Common use of AFFIRMATIVE COVENANTS OF TENANT Clause in Contracts

AFFIRMATIVE COVENANTS OF TENANT. Tenant covenants and agrees: 14.1.1 Without limiting the obligations of Tenant under Section 13 hereinabove, to comply with the requirements of any constituted public authorities, and with the terms of any state or federal statute or local ordinance or regulation applicable to Tenant or its use of the Demised Premises. 14.1.2 To give to Landlord prompt notice of any accident, fire, or damage occurring in or to the Demised Premises. 14.1.3 To keep the Demised Premises sufficiently heated to prevent freezing of water in pipes and fixtures. 14.1.4 To conduct its business in the Demised Premises in a diligent and dignified manner and to keep the Demised Premises in good condition in accordance with Tenant's normal standards for similar facilities it occupies. 14.1.5 Immediately to remove and discharge any charge, lien, security interest or encumbrance upon the Demised Premises or upon any Fixed Rent, additional rent or other sums payable hereunder which arises for any reason, including, without limitation, all liens which arise out of the possession, use, occupancy, construction (after the Commencement Date), repair or rebuilding of the Demised Premises or by reason of labor or materials furnished or claimed to have been furnished to Tenant or for the Demised Premises, but not including (i) this Lease and any assignment hereof or any sublease permitted hereunder, and (ii) any mortgage, charge, lien, security interest or encumbrance created or caused by Landlord or its agents, employees, or representatives without the consent of Tenant. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by any contractor, laborer, materialman or vendor, of any labor or services, or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Demised Premises or any part thereof, Notice is hereby given that Landlord will not be liable for any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding an interest in the Demised Premises or any part thereof through or under Tenant, and that no mechanic's or other liens for any such labor, services or materials shall attach to or affect the interest of Landlord in and to the Demised Premises. 14.1.6 Tenant shall timely perform all duties and obligations imposed on it under this Lease and shall notify Landlord in the event of its nonperformance or default hereunder. 14.1.7 Tenant shall maintain its existence and shall continue to be a corporation, duly qualified to do business in each jurisdiction in which such qualification is necessary to the conduct of its business. Tenant shall promptly inform Landlord of any change in the location of its principal office or of any change in the location of its books and records.

AFFIRMATIVE COVENANTS OF TENANT. Tenant covenants and agreesagrees that it will without demand: 14.1.1 Without limiting a. Pay Rent, its proportionate share of Operating Expenses and all other charges herein on the obligations days and times that the same are made payable without fail, and without setoff, deduction or counter-claim, except as hereinafter set forth. If Tenant defaults in the payment of Rent or any other financial obligation hereunder and such default continues for ten (10) days after Tenant receives Landlord's notice thereof, or if Tenant defaults in the prompt and full performance of any other provision of this Lease and such default continues for thirty (30) days after Tenant receives Landlord's written notice thereof to Tenant, Landlord may forthwith terminate this Lease and Tenant's right to possession of the Leased Premises, and may seek any legal remedies available. Tenant shall pay a late charge at the rate of two percent (2%) of each dollar of Rent, or any other sum collectible under Section 13 hereinabovethis Lease, not paid within ten (10) days after the same is due. If Landlord shall at any time or times accept said Rent or Rent charges after the same shall have become due and payable, such acceptance shall not excuse any future delays, or constitute, or be construed as a waiver of any of Landlord's rights. Tenant agrees that any charge or payment herein reserved, included or agreed to comply be treated or collected as Rent may be proceeded for and recovered by Landlord in the same manner as Rent due and in arrears. b. Comply with the requirements reasonable rules and regulations from time to time made by Landlord for the safety, care, upkeep and cleanliness of any constituted public authoritiesthe Leased Premises. Tenant agrees that such rules and regulations shall, when written notice thereof is given to Tenant, form a part of this Lease, effective upon receipt of same. c. Keep the Leased Premises in good order and condition, ordinary wear and tear, damage by fire or casualty and damages which are Landlord's obligation to repair excepted, and with upon termination of this Lease to deliver up to Landlord the terms Leased Premises in the same condition as Tenant has herein agreed to keep them. d. Keep nothing which is explosive or which might increase the risk of any state fire or federal statute or local ordinance or regulation applicable to Tenant or its use of other casualty at the Demised Leased Premises. 14.1.2 To give e. Keep trash within covered dumpsters or containers. f. Give to Landlord prompt written notice of any accident, fire, fire or damage occurring in on or to the Demised Leased Premises within ninety six (96) hours of occurrence thereof. g. Peaceably deliver up and surrender the Leased Premises to Landlord at the expiration or sooner termination of this Lease and promptly deliver to Landlord at its office all keys for the Leased Premises. 14.1.3 To keep the Demised Premises sufficiently heated to prevent freezing of water in pipes and fixtures. 14.1.4 To conduct h. Conduct its business in the Demised Leased Premises in a diligent and dignified manner and to keep the Demised Premises in good condition in accordance with during normal business hours or at Tenant's normal standards for similar facilities it occupies. 14.1.5 Immediately to remove option twenty-four (24) hours each day, seven days a week and discharge any charge, lien, security interest use the Leased Premises without disturbing the possessions or encumbrance upon the Demised Premises or upon any Fixed Rent, additional rent or other sums payable hereunder which arises for any reason, including, without limitation, all liens which arise out of the possession, use, occupancy, construction (after the Commencement Date), repair or rebuilding of the Demised Premises or by reason of labor or materials furnished or claimed to have been furnished to Tenant or for the Demised Premises, but not including (i) this Lease and any assignment hereof or any sublease permitted hereunder, and (ii) any mortgage, charge, lien, security interest or encumbrance created or caused by Landlord or its agents, employees, or representatives without the consent of Tenant. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by any contractor, laborer, materialman or vendor, quiet enjoyment of any labor or services, or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Demised Premises or any part thereof, Notice is hereby given that Landlord will not be liable for any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding an interest in the Demised Premises or any part thereof through or under Tenant, and that no mechanic's or other liens for any such labor, services or materials shall attach to or affect the interest of Landlord in and to the Demised Premisesoccupants. 14.1.6 Tenant shall timely perform all duties and obligations imposed on it under this Lease and shall notify Landlord in the event of its nonperformance or default hereunder. 14.1.7 Tenant shall maintain its existence and shall continue to be a corporation, duly qualified to do business in each jurisdiction in which such qualification is necessary to the conduct of its business. Tenant shall promptly inform Landlord of any change in the location of its principal office or of any change in the location of its books and records.

