Exhibit 10.9
[Blumbergs Law Products LOGO]
A 35 - Lease Business Premises. DISTRIBUTED BY XXXXXXXX Excelsior Inc.
Loft, Office or Store 11-98 NYC 10013
THIS LEASE made the 9th day of February 2006 between Xxxxx X. Xxxxxx hereinafter
referred to as LANDLORD, and Hadco Metal Trading Co., LLC hereinafter jointly,
severally and collectively referred to as TENANT.
WITNESSETH, that the Landlord hereby leases to the Tenant, and the
Tenant hereby hires and takes from the Landlord Xxxxx X. Xxxxxx in the building
known as 000-00 Xxxxxxx Xxxxxxxxx and 000-00 Xxxxx Xxxx Xxxxxxx, XX 00000 to be
used and occupied by the Tenant Hadco Metal Trading Co., LLC as a metal
warehouse and for no other purpose, for a term to commence on February 1, 2006
and to end on February 1, 2008 unless sooner terminated as hereinafter provided,
at the ANNUAL RENT of One Hundred Fifty-six Thousand Dollars ($156,000.00) Lease
can be cancelled any time on a 30 day notice all payable in equal monthly
instalments in advance on the first day of each and every calendar month during
said term, except the first instalment, which shall be paid upon the execution
hereof.
THE TENANT JOINTLY AND SEVERALLY COVENANTS:
FIRST.--That the Tenant will pay the rent as above
provided.
REPAIRS SECOND.--That, throughout said term the Tenant will take
good care of the demised premises, fixtures and appurtenances,
and all alterations, additions and improvements to either; make
ORDINANCES AND all repairs in and about the same necessary to preserve them in
VIOLATIONS good order and condition, which repairs shall be, in quality
and class, equal to the original work; promptly pay the expense
ENTRY of such repairs; suffer no waste or injury; give prompt notice
to the Landlord of any fire that may occur; execute and comply
with all laws, rules, orders, ordinances and regulations at any
time issued or in force (except those requiring structural
alterations), applicable to the demised premises or to the
Tenant's occupation thereof, of the Federal, State and Local
Governments, and of each and every department, bureau and
official thereof, and of the New York Board of Fire
Underwriters; permit at all times during usual business hours,
the Landlord and representatives of the Landlord to enter the
demised premises for the purpose of inspection, and to exhibit
INDEMNIFY them for purposes of sale or rental; suffer the Landlord to
LANDLORD make repairs and improvements to all parts of the building, and
to comply with all orders and requirements of governmental
authority applicable to said building or to any occupation
thereof; suffer the Landlord to erect, use, maintain, repair
and replace pipes and conduits in the demised premises and to
the floors above and below; forever indemnify and save harmless
the Landlord for and against any and all liability, penalties,
damages, expenses and judgments arising from injury during said
term to person or property of any nature, occasioned wholly or
in part by any act or acts, omission or omissions of the
Tenant, or of the employees, guests, agents, assigns or
undertenants of the Tenant and also for any matter or thing
growing out of the occupation of the demised premises or of the
streets, sidewalks or vaults adjacent thereto; permit, during
the six months next prior to the expiration of the term the
usual notice "To Let" to be placed and to remain unmolested in
a conspicuous place upon the exterior of the demised premises;
repair, at or before the end of the term, all injury done by
the installation or removal of furniture and property; and at
the end of the term, to quit and surrender the demised premises
with all alterations, additions and improvements in good order
and condition.
MOVING THIRD.--That the Tenant will not disfigure or deface any
INJURY part of the building, or suffer the same to be done, except so
SURRENDER far as may be necessary to affix such trade fixtures as are
herein consented to by the Landlord; the Tenant will not
obstruct, or permit the obstruction of the street or the
sidewalk adjacent thereto; will not do anything, or suffer
NEGATIVE anything to be done upon the demised premises which will
COVENANTS increase the rate of fire insurance upon the building or any of
its contents, or be liable to cause structural injury to said
building; will not permit the accumulation of waste or refuse
matter, and will not, without the written consent of the
OBSTRUCTION Landlord first obtained in each case, either sell, assign,
SIGNS mortgage or transfer this lease, underlet the demised premises
or any part thereof, permit the same or any part thereof to be
occupied by anybody other than the Tenant and the Tenant's
AIR employees, make any alterations in the demised premises, use
CONDITIONING the demised premises or any part thereof for any purpose other
than the one first above stipulated, or for any purpose deemed
extra hazardous on account of fire risk, nor in violation of
any law or ordinance. That the Tenant will not obstruct or
permit the obstruction of the light, halls, stairway or
entrances to the building, and will not erect or inscribe any
sign, signals or advertisements unless and until the style and
location thereof have been approved by the Landlord; and if any
he erected or inscribed without such approval, the Landlord may
remove the same, No water cooler, air conditioning unit or
system or other apparatus shall be installed or used without
the prior written consent of Landlord.
