THIS AGREEMENT BETWEEN EXHIBIT 10.10
Xxxxxx Xxxxx Xx. As Landlord
and LAKELAND INDUSTRIES, INC., A Delaware corporation with offices at 000-0
Xxxxxxx Xxxxxx, Xxxxxxxxxx, Xxx Xxxx 00000
As Tenant
WITNESSETH: The Landlord hereby leases to the Tenant the following premises: the
premises located at 000 Xxxxx Xxxx, XX, Xxxxxxx, Xxxxxxx consisting of
approximately 2400 square feet of office space.
for the term of One (1) year, renewable by Tenant for four (4) one year terms to
commence from the 1st. day of March 2004 and to end on the 31st. day of March of
2009 to be used and occupied only for office
upon the conditions and covenants following:
1st That the Tenant shall pay the annual rent of Eighteen Thousand and no/00
dollars. ($18.000.00).- said rent to be paid in equal monthly payments in
advance on the First day of each and every month during the term aforesaid, as
follows: Fifteen Hundred and no/00 ($1,500.00) dollars on March 1, 2004 and
monthly thereafter.
2nd That the Tenant shall take good care of the premises and shall, at the
Tenant's own cost and expense make all repairs and at the end or other
expiration of the term, shall deliver up the demised premises in good order or
condition, damages by the elements excepted.
3rd That the Tenant shall promptly execute and comply with all statutes,
ordinances, rules, orders, regulations and requirements of the Federal, State
and Local Governments and of any and all their Departments and Bureaus
applicable to said premises, for the correction, prevention, and abatement of
nuisances or other grievances, in, upon, or connected with said premises during
said term; and shall also promptly comply with and execute all rules, orders and
regulations of the New York Board of Fire Underwriters, or any other similar
body, at the Tenant's own cast and expense.
4th That the Tenant, successors, heirs, executors or administrators shall not
assign this agreement, or underlet or under lease the premises, or any part
thereof, or make any alterations on the premises, without the Landlord's consent
in writing; or occupy, or permit or suffer the same to be occupied for any
business or purpose deemed disreputable or extra-hazardous on account of fire,
under the penalty of damages and forfeiture, and in the event of a breach
thereof, the term herein shall immediately cease and determine at the option of
the Landlord as if it were the expiration of the original term.
5th Tenant must give Landlord prompt notice of fire, accident, damage or
dangerous or defective condition. If the Premises can not be used because of
fire or other casualty, Tenant is not required to pay rent for the time the
Premises are unusable. If part of the Premises can not be used, Tenant must pay
rent for the usable part. Landlord shall have the right to decide which part of
the Premises is usable. Landlord need only repair the damaged structural parts
of the Premises. Landlord is not required to repair or replace any equipment,
fixtures, furnishings, or decorations unless originally installed by Landlord.
Landlord is not responsible for delays due to settling insurance claims,
obtaining estimates, labor and supply problems or any other cause not fully
under Landlord's control.
If the fire or other casualty is caused by an act or neglect of Tenant,
Tenant's employees or invitees, or at the time of the fire or casualty Tenant is
in default in any term of this Lease, then all repairs will be made at Tenant's
expense and Tenant must pay the full rent with no adjustments. The cost of the
repairs will be added rent.
Landlord has the right to demolish or rebuild the Building if there is
substantial damage by fire or other casualty. Landlord may cancel this Lease
within 30 days after the substantial fire or casualty by giving Tenant notice of
Landlord's intention to demolish or rebuild. The Lease will end 30 days after
Landlord's cancellation notice to Tenant. Tenant must deliver the Premises to
Landlord on or before the cancellation date in the notice and pay all rent due
to date of the fire or casualty. If the Lease is cancelled Landlord is not
required to repair the Premises or Building. The cancellation does not release
Tenant of liability in connection with the fire or casualty. This Section is
intended to replace the terms of New York Real Property Law Section 227.
6th The said Tenant agrees that the said Landlord and the Landlord's agents and
other representatives shall have the right to enter into and upon said premises,
or any part thereof, at all reasonable hours for the purpose of examining the
same, or making such repairs or alterations therein as may be necessary for the
safety and preservation thereof.
7th The Tenant also agrees to permit the Landlord or the Landlord's agents to
show the premises to persons wishing to hire or purchase the same; and the
Tenant further
agrees that on and after the sixth month, next preceding the expiration of the
term hereby granted, the Landlord or the Landlord's agents shall have the right
to place notices on the front of said premises, or any part thereof, offering
the premises "To Let" or "For Sale", and the Tenant hereby agrees to permit the
same to remain thereon without hindrance or molestation.
