Exhibit 10.26
September 21, 1994
Mr. Xxxxx Xxxxxxxx, Chairman
Xx. Xxxxx Xxxxxxx, President
FluoroScan Imaging Systems, Inc.
000 X Xxxxxxx Xxxxx
Xxxxxxxxxx, Xxxxxxxx 00000
Dear Xxxxx and Xxxxx:
This letter will act as an addendum to the Lease between FluoroScan Imaging
Systems, Inc. (and its' predecessor HealthMate, Inc.) and Margen Management
Company for the premises at 000 X Xxxxxxx Xxxxx, Xxxxxxxxxx, Xx. dated February
8, 1989. The following items, with our mutual approvals, can simply be attached
to the existing Lease.
Term: March 1, 1995 -- February 28, 1997
Monthly Rent Schedule:
3/1/95 - 2/28/96 $7,007.77 Per Month
3/1/96 - 2/28/97 $7,218.00 Per Month
FluoroScan Imaging Systems, Inc. shall have the first right of refusal on any
contiguous space as it becomes available.
Except as otherwise stated herein, all terms and conditions of the original
Lease dated February 8, 1989 shall continue to remain in force and effect
throughout the term of this Lease extension.
Please indicate your acceptance and approval of the foregoing by signing and
dating this addendum. This letter shall then constitute a binding Lease
pursuant to the terms and conditions herein set forth.
Sincerely,
MARGEN MANAGEMENT COMPANY
/s/Xxxxxxx X. Xxxxxxxx
----------------------
Xxxxxxx X. Xxxxxxxx
President
Accepted by: /s/ Xxxxx Xxxxxxx
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FluoroScan Imaging System, Inc.
President
Date: 9/18/94
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March 5, 1990
Mr. Xxxxx Xxxxxxxx - Chairman
Xx. Xxxxx Xxxxxxx - President
HealthMate, Inc.
000X Xxxxxxx Xxxxx
Xxxxxxxxxx, Xxxxxxxx 00000
Dear Xxxxx and Xxxxx:
This letter will act as an addendum to the Lease for (13,412 Sq. Ft.) 650B
Xxxxxxx Trail between Margen Management Co. and HealthMate, Inc. dated February
8, 1989. The following items, with our mutual approvals, can simply be attached
to the existing lease.
Term: Five years commencing on March 1, 1990 and expiring on February 28, 1995.
Monthly Rent Schedule:
3/1/90 - 8/31/90 $5,000.00 Per Month
9/1/90 - 2/28/91 $5,500.00 Per Month
3/1/91 - 8/31/91 $6,000.00 Per Month
9/1/91 - 8/31/92 $6,236.58 Per Month
9/1/92 - 8/31/93 $6,486.02 Per Month
9/1/93 - 8/31/94 $6,739.53 Per Month
9/1/94 - 2/28/95 $7,007.77 Per Month
Additional Work:
Installation by landlord of 2 new outside windows (Approx. size 3' x 6') in west
front office. Cost is to be split between the tenant and landlord. Tenants
share will not exceed $1,700.00. Payment is due upon completion of work and
presentation of contractors invoice.
Front office ceiling tiles to be repositioned to tenants satisfaction.
Landlord will provide a $200.00 allowance for an electric opener for van door.
/s/ /s/
----------------------------------- -----------------------------------
X. Xxxxxxxx X. Xxxxxxx
/s/
-----------------------------------
X. Xxxxxxxx
Future construction: Landlord hereby grants tenant, at tenant's expense,
permission to construct additional offices and work areas including,
flooring and lighting in accordance with local zoning and building
codes of the Village of Northbrook.
Except as otherwise stated herein, all terms and conditions of the Lease shall
continue to remain in force and effect throughout the five year period of this
addendum.
Please indicate your acceptance and approval of the foregoing by the signing and
dating of this letter. This letter shall constitute a binding lease pursuant to
the terms and conditions herein set forth.
Sincerely yours,
Margen Management Co.
Xxxxxxx X. Xxxxxxxx
Vice President
ACCEPTED BY: HealthMate, Inc.
/s/
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Xxxxx Xxxxxxxx, Chairman Date
/s/
------------------------------- ----------------------
Xxxxx Xxxxxxx, President Date
CC: Xxxxxxx Xxxxxxxxx
RP/pg
SUMMARY OF BASIC LEASE PROVISIONS
---------------------------------
A. Building and address:
HARBOR INDUSTRIAL
000 X XXXXXXX XXXXX
XXXXXXXXXX, XXXXXXXX 00000
B. Landlord and Current Address:
Margen Management Co.,
X.X. Xxxxxxx
000 Xxxxxxx Xxxxx
Xxxxxxxxxx, Xxxxxxxx 00000
C. Rent Payable to:
_______________________
c/o Margen Management
Co. - X.X. Xxxxxxx
000 Xxxxxxx Xxxxx
Xxxxxxxxxx, Xxxxxxxx 00000
X. Xxxxxx and Current Address:
HealthMate Inc.
0000 XxXxxxxx
Xxxxxxxxxx, XX 00000
E. Date of Lease: February 8, 1989
F. Lease Term: 36 1/2 Months
G. Commencement Date of Term February 11, 1989
H. Expiration Date of Term: February 28, 1992
I. Monthly Rent (Initial): $4,750.00
J. Square Footage Applicable to Premises 13,412 Sq. Ft.
K. Square Footage of the Building 97,841 Sq. Ft.
Stops: R.E. Taxes $1.00 per Sq. Ft.
Operating Expenses $0.10 per Sq. Ft.
L. Adjustment Lease Term: Prior Year
M. Tenant's Proratable Share of Building 13.71%
N. Amount of Security Deposit (1 month) $4,750.00
O. Space/Premises Address 650 B
P. Specified Use of Premises: Assembly of Medical Equipment
Q. H.V.A.C. Filter Change Service: Tenant's Responsibility
R. Fire Alarm Service by Landlord: Total System by Landlord: Individual
Premises by Tenant if
so desired.
S. Guarantor(s) an Current Address: ______________________
______________________
______________________
T. Option to Renew: ______________________
MARGEN MANAGEMENT COMPANY
COMMERCIAL LEASE AGREEMENT
THIS LEASE is made this 8th day of February, 1989, by and between:
LANDLORD: HARBOR INDUSTRIAL PLAZA as agent for the Beneficiaries
of American National Bank and Trust Company of
Chicago Trust No. 42683 dated April 28, 1978
c/o Margen Management Co.
000 Xxxxxxx Xxxxx
Xxxxxxxxxx, Xxxxxxxx 00000
Attention: Xxxxxx X. Xxxxxxx
TENANT: HealthMate Inc.
