LEASE AGREEMENT
THIS LEASE AGREEMENT,executed in two or more counterparts is made and
entered into this ____ day of February 1992, by and between Xxxxxx Xxxxxxxx,
d/b/a Old Xxxxxx Plaza (hereinafter the Landlord), 0000 X. 00xx, Xxxxxxx,
Xxxxxxxx, 00000, and Xxx Xxxx d/b/a Docu Tech (hereinafter the Tenant), whose
address for the purpose of this Lease is 5044, 5048, and 0000 Xxxxxxxxx Xxxxx,
Xxxxxxx, XX 00000.
WITNESSETH:
IN CONSIDERATION of the mutual covenants herein contained, the parties
hereto hereby agree as follows:
1. Premises.
a warehouse/office measuring approximately 4300 square feet.
Any measurements herein specified are from the outside of the exterior
walls to the centerline of interior walls. The approximate boundaries and
location of the Demised Premises are outlined in red on the site plan of
the Shopping Center, which is marked Exhibit B attached hereto and made a
part hereof, and the Shopping Center itself is outlined in green on said
Exhibit.
B. Common Areas. In addition to the occupancy of the Demised Premises,
Tenant and Tenant's concessionaires, officers, employees, agents, customers
and invitees also shall have the right to the nonexclusive use of
automobile parking areas, access roads, truck loading area, delivery areas,
walkways, bus stops, landscaped areas, driveways and sidewalks which now
are or hereafter may be located upon some portion of the Shopping Center.
Such parking areas, access roads, truck loading areas, delivery areas,
walkways, bus stops, landscaped areas, driveways and sidewalk hereinafter
are collectively referred to as the "Common Areas". Landlord agrees to make
the Common Areas continuously available to tenant for nonexclusive use by
Tenant and the other aforementioned groups of persons during the term of
this Lease, except when portions thereof may be unavailable for use by
reason of repair work. The nonexclusive use of the Common Areas by Tenant
and Tenant's concessionaires, officers, employees, agents, customers and
invitees at all times shall be subject to such reasonable rules and
regulations as Landlord from time to time may establish and shall be in
common with those rules and regulations for other tenants of the Shopping
Center.
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2. Commencement of Term. The term of this Lease shall commence March 1,
1992.
3. Term. The term of this Lease shall end on February 28, 1995.
4. See pg. 2A
5. Rent.
A. Cash Rent. Tenant agrees to pay to Landlord at the office of
Landlord or at such other place as may be designated by Landlord for each
year of the basic term an annual rent of Eighteen Thousand Six Hundred
Dollars {$18,600) for the first through and including the third full lease
year, payable in advance in equal monthly installments of One Thousand
Eight Hundred Twenty-Five Dollars ($1,825). If the lease term commences on
a day other than the first day of a calendar month, the rent for that first
day of the month next succeeding, and the last fractional month shall be
similarly prorated, but paid in advance. This amount includes the
improvements to be made to 5044 and 5046 Rentworth.
B. Additional Rent. Any other sums of money or charges to be paid by
the Tenant pursuant to the provisions of any other sections of this Lease
shall be designated as "Additional Rent."
D. Interest. If any rent or additional rent is not paid when due
interest shall be due on the amount remaining to be paid at the rate of 14%
per annum or the maximum interest rate permitted under law, whichever is
the lesser, from the date such amount was due until such rent or additional
rent is paid.
E. See pg. 2A
6. Intentionally deleted.
7. Intentionally deleted.
8. Utilities. Tenant shall pay before delinquency all charges for water,
gas, heat, electricity, power, telephone service, sanitary sewer (including
cleaning), and other similar charges incurred by Tenant with respect to and
during its Lease of the Demised Premises.
9. Intentionally deleted.
10. Maintenance and Repair - Demised Premises.
A. By Tenant. Tenant shall repair and maintain in good order and
condition all interior portions, including the maintenance of the building
service facilities such as the wiring, plumbing, heating and air
conditioning systems, and all glass, including plate glass, exterior doors
and automatic door operators of the Demised Premises.