8th That if the said premises, or any part thereof shall be deserted or become
vacant during said term, or if any default be made in the payment of the said
rent or any part thereof, or if any default be made in the performance of any of
the covenants herein contained, the Landlord or representatives may re-enter the
said premises by force, summary proceedings or otherwise, and remove all persons
there from, without being liable to prosecution therefor, and the Tenant hereby
expressly waives the service of any notice in writing of intention to re-enter,
and the Tenant shall pay at the same time as the rent becomes payable under the
terms hereof a sum equivalent to the rent reserved herein, and the Landlord may
rent the premises on behalf of the Tenant, reserving the right to rent the
premises for a longer period of time than fixed in the original lease without
releasing the original Tenant from any liability, applying any moneys collected,
first to the expense of resuming or obtaining possession, second to restoring
the premises to a rentable condition, and then to the payment of the rent and
all other charges due and to grow due to the Landlord, any surplus to be paid to
the Tenant, who shall remain liable for any deficiency.
9th Landlord may replace at the expense of Tenant, any and all broken glass in
and about the demised premises. Landlord may insure, and keep insured, all plate
glass in the demised premises for and in the name of Landlord. Bills, for the
premiums therefor shall be rendered by Landlord to Tenant at such times as
Landlord may elect, and shall be due from, and payable by Tenant when rendered,
and the amount thereof shall be deemed to be, and be paid as, additional rental.
Damage and injury to the said premises, caused by the carelessness, negligence
or improper conduct on the part of the said Tenant or the Tenant's agents or
employees shall be repaired as speedily as possible by the Tenant at the
Tenant's own cost and expense.
10th That the Tenant shall neither encumber nor
obstruct the sidewalk in front of , entrance to, or halls and stairs of said
premises, nor allow the same to be obstructed or encumbered in any manner.
11th The Tenant shall neither place, or cause or allow to be placed, any sign or
signs of any kind whatsoever at, in or about the entrance to said premises or
any other part of same, except in or at such place or places as may be indicated
by the Landlord and consented to by the Landlord in writing. And in case the
Landlord or the Landlord's representatives shall deem it necessary to remove any
such sign or signs in order to paint the said premises or the building wherein
same is situated or make any other repairs, alterations or improvements in or
upon said premises or building or any part thereof, the Landlord shall have the
right to do so, providing the same be removed and replaced at the Landlord's
expense, whenever the said repairs alterations or improvements shall be
completed.
12th That the Landlord is exempt from any and all liability for any damage or
injury to person or property caused by or resulting from steam, electricity,
gas, water, rain, ice or snow, or any leak or flow from or into any part of said
building or from any damage or injury resulting or arising from any other cause
or happening whatsoever unless said damage or injury be caused by or be due to
the negligence of the Landlord.
13th That if default be made in any of the covenants herein contained, then it
shall be lawful for the said Landlord to re-enter the said premises, and the
same to have again, re-possess and enjoy. The said Tenant hereby expressly
waives the service of any notice in writing of intention to re-enter.
14th That this instrument shall not be a lien against said premises in respect
to any mortgages that are now on or that hereafter may be placed against said
premises, and that the recording of such mortgage or mortgages shall have
preference and precedence and be superior and prior in lien of this lease,
irrespective of the date of recording and the Tenant agrees to execute without
cost, any such instrument which may be deemed necessary or desirable to further
effect the subordination of this lease to any such mortgage or mortgages, and a
refusal to execute such instrument shall entitle the Landlord, or the Landlord's
assigns and legal representatives to the option of cancelling this lease without
incurring any expense or damage and the term hereby granted is expressly limited
accordingly.
15th The Tenant has this day deposited with the Landlord the sum of $ as
security for the full and faithful performance by the Tenant of all the terms,
covenants and conditions of this lease upon the Tenant's part to be performed,
which said sum shall be returned to the Tenant after the time fixed as the
expiration of the term herein, provided the Tenant has fully and faithfully
carried out all of said terms, covenants and conditions on Tenant's part to be
performed. In the event of a bona fide sale, subject to this lease, the Landlord
shall have the right to transfer the security to the vendee for the benefit of
the Tenant and the Landlord shall be considered released by the Tenant from all
liability for the return of such security; and the Tenant agrees to look to the
new Landlord solely for the return of the said security, and it is agreed that
this shall apply to every transfer or assignment made of the security to a new
Landlord.
