so
as to be seen from the outside of, the premises or the Project without the prior
written consent of the Landlord. In the event of the violation of the foregoing
by any tenant, Landlord may remove same without any liability, and may charge
the expense incurred in such removal to the tenant violating the rule. Interior
designs on doors and directory tables shall be inscribed, painted or affixed for
each tenant by the Landlord at the expense of such tenant, and shall be of
building standard material, size, color and style or as otherwise approved and
acceptable to the Landlord. Tenant shall not solicit any business in Common
Areas of the Project.
4. The windows and doors that reflect or admit light and air into the
halls, passageways or other public places in the Project shall not be covered or
obstructed by any tenant, nor shall any bottles, parcels or other articles be
placed on the windowsills.
5. The water and wash closets and other plumbing textures shall not be
used for any purpose other than those for which they were constructed, and no
sweepings, rubbish, rages or other substances shall be thrown therein. All
damages resulting from any misuse of the fixture shall be borne by the tenant
who, or whose servants, employees, agents, visitors or licenses shall have
caused the same.
6. No tenant shall mark, paint, drill into, or in any way deface any
part of the premises or the project except for standard, customary office
decorations. No boring, cutting or stringing of wires or laying of linoleum or
other similar floor coverings shall be permitted except with the prior written
consent of the Landlord, or as the Landlord may direct.
7. No bicycles, or animals of any kind shall be brought into or kept in
or about the premises. No tenant shall cause or permit any unusual objects odors
to be produced upon or permeate the Premises.
8. The Premises shall not be used for manufacturing or the storage of
merchandise except as much storage may e incidental to the use of the premises
for general office purpose. No tenant shall occupy not permit any portion of his
premises to be occupied for the manufacturer or sale of narcotics, liquor, or
Tobacco in any form, as a barber or manicure shop. No tenant shall
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engage or pay any employees on the premises except those actually working for
such ______ on the Premises nor advertise for laborers giving an address at the
premises or Project. The Premises shall not be used for lodging or sleeping or
for any immoral or illegal purposes.
9. No tenant shall make, or permit to be made, any unseemly or
disturbing noises or disturb or interfere with occupants of the Building or any
neighboring buildings or premises whether by the use of any musical instrument,
radio, phonograph, unusual noise, or in any other way. No tenant shall throw
anything out of the doors or windows or down the passageway.
10. No tenant, nor any of tenant's servants, employees, agents,
visitors or licensees, shall at any time bring or keep upon the premises any
inflammable, combustible or explosive fluid, chemical or substance or any foul
or noxious gases or substance.
11. No additional locks or bolts of any kind shall be placed upon any
of the doors or windows by any tenant, nor shall any changes be made in existing
locks or the mechanism thereof. Each tenant must, upon the termination of his
tenancy, restore to the Landlord all keys of offices, toilet rooms and all other
enclosed areas, either furnished to, or otherwise procured by, such tenant, and
in the event of the lost of any keys so furnished, such tenant shall pay to the
Landlord the cost of replacing the same or of changing the lock or locks opened
by such lost key if Landlord shall deem it necessary to make such change.
12. All removals, or the carrying in or out of any freight, furniture,
or bulky matter of any description must take place during the hours which the
landlord may determine from time to time. The moving of fixtures of bulky matter
of any kind must be made upon previous notice to the manager of the project and
under his supervision, and the persons employed by any tenant for such work must
be acceptable to the Landlord. The Landlord reserves the right to inspect all
freight or other bulky articles which violate any of these Rules and Regulations
or the lease of which these Rules and regulations are a part. The Landlord
reserves the right to prescribe the weight and position of all safes or other
heavy objects, which shall are to be located in the premises and, in any event,
shall be placed upon supports approved by Landlord to distribute the weight.
Landlord will not be responsible for loss or of damage to any such safe or
property from any cause and all damage done to the project by moving or
maintaining any such safe or other property shall be repaired at the expense of
tenant.
13. The requirements of tenants will be attended to only upon
application to the manager of the Project.
14. All office equipment of any electrical or mechanical nature shall
be placed by tenants in the premises in settings approved by landlord, to absorb
or prevent any vibration, noise or annoyance.
15. No heating or air conditioning unit or other similar apparatus
shall be installed or used by any tenant without the written consent of
Landlord.
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16. There shall not be used in any space, or in the common areas of the
Project, either by any tenant or others, any hand trucks except those equipped
with rubber tires and side guards.