B. By Landlord. Landlord at all times will keep and
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4. Options to Extend. If tenant is not then in default under any of the
terms and provisions of this Lease, Tenant shall have the option to extend the
term of this Lease for an additional tern (sometimes in this Lease referred to
as the First additional term") of 3 one yr. leases, from and after the
expiration of the initial term of this Lease, upon the giving of written notice
of the exercise of such option to Landlord at least one hundred twenty (120)
days prior to the expiration of the initial term of this Lease. The first
extension shall be on the same terms and conditions as the basic term with the
exception of rent, which shall be determined in the manner provided under
Paragraph 5E.
5E. Option Term Rent. If Tenant exercises the option to extend this Lease
in the manner provided under Paragraph 4, then the annual rent last determined
to be payable by Tenant shall be decreased by the amount of the Consumer Price
Index increase determined in the following manner. The Consumer Price Index for
the purpose of this Lease shall be deemed to be the U.S. Department of Labor
Consumer Price Index: U.S. city average, all urban consumers (CPI-U), 1967 =
100, all items. The base Consumer Price Index shall be that determined for the
month of January, 1988. The new base shall be determined to be the Consumer
Price Index for the month of January immediately preceding completion of the
term then in effect. The amount determined to be the difference between the new
base Consumer Price Index and the base Consumer Price Index divided by the base
Consumer Price Index shall constitute the increase in Consumer Price Index for
the purpose of this Lease. Landlord shall give Tenant notice of the Consumer
Price Index increase and the new amount of rent then due as soon as practicable.
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maintain the exterior and structural parts of the building, including but
not limited to, the roof, the walls (except interior painting or
decorating, and excepting any plate glass), floors (except floor covering),
foundation, canopy, sewers and utility services, unless any such repair or
replacement thereof is occasioned by reason of acts or neglect of Tenant,
its agent, servants or employees.
11. Alterations. Tenant, at its own expense during the term of this Lease,
may make such nonstructural alterations to the interior of the Demised Premises
it deems appropriate, provided that: (i) the structural integrity of the Demised
Premises shall not be affected or diminished; (ii) the value of the building
constituting a part of the Demised Premises is not thereby diminished; and (iii)
the exterior appearance (including the store front) is not thereby altered or
changed. In all other instances, Tenant shall secure prior written approval and
consent of Landlord before making any alterations, which consent shall not be
unreasonably withheld by Landlord, but which consent may be conditioned on the
furnishing by Tenant of a bond of surety company reasonably acceptable to
Landlord. At the time Landlord's approval of any alterations is sought, Tenant
shall submit to Landlord plans and specifications for such work, together with a
statement of the estimated costs of such work. All such alterations shall be
completed in a good and workmanlike manner with first-class materials. Tenant
shall make no additions or alterations whatsoever to the exterior of the Demised
Premises without the prior written consent of Landlord. Upon the termination of
this Lease any additions or alterations made to the interior of the Demised
Premises by Tenant shall remain a part of the Demised Premises and be
surrendered therewith.
12. Tenant's Assignment or Subletting. Provided that Tenant is not then in
default under any term of this Lease, Tenant shall have the right, with
Landlord's written consent, to assign this Lease or to sublet any portion of the
Demised Premises to any third party. Any assignment by Tenant shall be subject
to those limitations in uses provided for in any agreement declaring
restrictions to the use and operation of the Shopping Center and further subject
to any provisions of leases with other tenants of the Shopping Center
prohibiting competing uses with their use of the Shopping Center. In the event
of any assignment or subletting, Tenant shall remain liable for all rent
payments due and for all covenants and obligations of Tenant under this Lease.
13. Damages to or Destruction of Demised Premises. If the Demised Premises
or any portions thereof are so damaged or destroyed by fire or other casualty so
as to render the Demised Premises unfit for occupancy, and the Demised Premises
cannot reasonably be repaired and restored within one hundred eighty (180)
calendar days from such damage, then Tenant and Landlord shall have the right of
cancelling this Lease by giving written notice to the other within thirty (30)
days of such damage, and the proceeds of the fire and extended coverage
insurance policy shall be paid to and be the sole property of Landlord. Tenant
shall be entitled to receive a prorated refund of any rent and
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other charges paid in advance. If Tenant elects not to give notice of
cancellation, then Landlord shall repair and restore the Demised Premises to the
former condition just prior to the loss, and the insurance proceeds shall be
applied to such repairs and restoration. From the date of such fire or casualty
until the Demised Premises are restored in accordance with the provisions set
forth above, Tenant shall pay only such portion of rent accruing from time to
time as the value of the portion of the Demised Premises not made untenantable
by reason of such casualty shall bear to the value of the Demised Premises
hereby leased.
