EXHIBIT 10.07
EARLY POSSESSION AGREEMENT
Reference is made to that lease commencing February 1, 1996 between the LESSOR:
XXXXXXX OFFICE PARK and the LESSEE: A & R MATERIALS, INC. at 0000 Xxxxxxxx
Xxxxxx, Xxxxx 000, Xxx Xxxx, Xxxxxxxxxx LESSEE is allowed to occupy premises on
January 12, 1996. Rent is to begin on February 1, 1996. LESSOR and LESSEE
agree that all the terms and conditions to the above referenced lease are to be
in full force and effect as of the date of LESSEE's possession of the premises.
LESSEE accepts premises in their present condition. LESSOR agrees to complete
all LESSEE improvements as set forth in this lease.
LESSEE understands that his early occupancy may cause some delay in the con-
struction of the LESSEE improvements and that such delay will not be a release
of liability of any rent due. It is further understood that prior to any
improvement of the leased premises by the LESSEE which may result in the delay
in construction of LESSEE improvements or the obtaining of building permit
without written consent of LESSOR is hereby prohibited. Any such violation may
cause the termination of this lease.
In the event LESSEE takes possession of the premises prior to completion of any
construction, LESSEE agrees to hold LESSOR harmless from any and all claims for
damages to goods, equipment or inconvenience.
ACCEPTED:
LESSOR: LESSEE:
XXXXXXX OFFICE A & R MATERIALS, INC.
-------------------------------- ------------------------------------
BY: Xxxxx Xxxxxxx BY: Xxxxx X. Xxxxxxxxx
BY: Xxxxx Xxxxxxxx, Attorney in Fact
DATE: _______________________ TITLE: ____________________________
OFFICE LEASE AGREEMENT
THIS LEASE is made between XXXXXXX PROPERTIES, called "Landlord"
and A & R MATERIALS, INC., A CALIFORNIA CORPORATION, called "Tenant."
IT IS AGREED BETWEEN LANDLORD AND TENANT AS FOLLOWS: -
1. PREMISES: Landlord hereby leases and Tenant hereby hires, upon the
terms and conditions herein set forth, the office space known as Suite 119 on
the First floor of the XXXXXXX OFFICE PARK Building, herein after referred to as
the "Building," located at 0000 Xxxxxxxx Xxxxxx, Xxxxxxxxxx 00000 as outlined
on the floor plan attached hereto as Exhibit "A" and hereby made a part hereof,
such office space referred to as the "Premises."
2. TERMS: The term of this Lease shall be for a period of Two (2)
Years commencing on the 1st day of February, 1996 and terminating on the 31st
day of January, 1998.
3. RENT: Tenant will pay to Landlord, at the office of the Building,
as rent for the premises. Payable Two Thousand Three Hundred Six Dollars and
00/100 ($2,306.00) concurrent herewith as and for rent for the first month of
the lease term, and Two Thousand Three Hundred Six Dollars @ 00/100 ($2,306.00)
per month on the first day of each and every month thereafter during the full
term thereof Tenant agrees that he will promptly pay said rent at the times
above stated; that he will pay all other charges, if any, for the premises
during the term of this Lease.
The parties agree that in the event Tenant fails to make any rental payment
within ten days of the due date, it will be impracticable and extremely
difficult to fix the actual damages to Landlord. Therefore, the parties agree
that Tenant will pay Landlord the sum of $50.00 if the rent payment is not
received within ten (10) days of the due date, and an additional sum of $50.00
if the rent is not received within twenty (20) days of the due date. The
assessment of the damages herein above set forth shall be in addition to
remedies available to Landlord as set forth on paragraph # 25 hereof.
4. DEPOSIT: As additional consideration for the execution of this
Lease agreement by Landlord, Tenant has paid to Landlord the sum of Two Thousand
Three Hundred Six Dollars and 00/100 ($2,306.00) concurrent herewith, receipt
whereof is hereby acknowledged. Landlord may apply any portion or all of said
deposit to unperformed obligations of Tenant under this Lease, and in said event
Tenant shall replace the portion so applied within ten (10) days of notice from
Landlord. At the end of the Lease term, any portion of the deposit remaining
shall be returned to Tenant.