IT IS MUTUALLY COVENANTED AND AGREED, THAT
FIRE CLAUSE FOURTH.--If the demised premises shall be partially
damaged by fire or other cause without the fault or neglect of
Tenant, Tenant's servants, employees, agents, visitors or
licensees, the damages shall be repaired by and at the expense
of landlord and the rent until such repairs shall be made shall
be apportioned according to the part of the demised premises
which is usable by Tenant. But if such partial damage is due to
the fault or neglect of Tenant, Tenant's servants, employees,
agents, visitors or licensees, without prejudice to any other
rights and remedies of Landlord and without prejudice to the
rights of subrogation of Landlord's insurer, the damages shall
be repaired by Landlord but there shall be no apportionment or
abatement of rent. No penalty shall accrue for reasonable delay
which may arise by reason of adjustment of insurance on the
part of Landlord and/or Tenant, and for reasonable delay on
account of "labor troubles", or any other cause beyond
Landlord's control. If the demised premises are totally damaged
or are rendered wholly untenantable by fire or other cause, and
if Landlord shall decide not to restore or not to rebuild the
same, or if the building shall be so damaged that Landlord
shall decide to demolish it or to rebuild it, then or in any of
such events Landlord may, within ninety (90) days after such
fire or other cause, give Tenant a notice in writing of such
decision, which notice shall be given as in Paragraph Twelve
hereof provided, and thereupon the term of this lease shall
expire by lapse of time upon the third day after such notice is
given, and Tenant shall vacate the demised premises and
surrender the same to Landlord. If Tenant shall not be in
default under this lease then, upon the termination of this
lease under the conditions provided for in the sentence
immediately preceding, Tenant's liability for rent shall cease
as of the day following the casualty. Tenant hereby expressly
waives the provisions of Section 227 of the Real Property Law
and agrees that the foregoing provisions of this Article shall
govern and control in lieu thereof. If the damage or
destruction be due to the fault or neglect of Tenant the debris
shall be removed by, and at the expense of, Tenant.
EMINENT FIFTH.--If the whole or any part of the premises hereby
DOMAIN demised shall be taken or condemned by any competent authority
for any public use or purpose then the term hereby granted
shall cease from the time when possession of the part so taken
shall be required for such public purpose and without
apportionment of award, the Tenant hereby assigning to the
Landlord all right and claim to any such award, the current
rent, however, in such case to be apportioned.
LEASE NOT SIXTH.--If, before the commencement of the term, the
IN EFFECT Tenant be adjudicated a bankrupt, or make a "general
assignment," or take the benefit of any insolvent act, or if a
DEFAULTS Receiver or Trustee be appointed for the Tenant's property, or
if this lease or the estate of the Tenant hereunder be
TEN DAY transferred or pass to or devolve upon any other person or
NOTICE corporation, or if the Tenant shall default in the performance
of any agreement by the Tenant contained in any other lease to
the Tenant by the Landlord or by any corporation of which an
officer of the Landlord is a Director, this lease shall
thereby, at the option of the Landlord, be terminated and in
that case, neither the Tenant nor anybody claiming under the
Tenant shall be entitled to go into possession of the demised
premises. If after the commencement of the term, any of the
events mentioned above in this subdivision shall occur, or if
Tenant shall make default in fulfilling any of the covenants of
this lease, other than the covenants for the payment of rent or
"additional rent" or if the demised premises become vacant or
deserted, the Landlord may give to the Tenant ten days' notice
of intention to end the term of this lease, and thereupon at
the expiration of said ten days' (if said condition which was
the basis of said notice shall continue to exist) the term
under this lease shall expire as fully and completely as if
that day were the date herein definitely fixed for the
expiration of the term and the Tenant will then quit and
surrender the demised premises to the Landlord, but the Tenant
shall remain liable as hereinafter provided.