17. Tenant shall not conduct any action, fire, bankruptcy, going out of
business, liquidation of similar sales.
18. Landlord shall have the right at any time to expel peddlers,
beggars, solicitors and loiterers.
19. Tenant shall not place any radio or television antennae on the roof
of the Project or on any exterior part of the premises or the project.
20. Landlord shall have the right to prohibit any display or
advertising by any tenant which, the Landlord's sole opinion, may tend to impair
the reputation of the Project or less desirability as an office and retail
development. Upon written notice from Landlord, tenant shall within five (5)
days thereafter discontinue or cause to be discontinued all such advertising.
21. On Saturdays, Sundays and legal holiday, and on other days between
the hours of 6:00 p.m. and 8:00 a.m. the following day, access to the Project or
to the halls, corridors, elevators or stairways in the project, or to the
Premises, may be refused unless the person seeking access is known to the person
or employee of the project in charge and has a pass or is properly identified.
The Landlord shall in no case be liable for damages for any error with regard to
the admission to or exclusion from the project of any person. In case of
invasion, mob, riot, public excitement, or other commotion, the Landlord
reserves the right to prevent access to the project during the continuance of
the same by closing of the doors or otherwise, for the safety of the tenants and
protection of property in the Project.
22. Any person or entity employed by any tenant to do janitorial work,
shall, while in the project and adjacent to the Premises, be subject to and
under the control and direction of the manage of the project (but not as an
agent or servant of said superintendent or of the Landlord) and Tenant shall be
responsible for all acts of such persons. No such person shall be responsible
for all acts of such persons. No such person shall be allowed in the project
after regular hours without the prior approval of Landlord.
23. Canvassing, soliciting and peddling in the project are prohibited
and each tenant shall cooperate to prevent the same.
24. No vending machine or machines of any description shall be
installed, maintained or operated upon the premises without the written consent
of Landlord.
25. Tenant shall not overload the floor of the premises or in any way
deface the premises or any part thereof.
26. No cooking shall be done or permitted by any tenant on the Premises
(except for use of a coffee maker and microwave), nor shall the Premises be used
for the storage of
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merchandise, for washing clothes, for lodging , or for any improper,
objectionable or immoral purposes.
27. Landlord will direct electricians as to where and how telephone and
telegraph wires are to be introduced. No boring or cutting for wires will be
allowed without the consent of the Landlord. The location of telephones, call
boxes and other office equipment affixed to the premises shall be subject to the
approval of Landlord.
28. Landlord reserves the right to exclude or expel from the Project
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 project.
29. Landlord shall have the right, execrable without notice and without
liability to Tenant, to change the name and street address of the Project of
which the Premises are a part.
30. Without the written consent of Landlord, Tenant shall not use the
name of the project in connection with or in promoting or advertising the
business of Tenant except as Tenant's address.
31. Landlord shall have the right to control and operate the public
portions of the Project, and the public facilities, and heating and air
conditioning, as well as, facilities furnished for the common use of the
Tenants, in such manner as it deems best for the benefit of the Tenants
generally.
All entrance doors in the premises shall be left locked when the Premises are
not is use, and all doors opening to public corridors shall be kept closed
except for normal ingress and egress from the Premises.
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EXHIBIT D
BARRISTER EXECUTIVE SUITES, INC.
RULES AND REGULATIONS
ATTACHED AND MADE A PART OF LEASE
Lessor has adopted these Rules and Regulations for the purpose of
assuring Lessee of the quiet enjoyment of the Suite. Lessee agrees to abide by
the Rules and Regulations so long as Lessee remains in occupancy of the
premises.
1. COMMON AREAS. The sidewalks, hallways, passages, exits, entrances,
elevators, escalators and stairways shall not be obstructed by Lessee or used by
him for any purpose other than for ingress to and egress from the premises. The
halls, passages, exits, entrances, escalators and stairways are not for the use
of the general public and Lessor shall in all cases retain the right to control
and prevent access hereto by all persons whose presence in the judgment of
Lessor shall be prejudicial to the safety, character, reputation and interests
of the suite and its Lessee, provided that nothing herein contained shall be
construed to prevent such access to persons with whom Lessee normally deals in
the ordinary course of such Lessee's business unless such persons engaged in
illegal activities.