5. TAXES: Landlord shall pay all taxes and assessments levied upon
the real property and Landlords improvements only, of which the Premises
represents 3.6 %(3.6%) of the total area, as they exist at the commencement
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date of this Lease, However, in the event that such taxes shall be increased
above the 1994-1995 fiscal year figures, Tenant shall pay Landlord his propor-
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tionate share of said increase during the term of the Lease within twenty (20)
days of receipt of a xxxx therefore from Landlord setting forth the computations
of Tenants obligation in accordance with this paragraph. Tenant shall pay the
pro rata amount of such increase for the number of months of the Lease term
within the fiscal tax year when less than twelve (12) months. Tenant shall pay
all taxes and assessments levied against any personal property, trade fixtures,
or other improvements on the Premises belonging to Tenant. Tenant shall also pay
any sales, use or rental tax which may be assessed by any governmental body
during the time of this Lease.
6. UTILITIES: Landlord will use reasonable efforts to provide the
Premises with hot and cold water, heat air conditioning, ventilation, gas, light
and janitor service during such hours and of such character and amounts a
Landlord, in its sole judgment, may deem reasonable, without liability for
failures or interruptions resulting from any cause or from good faith acts or
decisions of Landlord.
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7. USE: Tenant will use the Premises only for office purposes,
unless the Landlord shall give Tenant previous written consent for a different
use. In connection with his use of and activities in and about the Premises and
the Building, Tenant at his expense will comply and will cause his employees,
agents and invitees to comply, with all applicable rules and regulations of
governmental agencies, and Tenant will conduct himself and cause his employees,
agents and invitees to conduct themselves, with full regard for the rights,
convenience, and welfare of all other tenants in the Building.
8. SIGNS: Tenant will not permit any signs, advertisements or
notices to be displayed, inscribed upon or affixed on any part of the outside or
inside of the premises, or in the building of which they are a part, except on
the directory board to be provided by Landlord and on the entrance doors of the
Premises, and then only of such size, color and style as Landlord may approve.
9. CONDITION OF PREMISES AT COMMENCEMENT: Tenant acknowledges that
his acceptance of possession of the Premises constitutes a conclusive admission
that he has inspected the Premises and has found it in good condition and repair
in all respects in accordance with the obligation of Landlord under this Lease.
10. UNDERTAKINGS BY TENANT-INDEMNIFICATION OF LANDLORD: Tenant will
hold Landlord and all other tenants of the Building, and their employees, agents
and invitees, harmless from any loss, damage, or liability caused by Tenant or
his employees, agents or invitees. Tenant will not claim damages, other than a
prorated abatement of the rent, if delivery of possession of the Premises will
be delayed beyond commencement of the term of this Lease, regardless of the
cause.
11. NOTICE OF DISREPAIR: Upon observing that any part of the Premises
or of the Building, including the fixtures and facilities, is or appears to be
defective, damaged or in disrepair, regardless of the nature or cause, Tenant
will notify Landlord immediately.
12. ACTS AFFECTING INSURANCE: Tenant will not conduct any activities
or keep any materials, substances, or articles in or about the Premises which
will impair or invalidate, or increase the premium cost of, insurance policies
carried by Landlord.
13. MAINTENANCE: During the term Tenant will maintain the Premises in
good condition and repair in compliance with Landlord's written instructions,
except such repair and maintenance which are the obligations of Landlord as
provided hereafter in Paragraph 19 of this Lease and except for damage not
caused by any negligence of Tenant or of any employee, agent, or invitee of
Tenant. Tenant will maintain all of his furniture, furnishings, and equipment
located in the Premises in good, neat, and attractive condition and in good
repair.