Address: 000 X. Xxxxxxx Xxxxx
Xxxxxxxxxx, XX 00000
who hereby mutually covenant and agree as follows:
1. GRANT: Landlord for and in consideration of the rents herein reserved and
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of the covenants and agreements herein contained on the part of Tenant to be
performed, hereby leases to Tenant, and Tenant hereby lets from Landlord,
premises consisting of approximately 13,412 square feet, commonly known as Space
No. B (the "Premises") in the building located at 000 Xxxxxxx Xxxxx, Xxxxxxxxxx,
Xxxxxxxx (the "Building"), being the real estate legally described on Exhibit
"A" attached hereto (the "Real Estate"), which Premises are outlined on the site
plan attached hereto as Exhibit "A".
2. TERM: The Term of this Lease shall commence on February 11, 1989, (the
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"Commencement Date") and shall expire on February 28, 1992 (the "Expiration
Date"), unless sooner terminated as herein set forth.
3. TENANT'S PRO RATA SHARE: As used in this Lease, Tenant's Pro Rata Share
-----------------------
shall be 13.71%.
4. RENT:
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(a) Xxxxxx agrees to pay monthly as base rental (the "Base Rental") during the
first twelve months of the Term of this Lease the sum of ($4,750.00), which
amount shall be payable to Landlord at the address shown above on the first day
of each month. The Base Rental for each successive twelve (12) month period
during the Term of this Lease shall increase as follows:
MONTHLY RENTAL SCHEDULE February 11, 1989 February 28, 1989 0 Rent
March 1, 1989 February 28, 1990 $4,750.00
March 1, 1990 February 28, 1991 $6,985.42
March 1, 1991 February 28, 1992 $7,264.83
One monthly installment of Base Rental shall be due and payable on March 1, 1989
by Tenant for the first month's Base Rental and a like monthly installment shall
be due and payable on or before the first day of each calendar month succeeding
the "Commencement Date" during the demise Term; provided, that if the
Commencement Date should be a date other than the first day of a calendar month,
the monthly rental set forth above shall be pro rated to the end of that
calendar month, and all succeeding installments of rent shall be payable on or
before the first day of each succeeding calendar month during the Term. Tenant
shall pay, as additional rental, all other sums due under this Lease.
(b) Xxxxxx agrees to pay Landlord as additional rental Tenant's Pro Rata Share
of (i) the Real Estate Taxes (as defined below) for the Property in excess of
$1.00/square foot and (ii) the Operating Expenses (as defined below) for the
Building in excess of the sum of $.10 per square foot. Landlord shall, within
nine months following determination such sums for which additional rental is due
under this paragraph, invoice Tenant for the additional rental. The invoice
shall include in reasonable detail all computations of the additional rental,
and Xxxxxx agrees to pay the additional rental within ten days following receipt
of such invoice. If the Expiration Date is other than the last day of a
calendar year, the amount of any additional rental payable by Tenant applicable
to the year in which the Expiration Date shall occur shall be prorated on the
ratio that the number of days from the commencement of such year to and
including the Expiration Date bears to 365. If at any time during the Term of
this Lease, Landlord has reason to believe the per square foot Operating
Expenses for the calendar year will exceed the sum set forth above, Landlord may
direct Tenant to prepay monthly one-twelfth of an amount equal to the additional
rental paid for such item in the previous year. If the invoice delivered in
accordance with this subparagraph 4(b) shows an amount owing by Tenant that is
less than the sum of the monthly payments made by Tenant in the previous
calendar year , Landlord may elect to apply such excess payment toward an
additional rental due in the current year or to refund the excess to Tenant. If
such invoice shows an amount owing by Tenant which is more than the sum of the
monthly payments made by Tenant in the previous calendar year, Tenant shall pay
such deficiency to Landlord within ten (10) days after receipt of the invoice.
During the year in which this Lease terminate Landlord shall have the option to
invoice Tenant for Tenant's Pro Rata Share of the excess Real Estate Taxes
and/or Operating Expenses based upon the previous year's Real Estate Taxes
and/or Operating Expenses; Landlord shall invoice Tenant under this option
within thirty (30) days prior to the termination of the Lease or at any time
thereafter. Tenant shall have the right, at its own expense and at a reasonable
time, to audit Landlord's books relevant to the additional rentals due under
this paragraph.
The term "Operating Expenses" as used herein includes all expenses incurred with
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respect to the maintenance and operation of the Building and/or the Property
including, but not limited to, maintenance and repair costs, sewer, security,
trash and snow removal, landscaping, utility bills repairs, maintenance, or
other expenses for maintaining and operating the Building including the
common area and parking area maintenance, and all insurance premiums Landlord is
required to pay or deems necessary to pay, including public liability insurance,
with respect to the Building. The term "Operating Expenses" does not include any
capital improvement to the Building nor shall it include repairs, restoration or
other work occasioned by fire, windstorm or other casualty, income and franchise
taxes of Landlord, expenses incurred in leasing to or procuring of tenants,
leasing commissions, advertising expenses, expenses for the renovating space for
new tenants, interest or principal payments on any mortgage or other
indebtedness of Landlord, compensation paid to any employee of Landlord for any
depreciation allowance or expense.
The term "Real Estate Taxes" as used above includes any and all federal, state
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and local governmental taxes, assessments and charges of every kind and nature
whatsoever, whether general, special, ordinary or extraordinary which Landlord
shall pay or become obligated to pay in connection with or because of ownership,
leasing, management, control or operation of the Building and/or the Property
and all other matters with respect thereto, including but not limited to
attorney's fees, appraisal charges, and all other costs and expenses incurred by
Landlord in seeking a reduction of the Real Estate Taxes.
(c) If any increase in the fire insurance premiums paid by Landlord for the
Building is caused by Tenant's use and occupancy of the Premises, or if Tenant
vacates the Premises and causes an increase in such premiums, then Tenant shall
pay as additional rental the amount of such increases to Landlord.
(d) Other remedies for nonpayment of rent notwithstanding, if the monthly
rental payment is not received by Landlord on or before the 7th day of the month
for which rent is due, or if any other payment due from Tenant is not received
by Landlord on or before the 7th day of the month next following the month in
which Tenant was invoiced, a service charge of five per cent (5%) of such past
due amount shall become due and payable in addition to such amounts owed under
this Lease. Tenant's duty to pay base rental, additional rental or any other
sums due hereunder shall survive termination of this Lease by lapse of time or
otherwise.
(e) No payment by Tenant or receipt by Landlord of a lesser amount than any
installment or payment of Rent due shall be deemed to be other than on account
of the amount due, and no endorsement or statement on any check or any letter
accompanying any check or payment of Rent shall be deemed in accord and
satisfaction, and Landlord may accept such check or payment without prejudice to
Landlord's right to recover the balance of such installment or payment of Rent
or pursue any other remedies available to Landlord. No receipt of money by
Landlord from Tenant after the termination of this Lease or Tenant's right of
possession of the Premises shall reinstate, continue or extend the Term.