AFFIRMATIVE COVENANTS OF TENANT. Tenant covenants and agreesagrees that it will without demand: 14.1.1 Without limiting (A) Pay the obligations rent and all other charges herein reserved as rent on the days and times that the same are made payable without fail, and without setoff, deduction or counter-claim. Tenant shall pay a late charge at the rate of five (5%) percent on each dollar of rent, or any other sum collectible as rent under this lease, not paid within fifteen (15) days after the same is due. If Landlord shall at any time or times accept said rent or rent charges after the same shall have become due and payable, such acceptance shall not excuse delay upon subsequent occasions, or constitute, or be construed as a waiver of any of the Landlord's rights. Tenant under Section 13 hereinaboveagrees that any charge or payment herein reserved, included or agreed to comply be treated or collected as rent may be proceeded for and recovered by landlord in the same manner as rent due and in arrears. (B) Comply with the all requirements of any of the constituted public authorities, and with the terms of any state State or federal Federal statute or local ordinance or regulation applicable to Tenant or on its use of the Demised Premisesdemised premises, and save Landlord harmless from all penalties, fines, costs or damages resulting from Tenant's failure to do so. 14.1.2 To give (C) Comply with the reasonable rules and regulations from time to time made and uniformly enforced by Landlord for the safety, care, upkeep and cleanliness of the demised premises and the building and appurtenances of which it is a part. Tenant agrees that such rules and regulations shall, when written notice thereof is given to Tenant, form a part of this lease. (D) Keep the demised premises in good order and condition, ordinary wear and tear excepted and damage by accidental fire or other casualty, alone excepted, and upon termination of this lease to deliver up to Landlord the demised premises in the same condition as Tenant has herein agreed to keep them. (E) Give to Landlord prompt written notice of any accident, fire, fire or damage occurring in on or to the Demised Premisesdemised premises within twenty-four (24) hours of occurrence thereof or when Tenant reasonably learns of same. 14.1.3 To keep (F) Peaceably deliver up and surrender possession of the Demised Premises sufficiently heated demised premises to prevent freezing Landlord at the expiration or sooner termination of water in pipes this lease and fixturespromptly deliver to Landlord at its office all keys for the demised premises. 14.1.4 To conduct (G) Park its business cars and cause its employees to park their cars only in the Demised Premises in a diligent and dignified manner and to keep the Demised Premises in good condition in accordance with Tenant's normal standards for similar facilities it occupies. 14.1.5 Immediately to remove and discharge any charge, lien, security interest or encumbrance upon the Demised Premises or upon any Fixed Rent, additional rent or other sums payable hereunder which arises for any reason, including, without limitation, all liens which arise out those portions of the possession, use, occupancy, construction (after the Commencement Date), repair or rebuilding of the Demised Premises or parking area as may be designated for that purpose by reason of labor or materials furnished or claimed to have been furnished to Tenant or for the Demised Premises, but not including (i) this Lease and any assignment hereof or any sublease permitted hereunder, and (ii) any mortgage, charge, lien, security interest or encumbrance created or caused by Landlord or its agents, employees, or representatives without the consent of Tenant. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by any contractor, laborer, materialman or vendor, of any labor or services, or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Demised Premises or any part thereof, Notice is hereby given that Landlord will not be liable for any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding an interest in the Demised Premises or any part thereof through or under Tenant, and that no mechanic's or other liens for any such labor, services or materials shall attach to or affect the interest of Landlord in and to the Demised Premises. 14.1.6 Tenant shall timely perform all duties and obligations imposed on it under this Lease and shall notify Landlord in the event of its nonperformance or default hereunder. 14.1.7 Tenant shall maintain its existence and shall continue to be a corporation, duly qualified to do business in each jurisdiction in which such qualification is necessary to the conduct of its business. Tenant shall promptly inform Landlord of any change in the location of its principal office or of any change in the location of its books and records.