14. ALTERATIONS: Tenant will not make any alterations or additions
to or install partitions or built-in fixtures or facilities in the Premises
without Landlord's previous written consent. Any alterations, partitions, or
built-in fixtures or facilities made to or installed in the Premises by Tenant
with Landlord's consent will be, done in accordance with and subject to the
written directions and conditions issued by Landlord, and shall become a part of
the Building and the property of Landlord. Landlord may repair, alter, improve
or remodel any portion of the Premises or the Building, but without obligation
so to do, without liability to Tenant for any damage or convenience to or
temporary impairment of enjoyment of the Premises by Tenant.
15. LIENS: Tenant will not cause or permit any lien to be imposed
upon the Premises or the Building and will pay all taxes and license fees
imposed by reason of any improvements made by Tenant to the Premises or imposed
upon any personal property located in the Premises. Tenant agrees to give
Landlord
not less than (5) days notice prior to commencement of any alteration or repair
permitted under the terms of the Lease so that Landlord may post Notice of Non-
Responsibility.
16. REIMBURSEMENT: Tenant will reimburse Landlord for all expenditures
made by Landlord for the account or benefit of Tenant.
17. CONDEMNATION: Should any part of the Premises or the Building be
taken from Landlord as a result of condemnation proceedings, threatened or
filed, Tenant does and will relinquish to Landlord any interest in the proceeds
or the award. Should all or a substantial part of the Premises be taken or
relinquished by a public utility or a governmental agency by condemnation or
otherwise, Landlord or Tenant may terminate this Lease on not less than thirty
(30) days' written notice to Tenant.
18. RIGHT OF ENTRY: Tenant will permit any officer, agent, or employee
of Landlord to enter the Premises, with a passkey or otherwise at any reasonable
time for inspection, janitor service, or other reasonable purposes and Tenant
releases Landlord from any responsibility for any resulting theft or damage,
excepting only willful misconduct or negligence of landlord.
19. UNDERTAKINGS BY LANDLORD-RULES AND SERVICE: Landlord will
endeavor, but without liability for failure, to establish, maintain, and enforce
rules and regulations in connection with the use and occupancy of the Building
which will be conducive to the welfare and comfort of all tenants of the
Building, and shall furnish the Premises during reasonable and usual business
hours the following services at Landlord's sole expense.
(a) Heat - Heat and air conditioning during the customary periods of the
year, Monday through Friday, when and to the same extent Landlord
furnishes heat and air conditioning for other portions of the
Building of which the Premises are a part should Tenant require heat
or cooling.
(b) Electricity - Electric current consisting of 110/208 service for
lighting and ordinary business appliances;
(c) Janitorial Services - Usual janitorial and maintenance service
including the sweeping and waxing of floors. Landlord shall also
maintain and keep lighted the common stairs, entries, and toilet
rooms in the Building;
(d) Repairs - Tenant will, at his sole cost and expense, supply chair
mats for all desk chairs, keep and maintain the said leased
premises, and every part thereof, including the interior of the
premises, glazing, and plumbing and electrical fixtures, in good and
sanitary order, condition and repair. Lessor will, at his sole cost
and expense, keep and maintain the structure, roof and exterior
walls of the Building (excluding glazing), the heating and air
conditioning equipment, the off premises sewer and water lines, and
the landscaping, sidewalks and parking areas used in common by other
tenants, in good and sanitary order, condition and repair.
20. FLOORLOAD: Tenant will not overload the floors, nor install
any heavy business machines or any heavy equipment of any kind, without prior
written approval of Landlord, which, if granted, may be conditioned upon moving
by skilled licensed handlers and installation and maintenance at Tenant's
expense of special reinforcing and settings adequate to absorb and prevent noise
and vibration. In no event will Tenant be allowed to place a load exceeding
fifty (50) pounds per square inch on any floor of the building without prior
written consent.
21. NONLIABILITY OF LANDLORD: Excepting only willful misconduct or
negligence of Landlord shall not be liable to Tenant for any damage to Tenant's
property, or for any disruption of Tenant's business or professional activities
in the Premises, resulting from leaky plumbing, gas, water, steam,
electrical, heating, cooling, ventilating or air-conditioning fixtures,
facilities or conduits, from disrepair or faulty construction of the building;
from acts of officers, agents, or employees of Landlord or of other tenants in
the building or their employees, agents or invitees; or from any trespass or
public offense committed in or about the Premises of the building except that
Landlord agrees to take reasonable steps to correct any such condition after
first receiving written notice thereof from Tenant.