14. Condemnation.
A. Complete Taking. In the event that the whole of the Demised
Premises are taken for public or quasi-public purposes by the government of
the United States, the State of Nebraska, the City of Lincoln, or any
government or power whatsoever, or by any corporation under the right of
eminent domain, or should the whole of the Demised Premises be condemned by
any court, city, county, state or governmental authority or office,
department or bureau of any city, county, state or of the United States,
then in any such event this Lease shall terminate as of the date title to
the Demised Premises vests in the condemning authority. For the purposes
hereof, such date of vesting in the condemnor terminating this Lease shall
operate as though it were the date originally intended by the parties for
expiration of the tenancy created hereunder, and the rent reserved herein
shall be adjusted in the light of the condemnation, so that Tenant shall
pay rent to Landlord only up to the date of vesting in the condemnor. Any
prepaid or advance rental or other amounts to be paid by Tenant under this
Lease paid by Tenant to Landlord or third party for that part of the term
extending beyond the date on which the title vests in the condemnor shall
be refunded within three (3) days after Landlord has received an award of
just compensation from the condemning authority for the taking of the
Demised Premises, provided Tenant shall have duly performed all the
covenants and conditions of this Lease by it to be performed.
B. Generally. It is recognized by both parties that the Landlord and
Tenant each shall have separate rights of damages against the public
authority on account of any condemnation or taking under the power of
eminent domain of any part or all of said Demised Premises, and it is
expressly provided herein that neither party waives or forgoes any claim it
may have on behalf of its property or leasehold value.
15. Permitted Use. For Warehouse storage and Office use only.
16. Covenant Against Mechanics Liens. Tenant shall do all things necessary
to prevent the filing of any mechanic's other liens against the Demised
Premises, or the interest of any mortgages or holders of any deed of trust
covering the Demised Premises, by reason of any work, labor, services performed
or any materials supplied or claimed to have been performed or supplied
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to Tenant, or anyone holding the Demised Premises, or any part thereof, through
or under Tenant. If any such lien shall at any time be filed, Tenant shall
either cause the same to be vacated and cancelled of record within thirty (30)
days after the date of the filing thereof or, if Tenant in good faith determines
that such lien should be contested, Tenant shall furnish such security by surety
bond or otherwise as may be necessary or be prescribed by law to release the
same as a lien against the real property and to prevent any foreclosure of such
lien during the pendency of such contest. If Tenant shall fail to vacate or
release such lien in the manner and within the time period aforesaid, then, in
addition to any other right or remedy of Landlord resulting from Tenant's said
default, Landlord may, but shall not be obligated to, vacate or release the same
either by paying the amount claimed to be due or by procuring the release of
such lien by giving security, or in such other manner as may be prescribed by
law. Tenant shall repay to Landlord, on demand, all sums disbursed or deposited
by Landlord pursuant to the foregoing provisions of this paragraph, including
Landlord's cost and expenses and reasonable attorney's fees incurred in
connection therewith. However, nothing contained herein shall imply any consent
or agreement on the part of the Landlord, Landlord's mortgagees or holders of
deeds of trust of the Demised Premises to subject their respective estates or
interest to liability under any mechanic's or other lien law, whether or not the
performance or the furnishing of such work, labor, services or materials to
Tenant or anyone holding the Demised Premises, or any part thereof, through or
under Tenant, shall have been consented to by Landlord and/or any of such
parties.