2. DISPLAY OF SIGNS. No sign, placard, picture, name, advertisement or
notice, visible from the exterior of the premises shall be inscribed painted,
affixed or otherwise displayed by lessee on the premises or any part of the
building without the prior written consent of Lessor, and Lessor shall have the
right to remove any such sign, placard, picture, name, advertisement or notice
without notice to and at the expense of Lessee. Lessor's consent, whether before
or after the execution of the Lease, shall in no way operate as waiver or
release of any of the provisions hereof or of the Lease, and shall be deemed to
relate only to the particular sign, placard, picture, name, advertisement or
notice so consented to by Lessor and shall not be construed as dispensing with
the necessity of obtaining the specific written consent of Lessor with respect
to any other such sign, placard, picture, name, advertisement or notice.
3. DIRECTORY. Subject to the Building's rules and regulations, Lessee
may have Lessee's business name of the Building's lobby and parking-level
directories. Lessor will order the installation of directory listings for the
name(s) designated as "Lessee" on this Lease. Lessee shall pay the Lessor's
prevailing charge for any Directory Listing. If Lessee desires a different
listing, additional listings, or does not want a name on the directories. Lessee
will note that fact at the bottom of this page and at the discretion of Lessor
and the Building, such additional listings may be provided.
4. DOOR LETTERING. Lessee may, at Lessee's expense have the occupant's
name placed on lessee's office door in the uniform size, style, place and manner
selected by
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Lessor. If lessee requires door signs, Lessee shall pay Lessor for same at
Lessor's prevailing rate. Lessee shall not install a title, company name or
anything else on the outside of Lessee's door or any other location visible form
the common area. For attorneys, a law firm name on the door is permissible, so
long as it does not exceed one line. Lessor recommends the use of a single
occupant's name, or no name at all. If Lessee's office is within a private
suite, Lessee shall not place any name on the entrance door to the private suite
unless Lessee has leased the entire mini-suite , or each office desk space
within that private suite is occupied and Lessee obtains written consent of all
other tenants within that private suite. If at any time lessee does not lease an
entire min-suite or private suite and Lessee does not have the consent of all
other occupants of the mini-suite or private suite, including Lessor's in the
event a vacancy exits. Lessee shall remove, at its own expense, all lettering
from the entrance door to the mini-suite or private suite. If Lessee's door
lettering is not installed by the office of the building or the company
recommended by Lessor, of if the next lessee does not immediately install door
lettering. Lessee is responsible for the cost o professional removal of Lessee's
door lettering as well as any damage to the door cause by the removal of
lessee's door lettering. If any co-Lessee complains that Lessee's door lettering
is not in keeping with the provisions herein, Lessee will alter at Lessee's
expense the door lettering to comply with these provision.
5. KEYS. Lessor will supply one key to the door of each office of desk
area (including one key for each existing desk lock if the former tenant
returned the key) rented by Lessee. If Lessee does not receive a door key for
space rented within 5 days after the commencement date of this Lease, Lessee
shall send Lessor a certified letter with return receipt asking for the key(s)
and if such letter is not received by Lessor, Lessee will be deemed to have
received the key(s). and Lessee will be responsible for replacing the keys(s)
when Lessee moves out. Lessee will pay the Lessor's prevailing charge for
elevator keys, security cards or keys to enter the Building after normal
business hours, or additional office or desk area keys. Lessor is not
responsible for changing any lock for any reasoning including, but not limited
to the master key kept by Lessor's employees, or any other key with opens the
Lessee's space being stolen, lost or misplaced. Lessee understands that Lessor
is not liable for theft. Subject to the approval of the Building manager, Lessee
may install a deadbolt lock on or change the tumbler on any door(s) leading to
an area within which Lessee has leased all the space. Deadbolts must be
installed above the doorknob with precisely 7 1/2" between the center of the
knob and the center of the dead bolt. If Lessee chooses to change the tumbler or
to install a dead bolt, Lessee realizes that maintenance personnel will not e
able to enter and clean Lessee's office(s). Lessee shall be responsible for the
return of all keys to the premises. In the event Lessee fails to do so, Lessee
shall pay Lessor for the cost of re-keying all doors to the premises. If Lessee
requires Lessor to admit Lessee into the premises. Lessee will be assessed
Lessor's standard charge for admitting Lessee for each occurrence after the
first.