5. SECURITY DEPOSIT: On the date of execution of this Lease by Xxxxxx, there
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shall be due and payable by Tenant a Security Deposit in an amount equal to one
monthly Rental installments in the amount due during the last year of this Lease
to be held for the performance by Tenant of Tenant's covenants and obligations
under this Lease, it being expressly understood that the deposit shall not be
considered an advance payment of rental nor a measure of Landlord's damage in
case of default by Xxxxxx. Upon the occurrence of an event of default by Tenant
or
breach by Tenant of Tenant's covenants under this Lease, Landlord may, from
time to time, without prejudice to any other remedy, use the Security Deposit to
the extent necessary to make good any arrears of rent and/or damage, injury,
expense or liability caused to Landlord thereby and Tenant shall promptly
reimburse Landlord such amount. If Tenant has fully performed this Lease, any
remaining balance of the Security Deposit shall be returned by Landlord to
Tenant upon termination of this Lease. Landlord shall not pay interest on the
Security Deposit. Landlord may commingle the Security Deposit with other funds.
Amount of Security Deposit $4,750.00.
6. SIGNS: Tenant shall not exhibit, inscribe, paint or affix any sign on the
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exterior of the Building or the Property. Tenant may letter paint a sign on the
glass panel of the front entry door or the glass window adjacent to the entry
front door. All signage must have the consent of the Landlord prior to
installation and such consent shall not be unreasonably withheld. Landlord, in
addition to its other remedies available hereunder, may remove such sign without
any liability to Tenant and Tenant shall reimburse Landlord for the cost of such
removal immediately upon demand therefor. If Landlord installs a building
directory, Tenant shall advise Landlord of name it desires and reimburse
Landlord for costs only of Tenant's sign.
7. USAGE: Tenant warrants and represents to Landlord that the Premises shall
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be used and occupied only for the purpose of assembly of medical equipment.
Tenant shall occupy the Premises, conduct its business and control its agents,
employees, invitees and visitors in such a manner as is lawful, reputable and
will not create any nuisance or otherwise interfere with, annoy or disturb any
other tenant in its normal business operations or Landlord in its management of
the building. Tenant shall not commit, or suffer to be committed, any waste on
the Premises, nor shall Tenant permit the Premises to be used in any way which
would, in the opinion of Landlord, be extra hazardous on account of fire or
otherwise which would in any way increase or render void the fire insurance on
the Premises or contents of the building.
8. SERVICES: Tenant at its sole cost and expense, shall pay all charges for
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gas, water (only if necessary) and electricity used by Tenant and during the
term of this Lease. Gas and electric meters will be provided for tenant's
premises.
9. HOUSEKEEPING: Tenant will instruct its employees to cooperate and keep
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the common areas in an orderly manner. The Tenant will be responsible for any
nuisance caused by its employees, contractors, invitees, licensees or visitors.
10. REPAIRS AND MAINTENANCE.
-----------------------
(a) Unless otherwise expressly provided, Landlord shall not be required to
make any improvements, replacements or repairs of any kind or character to the
Premises during the Term of this Lease. Landlord shall maintain only the roof,
foundation, parking area, landscaped areas, and the structural soundness of the
exterior walls (excluding all exterior glass and overhead doors, if any) of the
Building in good repair and condition except for reasonable wear and tear.
Xxxxxxxx's cost of maintaining the items set forth in this subparagraph are
subject to the additional rental provisions in paragraph 4. Tenant shall repair
and pay for any damage caused
by the negligence or default of Tenant or Tenant's agents, employees, invitees,
licensees or visitors. Landlord shall not be liable to Tenant, except as
expressly provided in this Lease, for any damage or inconvenience, and Tenant
shall not be entitled to any abatement or reduction of rent by reason of any
repairs, alterations or additions made by Landlord under this Lease. Tenant
shall at its own costs and expense, maintain all other parts of the Premises and
other improvements on the Premises in good repair and condition including all
necessary replacements, particularly, plumbing, electrical heating and air
conditioning equipment.
(b) Tenant shall, at its own cost and expense, repair or replace any damage or
injury to all or any part of the Premises or the dock or other common areas
caused by Tenant or Tenant's agents, employees, invitees, licensees or visitors;
provided, however, if Tenant fails to make the repairs or replacements promptly,
Landlord may, at its option, make the repairs or replacements and the cost of
such repairs or replacements shall be charged to Tenant as additional rental and
shall become payable by Tenant with the payment of the rental next due
hereunder. Tenant's duty under this paragraph shall survive termination of this
Lease by lapse of time or otherwise.
(c) Tenant shall not allow any damages to be committed on any portion of the
Premises, and at the termination of this Lease, by lapse of time or otherwise,
Tenant shall deliver the Premises to Landlord in as good condition as existed at
the Commencement Date, ordinary wear and tear excepted. The cost and expense of
any repairs necessary to restore the condition of the Premises shall be borne by
Tenant, and if Landlord undertakes to restore the Premises it shall have a right
of reimbursement against Tenant.
(d) All requests for repairs or maintenance that are the responsibility of
Landlord pursuant to any provision of this Lease must be made in writing to
Landlord at the address set forth above.
11. COMPLIANCE WITH LAWS, RULES AND REGULATIONS: Tenant, at Tenant's expense,
-------------------------------------------
shall comply with all laws, ordinances, orders, rules and regulations of state,
federal, municipal or other agencies or bodies having jurisdiction relating to
the use, condition and occupancy of the Premises. Tenant will comply with the
rules of the Building adopted by Landlord which are set forth on a schedule
attached to this Lease. Landlord shall have the right at all times to change
the rules and regulations of the Building or to amend them in any reasonable
manner as may be deemed advisable for the safety, care and cleanliness, and for
the preservation of good order, of the Premises. All changes and amendments in
the rules and regulations of the Building will be sent by Landlord to Tenant in
writing and shall therefore be carried out and observed by Xxxxxx.
12. LANDLORD IMPROVEMENTS: If construction to the Premises is to be performed
---------------------
by Landlord prior to Tenant's occupancy, Landlord will commence and/or complete
the construction of the improvements constituting the Premises, including
partitions, in accordance with the floor plan and its specifications agreed to
by the parties and made a part of this Lease by reference. The floor plan shall
be approved and signed by the parties prior to the commencement of construction.
Any changes or modifications to the approved plans and specifications shall be
made and accepted by written change order signed by Landlord and Tenant and
shall constitute an amendment to this Lease. Upon completion of the Premises
and other improvements in
accordance with the plans and specifications, Xxxxxx agrees to execute and
deliver to Landlord a letter accepting delivery of the Premises.
13. ALTERATIONS AND IMPROVEMENTS: Tenant shall not make or allow to be made
----------------------------
any alterations or physical additions in or to the Premises without first
obtaining the written consent of Landlord. Any alterations, physical additions
or improvements to the Premises made by Tenant shall at once become the property
of Landlord and shall be surrendered to Landlord upon the termination of this
Lease. Landlord, at its option, may require Tenant to remove any physical
additions and/or repair any alterations in order to restore the Premises to the
condition existing at the time Tenant took possession, all costs of removal
and/or alterations to be borne by Tenant. This clause shall not apply to
moveable equipment or furniture owned by Tenant which may be removed by Tenant
at the end of the Term of this Lease if Tenant is not then in default and if
such equipment and furniture is not then subject to any other rights, liens and
interests of Landlord.