AFFIRMATIVE COVENANTS OF TENANT. Tenant covenants and agreesagrees that it will without demand: 14.1.1 Without limiting a. Pay the obligations Rent and all other charges herein reserved as rent on the days and times that the same are made payable without fail, and without setoff, deduction or counter-claim, except as hereinafter set forth. Tenant shall pay a late charge at the rate of five percent (5%) of each dollar of Rent or any other sum due Landlord under this Lease, not paid within ten (10) days after receipt of written notice that such amount is past due; provided, however, no written notice shall be required in the event Landlord has provided such written notice with respect to this Section 7(a) during the prior twelve (12) months. If Landlord shall at any time or times accept said rent or rent charges after the same shall have become due and payable, such acceptance shall not excuse any future delays, or constitute, or be construed as a waiver of any of Landlord’s rights. Tenant under Section 13 hereinaboveagrees that any charge or payment herein reserved, included or agreed to comply be treated or collected as Rent may be proceeded for and recovered by Landlord in the same manner as rent due and in arrears. b. Comply in all material respects with the applicable requirements of any the constituted public authorities, authorities and with the terms of any state or federal statute or local ordinance or regulation applicable to Tenant or on its use of the Demised Building, including, but not limited to, the parking and loading dock requirements. c. Comply with the reasonable rules and regulations from time to time made by Landlord for the safety, care, upkeep and cleanliness of the Building and appurtenances of which it is a part. Tenant agrees that such rules and regulations shall, when written notice thereof is given to Tenant, form a part of this Lease, effective upon receipt of same. Notwithstanding the foregoing, Landlord shall not enact any rules and regulations that unreasonably interfere with Tenant’s business operations at the Premises. 14.1.2 To give d. Keep the Premises in good order and condition, ordinary wear and tear, damage by fire or casualty and damages which are Landlord’s obligation to repair excepted, and upon termination of this Lease to deliver up to Landlord the Premises in the same condition as Tenant has herein agreed to keep them. e. Keep nothing which is explosive or which might unduly increase the risk of fire or other casualty at the Premises. f. Comply in all material respects with the reasonable requirements of Landlord’s property casualty insurance carrier to the extent written notice is provided to Tenant with respect to such requirements. g. Keep trash within covered dumpsters or containers. h. Keep the exterior portions of the Property including, but not limited to, the parking lots, loading areas and driveways free of garbage and debris. i. Give to Landlord prompt written notice of any accident, fire, fire or damage occurring in on or to the Demised PremisesPremises within one Business Day of occurrence thereof. 14.1.3 To keep j. Peaceably deliver up and surrender the Demised Premises sufficiently heated to prevent freezing Landlord at the expiration or sooner termination of water in pipes and fixtures. 14.1.4 To conduct its business in the Demised Premises in a diligent and dignified manner and to keep the Demised Premises in good condition in accordance with Tenant's normal standards for similar facilities it occupies. 14.1.5 Immediately to remove and discharge any charge, lien, security interest or encumbrance upon the Demised Premises or upon any Fixed Rent, additional rent or other sums payable hereunder which arises for any reason, including, without limitation, all liens which arise out of the possession, use, occupancy, construction (after the Commencement Date), repair or rebuilding of the Demised Premises or by reason of labor or materials furnished or claimed to have been furnished to Tenant or for the Demised Premises, but not including (i) this Lease and any assignment hereof or any sublease permitted hereunder, and (ii) any mortgage, charge, lien, security interest or encumbrance created or caused by promptly deliver to Landlord or at its agents, employees, or representatives without the consent of Tenant. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied, to or office all keys for the performance by any contractor, laborer, materialman or vendor, of any labor or services, or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Demised Premises or any part thereof, Notice is hereby given that Landlord will not be liable for any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding an interest in the Demised Premises or any part thereof through or under Tenant, and that no mechanic's or other liens for any such labor, services or materials shall attach to or affect the interest of Landlord in and to the Demised PremisesBuilding. 14.1.6 Tenant shall timely perform all duties and obligations imposed on it under this Lease and shall notify Landlord in the event of its nonperformance or default hereunder. 14.1.7 Tenant shall maintain its existence and shall continue to be a corporation, duly qualified to do business in each jurisdiction in which such qualification is necessary to the conduct of its business. Tenant shall promptly inform Landlord of any change in the location of its principal office or of any change in the location of its books and records.

AFFIRMATIVE COVENANTS OF TENANT. Tenant covenants and agreesagrees ------------------------------- that it will without demand: 14.1.1 Without limiting (a) Pay the obligations rent and all other charges herein reserved as rent on the days and times and at the place that the same are made payable without fall, and without setoff, deduction or counter-claim. Tenant shall pay a late charge at the rate of five (5%) percent on each dollar of rent, or any other sum collectible as rent under the lease, not paid within ten (10) days after the same is due. If Landlord shall at anytime or times accept said rent or rent charges after the same shall have become due and payable, such acceptance shall not excuse delay upon subsequent occasions, or constitute, or be construed as a waiver of any of the Landlord's rights. Tenant under Section 13 hereinaboveagrees that any charge or payment herein reserved, Included or agreed to comply be treated or collected as rent may be proceeded for and recovered by Landlord in the same manner as rent due in arrears. (b) Comply with the all requirements of any of the constituted public authorities, and with the terms of any state State or federal Federal statute or local ordinance or regulation applicable to Tenant or tenant on its use of the Demised Premisesdemised premises, and save Landlord harmless from all penalties, fines, costs or damages resulting from Tenant's failure to do so. 14.1.2 To give (c) Comply with the rules and regulations from time to time made by Landlord for the safety, care, upkeep and cleanliness of the demised premises and the building and appurtenances of which it is a part. Tenant agrees that such rules and regulations shall, when written notice thereof is given to Tenant, form a part of this lease. (d) Keep the demised premises in good order and condition, ordinary wear and tear and damage by accidental fire or other casualty not occurring through the action or negligence of Tenant or its agents, employees and invitees alone excepted and upon termination of this lease to deliver up to Landlord and demised premises in the same condition as Tenant has herein agreed to keep them. (e) Give to Landlord prompt written notice of any accident, fire, fire or damage occurring in on or to the Demised Premisesdemised premises within twenty- four (24) hours of occurrence thereof. 