22. (A) ASSIGNMENT AND SUBLETTING: Tenant shall not voluntarily assign
or encumber its interest in this Lease or in the Premises, or sublease all or
any part of the Premises, or allow any other person or entity to occupy or use
all or any part of the Premises, without first obtaining Landlord's prior
written consent. Any assignment, encumbrance, or sublease without Landlord's
prior written consent shall be voidable, at Landlord's election, and shall
constitute a default. No consent to any assignment, encumbrance, or sublease
shall constitute a further waiver of the provisions of this paragraph. Tenant
shall notify Landlord in writing of Tenant's intent to sublease, encumber or
assign this Lease and Landlord shall, within thirty (30) days of receipt of such
written notice, elect one of the following:
(a) Consent to such proposed assignment, encumbrance or sublease;
(b) Refuse such consent, which refusal shall be on reasonable grounds; or
(a) Elect to terminate this Lease.
As a condition for granting its consent to any assignment, encumbrance or
sublease, Landlord may require that the sublessee or assignee remit directly to
Landlord on a monthly basis, all monies due to Tenant by said assignee or
sublessee. If for any proposed assignment or sublease Tenant receives rent or
other consideration, either initially or over the term of the assignment or
sublease, in excess of the rent called for hereunder, or, in case of the
sublease of a portion of the ]Premises, in excess of such rent fairly allocable
such portion, after appropriate adjustments to assure that all other payments
called for hereunder are taken into account, Tenant shall pay Landlord as
additional rent hereunder ninety percent (90%) of the excess of each such
payment of rent or other consideration received by
Tenant promptly after its receipt. Landlord's waiver or consent to any
assignment or subletting shall not relieve Tenant from any obligation under this
Lease. Occupancy of all or part of the Premises by parent, subsidiary, or
affiliated companies of Tenant shall not be deemed an assignment or subletting.
(B) SUBORDINATION: Without the necessity of any additional document
being executed by Tenant for the purpose of effecting a subordination, and at
the election of Landlord or any first mortgagee with a lien on the Building or
any ground Lessor with respect to the building, this Lease shall be subject and
subordinate at all times to: (a) all ground leases or underlying leases which
may now exist or hereafter be executed affecting the building or the land upon
which the Building is situated or both, and (b) the lien of any mortgage or deed
of trust which may now exist or hereafter be executed in any amount for which
the Building, land, ground leases or underlying leases, or Landlords interest or
estate in any of said items is specified as security. Notwithstanding the
foregoing, Landlord shall have the right the subordinate or cause to be
subordinated any such ground leases or underlying leases or any such lions to
this Lease. In the event that any ground lease or underlying lease terminates
for any reason or any mortgage or deed of trust is foreclosed or a conveyance in
lien of foreclosure is made for any reason, Tenant shall, notwithstanding any
subordination, attorn to and becomes the Tenant of the successor in interest to
Landlord, at the option of such successor in interest. Tenant covenants and
agrees to execute and deliver, upon demand by Landlord and in the form requested
by Landlord, any additional documents evidencing the priority or subordination
of this Lease with respect to any such ground leases or underlying leases or the
lien of any such mortgage or deed of trust. Tenant hereby irrevocably appoints
Landlord as attorney-in-fact of Tenant to execute, deliver and record any such
documents in the name and on behalf of Tenant.
23. DESTRUCTION OF LEASEHOLD: Should the leasehold, or any part of the
building, be damaged or destroyed, Landlord may elect to terminate this Lease or
continue it in force and, without affecting Tenant's liability under Paragraph
10, repair or rebuild the leasehold or Building, provided Tenant, upon giving to
Landlord written notice within 10 days after the damage or destruction, may
terminate this Lease if the leasehold cannot be made tenantable within 120 days.