14. CONDEMNATION:
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(a) If, during the Term of this Lease, all or a substantial part of the
Building or the Premises are taken for any public or quasi-public use under any
governmental law, ordinance or regulation, or by right of eminent domain or by
purchase in lieu thereof, and the taking would prevent or materially interfere
with the use of the Premises for the purpose for which they are then being used,
this Lease shall terminate and the rent shall be abated during the unexpired
portion of this Lease effective on the date physical possession is taken by the
condemning authority. Tenant shall have no claim to the condemnation award.
(b) In the event a portion of the Building or the Premises shall be taken for
any public or quasi-public use under any governmental law, ordinance or
regulation, or by right of eminent domain or by purchase in lieu thereof, and
this Lease is not terminated as provided in subparagraph (a) above, the base
rental payment under this Lease during the unexpired portion of the Term shall
be adjusted to such an extent as may be fair and reasonable under the
circumstances. Tenant shall have no claim to the condemnation award.
15. FIRE AND CASUALTY:
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(a) If the Premises should be totally destroyed by fire or other casualty, or
if the Premises should be so damaged so that rebuilding cannot reasonably be
completed with one hundred eighty (180) working days after the date of written
notification by Tenant to Landlord of the destruction, this Lease shall
terminate and the rent shall be abated for the unexpired portion of the Lease,
effective as of the date of the written notification.
(b) If the Premises or the Building should be partially damaged by fire or
other casualty, and rebuilding or repairs can reasonably be completed within one
hundred eighty (180) working days from the date of written notification by
Tenant to Landlord of the destruction, this Lease shall not terminate, but
Landlord may at its sole risk and expense proceed with reasonable diligence to
rebuild or repair the Building or other improvements to substantially the same
condition in which
they existed prior to the damage. If the Premises are to be rebuilt or repaired
and are untenantable in whole or in part following the damage, and provided the
damage or destruction was not caused or contributed to by act, failure to act or
negligence of Tenant, its agents, employees, invitees or those for whom Tenant
is responsible, the rent payable under this Lease during the period for which
the Premises are untenantable shall be adjusted to such an extent as may be fair
and reasonable under the circumstances. In the event that Landlord fails to
complete the necessary repairs or rebuilding within one hundred eighty (180)
working days from the date of written notification by Tenant to Landlord of the
destruction, Tenant may at its option terminate this Lease by delivering written
notice of termination to Landlord, whereupon all rights and obligations under
this Lease shall cease to exist.
16. INSURANCE: (a) At all times subsequent to Tenant's taking possession of
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the Premises, Tenant shall, at its sole cost and expense maintain:
(i) Comprehensive General Public Liability Insurance against claims for
personal injury, death or property damage occurring in connection with the use
and occupancy of the Premises, naming Tenant and Trustee and its beneficiaries
and the management of the Building as the named insurers, such insurance to
afford protection to the limit of not less than Five Hundred Thousand Dollars
($500,000.00) in respect to injury or death of a single person and to the limit
of not less than One Million Dollars ($1,000,000.00) in respect to any one
accident, and to the limit of not less than One Hundred Thousand Dollars
($100,000.00) in respect to property damage.
(ii) Steam Boiler Insurance on all steam boilers, pressure tanks and
other such apparatus, if any, as shall from time to time be installed by Tenant
on the Premises, in such amount as Landlord may from time to time reasonably
require.
(iii) Worker's Compensation Insurance shall be maintained at all times
when any work is in process in connection with any change or alteration being
made by Tenant and Tenant shall maintain or hire only such contractors who
maintain Worker's Compensation Insurance covering all persons employed in
connection within the work and with respect to whom death or bodily injury
claims could be asserted against Landlord, the Trustee or its beneficiaries, as
well as Tenant or the Premises.
(iv) Fire and Extended Coverage Insurance (contents broad form) on
Tenant's personal property located in the Premises in amounts reasonably deemed
adequate by Tenant to fully insure such personal property.
(b) With respect to policies which Xxxxxx is required to procure and maintain
hereunder:
(i) Each such policy shall contain an agreement or endorsement that it
will not be canceled by insurer without at least thirty (30) days' prior written
notice to Landlord.
(ii) Each such policy, or a certification therefor issued by insurer
thereunder, shall be deposited by Tenant with Landlord.
(iii) If Tenant furnishes any insurance in the form of a blanket policy,
it will furnish satisfactory proof that such blanket policy complies in all
respects with the provisions of this Lease, and that the coverage thereunder is
at least equal to the coverage which would be provided under a separate policy
covering only the Premises.
(iv) Each such policy shall be issued by insurers of recognized
responsibility licensed to do business in Illinois.
(v) Not less than thirty (30) days prior to the expiration date of any
such policy, Tenant will furnish Landlord with a new policy or certificate
therefor or a renewal thereof in substitution of the expiring policy.
(vi) Tenant will not do, suffer or permit any act or omission, whether
upon the Premises or otherwise, which might or would void or impair the
obligation of such policy or insurance.
(c) Landlord agrees to maintain for the Building in force during the Term:
(i) Comprehensive General Liability Insurance on an occurrence basis with
minimum limits of liability in an amount of Five Hundred Thousand Dollars
($500,000) for bodily injury, personal injury or death to any one person and One
Million Dollars ($1,000,000) for bodily injury, personal injury or death to more
than one person and One Hundred Thousand Dollars ($100,000) with respect to
damage to property, including water and sprinkler damage to the Building; and
(ii) Fire Insurance, with extended coverage and vandalism and malicious mischief
endorsements, in an amount adequate to cover at least eighty percent (80%) of
the replacement value of the Building.
(d) Each party shall cause each insurance policy obtained by it to provide
that the insurance company waives all right of recovery by way of subrogation
against either party in connection with any damage covered by any policy.
Neither party shall be liable to the other for any damage caused by fire or any
of the risks insured against under any insurance policy required by this Lease.
If any insurance policy cannot be obtained with a waiver of subrogation, or is
obtainable only by the payment of an additional premium charge above that
charged by insurance companies issuing policies without waiver of subrogation,
the party undertaking to obtain the insurance shall notify the other party of
this fact. The other party shall have a period of ten (10) days after receiving
the notice either to place the insurance with a company that is reasonably
satisfactory to the other party and that will carry the insurance with a waiver
of subrogation, or to agree to pay the additional premium if such a policy is
obtainable at additional cost. If the insurance cannot be obtained or the party
in whose favor a waiver of subrogation is desired refuses to pay the additional
premium charged, the other party is relieved of the obligation to obtain a
waiver of subrogation rights with respect to the particular insurance involved.