16th That the security deposited under this lease shall not be
mortgaged, assigned or encumbered by the Tenant without the written consent of
the Landlord.
17th It is expressly understood and agreed that in case the demised premises
shall be deserted or vacated, or if default be made in the payment of the rent
or any part thereof as herein specified, or if, without the consent of the
Landlord, the Tenant shall sell, assign or mortgage this lease or if default be
made in the performance of any of the covenants and agreements in this lease
contained on the part of the Tenant to be kept and performed, or if the Tenant
shall fail to comply with any of the statutes, ordinances, rules, orders,
regulations and requirements of the Federal, State and Local Governments or of
any and all their Departments and Bureaus, applicable to said premises, or if
the Tenant shall file or there be filed against Tenant a petition in bankruptcy
or arrangement or Tenant be adjudicated a bankrupt or make an assignment for the
benefit of creditors or take advantage of any insolvency act, the Landlord may,
if the Landlord so elects, at any time thereafter terminate this lease and the
term hereof, on giving to the Tenant five days notice in writing of the
Landlord's intention so to do, and this lease and the term hereof shall expire
and come to an end on the date fixed in such notice as if the said date were the
date originally fixed in this lease for the expiration hereof. Such notice may
be given by mail to the Tenant addressed to the demised premises.
18th Tenant shall pay to Landlord the rent or charge, which may, during the
demised term, be assessed or imposed for the water used or consumed in or on the
said premises, whether determined by meter or otherwise, as soon as and when the
same may be assessed or imposed, and will also pay the expenses for the setting
of a water meter in the said premises should the latter be required. Tenant
shall pay Tenant's proportionate part of the sewer rent or charge imposed upon
the building. All such rents or charges or expenses shall be paid as additional
rent and shall be added to the next month's rent thereafter to become due.
19th That the Tenant will not nor will the Tenant permit under tenants or other
persons to do anything in said premises, or bring anything into said premises,
or permit anything to be brought into said premises or to be kept therein, which
will in any way increase the rate of fire insurance on said demised premises,
nor use the demised premises or any part thereof, nor suffer or permit their use
for any business or purpose which would cause an increase in the rate of fire
insurance on said building, and the Tenant agrees to pay on demand any such
increase.
20th The failure of the Landlord to insist upon a strict performance of any of
the terms, conditions and covenants herein, shall not be deemed a waiver of any
rights or remedies that the Landlord may have, and shall not be deemed a waiver
of any subsequent breach or default in the terms, conditions and covenants
herein contained. This instrument may not be changed, modified, discharged or
terminated orally.
21st If the whole or any part of the demised premises shall be acquired or
condemned by Eminent Domain for any public or quasi public use or purpose, then
and in that event, the term of this lease shall cease and terminate from the
date of title vesting in such proceeding and Tenant shall have no claim against
Landlord for the value of any unexpired term of said lease. No part of any award
shall belong to the Tenant.
22nd If after default in payment of rent or violation of any other provision of
this lease, or upon the expiration of this lease, the Tenant moves out or is
dispossessed and fails to remove any trade fixtures or other property prior to
such said default, removal, expiration of lease, or prior to the issuance of the
final order or execution of the warrant, then and in that event, the said
fixtures and property shall be deemed abandoned by the said Tenant and shall
become the property of the Landlord.
23rd In the event that the relation of the Landlord and Tenant may cease or
terminate by reason of the re-entry of the Landlord under the terms and
covenants contained in this
lease or by the ejectment of the Tenant by summary proceedings or otherwise, or
after the abandonment of the premises by the Tenant, it is hereby agreed that
the Tenant shall remain liable and shall pay in monthly payments the rent which
accrues subsequent to the re-entry by the Landlord, and the Tenant expressly
agrees to pay as damages for the breach of the covenants herein contained, the
difference between the rent reserved and the rent collected and received, if
any, by the Landlord during the remainder of the unexpired term, such difference
or deficiency between the rent herein reserved ant the rent collected if any,
shall become due and payable in monthly payments during the remainder of the
unexpired term, as the amounts of such difference or deficiency shall from time
to time be ascertained; and it is mutually agreed between Landlord and Tenant
that the respective parties hereto shall and hereby do waive trial by jury in
any action, proceeding or counterclaim brought by either of the parties against
the other on any matters whatsoever arising out of or in any way connected with
this lease, the Tenant's use or occupancy of said premises, and/or any claim of
injury or damage.