14.1.3 To keep the Demised Premises sufficiently heated to prevent freezing of water in pipes (f) Peaceably deliver up and fixtures. 14.1.4 To conduct its business in the Demised Premises in a diligent and dignified manner and to keep the Demised Premises in good condition in accordance with Tenant's normal standards for similar facilities it occupies. 14.1.5 Immediately to remove and discharge any charge, lien, security interest or encumbrance upon the Demised Premises or upon any Fixed Rent, additional rent or other sums payable hereunder which arises for any reason, including, without limitation, all liens which arise out surrender possession of the possession, use, occupancy, construction (after demised premises to Landlord at the Commencement Date), repair expiration or rebuilding sooner termination of the Demised Premises or by reason of labor or materials furnished or claimed this lease and promptly deliver to have been furnished to Tenant or Landlord at its office all keys for the Demised Premises, but not including (i) this Lease and any assignment hereof or any sublease permitted hereunder, and (ii) any mortgage, charge, lien, security interest or encumbrance created or caused by Landlord or its agents, employees, or representatives without the consent of Tenant. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by any contractor, laborer, materialman or vendor, of any labor or services, or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Demised Premises or any part thereof, Notice is hereby given that Landlord will not be liable for any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding an interest in the Demised Premises or any part thereof through or under Tenant, and that no mechanic's or other liens for any such labor, services or materials shall attach to or affect the interest of Landlord in and to the Demised Premisesdemised premises. 14.1.6 Tenant shall timely perform all duties and obligations imposed on it under this Lease and shall notify Landlord in the event of its nonperformance or default hereunder. 14.1.7 Tenant shall maintain its existence and shall continue to be a corporation, duly qualified to do business in each jurisdiction in which such qualification is necessary to the conduct of its business. Tenant shall promptly inform Landlord of any change in the location of its principal office or of any change in the location of its books and records.

AFFIRMATIVE COVENANTS OF TENANT. Tenant covenants 10.1 TENANT shall, throughout the TERM of this LEASE, pay the NET RENT, ADDITIONAL RENT, TENANT’S TAX SHARE of the REAL ESTATE TAXES or PILOT (as applicable), and agrees:all other charges herein reserved as rent on the days and times and at the place that the same are made payable. 14.1.1 Without limiting 10.2 TENANT shall, throughout the obligations TERM of Tenant under this LEASE, without demand: (i) keep and maintain the LEASED PREMISES reasonably clean and free from all ashes, dirt, waste and other refuse matter; (ii) avoid waste of or damage to the LEASED PREMISES; (iii) generally keep and maintain the LEASED PREMISES in as good order and repair as they are on the COMMENCEMENT DATE, ordinary wear and tear alone excepted (subject to LANDLORD required repairs per Section 8.4 hereof and damage by fire or other casualty pursuant to the provisions of Section 13 hereinabovehereof). Furthermore, upon TENANT’S surrender of possession of the LEASED PREMISES, TENANT shall, at TENANT’S expense, contract for the vacated units to be de-commissioned and thoroughly cleaned to remove hazardous residue, as reasonably determined by LANDLORD. 10.3 TENANT will perform its own janitorial cleaning of the LEASED PREMISES at TENANT’s sole cost and expense. 10.4 TENANT shall, throughout the TERM of this LEASE, comply with the requirements of any constituted public authorities, and with all the terms of any state State or federal Federal statute or local ordinance or regulation applicable to Tenant TENANT or its manner of use of the Demised PremisesLEASED PREMISES, and save, indemnify, defend and hold LANDLORD harmless from penalties, fines, costs or damages resulting from failure to do so. 14.1.2 To give 10.5 TENANT shall, subject to Landlord prompt notice Section 10.2 hereof, peaceably deliver up and surrender possession of any accidentthe LEASED PREMISES in a broom-swept condition, fireat the expiration or sooner termination of the LEASE hereof, promptly delivering to LANDLORD, at LANDLORD’S office, all keys or damage occurring in or access cards to the Demised PremisesLEASED PREMISES and BUILDING and surrender the LEASED PREMISES and BUILDING in the same good order and repair as it is on the EFFECTIVE DATE, ordinary wear and tear alone excepted (subject to damage by fire or other casualty pursuant to the provisions of Section 13 hereof). TENANT shall, to the extent assignable, assign any warranties on TENANT IMPROVEMENTS to LANDLORD upon the surrender of the LEASED PREMISES. 14.1.3 To keep 10.6 TENANT will be responsible for and shall pay for all utility services metered or sub-metered, chargeable to and provided to the Demised Premises sufficiently heated LEASED PREMISES separate from and in addition to prevent freezing the OPERATING EXPENSES provided for in Section 6.3 hereof. TENANT’S share of water electric and gas utility service charges for the LEASED PREMISES shall be charged to the TENANT by the LANDLORD one (1) month in pipes arrears. Utility service charges shall be billed by LANDLORD to TENANT at the actual costs and fixturesrates paid by LANDLORD. 14.1.4 To conduct its business 10.7 TENANT affirmatively states and confirms to LANDLORD that any existing or future judgment, settlement, sanction or order rendered against TENANT in the Demised Premises in a diligent and dignified manner and to keep the Demised Premises in good condition in accordance connection with Tenant's normal standards for similar facilities it occupies. 14.1.5 Immediately to remove and discharge any charge, lien, security interest enforcement action or encumbrance upon the Demised Premises or upon any Fixed Rent, additional rent or other sums payable hereunder which arises for any reason, including, without limitation, all liens which arise out of the possession, use, occupancy, construction (after the Commencement Date), repair or rebuilding of the Demised Premises or by reason of labor or materials furnished or claimed to have been furnished to Tenant or for the Demised Premises, but not including (i) this Lease and any assignment hereof or any sublease permitted hereunder, and (ii) any mortgage, charge, lien, security interest or encumbrance created or caused by Landlord or its agents, employees, or representatives without the consent of Tenant. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by any contractor, laborer, materialman or vendor, of any labor or services, or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Demised Premises or any part thereof, Notice is hereby given that Landlord litigation against TENANT will not be liable asserted or claimed by TENANT as a reason or basis for avoiding any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding an interest in of TENANT’s obligations under this LEASE. (a) In the Demised Premises or any part thereof through or under Tenant, and that no mechanic's or other liens for any such labor, services or materials shall attach to or affect the interest of Landlord in event and to the Demised Premisesextent TENANT’s financial statements as described below are not publicly available to LANDLORD on TENANT’s website, TENANT shall, throughout the TERM of this LEASE, deliver to LANDLORD within thirty (30) days of a request reasonably made by LANDLORD (but not more than twice per calendar year during each of the first three (3) years of the INITIAL TERM of the LEASE and thereafter one (1) time per calendar year during the balance of the TERM) internally prepared financial statements for TENANT including balance sheets, income statement and statement of cash flows for the preceding twelve-month period. 14.1.6 Tenant shall timely perform all duties and obligations imposed on it under this Lease and shall notify Landlord in the event of its nonperformance or default hereunder. 14.1.7 Tenant shall maintain its existence and shall continue to be a corporation, duly qualified to do business in each jurisdiction in which such qualification is necessary to the conduct of its business. Tenant shall promptly inform Landlord of any change in the location of its principal office or of any change in the location of its books and records.

AFFIRMATIVE COVENANTS OF TENANT. Tenant covenants and agreesagrees that it will without demand: 14.1.1 Without limiting (A) Pay the obligations rent and all other charges herein reserved as rent on the days and times that the same are made payable without fail, and without setoff, deduction or counter-claim. Tenant shall pay a late charge at the rate of five percent (5%) on each dollar of rent, or any other sum collectible as rent under this lease, not paid within ten (10) days after the same is due. If Landlord shall at any time or times accept said rent or rent charges after the same shall have become due and payable, such acceptance shall not excuse delay, upon subsequent occasions, or constitute, or be construed as a waiver of any of the Landlord's rights. Tenant under Section 13 hereinaboveagrees that any charge or payment herein reserved, included or agreed to comply be treated or collected as rent may be proceeded for and recovered by Landlord in the same manner as rent due and in arrears. (B) Comply with the all requirements of any of the constituted public authorities, and with the terms of any state State or federal Federal statute or local ordinance or regulation applicable to Tenant or on its use of the Demised Premisesdemised premises, and save Landlord harmless from all penalties, fines, costs or damages resulting from Tenant's failure to do so. 14.1.2 To give (C) Comply with the rules and regulations from time to time made by Landlord for the safety, care, upkeep and cleanliness of the demised premises and the building and appurtenances of which it is a part. Tenant agrees that such rules and regulations shall, when written notice thereof is given to Tenant, form a part of this lease. (D) Keep the demised premises in good order and condition, ordinary wear and tear and damage by accidental fire or other casualty not occurring through the action or negligence of Tenant or its agents, employees and invitees alone excepted and upon termination of this lease to deliver up to Landlord the demised premises in the same condition as Tenant has herein agreed to keep them. (E) Give to Landlord prompt written notice of any accident, fire, fire or damage occurring in on or to the Demised Premisesdemised premises within twenty-four (24) hours of occurrence thereof. 14.1.3 To keep (F) Peaceably deliver up and surrender possession of the Demised Premises sufficiently heated demised premises to prevent freezing Landlord at the expiration or sooner termination of water in pipes this lease and fixturespromptly deliver to Landlord at its office all keys for the demised premises. 14.1.4 To conduct (G) Conduct its business in the Demised Premises in a diligent and dignified manner and to keep the Demised Premises in good condition in accordance with Tenant's premises during normal standards for similar facilities it occupiesbusiness hours. 14.1.5 Immediately (H) Park its cars and cause its employees to remove and discharge any charge, lien, security interest or encumbrance upon the Demised Premises or upon any Fixed Rent, additional rent or other sums payable hereunder which arises for any reason, including, without limitation, all liens which arise out park their cars only in those portions of the possession, use, occupancy, construction (after the Commencement Date), repair or rebuilding of the Demised Premises or parking area as may be designated for that purpose by reason of labor or materials furnished or claimed to have been furnished to Tenant or for the Demised Premises, but not including (i) this Lease and any assignment hereof or any sublease permitted hereunder, and (ii) any mortgage, charge, lien, security interest or encumbrance created or caused by Landlord or its agents, employees, or representatives without the consent of Tenant. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by any contractor, laborer, materialman or vendor, of any labor or services, or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Demised Premises or any part thereof, Notice is hereby given that Landlord will not be liable for any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding an interest in the Demised Premises or any part thereof through or under Tenant, and that no mechanic's or other liens for any such labor, services or materials shall attach to or affect the interest of Landlord in and to the Demised Premises. 14.1.6 Tenant shall timely perform all duties and obligations imposed on it under this Lease and shall notify Landlord in the event of its nonperformance or default hereunder. 14.1.7 Tenant shall maintain its existence and shall continue to be a corporation, duly qualified to do business in each jurisdiction in which such qualification is necessary to the conduct of its business. Tenant shall promptly inform Landlord of any change in the location of its principal office or of any change in the location of its books and records.