17. HOLD HARMLESS: Landlord shall not be liable to Tenant's employees,
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agents, invitees, licensees or visitors, or to any other person, for any injury
to person or damage to property on or about the Property caused by the
negligence or misconduct of its agents, servants
or employees, or of any other person entering upon the Property under express or
implied invitation by Xxxxxx, or caused by the Building and improvements located
on the Property becoming out of repair, or caused by leakage of gas, oil, water
or steam or by electricity emanating from the Building. Xxxxxx agrees to
indemnify and hold harmless Landlord of and from any loss, attorney's fees,
expenses or claims arising out of any such damage or injury.
18. QUIET ENJOYMENT: Landlord warrants that it has full right to execute and
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to perform this Lease and to grant the estate demised and that Tenant, upon
payment of the required rents and performing the terms, conditions, covenants
and agreements contained in this Lease, shall peaceably and quietly have, hold
and enjoy the premises during the full Term of this Lease as well as any
extension or renewal thereof. Landlord shall not be responsible for the acts or
omissions of any other tenant or third party that may interfere with Xxxxxx's
use and enjoyment of the Premises.
19. LANDLORD'S RIGHT OF ENTRY: Landlord shall have the right, at all
-------------------------
reasonable hours, to enter the Premises for the following reasons: inspection,
making repairs; making alterations or additions as Landlord may deem necessary
or desirable; determining Tenant's use of the Premises; determining if an act of
default under this Lease has occurred; and to show the Premises to prospective
tenants or purchasers of the Property.
20. ASSIGNMENT OR SUBLEASE: Landlord shall have the right to transfer and
----------------------
assign, in whole or in part, its rights and obligations in the Building and the
Property. Tenant shall not assign this Lease or sublet all or any part of the
Premises without the prior written Consent of Landlord. In addition, Landlord
shall have the option, upon receipt from Tenant of written request for
Landlord's consent to subletting or assignment, to cancel this Lease as of the
date the requested subletting or assignment is to be effective by delivering
written notice of such exercise within twenty (20) days. In the event of any
assignment or subletting, Tenant shall nevertheless at all times remain fully
responsible and liable for the payment of the rent and for compliance with all
of its other obligations under the terms, provisions and covenants of this
Lease. Upon the occurrence of an "event of default" as defined below, if all or
any part of the Premises are then assigned or sublet, Landlord, in addition to
any other remedies provided by this Lease or provided by law, may, at its
option, collect directly from the assignee or sublessee all rents becoming due
to Tenant by reason of the assignment or sublease, and Landlord shall have a
security interest in all properties on the Premises to secure payment of such
sums. Any collection directly by Landlord from the assignee or sublessee shall
not be construed to constitute a notation or a release of Tenant from the
further performance of its obligations under this Lease.
21. LANDLORD'S LIEN: As security for payment of rent, damages and all other
---------------
payments required to be made by this Lease, Tenant hereby grants to Landlord a
lien upon all property of Tenant now or subsequently located upon the Premises.
If Tenant abandons or vacates any substantial portion of the Premises or is in
default in the payment of any rentals, damages or other payments required to be
made by this Lease or is in default of any other provision of this Lease,
Landlord may enter upon the Premises, by picking or changing locks if necessary,
and take possession of all or any part of the personal property, and may sell
all or any part of the
personal property at a public or private sale, in one or successive sales, with
or without notice, to the highest bidder for cash, and, on behalf of Tenant,
sell and convey all or part of the personal property to the highest bidder,
delivering to the highest bidder all of Tenant's title and interest in the
personal property sold to him. The proceeds of the sale of the personal property
shall be applied by Landlord toward the reasonable costs and expenses of the
sale, including attorney's fees, and then toward the payment for all sums then
due by Tenant to Landlord under the terms of this Lease; any excess remaining
shall be paid to Tenant or any other person entitled thereto by law.
22. UNIFORM COMMERCIAL CODE OF ILLINOIS: This Lease is intended as and
-----------------------------------
constitutes a security agreement within the meaning of the Uniform Commercial
Code of the State of Illinois and Landlord, in addition to the rights prescribed
in this Lease, shall have all of the rights, titles, liens and interests in and
to Tenant's property now or hereafter located upon the Premises which are
granted a secured party, as that term is defined, under the Uniform Commercial
Code to secure the payment to Landlord of the various amounts provided in this
Lease. Tenant will on request execute and deliver to Landlord a financial
statement for the purpose of perfecting Landlord's security interest under this
Lease or Landlord may file this Lease or a copy thereof as a financial
statement.
23. DEFAULT BY TENANT: The following shall be deemed to be events of default
-----------------
by Tenant under this Lease:
(a) Tenant shall fail to pay when due any installment of rent or any other
payment required pursuant to this Lease:
(b) Tenant shall vacate or abandon any portion of the Premises;
(c) Tenant shall fail to comply with any term provision or covenant of this
Lease, other than the payment of rent, and the failure is not cured within
thirty (30) days after written notice to Tenant;
(d) Tenant shall file a petition or be adjudged bankrupt or insolvent under
the National Bankruptcy Act, as amended, or any similar law or statute of the
United States or any state; or a receiver or trustee shall be appointed for all
or substantially all of the assets of Tenant; or Tenant shall make a transfer
in fraud of creditors or shall make an assignment for the benefit of creditors;
or
(e) Tenant shall do or permit to be done any act which results in a lien being
filed against the Property or the Building.
24. REMEDIES FOR TENANT'S DEFAULT: Upon the occurrence of any event of
-----------------------------
default, Landlord shall have the option to pursue any one or more of the
following remedies without any notice or demand:
(a) Terminate this Lease, in which event Xxxxxx shall immediately surrender
the Premises to Landlord, and if Xxxxxx fails to surrender the Premises,
Landlord may, without prejudice to any other remedy which it may have for
possession or arrearages in rent, enter upon and take possession of the
Premises, by picking or changing locks if necessary, and lock out, expel, or
remove Tenant and any other person who may be occupying all or any part of the
Premises without being liable for prosecution of any claim for damages. Xxxxxx
agrees to pay on demand the amount of all loss and damage which Landlord may
suffer by reason of the termination of the Lease under this subparagraph,
whether through inability to relet the Premises on satisfactory terms or
otherwise.
(b) Enter upon and take possession of the Premises, by picking or changing
locks if necessary, and lock out, expel or remove Xxxxxx and any other person
who may by occupying all or any part of the Premises without being liable for
any claim for damages, and relet the Premises on behalf of Tenant and receive
directly the rent by reason of the reletting. Xxxxxx agrees to pay Landlord on
demand any deficiency that may arise by reason of any reletting of the Premises;
further, Xxxxxx agrees to reimburse Landlord for any costs or expenses incurred
by it for the reletting of the Premises, including attorneys' fees and broker's
commission.