24th The Tenant waives all rights to redeem under any law.
25th This lease and the obligation of Tenant to pay rent hereunder and perform
all of the covenants and agreements hereunder on part of Tenant to be performed
shall in nowise be affected, impaired or excused because Landlord is unable to
supply or is delayed in supplying any service expressly or impliedly to be
supplied or is unable to make or is delayed in making any repairs, additions,
alterations or decorations or is unable to supply or is delayed in supplying any
equipment or fixtures if Landlord is prevented or delayed from so doing by
reason of governmental preemption in connection with a National Emergency or in
connection with any rule, order or regulation of any department or subdivision
thereof of any governmental agency or by reason of the condition of supply and
demand which have been or are affected by war or other emergency.
26th No diminution or abatement of rent, or other compensation, shall be claimed
or allowed for inconvenience or discomfort arising from the making of repairs or
improvements to the building or to its appliances, nor for any space taken to
comply with any law, ordinance or order of a governmental authority. In respect
to the various "services," if any, herein expressly or impliedly agreed to be
furnished by the Landlord to the Tenant, it is agreed that there shall be no
diminution or abatement of the rent, or any other compensation, for interruption
or curtailment of such "service" when such interruption or curtailment shall be
due to accident, alterations or repairs desirable or necessary to be made or to
inability or difficulty in securing supplies or labor for the maintenance of
such "service" or to some other cause, not gross negligence on the part of the
Landlord. No such interruption or curtailment or any such "service" shall be
deemed a constructive eviction. The Landlord shall not be required to furnish,
and the Tenant shall not be entitled to receive, any of such "services" during
any period wherein the Tenant shall be in default in respect to the payment of
rent. Neither shall there be any abatement of diminution of rent because of
making of repairs, improvements or decorations to the demised premises after the
date above fixed for the commencement of the term, it being understood that rent
shall, in any event, commence to run at such date so above fixed.
27th Landlord shall not be liable for failure to give possession of the premises
upon commencement date by reason of the fact that premises are not ready for
occupancy or because a prior Tenant or any other person is wrongfully holding
over or is in wrongful possession, or for any other reason. The rent shall not
commence until possession is given or is available, but the term herein shall
not be extended.
Additional provisions on Rider Attached hereto.-
And the said Landlord doth covenant that the said Tenant on paying the said
yearly rent, and performing the covenants aforesaid, shall and may peacefully
and quietly have, hold and enjoy the said demised premises for the term
aforesaid, provided however, that this covenant shall be conditioned upon the
retention of title to the premises by the Landlord.
And it is mutually understood and agreed that the covenants and agreements
contained in the within lease shall be binding upon the parties hereto and upon
their respective successors, heirs, executors and administrators.
In Witness Whereof, the parties have interchangeably set their hands and
seals (or caused these presents to be signed by their proper corporate officers
and caused their proper corporate seal to be hereto affixed) this 1st day of
March 2004
Sighed, sealed and delivered
in the presence of
Xxxxxx Xxxxx,Xx. as Landlord
By: /s/ Xxxxxx Xxxxx, Xx. L.S.
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Xxxxxx Xxxxx, Xx.
Lakeland Industries, Inc.
By: /s/ Xxxxxxxxxxx X. Xxxx L.S.
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Xxxxxxxxxxx X. Xxxx
President
ACKNOWLEDGMENT IN NEW YORK STATE
State of New York, Count of Suffolk
On March 8, 2004 before me, the undersigned,
Personally appeared Xxxxxxxxxxx X. Xxxx
Personally known to me or proved to me on the basis of satisfactory evidence to
be the individual(s) whose name(s) is (are) subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their
signature(s) on the instruments, the individual(s), or the person upon behalf of
which the individual(s) acted, executed the instrument.