AFFIRMATIVE COVENANTS OF TENANT. Tenant covenants and agrees:agrees that he will without demand 14.1.1 Without limiting (A) Payment of Rent Pay the obligations of Tenant under Section 13 hereinaboverent and all other charges herein reserved as rent on the days and times and at the place that the same are made payable, to comply with without fail, and if Landlord shall at any time or times accept said rent charges after the requirements same shall have become due and payable, such acceptance shall not excuse delay upon subsequent occasions, or constitute or be construed as a waiver of any constituted public authoritiesof Landlord's rights. Tenant agrees that any charge, or payment herein reserved, included or agreed to be treated or collected as rent and/or any other charges or taxes, expenses, or costs herein agreed to be paid by the Tenant may be proceeded for and with recovered by the terms of any state Landlord by distraint or federal statute or local ordinance or regulation applicable to Tenant or its use of other process in the Demised Premisessame manner as rent due and in arrears. 14.1.2 To give (B) Cleaning, Repairing, etc. Keep the demised premises clean and free from all ashes, dirt and other refuse matter: replace all glass windows, doors, etc., broken: keep all waste and drain pipes open: repair all damage to Landlord prompt notice of any accident, fire, or damage occurring in or plumbing and to the Demised Premises. 14.1.3 To premises in general: keep the Demised Premises sufficiently heated same in good order and repair as they now are, reasonable wear and tear and damage by fire or other insured casualty excepted. The Tenant agrees to prevent freezing of water in pipes and fixtures. 14.1.4 To conduct its business surrender the demised premises in the Demised Premises same condition in a diligent and dignified manner and which Tenant has herein agreed to keep the Demised Premises in good condition in accordance with Tenant's normal standards for similar facilities it occupiessame during the continuance of this Lease. 14.1.5 Immediately to remove and discharge any charge, lien, security interest or encumbrance upon the Demised Premises or upon any Fixed Rent, additional rent or other sums payable hereunder which arises for any reason, including, without limitation, all liens which arise out of the possession, use, occupancy, construction (after the Commencement Date), repair or rebuilding of the Demised Premises or by reason of labor or materials furnished or claimed to have been furnished to Tenant or for the Demised Premises, but not including (i) this Lease and any assignment hereof or any sublease permitted hereunder, and (ii) any mortgage, charge, lien, security interest or encumbrance created or caused by Landlord or its agents, employees, or representatives without the consent of Tenant. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by any contractor, laborer, materialman or vendor, of any labor or services, or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Demised Premises or any part thereof, Notice is hereby given that Landlord will not be liable for any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding an interest in the Demised Premises or any part thereof through or under Tenant, and that no mechanic's or other liens for any such labor, services or materials shall attach to or affect the interest of Landlord in and to the Demised Premises. 14.1.6 Tenant shall timely perform all duties and obligations imposed on it under this Lease and shall notify Landlord in the event of its nonperformance or default hereunder. 14.1.7 Tenant shall maintain its existence and shall continue to be a corporation, duly qualified to do business in each jurisdiction in which such qualification is necessary to the conduct of its business. Tenant shall promptly inform Landlord of any change in the location of its principal office or of any change in the location of its books and records.

AFFIRMATIVE COVENANTS OF TENANT. Tenant covenants and TENANT agrees: 14.1.1 Without limiting the obligations of Tenant under Section 13 hereinabove, to (a) To comply with the any and all requirements of any of the constituted public authoritiesauthorities having, or purporting to have, jurisdiction and with the terms of any state or federal statute State, Federal, or local ordinance statute, ordinance, or regulation applicable to Tenant TENANT or its use of the Demised Premises.Premises and to save and hold LANDLORD harmless from, and by these terms to indemnify LANDLORD for any and all penalties, fines, costs, expenses or damages, including, without limitation, LANDLORD’S attorney’s fees resulting from TENANT’S failure to do so; 14.1.2 (b) To give to Landlord LANDLORD prompt written, full, complete, and specific notice of any accident, fire, damage, or damage injury whatsoever occurring in in, on or to the Demised Premises; (c) That all loading and unloading of goods shall be done only at such times and in the areas and through such entrances as may be designated for such purposes by LANDLORD and that trailers or trucks shall not be permitted to remain parked overnight in any area of the Shopping Center, whether loaded or unloaded, or to park or permit the parking of trucks and delivery vehicles so as to unreasonably interfere with, or suffer or permit any use thereon to interfere with, the use of any driveways, walks, roadways, highways, streets, or parking areas or other Common Areas. 14.1.3 (d) To keep all garbage and refuse in the kind of container specified by LANDLORD and to place the same outside of the Demised Premises prepared for collection in the manner and at the times and places specified by LANDLORD in accordance with all regulations of the public authorities having, or purporting to have, jurisdiction, and TENANT shall pay the cost of removal of any of TENANT’S garbage and refuse; (e) To keep the exterior areas immediately adjoining the Demised Premises i.e. sidewalks, loading ramps, and service areas clean and free from dirt and garbage, trash, paper and all other refuse by TENANT to the satisfaction of LANDLORD. TENANT shall not burn any rubbish or place or permit any obstruction or merchandise in such areas; (f) To keep the Demised Premises sufficiently heated clean, orderly, sanitary and free from objectionable odors; and TENANT shall use at TENANT’S cost a qualified pest extermination contractor, whose services shall be scheduled so as not to prevent freezing unreasonably interfere with the operation of water the Shopping Center, but on a frequency sufficient to keep the Demised Premises free of controllable insects, vermin, pests, etc.; (g) To use TENANT’S good faith reasonable efforts to require their agents, employees,. tenants and concessionaires to park their respective vehicles in pipes or on any of the Parking Areas at such locations as may from time to time be designated by LANDLORD as areas for employee parking.; (h) To keep TENANT’S signs and fixtures.exterior lights well lighted at all times during the term of this Lease during TENANT’S hours of operation as provided and defined on the FACE PAGE and to keep the Demised Premises open for business during TENANT’S hours of operation, and for such additional hours as may become the standard as maintained by a majority of the tenants of the Shopping Center; 14.1.4 (i) To conduct