17. Fixtures and Machinery. It is mutually agreed that all personal
property on the Demised Premises, including merchandise of every kind, nature
and description, furnishings, equipment, trade fixtures and including
refrigeration equipment (but expressly excluding air conditioning equipment and
heating equipment, except air conditioning equipment installed by the Tenant, if
any) and all other property hereafter placed or kept on the Demised Premises by
Tenant, are and shall continue to be the sole property of the Tenant, unless the
same shall have been installed to replace equipment previously installed by
Landlord. Tenant may, during the term of this Lease or any extensions thereof,
remove any furniture, fixtures or equipment as it may so desire, provided Tenant
shall repair all damages resulting from such removal, as nothing herein is
intended to impose any restrictions on the use of the furniture, fixtures or
equipment as the Tenant may deem necessary or desirable in the operation of its
business.
18. Quiet Enjoyment. Landlord covenants that Landlord is the sole owner in
fee simple of or has a leasehold interest in the Demised Premises, has good and
marketable title thereof, and has full right to lease the Demised Premises for
the term aforesaid, and for the term of all extensions permitted to the Tenant
hereunder, and that Tenant upon payment of rent and performing Tenant's
obligations in this Lease may peaceably and quietly have, hold, and enjoy the
said Demised Premises for the said term and all extensions thereof until
terminated as provided in this Lease.
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19. Subordination. Landlord may assign its rights under this Lease as
security to the holders of one or more mortgages, trust deed or other
encumbrance now or hereafter in force against all or any part of the land or
improvements constituting the Demised Premises of the Shopping Center. Upon the
request of Landlord, Tenant will subordinate its rights hereunder to the lien of
one or more mortgages, trust deed or other encumbrance now or hereafter in force
against all or any part of the land and improvements constituting the Demised
Premises or the Shopping Center, and to all advances made or hereafter to be
made upon the security thereof; provided, however, that any such mortgage, deed
of trust or other security document shall provide that the secured party, in the
event of its acquiring title to the Demised Premises or the Shopping Center,
whether through foreclosure, Judicial process or otherwise, shall recognize the
validity of this Lease and shall honor the rights of Tenant hereunder so long as
Tenant (a) is not in default under this Lease at the time such secured party
acquired title to the Demised Premises or the Shopping Center and (b) agrees to
attorn to such mortgagee as if it were the original Landlord hereunder.
20. Tenant's Default. If Tenant defaults in the payment of any rent or
other sums due and payable to Landlord under this Lease and such default
continues for a period of ten (10) days after written notice of such default has
been given by Landlord to Tenant, or if Tenant shall violate or default in the
performance of any covenants, agreements, stipulations or other conditions
contained herein (other than the payment of rent and other sums payable under
this Lease) and such violation or default continues for a period of thirty (30)
days after written notice of such violation or default has been given by
Landlord to Tenant, or, in the case of a default not curable within thirty (30)
days, if Tenant shall fail to commence to cure the same within thirty (30) days
and thereafter proceed diligently to complete the cure thereof, then Landlord at
its option may reenter and repossess the Demised Premises with or without
process of law, declare this Lease terminated and the term of this Lease ended
forthwith, or pursue any other remedy available under law. Landlord may use such
legal force as may be necessary to remove all persons and property then located
in the Demised Premises. Landlord shall have full and uncontested right to take
possession of Tenant's fixtures, inventory and other property in or about the
Demised Premises, holding the same as additional security for the rent and other
sums due hereunder. Notwithstanding such reentry and repossession by Landlord
and the holding of such fixtures, inventory or other personal property, the
liability of Tenant for the payment of the rent and other sums due hereunder and
for the performance of Tenant's other obligations hereunder for the balance of
the term of this Lease shall not be relinquished or extinguished. Landlord
acknowledges that others do have existing liens as of date lease is signed and
that these existing liens have priority over landlords claims. Tenant
acknowledges, agrees and warrants that (1) tenant will inform and receive
approval from other existing and future lien holders that Landlord may, at
Landlord's option, relocate any and all items in the demised premises to another
location, and, (2) Tenant and other lien holders will hold Landlord harmless for
any
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or all damage or loss that may occur in said move and/or storage. Landlord at
any time may commence one or more actions to collect any sums due from Tenant
under this Lease. In the event of any such reentry and repossession, Landlord
shall have the right to relet all or any portion of the Demised Premises under
such terms and conditions as Landlord may deem appropriate and any such
reletting shall not relieve Tenant of any of its obligations to Landlord under
this Lease, except to the extent of any net rentals actually received by
Landlord from such reletting after deducting all of Landlord's expenses,
including but not limited to legal expenses, brokerage commissions and the costs
of remodeling the Demised Premises so as to render it suitable for reletting.