(c) Enter upon the Premises, by picking or changing locks if necessary,
without being liable for prosecution of any claim for damages, and do whatever
Tenant is obligated to do under the term of this Lease. Xxxxxx agrees to
reimburse Landlord on demand for any expenses which Landlord may incur in
effecting compliance with Tenant's obligations under this Lease; further,
Xxxxxx agrees that Landlord shall not be liable for any damages resulting to
Tenant from effecting compliance with Tenant's obligations under this
subparagraph caused by the negligence of Landlord or otherwise.
25. WAIVER OF DEFAULT OR REMEDY: Failure of Landlord to declare an event of
---------------------------
default immediately upon its occurrence, or delay in taking any action in
connection with an event of default, shall not constitute a waiver of the
default, but Landlord shall have the right to declare the default at any time
and take such action as is lawful or authorized under this Lease. Pursuit of
any one or more of the remedies set forth in paragraph 24 above shall not
preclude pursuit of any one or more of the other remedies provided elsewhere in
this Lease or provided by law, nor shall pursuit of any remedy provided
constitute forfeiture or waiver of any rent or damages accruing to Landlord by
reason of the violation of any of the terms, provisions or covenants of this
Lease. Failure by Landlord to enforce one or more of the remedies provided upon
an event of default shall not be deemed or constitute a waiver of the default or
of any other violation or breach of any of the terms, provisions and covenants
contained in this Lease. Waiver of a default shall not constitute waiver of any
other or further default.
26. ACTS OF GOD: Landlord shall not be required to perform any covenant or
-----------
obligation in this Lease, or be liable in damages to Tenant, so long as the
performance or non-performance of the covenant or obligation is delayed, caused
by or prevented by an act of God or force majeure.
27. ATTORNEY'S FEES: In the event Tenant defaults in the performance of any
----------------
of the terms, covenants, agreements or conditions contained in this Lease and
Landlord places in the
hands of an attorney the enforcement of all or any part of this Lease, the
collection of any rent due or to become due or recovery of the possession of the
Premises, Xxxxxx agrees to pay Landlord reasonable attorney's fees for the
services of the attorney, whether suit is actually filed or not. In no event
shall the attorney's fees be less than fifteen percent (15%) of the outstanding
balance owed by Tenant to Landlord.
28. HOLDING OVER: In the event of holding over by Tenant after the expiration
------------
or termination of this Lease, the hold over shall be as a Tenant at will and all
of the terms and provisions of this Lease shall be applicable during that
period, except that Tenant shall pay Landlord as rental for the period of such
hold over an amount equal to double the rent payable for the month immediately
preceding said holding over, computed on a month to month basis (without
reduction for any partial months). Xxxxxx agrees to vacate and deliver the
Premises to Landlord upon Xxxxxx's receipt of notice from Landlord to vacate.
The rental payable during the hold over period shall be payable to Landlord on
demand. No holding over by Tenant, whether with or without consent of Landlord,
shall operate to extend this Lease except Landlord shall have option to elect to
treat such hold over as a renewal of this Lease for one (1) year on all terms
and conditions herein, which election may be exercised by Landlord at any time
from time to time during a hold over by giving written notice thereof to Tenant.
The provisions of this Paragraph 28 shall not be deemed to limit or exclude any
of Landlord's rights of re-entry or any other right or remedy granted to
Landlord hereunder or by law. In the event Tenant fails to surrender the
Premises upon termination or expiration of this Lease or such month-to-month
tenancy, then Tenant shall indemnify Landlord against all loss, cost, expenses
or liability resulting from any delay of Tenant in not surrendering the
Premises, including, but not limited to, any amounts required to be paid to
third parties who were to have occupied the Premises and any attorney's fees or
broker's commissions related thereto.
29. RIGHTS OF MORTGAGEE: Xxxxxx accepts this Lease subject and subordinate to
-------------------
any recorded mortgage or deed of trust lien presently existing or hereafter
created upon the Premises by Landlord. Xxxxxxxx is hereby irrevocably vested
with full power and authority to subordinate Xxxxxx's interest under this Lease
to any mortgage or deed of trust lien hereafter placed on the Premises, and
Xxxxxx agrees upon demand to execute additional instruments subordinating this
Lease as Landlord may require. If the interests of Landlord under this Lease
shall be transferred by reason of foreclosure or other proceedings for
enforcement of any mortgage or deed of trust on the Premises, Tenant shall be
bound to the transferee (sometimes called the "Purchaser"), at the option of the
Purchaser, under the Terms, covenants and conditions of this Lease for the
balance of the term remaining, and any extensions or renewals, with the same
force and effect as if the Purchaser were Landlord under this Lease, and, if
requested by the Purchaser, Xxxxxx agrees to attorn to the Purchaser, including
the mortgagee under any such mortgage if it be the Purchaser, as its Landlord.
30. ESTOPPEL CERTIFICATE: Tenant agrees to furnish promptly, from time to
--------------------
time, upon request of Landlord or Landlord's mortgagee, a statement certifying,
if applicable, that Tenant is in possession of the Premises; the Premises are
acceptable; the Lease is in full force and effect; the Lease is unmodified;
Xxxxxx claims no present charge, lien, or claim of offset against rent;
the rent is paid for the current month, but is not prepaid for more than one
month and will not be prepaid for more than one month in advance; there is no
existing default by reason of some act or omission by Landlord; and such other
matters as may be reasonably required by Landlord or Xxxxxxxx's mortgagee.
31. SUCCESSORS: This Lease shall be binding upon and inure to the benefit of
----------
Landlord and Xxxxxx and their respective heirs, personal representatives,
successors and assigns. It is hereby covenanted and agreed that should
Xxxxxxxx's interest in the Premises cease to exist for any reason during the
term of this Lease, then notwithstanding the happening of such event this Lease
nevertheless shall remain unimpaired and in full force and effect and Tenant
hereunder agrees to attorn to the then owner of the Premises. If Landlord
sells, assigns or otherwise transfers its interest in the Property, Landlord
shall have the right to transfer the Security Deposit to such purchaser to be
held under the terms of this Lease and, in such event, Landlord shall be
released from all liability for holding or returning the Security Deposit to
Tenant.
32. RENT TAX: If applicable at any time during the Term, Tenant shall pay and
--------
be liable for all rental, sales and use taxes or other similar taxes, if any,
levied or imposed by any city, state, county or other governmental body having
authority, such payments to be in addition to all other payments required to be
paid to Landlord by Tenant under the terms of this Lease. Any such payment
shall be paid concurrently with the payment of the rent upon which the tax is
based.
33. DEFINITION: The following definitions apply to the terms set forth below
----------
as used in this Lease:
(a) "Abandon" means the vacating of all or a substantial portion of the
Premises by Tenant, whether or not Tenant is in default of the rental payments
due under this Lease.