Landlord may occupy as much of the
leasehold as may be necessary to accomplish the repair or reconstruction,
pending the completion of which an equitable reduction or abatement of the rent
will be made by Landlord if this Lease should not be terminated under this
paragraph. Landlord shall not be liable to Tenant for any loss or damage to or
destruction of the leasehold or from the repairing or rebuilding of the
leasehold or Building.
24. RULES AND REGULATIONS: Tenant will comply, and will cause his
employees, agents and invitees to comply, with all reasonable rules and
regulations adopted by Landlord in connection with the use and occupancy of the
Premises and of the Building, and with all supplements and amendments which
Landlord may adopt hereafter. Any violation by Tenant, or by his employees,
agents, or invitees, of any rule or regulation heretofore or hereafter adopted,
amended, or supplemented by Landlord, shall constitute a default under this
Lease and shall make available to Landlord the remedies provided herein.
25. DEFAULT: If tenant should become in default under this Lease,
Landlord, at its option and without notice, (1) may terminate this Lease, take
possession of the Premises at any rent obtainable, recovering from Tenant, in
successive actions or a single action, any deficit between the rent received and
the rent provided to be paid under this Lease, plus all the expenses, including
attorney's fees, incurred in the taking of possession and reletting; or (2)
without attempting to relet the premises and with Or without terminating this
Lease, may (a) xxx, at regular or irregular intervals and in successive suits,
to recover the unpaid installments of rent, or (b) bring a single action to
recover unpaid rent for the remaining term of this Lease, or (e) xxx for general
and special damages. If Landlord should take possession of the Premises under
the provisions of this paragraph or at the end of the term, Land may remove to
any place of storage, or any dumping ground, at Tenant's s risk and expense and.
without incur any responsibility to Tenant for loss, damage, or theft, all
property in or about the leasehold belonging to or in custody of Tenant. The
remedies provided in this paragraph are cumulative and may be exercised
simultaneously with, in addition to, or independently of, any other legal
remedy.
26. ABANDONMENT: Tenant covenants that he will occupy the premises
continuously except for normal vacation periods and agrees that any absence
therefrom for more than one week, during any part of which time rental is
delinquent shall be conclusively presumed to be an abandonment of the premises
at the option of the Landlord.
27. RESTORATION OF PREMISES: Upon termination of this Lease or by
expiration of the term or by election of Landlord, Tenant will restore the
Premises to Landlord in the same condition as it existed at the commencement of
the term except as otherwise permitted or required by this Lease, and except for
reasonable use and wear.
28. HOLDING OVER: Should Tenant hold over the Premises after the term of
this Lease, he will be a Tenant by sufferance from day to day, with a rental of
120% of the then current daily rental rate unless Landlord shall consent in
writing to a different tenancy.
29. INSURANCE: Tenant agrees to and shall secure from a responsible
company or companies doing insurance business in the State of California, and
maintain during the entire term of this Lease, public liability insurance in the
minimum amount of One Million Dollars and 00/100 ($1,000,000.00) and fire and
extended coverage insurance upon Tenant's personal property in an amount
sufficient to cover all losses. Tenant agrees that Landlord shall be named as
an additional insured on the aforementioned policies of insurance. On securing
said coverage the Tenant shall deliver to Landlord a copy of the appropriate
policies, or certificates of said insurance, which shall provide that same shall
not be cancelled without ten (10) days' prior written notice to Landlord.
30. INTEREST ON MONETARY OBLIGATION: All monetary obligations of Tenant
to Landlord under this Lease shall carry nine percent (9%) interest per annum
from the due date until paid.
31. TIME OF ESSENCE: Time is of the essence of this Lease.
32. CONDITION: Each term of this Lease shall constitute a condition.
33. NOTICES: Notices shall be deemed served upon Tenant when left at the
Premises or mailed, postage prepaid, addressed to Tenant at 0000 Xxxxxxxx
Xxxxxx, Xxxxx 000, Xxx Xxxx, Xxxxxxxxxx 00000.