Xxxxx X. Xxxxxxxx
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Signature and office of individual taking acknowledgment
ACKNOWLEDGMENT OUTSIDE XXX XXXX XXXXX
Xxxxx xx Xxx Xxxx Xxxxxx of Suffolk
On March 8, 2004 before me, the undersigned
Personally appeared
Personally known to me or proved to me on the basis of satisfactory evidence to
be the individual(s) whose name(s) is (are) subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instruments, the
individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument, and that such individual made such appearance before
the undersigned in
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Signature and office of individual taking acknowledgment
ACKNOWLEDGMENT BY SUBSCRIBING WITNESS(ES)
State of Alabama )
) ss.:
County of Madison )
On 2/20/04 Before me, the undersigned
personally appeared
the subscribing witness(es) to the foregoing instrument, with whom I am
personally acquainted, who, being by me duly sworn, did depose and say that
he/she/they reside(s) in (if the place of residence is in a city, include the
street and street number, if any thereof)
that he/she/they know(s) Xxxxxx Xxxxx, Xx.
to be the individual(s) described in and who executed the foregoing instruments;
that said subscribing witness(es) was (were) present and saw said
execute the same; and that said witness(es) at the same time subscribed
his/her/their name(s) as a witness(es) thereto.
(_? if taken outside New York State insert city or political subdivision and
state or country or other place acknowledgment taken and that said subscribing
witness(es) made such appearance before the undersigned in
/s/ Xxxx Xxxxxx
--------------------------------------------------------------------------------
/s/ Xxxx Xxxxx
--------------------------------------------------------------------------------
/s/ Xxxxxx Xxx
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(signature and office of individual taking acknowledgement
----------------------------------------------------------
LEASE
Dated March 1,2004
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In consideration of the letting of the premises within mentioned to the within
named Tenant and the sum of $1.00 paid to the undersigned by the within named
Landlord, the undersigned do hereby covenant and agree, to and with the Landlord
and the Landlords legal representatives, that it default shall at any time be
made by the said Tenant in the payment of the rent and the performance of the
covenants contained in the within lease, on the Tenant's part to be paid an
performed, that the undersigned will well and truly pay the said rent, or any
arrears thereof, that may remain due unto the said Landlord, and also pay all
damages that may arise in consequence of the non-performance of said covenants,
or either of them, without requiring notice of any such default from the said
Landlord. The undersigned hereby waives all right to trial by jury in any action
or proceeding hereinafter by the Landlord, to which the undersigned may be a
party.
In Witness Whereof, the undersigned ha set hand and seal
this day of
WITNESS L.S
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RIDER TO LEASE
--------------
DATED:
Between
as Landlord
and
as Tenant
28th Wherever there is a conflict between the printed and typewritten portions
of this leases, the typewritten portions shall govern.
29th Tenant, at its own expense, shall maintain plate glass and comprehensive
general public liability insurance protecting Landlord and Tenant and naming
Landlord as an additional insured with respect to personal injury or property
damage due to negligence occurring in or about the leased premises with minimum
limits of $300,000.00 for personal injury to any one person, and$500,000.00 for
personal injury to any number of persons arising out of one accident, and
$100.000.00 for property damage. Said insurance shall be taken out with a
company licensed to do business in the State of New York and the State of
Alabama and proof of such insurance shall be delivered to the Landlord upon the
commencement of this lease. Annual proof of payment shall thereafter be
submitted to the Landlord. The original policy, upon Landlord's request, shall
be exhibited to the Landlord by the Tenant within thirty (30) days after
commencement of the term of this agreement. Upon failure of the Tenant to so
deposit said policy, the Landlord shall have the privilege to procure said
insurance on his own application therefore, and the amount of the premium, if
paid by the Landlord, shall be due and payable with the rent reserved hereunder,
collectible with the same remedies as if originally reserved as rent hereunder.
30th Notwithstanding anything else contained in this lease, it is understood and
agreed that the Tenant shall provide his own heat and pay his own electricity
bills. All of the utilities shall be supplied by the Tenant at his own cost and
expense.
31st Notwithstanding anything else contained in this lease, upon the expiration
of same for any reason whatsoever, Tenant covenants and agrees that the premises
will be redelivered to the Landlord broom clean.
32nd The Tenant shall make no physical improvements, changes, modifications,
alterations or additions to the leased premises without the written consent of
the Landlord. All alterations, repairs, improvements, extensions or additions
which may be made to the demised premises by the Tenant shall immediately become
the property of the Landlord and become a part of the demised premises
hereunder, excepting, however, removable trade fixtures. It is, however, agreed
that when trade fixtures are removed, the demised premises are to be placed, at
the Tenant's expense, in their original condition.
33rd The Tenant shall pay as additional rent during the term hereof without any
set off or deduction whatsoever, all taxes on the entire building of which the
leased premises are a part including, but not limited to, ad valorem taxes, real
estate taxes and water charges. Such payment shall be made within thirty (30)
days of the demand therefore by the Landlord and receipted tax bills shall be
sufficient evidence of the amount of such taxes.