6. CARPETING AND WALL COVERING. Lessee accepts the carpeting, flooring
and walls on an "as is" basis. Lessee shall return the carpeting, flooring,
walls, and wall covering to Lessor in their installed condition less normal wear
and tear. Lessee may not make changes in floor covering or wall covering without
the prior written consent of Lessor. Upon termination of the Lease whether upon
expiration of the term or sooner. Lessee agrees to pay Lessor One Hundred
Dollars ($100.00) per leased office and per leased desk space to cover the
painting and
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cleaning costs for each such space. The applicable amounts for painting and
cleaning costs shall be deducted from Lessee's security deposit should Lessee
fail to pay Lessor for same upon lease termination.
7. DRAPES (OR VENETIAN BLINDS). Lessor shall provide drapes or blinds
(whichever is standard for the Building) in exterior window offices (excluding
offices with atrium exposures) at no expense to Lessee. Lessor is not obligated
to clean or repair the drapes (or blinds). Lessee shall return same to Lessor in
their present condition less normal wear and tear. As required by the Building,
Lessee must use the building standard drapes or blinds. Lessee may install
overdrapes (visible only from within the office) in the texture and color of
Lessee's choice, which must be removed at lease termination. If the Building has
special sun-resistant glass treatment and does not provide drapes or blinds for
other floors in the building, Lessor shall not be required to provide drapes or
blinds to Lessee.
8. IMPROVEMENTS. Lessee may make cosmetic improvements within the
office(s) and/or desk space(s) leased herein subject to Lessor's prior written
approval and provided that Lessee pays for any such improvements and further
provided said improvements do not affect the structural integrity of the
Building or violate Lessor's Master Lease. All improvements (other than floor
covering or wall covering changes) must be done by the Building's general
contractor or a contractor of lessee's choice with the prior written prior
written permission of the Office of the Building and Lessor. Lessee may remove
any improvements paid for by Lessee provided that Lessee repairs any holes, gaps
or other damage to walls, ceiling, flooring or their coverings. Lessee will
remove any improvements (other than additional, normal-height electrical outlets
or shelves within a cabinet or closet occupied by Lessee) installed by Lessee
and restore the premises to the condition prior to Lessee's occupancy if
requested to do so by Lessor. Lessee shall not remove any improvement for which
Lessor contributed payment without Lessor's prior written consent. During the
restoration period, Lessee shall pay rent to Lessor as provided herein as if
said space were otherwise occupied by Lessee.
9. CONFERENCE ROOM. Lessee may use the conference room(s) on a
reservation basis only. Lessee may not have a standing or permanent reservation
of the conference room. Lessee will not reserve the conference room on more than
3 occasions in any 30-day period nor may Lessee reserve use of the conference
room for an entire day more than one day at a time, unless Lessor's floor
manager confirms that such excess use does not conflict or interfere with any
other co-tenant's reasonable pro rate use of the conference room. Excess usage
will be charged to Lessee at Lessor's prevailing rate. Lessee understands the
conference room is for meetings, depositions or other conferences and is not to
be used for lunches or any other purpose which causes loud noise. Offensive
odors or any other environmental situation which disturbs other tenants. Use of
the conference room at any other suite operated by Lessor is permitted one time
in any 30-day period on a reservation basis. Such usage is limited to normal
business hours when the floor manager is present.
10. LIBRARY. Lessor will provide access to a Law Library, consisting of
one set of each major multi-volume publication (other than desk or specialized
sets) used most frequently by
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most lawyers as determined by Lessor's experience (said law library may be
comprised of CD-ROM disks or books). Lessee shall not mark, mar, tear or
otherwise deface any book.
Lessee shall refrain from smoking, eating and drinking in the library
and shall be bound by the rules made by Lessor with respect to the use of the
library, including but not limited to the following:
a) Lessee will return to the shelf each book that Lessee
removes from the shelf.
b) Lessee will complete an "out card" for each book
removed from the library.
c) Lessee will not keep any book out of the library
overnight.
Lessor is not responsible for repurchasing lost, stolen or missing
books or supplements.
If the number of lost, stolen or missing books is unusually large, ad
determined by Lessor's experience in running numerous law suites, Lessor may
lock the library after normal business hours or institute other security
measures Lessor deems appropriate, including inspection of all offices in the
Suite to locate missing books.
Lessee realizes that every book or supplement needed by Lessee will not
always be in the library as some books or supplements may be missing, stolen or
have been removed by tenants. Lessee acknowledge that Lessor is not responsible
to Lessee or any other persons in the event that research by, or on behalf of
Lessee is inadequate or incomplete because some books or supplements have not
been updated, have been removed, or are missing or stolen. Lessor may at any
time and without prior notice to Lessee remove the on-site library, however,
Lessee shall have the right to use the library of any other law suite operated
by Lessor but may not remove any book from said library. The Law Library is
provided for the convenience of the tenants and Lessor can not be held
responsible for any inadequacy therein.