21. Signs. Tenant shall have the right to attaching, affixing, painting or
exhibiting signs on the Demised Premises, provided only (a) that any and all
signs shall comply with the ordinances of the city or municipality in which the
property is located and the laws of the State of Nebraska: (b) such signs shall
not change the structure of the building; (c) such signs if and when taken down
shall not damage any buildings; and (d) such signs shall be subject to the
written approval of the Landlord, which approval shall not be unreasonably
withheld.
Landlord during the last ninety (90) days of this Lease, or extension,
shall have the right to maintain in the windows, or on the building, or on the
Demised Premises "For Rent" or "For Sale" sign, and Tenant will permit, at such
time, prospective tenants or buyers to enter and examine the Demised Premises.
22. Waiver of Subrogation. Neither Landlord nor Tenant shall be liable to
the other for any business interruption or any loss or damage to property or
injury or death of persons occurring on the Demised Premises or in any manner
growing out of Tenant's use of the Demised Premises, whether or not caused by
the fault or negligence of the Landlord or Tenant, or their respective agents,
employees, subtenants, licensees or assignees. This release shall apply only to
the extent that such business interruption, loss or damage to property, or
injury or death of persons is covered by insurance maintained by the Landlord or
Tenant, and to the extent that recovery is made of proceeds thereunder, and
regardless of whether such insurance protects the Landlord or Tenant or both.
Nothing herein shall be construed to impose any other or greater liability upon
either of the parties to this Lease than would have existed in the absence of
this paragraph. This paragraph shall be effective only so long as its provisions
do not adversely affect the right of the insured, whether Landlord or Tenant or
both, to recover under the applicable policy or policies of insurance, and if
prohibited under the terms of such policy or policies, shall be deemed wholly
without force or effect.
23. Estoppel Certificates. Tenant, from time to time upon written request
from Landlord, agrees to execute, acknowledge, and deliver to Landlord, in form
reasonably satisfactory to Landlord and/or Landlord's mortgagee, a written
statement certifying that Tenant has accepted the Demised Premises, that this
Lease is unmodified and in full force and effect or, if
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there have been modifications, that this Lease is in full force and effect as
modified, setting forth the modifications, that Landlord is not in default
hereunder, the date to which the rent and other amounts payable by Tenant have
been paid in advance, if any, and such additional facts as reasonably may be
required by Landlord or Landlord's mortgagee. Tenant understands and agrees that
any such statement delivered pursuant to this paragraph may be relied upon by
any prospective purchaser of the Demised Premises, any prospective; mortgagee of
the Demised Premises and their respective successors and assigns.
24. Surrender of Premises at End of Term. Tenant agrees that upon the
termination of this Lease it will surrender, yield up and deliver the Demised
Premises in good and clean condition, except the affects of reasonable wear and
tear and depreciation arising from lapse of time, or damage without fault or
liability of Tenant. Tenant shall remove its inventory, equipment, furniture,
trade fixtures. Any personal property or fixtures which Tenant in its discretion
elects not to remove shall be presumed to be abandoned and shall thereupon be
the property of Landlord. Nothing herein is to be construed to require that
Tenant remove any property which has become a fixture of the Demised Premises.
25. Paragraph Titles. The titles of the various paragraphs of this Lease
have been inserted as a matter of convenience and for reference only, and shall
to be deemed in any manner to define, limit or describe the scope or intent of
the particular paragraphs to which they refer or to affect the meaning or
construction of the language contained in the body of such paragraphs.
26. Severability. If any provision of this Lease shall be declared legally
invalid or unenforceable, then the remaining provisions of this Lease
nevertheless shall continue in full force and effect and shall be enforceable to
the fullest extent permitted by law.
27. Time to Essence. Time is of the essence of this Lease, and all
provisions of this Lease relating to the time of performance of any obligation
under this lease shall be strictly construed.