34th Tenant shall pay as additional rent during the term hereof without any set
off or deduction whatsoever, all fire insurance premiums on the entire building
of which the leased premises are a part within thirty (30) days of the date or
receipt by Tenant from Landlord of a xxxx therefore.
35th Tenant shall have the right to sublet all or any portion of the demised
premises provided the following conditions are complied with:
(a) At the time of such subletting, this lease must be in full force and
effect without any breach or default thereunder on the part of the
tenant.
(b) A copy of the sublease shall be mailed to Landlord within ten (10)
days from the effective date of such subletting.
(c) Such subletting shall be upon and subject to all the provisions,
terms, covenants and conditions of this lease and Tenant shall
continue to be and remain liable hereunder.
(d) Notwithstanding the foregoing, if the Tenant proposes to sublet all or
substantially all of the demised premises. Tenant shall so notify the
Landlord and Landlord shall have the option to cancel and terminate
this lease as of the date proposed by Tenant for such subletting,
which options shall be exercisable within fifteen (15) days after
receipt of such notice by Landlord of the proposed subletting.
(e) Tenant shall not assign this lease without the consent of Landlord
first had received, which consent Landlord agrees not to unreasonably
withhold or delay: provided however, that Tenant shall have the right,
without the consent of Landlord to assign this lease to (i) a
subsidiary or affiliated corporation, either of which may have a
normal capital; (ii) any corporation resulting from a reorganization
of Tenant or its parent company with any one or more corporations;
(iii) any corporation resulting from the consolidated of Tenant with
or into any one or more corporations.
36th Throughout the term of this lease, Tenant shall indemnify Landlord and save
it harmless against and from any and all liability, losses, damages, costs,
expenses and claims by or on behalf of any person, firm, corporation,
governmental authority or other entity incurred by Landlord with respect to the
leased premises, including, without limitation, burdens resulting from any and
all acts of commission or omission on the part of Tenant or of anyone holding
by, through or under Tenant, and any and all of its agents, servants, employees,
invitees and contractors, and against and from any injury or damage to any
person, or to any property of any person, except as a result of Landlord's own
acts of commission or omission.
37th Tenant shall be responsible for, and hereby relieves and shall save
Landlord harmless of and from any and all liability by reason of any injury or
damage to any person or property in the leased premises, whether such property
belongs to Tenant or to any persons, firms, corporations or other entity caused
by any fire, installation, or from water, rain or snow that may leak into, issue
or flow from any part of said leased premises, or from the drains, pipes or
plumbing work of the said leased premises, or from any place or quarter and from
the use, misuse or abuse of any hoists, conveyors, hatches, openings, platforms,
stairways, machinery or equipment of any kind whatever which may exist at the
time of the date of this lease or thereafter be installed in or on the leased
premises, and from any and all kinds of injury and damage which may arise in or
upon the leased premises from any other cause, unless such damage, injury, use,
misuse or abuse shall have been caused by or result from the negligence of
Landlord, its agents, servants or employees during the continuance of this lease
by acts of commission or omission.
38th It is hereby understood and agreed that in the event the Tenant leaves any
property on the leased premises subsequent to the expiration of the within lease
that said property is hereby deemed abandoned and the Landlord may dispose of
said property at its option without ay liability on the part of the Landlord. It
is further understood and agreed that the Tenant waives any and all rights,
title and interest to said property, releases and waives any and all claims
thereto, and further agrees that the Tenant will be responsible to the Landlord
for any and all expenses incurred by the Landlord concerning said property.
39th Whenever under the terms of the lease any sum of money is required to be
paid by Tenant in addition to the rental herein reserved, and said additional
amount so to be paid
is not designated as "additional," or provision is not made in the paragraph
covering such payment for the collection of said amount as "additional rental,"
then said amount shall nevertheless, at the option of Landlord if not paid when
due, be deemed "additional rental" and collectible as such with any installment
of rental thereafter falling due here under, but nothing herein contained shall
be deemed to suspend or delay the payment of any sum at the time the same
becomes due and payable hereunder or limit any other remedy of Landlord.
40th This lease contains the entire agreement between Landlord and Tenant and
shall not be modified in any manner except by an instrument in writing signed by
Landlord and Tenant.
Landlord
By /s/Xxxxxx Xxxxx, Xx.
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Tenant
------
By /s/Xxxxxxxxxxx X. Xxxx
----------------------