its business in the Demised Premises in all respects in a diligent and dignified manner and to keep the Demised Premises in good condition in accordance with Tenant's normal good and generally accepted standards of operations, as appropriate for similar facilities it occupies.a first-class community shopping center, to help establish and maintain a good reputation for the whole Shopping Center; 14.1.5 Immediately (j) To comply with all reasonable rules and regulations of LANDLORD in effect at the time of the execution of this Lease and at any time or times and from time to remove and discharge any chargetime promulgated by LANDLORD, lien, security interest which LANDLORD in its sole discretion shall deem necessary or encumbrance upon appropriate in connection with the Demised Premises Premises, the Building, or upon any Fixed Rent, additional rent or other sums payable hereunder which arises for any reasonthe building(s) of the Shopping Center, including, without limitation, the installation of such fire extinguishers and other safety equipment as LANDLORD may reasonably require; (k) [Intentionally omitted.] (l) To be responsible for and to pay before delinquency all liens which arise out municipal, county or state taxes assessed during the term of this Lease against any leasehold interest or personal property of any kind, owned or placed in, upon or about the Demised Premises by the TENANT; (m) To comply fully with all fire and safety codes, rules and regulations, in effect from time to time during the term of this Lease, of the possessionpublic authorities having, useor purporting to have, occupancyjurisdiction and to install, construction keep, and maintain at TENANT’S cost and expense any and all systems, equipment, and the like or differing required by any of the same; (after n) To use TENANT’S plumbing facilities for no other purpose than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the Commencement Date)expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by TENANT, who shall, or whose employees, agents, or invitees may have caused such breakage, stoppage, etc.; (o) TENANT shall service, repair and keep clean of grease, all ventilation systems serving the Demised Premises; (p) TENANT shall, if the Demised Premises are equipped with air conditioning and heating facilities separate from those in the remainder of the Shopping Center, keep the Demised Premises at a temperature commensurate with similar stores in the Shopping Center or rebuilding the common enclosed areas and sufficiently high to prevent freezing of water and sprinkler pipes and plumbing fixtures; (q) TENANT shall at all times keep, maintain and replace, at TENANT’S sole expense not to be reimbursed by LANDLORD, the interior of the Demised Premises in good working order, condition and repair including reasonable periodic painting as determined by LANDLORD, together with all fixtures and all electrical, plumbing, heat, air conditioning (including maintenance of the air conditioning and heating systems every two months by a licensed air conditioning contractor) and all other mechanical and other installations therein, all doors, and all plate glass and door and window glass using materials and labor of kind and quality equal to or better than the original work. Except only and solely as specifically provided in any, if any, written attachment to this Lease signed by reason of labor LANDLORD, LANDLORD shall have no obligation to repair, maintain, alter or materials furnished or claimed to have been furnished to Tenant or for modify in any respect whatsoever the Demised Premises, but not including (i) this Lease and any assignment hereof or any sublease permitted hereunder, and (ii) any mortgage, charge, lien, security interest part or encumbrance created or caused by Landlord or its agents, employeesportion thereof, or representatives without any plumbing, heating, electrical, air conditioning or other mechanical or other installation therein. However, if TENANT fails to replace any damaged or broken glass, LANDLORD shall have the consent right to do so at the expense of Tenantthe TENANT. Nothing contained in this Lease TENANT shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by any contractor, laborer, materialman or vendor, of any labor or services, or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to surrender the Demised Premises at the expiration or earlier termination of this Lease in as good condition as when received, excepting only and solely deterioration caused by mere ordinary wear and tear and damage by fire or other casualty of the kind actually insured against by TENANT in standard policies of fire insurance with extended coverage. TENANT shall surrender all keys for the Demised Premises to LANDLORD at the place then fixed for the payment of rent and shall inform LANDLORD of all combinations on locks, safes and vaults, if any, in the Demised Premises; (r) TENANT shall forthwith pay all liens of contractors, subcontractors, sub-subcontractors, mechanics, laborers, and materialmen and all other items of like character and that TENANT does hereby indemnify LANDLORD against all legal costs and charges, bond premiums for release of liens, including all attorney’s fees of LANDLORD incurred in and about the prosecution or defense of any suit in discharging the Demised Premises and, alternatively, the Shopping Center or any part thereofor portion thereof from any liens, Notice is hereby given that Landlord will not be liable for any laborjudgments, services or materials furnished encumbrances caused or suffered to be furnished caused, directly or indirectly, by TENANT, and that all the costs and charges above referred to Tenant, shall be considered as rent due and shall be included in any lien for rent; and (s) TENANT shall not have any authority to create any liens for labor or to anyone holding an material on or against the LANDLORD’S interest in the Demised Premises or the Shopping Center and all persons contracting with TENANT for the destruction or the removal of any part thereof through building or under Tenantfor the erection, and that no mechanic's installation, alteration, or repair of any building or other liens for any such laborimprovements in, services on or materials shall attach to or affect the interest of Landlord in and to the Demised Premises. 14.1.6 Tenant shall timely perform ; and all duties materialmen, contractors, subcontractors, mechanics, and obligations imposed on it under laborers are hereby charged with notice that they must look solely and only to TENANT’S interests in the Demised Premises to secure the payment of any xxxx for work done or material furnished during the rental period created by this Lease and shall notify Landlord and, specifically, not to the LANDLORD or the LANDLORD’S interest. TENANT agrees that it will include the language of this paragraph in any contract or agreement for any work done for TENANT in the event of its nonperformance or default hereunderDemised Premises. 14.1.7 Tenant shall maintain its existence and shall continue to be a corporation, duly qualified to do business in each jurisdiction in which such qualification is necessary to the conduct of its business. Tenant shall promptly inform Landlord of any change in the location of its principal office or of any change in the location of its books and records.