11. TELEPHONE, MAIL SORTING AND RECEPTION. Lessor agrees to provide
standard telephone answering, mail sorting and reception services as reasonably
required by Lessee from 9:00 a.m. to 5:30 p.m., Monday through Friday, national
and/or state holidays excepted. Lessee shall be responsible for its own
telephone expense, and the installation and monthly service charges, if any,
from the telephone company by reason of Lessee's lines being connected to the
reception desk and telephone room consoles. Any telephone expense billed to
Lessor (including any telephone company double charge) shall be paid or
reimbursed by Lessee to Lessor. Lessee agrees to use only the telephone
equipment and services of the vendor authorized by Lessor if Lessee wishes to
connect its telephones lines to Lessor's switchboard and have Lessor answer
Lessee's telephone lines. Lessee may not install more than two incoming lines on
Lessor' switchboard for each office and one incoming line for each desk space,
and all such lines are to be answered with the same greeting. Telephone
equipment shall only be moved by Lessor
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or its authorized vendor and Lessee shall be responsible to pay all costs of
such moves at the current rates charged by Lessor's authorized vendor.
In the event that Lessee receives excessive incoming telephone calls
through Lessor's switchboard (Greater than 1,000 calls per month per office
rented will be considered excessive). Lessor may impose a reasonable charge for
such excessive usage or require Lessee to disconnect its telephone lines from
Lessor's switchboard and have Lessee answer its own telephone lines. Lessee is
encouraged to have a private line that bypasses Lessor switchboard for important
clients and personal callers so as to help ensure that Lessee does not receive
excessive calls through Lessor's switchboard.
Lessee is required to maintain voice-mail access so that
Lessor's telephone operators may route Lessee's callers that need to leave a
message into said voice-mail. Should Lessor's operators e required to take a
paper message for any reason, Lessee agrees to pay Lessor's standard charge for
each such message written.
Should Lessee choose not to connect to Lessor's switchboard
and not have Lessor answer its telephone, Lessee may use its own telephone
equipment provided Lessee obtains said equipment from a telephone vendor
approved by Lessor. Lessee acknowledges that the telephone cabling which
currently exits in the suite is the property of Lessor and Lessor may have
provided the rights to use the existing cabling to its authorized telephone
vendor. Therefore, if Lessee chooses to use its own telephone equipment, Lessee
may be charged a monthly fee by Lessor or its authorized telephone vendor for
use for the existing telephone cabling. In the event Lessee replaced Lessor's
cabling with Lessee's own vendor's cabling, Lessee shall reimburse Lessor for
any expense Lessor's phone vendor assesses to switch out its cabling and to
restore it after Lessee vacates the Premises.
Lessee agrees that Lessor is not responsible for the acts or
omissions of Lessor's telephone vendor. Lessor is not responsible for telephone
equipment breakdowns, and Lessee understands that telephone service may not
always be continuous. Further, Lessee agrees to release and hold Lessor harmless
from any loss, damage, claim or liability arising out of or in connection with
any telephone equipment failure, including lost business or income. Services
offered by Lessor are subject to human, electrical and mechanical error failure,
or illness which may result in the delay or discontinuation of these services.
Lessee acknowledges that Lessor is not responsible for telephone equipment
breakdowns and that telephone service may not always be continuous.
If the telephone company does not install Lessee's phone on or
before the commencement date of this Lease, the commencement date shall not be
extended, nor shall rent be abated, since Lessee is responsible for insuring
that Lessee's telephone lines are installed in Lessee's office and connected to
Lessor's central call director. If Lessee desires a floor telephone outlet or
any other telephone outlet not already provided, Lessee will pay the Building's
relocation charge and any additional conduit and electrical work charges.