(b) An "act of God" or "force majeure" is defined for purposes of this Lease
as strikes, lockouts, sit-downs, material or labor restrictions, by any
governmental authority, unusual transportation delays, riots, floods, washouts,
explosions, earthquakes, fire, storms, weather (including wet grounds or
inclement weather which prevents construction), acts of public enemy, wars,
insurrections and any other cause not reasonably within the control of Landlord
and which by the exercise of due diligence Landlord is unable, wholly or in
part, to prevent or overcome.
(c) The "Commencement Date" shall be the date set forth in Paragraph 2. The
Commencement Date shall constitute the commencement of this Lease for all
purposes, whether or not Tenant has actually taken possession.
(d) "Square Feet" or "square foot" as used in this Lease includes the area
contained within the space occupied by Tenant together with a common area
percentage factor of Tenant's space proportionate to the total building area as
determined by the architect by measuring to the outside of the exterior walls
and to the center of the demising walls of the Building.
34. MISCELLANEOUS: The captions appearing in this Lease are inserted only as
-------------
a matter of convenience and in no way define, limit, construe or describe the
scope or intent of such
paragraph. If any provision of this Lease shall ever be held to be invalid or
unenforceable, such invalidity or unenforceability shall not affect any other
provision of this Lease, and such other provisions shall continue in full force
and effect. This Lease shall be deemed to have been made in and shall be
construed in accordance with the laws of the State of Illinois.
In the absence of fraud, no person, firm, or corporation or the heirs, legal
representatives, successors or assigns respectively, executing this Lease in a
representative capacity shall be held individually liable hereunder.
A default in this Lease or in any other Lease made between Landlord and Tenant
shall, at the option of the Landlord, be deemed a default under this Lease, the
other Lease or both Leases.
This Lease shall become effective only upon execution by both Landlord and
Xxxxxx and Xxxxxx's payment of the Security Deposit and first month's rent.
35. NOTICE:
------
(a) All rent and other payments required to be made by Tenant shall be payable
to Landlord at the address set forth on page 1.
(b) All payments required to be made by Landlord to Tenant shall be payable to
Tenant at the address set forth on page 1 or at any other address within the
United States as Tenant may specify from time to time by written notice.
(c) Any notice or document required or permitted to be delivered by this Lease
shall be deemed to be delivered (whether or not actually received) when hand
delivered or when deposited in the United States Mail, postage prepaid,
certified mail, return receipt requested, addressed to the parties at the
respective addresses set forth on Page 1.
36. REAL ESTATE BROKER: Tenant warrants that it has no dealings with any
------------------
broker or agent other than Xxxxxx Xxxxx and Xxxxxxx Xxxxxxxxx in connection with
this Lease and covenants to pay, defend hold harmless and indemnify Landlord
from and against any and all costs, expense or liability for any compensation,
commission or charges claimed by any broker or agent with respect to this Lease
or the negotiation thereof.
37. BINDING EFFECT AND LIMITATION OF LIABILITY: Except as expressly provided
------------------------------------------
herein, this Lease shall inure to the benefit of, and be binding upon, the
parties hereto and their respective successors and permitted assigns, and all
covenants and agreements herein contained to be observed and performed by Tenant
shall be joint and several. Anything in this Lease to the contrary
notwithstanding, Xxxxxx agrees that Tenant shall look solely to the estate and
interest of Landlord, its successors and assigns, in and to the project of which
the Premises are a part or the proceeds therefrom for the collection of a
judgment (or other judicial process) requiring the payment of money by Landlord
hereunder, and no other property or assets of Landlord shall be subject to levy,
execution or other enforcement procedure for the satisfaction of Tenant's
remedies under or with respect to this Lease, the relationship of Landlord and
Tenant hereunder or Xxxxxx's use, or occupancy of the Premises.
38. ENTIRE AGREEMENT AND LIMITATION OR WARRANTIES: IT IS EXPRESSLY AGREED BY
---------------------------------------------
TENANT, AS A MATERIAL CONSIDERATION FOR THE EXECUTION OF THIS LEASE, THAT THIS
LEASE, WITH THE SPECIFIC REFERENCES TO WRITTEN EXTRINSIC DOCUMENTS, IS THE
ENTIRE AGREEMENT OF THE PARTIES; THAT THERE ARE, AND WERE, NO VERBAL
REPRESENTATIONS, WARRANTIES, UNDERSTANDINGS, STIPULATIONS, AGREEMENTS OR
PROMISES PERTAINING TO THIS LEASE OR THE EXPRESSLY MENTIONED WRITTEN EXTRINSIC
DOCUMENTS NOT INCORPORATED IN WRITING IN THIS LEASE. LANDLORD AND TENANT
EXPRESSLY AGREE THAT THERE ARE AND SHALL BE NO IMPLIED WARRANTIES OF
MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OF ANY OTHER
KIND ARISING OUT OF THIS LEASE AND THERE ARE NO WARRANTIES WHICH EXTEND BEYOND
THOSE EXPRESSLY SET FORTH IN THIS LEASE. IT IS LIKEWISE AGREED THAT THIS LEASE
MAY NOT BE ALTERED, WAIVED, AMENDED OR EXTENDED EXCEPT BY AN INSTRUMENT IN
WRITING SIGNED BY BOTH LANDLORD AND TENANT.
39. AUTHORITY: If Tenant is a corporation, Tenant agrees to provide a
---------
certified copy of resolutions duly adopted by its Board of Directors and a
certified copy of such relative portion of its By-Laws setting forth that the
execution and delivery of this Lease have been duly and validly authorized by
all necessary and appropriate corporate action and that this Lease is valid and
binding and fully enforceable in accordance with its terms. Tenant does hereby
warrant and represent that its signatories whose signatures appear below have
been and are on the date of this Lease duly authorized by all necessary and
appropriate corporate action to execute this Lease.
40. CONTROL OF TENANT: If Tenant is a corporation, and if at any time during
-----------------
the Term the persons, firms or corporations who own a majority of its shares at
the time of execution of this Lease cease to own such shares and such succession
shall not first have been approved in writing by Landlord, then such succession
shall, at the option of Landlord, be deemed a default by Tenant under this
Lease. If Tenant is a limited partnership, and if at any time during the terms
of this Lease any person, from a corporation, who, at the date hereof, is a
general partner thereof ceases to be such a general partner and such succession
shall not first have been approved in writing by Xxxxxxxx, then such succession
shall, at the option of Landlord, be deemed a default by Tenant under this
Lease.
41. FINANCIAL STATEMENTS: Tenant shall provide Landlord with a copy of its
--------------------
annual Financial Statements prepared in accordance with generally accepted
accounting principles within thirty days (30) when requested by Landlord.
IN WITNESS WHEREOF, the parties hereto have duly executed the foregoing
instrument or caused the same to be executed the day and year first above
written.