34. LANDLORD DEFAULT: In the event of any default by the Landlord
hereunder Tenant agrees to give notice of such default, by registered mail, to
the holder of any first deed of trust covering the demised premises and to said
holder a reasonable opportunity to cure such default on Landlords behalf.
35. WAIVER: No waiver, benefit, privilege, or service, voluntarily
granted or performed by Landlord to or for Tenant, or any other tenant in the
Building shall be construed to vest any contractual right in Tenant by custom,
estoppel, or otherwise. No waiver by Landlord of a default by Tenant under this
Lease shall constitute a waiver of a subsequent default and after a waiver,
expressed or implied, no notice need be given that strict compliance in the
future will be required.
36. ATTORNEY'S FEES: In any action or proceeding between Landlord and
Tenant the prevailing party shall be awarded costs and attorney's fees.
37. PARTIAL INVALIDITY: No partial invalidity of this Lease shall affect
the remainder.
38. HEADINGS: Headings shall not limit or affect any paragraph in this
Lease.
39. ENTIRE AGREEMENT: This Lease contains the complete agreement between
Landlord and Tenant and no supplement, amendment, or other commitment will be
binding unless in writing and signed by the Irrigated party, except that Tenant
shall be bound, without signature, to all supplements and amendments to the
rules and regulations hereafter adopted by Landlord in accordance with Paragraph
24.
Executed on ___________________, 1996, at the Xxxxxxx Office Park.
LESSEE: LESSOR:
A & R MATERIALS, INC. XXXXXXX OFFICE PARK
BY: _____________________________ BY: ________________________________
Xxxxx X. Xxxxxxxxx Xxxxx Xxxxxxx BY: Xxxxx Xxxxxxxx
ATTORNEY IN FACT
TITLE: __________________________
DATE: __________________________ DATE: _____________________________
ADDENDUM
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This lease addendum is attached hereto and becomes a part hereof, that certain
lease agreement commencing February 1, 1996, by and between A & R MATERIALS,
INC. as Lessee, and XXXXXXX OFFICE PARK, as Lessor, for property located at 0000
Xxxxxxxx Xxxxxx, Xxxxx 000, Xxx Xxxx, Xxxxxxxxxx:
It is agreed between Lessee and Lessor-.
1) RENT SCHEDULE:
February, 1996 - January, 1997 $2,306,00
February, 1997 - January, 1998 CPI**
**On the anniversary of the commencement date of this lease,
the rent shall be increased according to the then current
Consumer Price Index (CPI) for the preceding twelve months for
the San Francisco, Oakland and San Xxxx area published by the
U.S. Department of Labor.
Said increase shall not be less that 4%, or more than 7%.
Therefore, If the then current CPI reflects 2%, the increase
shall be 4%, and if the CPI reflects 12%, the 'increase shall
be 7%.
2) All other terms and conditions to remain the same and in full force
and effect.
LESSEE LESSOR
A & R MATERIALS, INC. XXXXXXX OFFICE PARK
BY: __________________________ BY: _____________________________
Xxxxx X. Xxxxxxxxx Xxxxx Xxxxxxx By:
Xxxxx Xxxxxxxx
ATTORNEY IN FACT
TITLE: __________________________
DATE: __________________________ DATE: ___________________________
SERVICE: The landlord will furnish services as follows: Heat, electric
service, janitorial service, water, and air conditioning at the Landlord's
expense. Air conditioning will be supplied during the season when needed in the
normal business week. Monday through Friday from 8:00 a.m. to 6:00 p.m.
RULES AND REGULATIONS
The Tenant agrees to abide by the following rules and regulations:
1. The sidewalks, entrances, passages, courts, elevators, vestibules, stair-
ways, corridors, and halls shall not be obstructed or encumbered by any
Tenant or used for any purpose other than ingress and egress to and from
the demised premises.