Lessee recognizes that telephone answering, mail sorting and
reception services are never perfect and that all receptionists and telephone
operators make mistakes. Lessor strives to provide excellent telephone
answering, mail sorting and reception services, however it will not
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be error-free. Lessee may perform telephone answering and mail service directly
or through Lessee's employees. Lessee agrees that Lessor shall not be liable for
any loss of business or damages of any sort occurring through or in connection
with, or incidental to the furnishing of, or the failure to furnish, telephone
answering, mail sorting or reception service. Further, Lessee agrees to release
and hold Lessor harmless from any loss, damage, claim or liability arising out
of or in connection with any telephone answering, mail sorting and/or reception
service provided or not provided by Lessor's employees to Lessee or to any
caller, visitor or associate of Lessee, or mail or deliveries of any goods or
merchandise intended for lessee. IN THE EVENT OF THIS LEASE TERMINATES, OR
LESSEE IS IN DEFAULT HEREUNDER, LESSOR MAY, AT ITS ELECTION, REFUSE TO PROVIDE
TELEPHONE ANSWERING SERVICE, LIBRARY AND CONFERENCE ROOM USAGE, PHOTOCOPYING,
WORD PROCESSING, FAX AND LEGAL RESEARCH AND LESSOR SHALL NOT BE IN BREACH OF ANY
OF ITS OBLIGATIONS HEREUNDER. NOR SHALL REFUSAL BE DEEMED AN EVICTION OF LESSEE
UNDER THIS LEASE.
Lessor provides open message and mail slots to all tenants.
Lessee acknowledges that Lessor is not responsible for loss or theft of messages
or mail. Lessee may install at Lessee's expense a locking cover over the mail
slot or one or both sides of the message slot provided that Lessee will be
responsible for any damage to said mail or message slot s well as for restoring
the slot to its original condition when Lessee moves out. Lessee understands
that any covered slot will not be in alphabetical order and will be at the
beginning or end of the row of slots at the telephone operator's discretion.
Lessee further understands that a key must be given to the telephone operators
in order form them to insert mail and/or messages into the respective slots or
the covers must be designed with a small opening for this purpose. Lessor's sole
obligation to answer telephones or sort mail shall be limited to Lessee's name
or associates of Lessee occupying individual offices. Services in addition to
the foregoing shall be subject to a charge to be determined by Lessor.
Upon termination of this Lease, Lessor will write on all mail
"Return to Sender" and return to the post office. Lessor will not store mail nor
place a forwarding address on it unless Lessee pays the then-prevailing charge
for said service.
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12. PHOTOCOPYING AND FAX. Lessor will provide all photocopy and fax
services for the premises and Lessee shall be permitted to install any fax or
table top photocopy machines in the Leased premises. If Lessee desire to use
these services, Lessee shall execute separate services agreements for same, and
charges arising from these services shall appear on Lessee's monthly statements
and shall be paid for together with the monthly rent for the premises. Lessee
recognizes that photocopy and fax machines do break down and that repair persons
do not come over promptly. Lessee acknowledges that Lessor is not responsible
for machine breakdowns.
13. PARKING. Lessee and Lessee's visitors may have validated and
monthly automobile parking (if available) in the Building's parking facilities,
if any, according to the Building's rules and regulations. Lessor is under no
obligation to provide parking. Lessee's failure to obtain parking shall in no
way affect Lessee's obligation to pay rent.
14. PROFESSIONAL CONDUCT. If Lessee conducts himself or his business in
such a manner that reflects unfavorably on them or the Suite, Lessor may
terminate this Lease on 15 days notice to Lessee and any rent paid in advance
will be returned to lessee on a pro rate basis. Lessor further reserves the
right to exclude, expel from the Suite or terminate the Lease of (on 5 days
notice to Lessee) any person who, in the sole judgment of Lessor is abusive to
Lessor's employees, tenants or visitors to the premises, is intoxicated or under
the influence of liquor or drugs, or who shall in any manner do any act in
violation of any these rules and regulations or applicable laws.
15. SMOKING. Smoking is expressly prohibited in all areas of the Suite.
16. AMENDMENTS. lessor may, without further notice, make changes or
adopt any such other and further rules and regulations which in its sold
judgment may be necessary for the proper operation of the Suite. Lessee agrees
to abide by all such rules and regulations hereinabove stated and any additional
rules and regulations which are adopted. So long as Lessee is not in violation
of its obligations under the Lease of these rules and regulations. Lessor shall
observe the rules and regulations.
BARRISTER EXECUTIVE SUITES, INC.
LESSEE LESSOR
- -------------------------------- -------------------------------------
Neil W. Speakman (Chairman)
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Date: JULY 31, 1998 Date:
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YOUR SIGNATURE IS ALSO REQUIRED ON PAGE 8 OF THE LEASE
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