LANDLORD: TENANT:
Harbor Industrial Plant -------------------------------
By: /s/ By: /s/
------------------------- ----------------------------
Vice President (Name and Title)
/s/
-------------------------
XXXXXX X. XXXXXXX
Xxxxxx X. Xxxxxxx ATTEST:
as agent for the beneficiaries of
American National Bank (Seal)
----------------------
Trust No. 42807 and 42683
---------------
By:
--------------------------
Title
CERTIFICATE (if Tenant is a Corporation)
I, _________________________, Secretary of ________________________________
__________________________, Tenant, hereby Certify that the officers executing
the foregoing Lease on behalf of
___________________________________________________________, a
______________________ corporation, were duly authorized to act in their
capacities as the (Vice) President and (Assistant) Secretary of said corporation
and their actions are the action of said corporation, as Tenant.
Dated:
----------------------- -----------------------
Secretary
(Corporate Seal)
GUARANTY
--------
The undersigned hereby agree to guarantee the full and prompt performance
of Tenant of all of the terms, covenants, conditions and obligations of Tenant
under the foregoing Lease and to pay all costs and attorneys' fees incurred by
Landlord in enforcing the foregoing Lease or this Guaranty and Landlord shall
have the right, in its sole discretion, to proceed first directly against the
undersigned Guarantors without exhausting any other remedies which it may have.
Date:
--------------------------
Guarantor's Signature Name and Address
--------------------- ----------------
-------------------------------- --------------------------------
--------------------------------
-------------------------------- --------------------------------
--------------------------------
RULES AND REGULATIONS
1. Tenant shall not make any alterations or additions in or about the Premises
without Landlord's prior written consent and all such work shall comply
with Village of Northbrook's ordinances, rules and regulations.
2. Tenant shall not at any time occupy any part of the Premises or project as
sleeping or lodging quarters.
3. Tenant shall not place, install or operate on the Premises or in any part
of the Building, any engine, stove or machinery, or conduct mechanical
operations or cook thereon or therein, or place or use in or about the
Premises or Property any explosives, gasoline, kerosene, oil, acids,
caustics, or any flammable, explosive or hazardous material without written
consent of Landlord.
4. Landlord will not be responsible for lost or stolen personal property,
equipment, money or jewelry from the Premises or the Property regardless of
whether such loss occurs when the area is locked against entry or not.
5. No dogs, cats, fowl, or other animals shall be brought into or kept in or
about the Premises or Property.
6. Employees of Landlord shall not receive or carry messages for or to any
Tenant or other person, nor contract with or render free or paid services
to any Tenant or Tenant's agents, employees or invitees.
7. None of the parking, plaza, recreation or lawn areas, entries, passages,
doors, hallways or stairways shall be blocked or obstructed, or any
rubbish, litter, trash, or material of any nature placed, emptied or thrown
into these areas nor such area be used by Tenant's agents, employees or
invitees at any time for purposes inconsistent with their designation by
Landlord.
8. The water closets and other water fixtures shall not be used for any
purpose other than those for which they were constructed, and any damage
resulting to them from misuse, or by the defacing or injury of any part of
the Building shall be borne by the person who shall occasion it. No person
shall waste water by interfering with the faucets or otherwise.
9. No person shall disturb occupants of the Building by the use of any radios,
record players, tape recorders, musical instruments, the making of unseemly
noises, or any unreasonable use.
10. Nothing shall be thrown out in common areas (freight docks, etc.) and
Tenant shall promptly pay for any costs resulting in clean up of common
areas caused by its employees or invitees.
11. Tenant and its employees, agents and invitees shall park their vehicles
only in those parking areas designated by Landlord. Upon request Tenant
shall furnish Landlord with state automobile license numbers of Tenant's
vehicles and its employees' vehicles. Tenant shall not leave any vehicle
in a state of disrepair (including without limitation, flat tires, out of
date inspection stickers or license plates) on the Premises or Property.
If Tenant or its employees, agents or invitees park their vehicles in areas
other than the designated parking areas or leave any vehicle in a state of
disrepair, Landlord, after giving written notice to Tenant of such
violation, shall have the right of remove such vehicles at Tenant's
expense.
12. No additional locks or similar devices shall be attached to any door and no
locks shall be changed except by Landlord. A master key system has been
provided with key given to the fire department to be kept in their lock box
to which only the fire department has a key. Upon termination of this
lease, or Xxxxxx's possession of the Premises, Xxxxxx shall surrender all
keys for all locks to the Premises.
It is Xxxxxxxx's desire to maintain in the Building and Property the
highest standard of dignity and good taste consistent with comfort and
convenience for Tenants. Any action or condition not meeting this high
standard should be reported directly to Landlord. Your cooperation will be
mutually beneficial and sincerely appreciated. Landlord reserves the right
to make such other and further reasonable rules and regulations as in its
judgment may from time to time be necessary, for the safety, care and
cleanliness of the Premises and the preservation of good order therein.
EXHIBIT A
(650 Xxxxxxx Trail)
1. LEGAL DESCRIPTION
LOT 2 IN XXXXXXXX RESUBDIVISION OF LOTS 11 AND 12 IN THE RESUBDIVISION OF
PART OF LOT 4 IN BLOCK 3 IN FIRST RESUBDIVISION OF SKY HARBOR INDUSTRIAL
PARK UNIT ONE IN THE SOUTH HALF OF SECTION 5, TOWNSHIP 42 NORTH, RANGE 12,
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
2. BUILDING FLOOR PLAN, ADDRESS:
Square footage
Diagram of property layout at 000X Xxxxxxx Xxxxx
Unit/Space: Total Area: Pro Rata Share%
----------- ----------- ---------------
C 19,545 19.97
B 13,412 13.71
A 25,433 25.99
D 20,470 20.92
E 7,940 8.12
F 11,043 11.29
------ ------
97,841 100.00%
------ ------
This Rider Is To Be Made Part Of The Lease Dated February 8, 1989
By And Between HealthMate Inc., Lessee
and Xxxxxx X. Xxxxxxx As Agent For The Beneficiaries Of
American National Bank Trust No. 42807 and 42683
1. Lessee's Work: Lessor will allow Lessee to install their own exhaust fan
through existing opening in roof deck, and add additional electrical
according to Northbrook Village Codes.
2. Lease Term: Lessee will give written notice to Lessor no later than
November 28, 1989 as to their intent to remain in tenancy for years 2 and
3, or their intent to vacate the premises by February 28, 1990 with no
penalty.
Should Lessee vacate the premises at the end of (1) one year they must
restore the premises to its original move-in condition.
3. Xxxxxx's Work: Xxxxxx agrees to remove one existing wall in the offices
and bring such to proper repair in the event Lessee notifies Lessor that
they are remaining for years 2 and 3.
LANDLORD: TENANT:
HARBOR INDUSTRIAL PLAZA
/s/
-------------------------------
By: /s/ By: /s/
----------------------------------- --------------------------
/s/ (Name and Title)
---------------------------------------- Xxxxxxx Xxxxxxxxx, President
XXXXXX X. XXXXXXX HealthMate Inc.
Xxxxxx X. Xxxxxxx as agent for the
beneficiaries of American National
Bank Trust No. 42807 and 42683