2. No awnings of other projections shall be attached to the outside walls of
the building without the prior written consent of the landlord. No
curtains, blinds shades, or screens shall be attached to or hung in, or
used in connection with, any window or door of the demised premises,
without the prior written consent of the landlord, such awnings,
projections, curtains, blinds, shades, screens, or other fixtures must be
of a quality, type design, and color, and attached in the manner approved
by the Landlord.
3. No sign, advertisement, notice, or other lettering shall be exhibited,
inscribed, painted, or affixed by the Tenant on any part of the outside or
inside of the demised premises or building without the prior written
consent of the Landlord. In the event of the violation of the foregoing, by
any Tenant, Landlord may remove same without any liability, and may charge
the expense incurred by such removal to the Tenant or Tenants violating
this rule. Interior sign on doors and directory tablet shall be inscribed,
painted, or affixed at the expense of the Tenant, and shall be of a size,
color, and style acceptable to the Landlord.
4. The utility sinks and other plumbing fixtures shall not be used for any
purposes other than those for which they were constructed and no sweepings,
rubbish, rags, or other substances shall be thrown therein. All damages
resulting from any misuse of the fixtures shall be borne by the Tenant who,
or whose servants, employees, agents, visitors, or licensees shall have
caused the same.
5. No Tenant shall xxxx, paint, drill into, or in any way deface any part of
the demised premises of the building of which they form a part. No boring,
cutting or stringing of wires shall be permitted, except with the prior
written consent of the Landlord, and as it may direct.
6. No bicycles, vehicles, or animals of any kind shall be brought into or kept
in or about the premises, and no cooking shall be done or permitted by any
Tenant on said premises. No Tenant shall cause or permit any unusual or
objectional odors to be produced upon or permeate from the demised
premises.
7. No Tenant shall make, or permit to be made, any unseemly or disturbing
noises or disturb or interfere with occupants of this neighboring buildings
or premises or those having business with them, whether by the use of any
musical instrument, radio, talking machine, unmusical noise, whistling,
singing or in any other way.
8. In the event of the loss of any keys furnished by the Landlord, Tenant
shall pay to the Landlord the cost thereof.
9. All removals, or the carrying in or out of any safes, freight, furniture,
or bulky matter of any description must take place during the hours which
the Landlord or its agent may determined from time to time. The Landlord
reserves the right to prescribe the weight and position of all safes, which
must be placed upon 2-inch-thick plank strips to distribute the weight. The
moving of safes or other fixtures or bulky matter of any kind must be made
after previous notice to the Manager of the building. Any damage done to
the building or to the tenants or to other persons in bringing in removing
safes, furniture, or other bulky or heavy articles shall be paid for by
Tenant.
10. No Tenant shall occupy or permit any portion of the premises demised to him
to be used for manufacturing or for the possession, storage, manufacturer,
or sale of liquor or narcotics, or as a xxxxxx or manicure shop, or as an
employment
bureau. No Tenant shall engage or pay any employees on the demised
premises, except those actually working for such Tenant on said premises,
nor advertise for laborers giving an address at said premises.
11. Each Tenant, before leaving the said premises at any time, shall see that
all windows, sliding doors, and hall doors are securely locked, and that
all front and rear doors are locked after 6PM.
12. The premises shall not be used for gambling, lodging, or sleeping or for
any immoral or illegal purposes.
13. The requirements of Tenants will be attended to only upon application at
the office of the building. Landlord's employees shall not perform any work
or do anything outside of the regular duties, unless under special
instructions from the office of the Landlord.
14. canvassing, soliciting, and peddling in the building are prohibited, and
each Tenant shall cooperate to prevent the same.
15. Tenants or tenants' guests shall park between designated parking lines
only, and shall not occupy two parking spaces with one car. Vehicles in
violation of the above shall be subject to tow away, contact San Xxxx
Police at 277-4000 or Xxxxxxxx Towing at 294-3102.
16. Vehicles parked on premises in excess of fifteen (15) days without prior
written consent of the Landlord shall be deemed abandoned and subject to
tow away.
17. Tenant is furnished with two keys for each outside entry door, but is
responsible for providing extra keys to employees. Tenant is also
responsible for any lock changes due to employee turnover.