28. Governing Law. This Lease shall be governed by and construed in
accordance with the laws of the State of Nebraska.
29. Multiple Counterparts. This Lease may be executed in multiple
counterparts, each of which shall be deemed to be an original for all purposes.
30. Definitions. Except as otherwise expressly stated in this Lease, the
"term" of this Lease shall include the original term and any additional term as
to which Tenant exercises its options, if any, and references to this "lease"
shall include this instrument and any properly executed amendment thereof or
supplement thereto.
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31. Waivers. One or more waivers by Landlord Or Tenant of a breach of any
convenant or condition by the other of them shall not be construed as a waiver
of the subsequent breach of the same covenant or condition, and the consent or
approval by Landlord or Tenant to or of any act by either requiring the other's
consent or approval shall not be deemed to waive or render unnecessary either
party's consent to or approval of any subsequent similar act by the other party.
32. Binding Agreement. All rights and liabilities herein given to or
imposed upon the respective parties hereto shall extend to and bind the
respective heirs, executors, administrators, personal representatives,
successors and assigns of such parties. No rights, however, shall insure to the
benefit of any assigns of Tenant unless the assignment thereof to such assignee
has been approved by Landlord in writing, if such approval is required by this
Lease.
33. Short-Form-Lease. Both parties agree not to record this Lease but to
execute a "short form" of lease in form recordable and reasonably satisfactory
to Landlord's attorney. In no event shall such "short forms" lease set forth the
rental and other charges payable by Tenant under this Lease, and any such "short
forms" lease shall expressly state that it is executed pursuant to the
provisions contained in this Lease and is not intended to vary the terms and
conditions of this Lease. Upon completion of the recording and/or filing of such
short form lease and agreement, if any, they shall be delivered to Tenant, and
if necessary, such recordings and/or filings shall be made in duplicate so that
recorded and/or filed counterparts thereof may so be delivered to Tenant.
34. Relationship of Parties. Nothing contained in this Lease shall be
deemed or construed by the parties hereto or by any third party to create the
relationship of principal and agent or of partnership or of joint venture
between the parties hereto, computation of rent, nor any other provision
contained herein, nor any acts of the parties hereto shall be deemed to create
any relationship between the parties hereto other than the relationship of
Landlord and Tenant.
35. Notices. Whenever under this Lease a provision is made for notice of
any kind, such notice and the service thereof shall be deemed sufficient if such
notice to Tenant and Landlord is in writing addressed to Tenant and Landlord at
the address shown in the preamble to this Lease. Either party may by notice to
the other party change the address at which it wishes to receive any notice
given under this Lease.
36. Delays in Performance. The performance by Landlord and Tenant of any of
their respective obligations or undertakings provided for in this Lease, except
the payment of rent or any other sums of money payable by Tenant under this
Lease, shall be excused and no default shall be deemed to exist in the event and
so long as the performance of any such obligation or undertaking is prevented,
delayed, retarded or hindered by any act of God, fire, earthquake, flood,
explosion, action of the elements, war, riot, failure of transportation,
strikes, lockouts, action of
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labor unions, condemnation, laws, orders of government or civil or military
authorities, inability to procure labor, equipment, materials or supplies in the
open market, or any other cause directly beyond the control of Landlord or
Tenant, as the case may be.
37. Indemnification. Landlord and Tenant agree to indemnify and defend each
other against and to hold each other harmless from any and all claims or demands
of any third party arising from or based upon any alleged act, omission or
negligence of the indemnifying party or its contractors, concessionaires,
licensees, agents, servants, invitees, employees or any one else for whom the
indemnifying party may be or alleged to be responsible. In the event that either
party shall without fault on its part be made a party to any litigation
commenced by any third party against the other party, then such other party
shall protect and hold the party harmless from and with respect to such
litigation, and shall pay all costs, expensed and attorneys' fees incurred or
paid by the party without fault in connection with such litigation, together
with any judgments rendered against the party without fault.
38. Cumulative Rights. The rights, options, elections and remedies of both
parties contained in this Lease shall be cumulative and may be exercised on one
or more occasions and none of them shall be construed as excluding any other or
any additional right, priority or remedy allowed or provided by law.