AFFIRMATIVE COVENANTS OF TENANT. Tenant covenants and agreesagrees that it will without demand: 14.1.1 Without limiting (a) Pay the obligations rent and all other charges herein reserved as rent on the days and times that the same are made payable without fail, and without setoff, deduction or counter-claim. Upon written notice from Landlord and the failure of Tenant to pay within ten business days thereafter. Tenant shall pay a late charge at the rate of five (5%) percent on each dollar of rent, or any other sum collectible as rent under Section 13 hereinabovethis lease. If Landlord shall at any time or times accept said rent or rent charges after the same shall have become due and payable, such acceptance shall not excuse delay, upon subsequent occasions, or constitute, or be construed as a waiver of any of the Landlord's rights. Tenant agrees that any charge or payment herein reserved, included or agreed to comply be treated or collected as rent may be proceeded for and recovered by Landlord in the same manner as rent due and in arrears. (b) Comply with the all requirements of any of the constituted public authorities, and with the terms of any state State or federal Federal statute or local ordinance or regulation applicable to Tenant or on its use of the Demised demised premises, and save Landlord harmless from all penalties, fines, costs or damages resulting from Tenant's failure to do so. Expenditures for capital or structural improvements required to operate the Premises as a warehousing and distribution operation shall be the expense of Landlord. (c) Comply with the reasonable rules and regulations from time to time made by Landlord for the safety, care, upkeep and cleanliness of the demised premises and the building and appurtenances of which it is a part. Tenant agrees that such rules and regulations shall, when written notice thereof is given to Tenant, form a part of this lease. Such rules shall not unduly impair Tenant's use of the space as contemplated in this lease and shall be consistent with rules for comparable space in comparable buildings in the State of New Jersey and shall not be applied in a discriminatory manner. (d) Keep the demised premises in good order and condition, ordinary wear and tear excepted, and upon termination of this lease to deliver up to Landlord the demised premises in the same condition as Tenant has herein agreed to keep them. (e) Keep nothing which is dangerous or explosive or which might increase the risk or fire or other casualty at the Premises. 14.1.2 To give (f) Comply with all reasonable requirements of the Landlord's property casualty insurance carrier. (g) Keep all trash within covered dumpsters or containers. (h) Keep the walkways, which surround and serve the demised premises, free of snow and ice. (i) Give to Landlord prompt written notice of any accident, fire, fire or damage occurring in on or to the Demised Premisesdemised premises within twenty-four (24) hours of occurrence thereof. 14.1.3 To keep (j) Peaceably deliver up and surrender possession of the Demised Premises sufficiently heated demised premises to prevent freezing Landlord at the expiration or sooner termination of water in pipes this lease and fixturespromptly deliver to Landlord at its office all keys for the demised premises. 14.1.4 To conduct (k) Conduct its business in the Demised Premises in a diligent during such hours as it seems fit and dignified manner and to keep use the Demised Premises in good condition in accordance with without disturbing the "possession" or quiet enjoyment of any other Tenant's normal standards for similar facilities it occupies. 14.1.5 Immediately (1) Park its cars and cause its employees to remove and discharge any charge, lien, security interest or encumbrance upon the Demised Premises or upon any Fixed Rent, additional rent or other sums payable hereunder which arises for any reason, including, without limitation, all liens which arise out park their cars only in those portions of the possession, use, occupancy, construction parking area as may be designated for Tenant by Landlord. Tenant shall be allocated 30 spaces as shown on Exhibit C attached hereto. (after the Commencement Date), repair or rebuilding of the Demised Premises or by reason of labor or materials furnished or claimed m) Tenant to have been furnished to Tenant or for the Demised Premises, but not including (i) this Lease and any assignment hereof or any sublease permitted hereunder, and (ii) any mortgage, charge, lien, security interest or encumbrance created or caused by Landlord or its agents, employeesmaintain existing window coverings, or representatives without install, at its own expense and with the consent of Tenant. Nothing contained in this Lease shall be construed as constituting the consent or request written approval of Landlord, express or implied, to or for window coverings consistent with the performance by any contractor, laborer, materialman or vendor, decor of any labor or services, or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Demised Premises or any part thereof, Notice is hereby given that Landlord will not be liable for any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding an interest in the Demised Premises or any part thereof through or under Tenant, and that no mechanic's or other liens for any such labor, services or materials shall attach to or affect the interest of Landlord in and to the Demised Premisesfacility. 14.1.6 Tenant shall timely perform all duties and obligations imposed on it under this Lease and shall notify Landlord in the event of its nonperformance or default hereunder. 14.1.7 Tenant shall maintain its existence and shall continue to be a corporation, duly qualified to do business in each jurisdiction in which such qualification is necessary to the conduct of its business. Tenant shall promptly inform Landlord of any change in the location of its principal office or of any change in the location of its books and records.