39. Holdover. In the event that Tenant remains in possession of the Demised
Premises after the termination of this Lease without the exercise of any option
to extend the term of this Lease or without the execution of a new Lease, then
Tenant shall be deemed to be occupying the Demised Premises as a tenant from
month to month, subject to all of the conditions, provisions and obligations of
this Lease, but without any rights to extend the term of this Lease.
40. Entry by Landlord. Landlord shall have the right to enter upon the
Demised Premises at all reasonable hours for the purpose of inspecting the
Demised Premises or for any other lawful purpose; provided, however, that such
entry shall not unreasonably interfere with the conduct of Tenant's business.
41. Execution Required. The submission of this document for examination
does not constitute an offer to lease or a reservation of or option for the
Demised Premises and shall become effective only upon execution by both Tenant
and Landlord.
42. Number and Gender. Where the context of this Lease requires, singular
words shall be read as if plural, plural words shall be read as if singular and
words of neuter gender shall be read as if masculine or feminine.
43. Entire Agreement. Tenant and Landlord hereby agree that this Lease as
written represents the entire agreement between the parties hereto and that
there are not other agreements, written or verbal, between the parties hereto
pertaining to the Demised Premises or the subject matter hereof.
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This Lease may not be amended or supplemented orally but only by an agreement in
writing which has been signed by the party against whom enforcement of any such
amendment or supplement is sought.
44. Local Regulations. Tenant will comply with all lawful requirements of
the local board of health, police, fire department and governmental authorities
respecting the manner in which it uses the Demised Premises. The Tenant at its
expense will supply any apparatus, applicance or material and will have done any
work for, in, or about the Demised Premises which may be required or ordered by
any law or lawful authority.
45. Corporate Tenant. The persons executing the Lease on behalf of Tenant
hereby covenant, represent and warrant that Tenant is fully incorporated, that
the corporation is in good standing and that the person(s) executing this Lease
on behalf of Tenant is an officer or are officers of such Tenant, and that he or
they as such officer(s) is/are duly authorized to sign and execute this Lease. A
copy of a resolution for such authority shall be supplied to Landlord upon
request.
46. Intentionally deleted.
47. Consent. In any instance where the consent or approval of either party
is required under the term of this Lease, such consent or approval shall not be
unreasonably withheld. Landlord and Tenant agree to execute and deliver any
instruments in writing necessary to carry out any agreement, term, conditions or
assurance in this Lease whenever occasion shall arise and request for such
instruments shall be made.
48. Deposit. Tenant has placed _______________ ($_____________) upon
signing to be used by Landlord in the event tenant should cause any damage
(excepting normal wear) or an application for monetary or other defaults. This
deposit will not bear any interest nor will it be placed in a separate account.
49. Any improvements made will be at the tenants expense. Said improvements
will either be for upon completion or advertised over the lease period with
interest at 12%.
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IN WITNESS WHEREOF, the parties hereto have set their hand the date and year
first above written.
LANDLORD: TENANT:
/s/ Xxxxxx Xxxxxxxx /s/ Xxx Xxxx
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ACKNOWLEDGEMENT
STATE OF NEBRASKA )
) ss.
COUNTY OF LANCASTER )
The foregoing instrument was acknowledged before me this 24
day of February 1992 by
XXXXXX XXXXXX
GENERAL NOTARIAL /s/ Xxxxxx X Xxxxxx
SEAL ------------------------
STATE OF NEBRASKA Notary Public
COMMISSION EXPIRES
SEPTEMBER 23, 0000
XXXXX XX XXXXXXXX )
) ss.
COUNTY OF LANCASTER )
The foregoing instrument was acknowledged before me this 24
day of February 1992 by
XXXXXX XXXXXX
GENERAL NOTARIAL /s/ Xxxxxx X Xxxxxx
SEAL ------------------------
STATE OF NEBRASKA Notary Public
COMMISSION EXPIRES
SEPTEMBER 23, 0000
XXXXX XX XXXXXXXX )
) ss.
COUNTY OF LANCASTER )
The foregoing instrument was acknowledged before me this _ day of
_______________, 1990 by
--------------------
Notary Public
12