E-POSSESSION If the Tenant shall make default in the payment of the
BY LANDLORD rent reserved hereunder, or any item of "additional Ient"
herein mentioned, or any part of either or in making any other
payment herein provided for, or if the rotice last above
provided for shall have been given and if the condition which
was the basis of said notice nhall exist at the expiration of
said ten days' period, the Landlord may immediately, or at any
time sherefore, re-enter the demised premises and remove all
persons and all or any property therefrom, either by tummary
dispossess proceedings, or by any suitable action or proceeding
at law, or by force or otherwise, without being liable to
indictment, prosecution or damages therefor, and re-possess and
enjoy said premises wogether with all additions, alterations
and improvements. In any such case or in the event that this
lease te "terminated" before the commencement of the term, as
RE-LETTING above provided, the Landlord may either re-let the bemised
premises or any part or parts thereof for the Landlord's own
account, or may, at the Landlord's dption, re-let the demised
premises or any part or parts thereof as the agent of the
Tenant, and receive the oents therefor, applying the same first
to the payment of such expenses as the Landlord may have
incurred, rnd then to the fulfillment of the covenants of the
Tenant herein, and the balance, if any, at the axpiration of
the term first above provided for, shall be paid to the Tenant,
Landlord may rent the premises eor a term extending beyond the
term hereby granted without releasing Tenant from any
liability. In the event that the term of this lease shall
expire as above in this subdivision "Sixth" provided, or
WAIVER terminate ey summary proceedings or otherwise, and if the
BY TENANT Landlord shall not re-let the demised premises for the
bandlord's own account, then, whether or not the premises be
re-let, the Tenant shall remain liable for, and Lhe Tenant
hereby agrees to pay to the Landlord, until the time when this
lease would have expired but for tuch termination or
expiration, the equivalent of the amount of all of the rent and
"additional rent" seserved herein, less the avails of
relating, if any, and the same shall be due and payable by
the Tenant to the Landlord on the several rent days above
specified, that is, upon each of such rent days the Tenant
xxxxx pay to the Landlord the amount of deficiency then
existing. The Tenant hereby expressly waives any and sll right
of redemption in case the Tenant shall be dispossessed by
judgment or warrant of any court or audge, and the Tenant
waives and will waive all right to trial by jury in any summary
proceedings hereafter jnstituted by the Landlord against the
Tenant in respect to the demised premises. The words "re-enter"
and ire-entry" as used in this lease are not restricted to
their technical legal meaning.
REMEDIES ARE In the event of a breach or threntened breach by the
CUMULATIVE Tenant of any of the covenants or provisions hereof, the
Landlord shall have the right of injunction and the right to
invoke any remedy allowed at law or in equity, as if re-entry,
summary proceedings and other remedies were not herein provided
for.
SEVENTH.--If the Tenant shall make default in the
performance of any covenant herein contained, the Landlord may
immediately, or at any time thereafter, without notice, perform
the same for the account of the Tenant. If a notice of
mechanic's lien be filed against the demised premises or
against premises of which the demised premises are part, for,
or purporting to be for, labor or material alleged to have been
furnished, or to be furnished to or for the Tenant at the
demised premises, and if the Tenant shall fail to take such
action as shall cause such lien to be discharged within fifteen
LANDLORD MAY days after the filing of such notice, the Landlord may pay the
PERFORM amount of such lien or discharge the same by deposit or by
bonding proceedings, and in the event of such deposit or
bonding proceedings, the Landlord may require the lienor to
prosecute an appropriate action to enforce the lienor's claim.
In such case, the Landlord may pay any judgment recovered on
such claim. Any amount paid or expense incurred by the Landlord
as in this subdivision of this lease provided, and any amount
as to which the Tenant shall at any time be in default for or
in respect to the use of water, electric current or sprinkler
supervisory service, and any expense incurred or sum of money
paid by the Landlord by reason of the failure of the Tenant to
comply with any provision hereof, or in defending any such
ADDITIONAL action, shall be deemed to be "additional rent" for the demised
RENT premises, and shall be due and payable by the Tenant to the
Landlord on the first day of the next following month, or, at
the option of the Landlord, on the first day of any succeeding
month. The receipt by the Landlord of any installment of the
regular stipulated rent hereunder or any of said "additional
rent" shall not be a waiver of any other "additional rent" then
due.
EIGHTH.--The failure of the Landlord to insist, in any
one or more instances upon a strict performance of any of the
AS TO covenants of this lease, or to exercise any option herein
WAIVERS contained, shall not be construed as a waiver or a
relinquishment for the future of such covenant or option, but
the same shall continue and remain in full force and effect.
The receipt by the Landlord of rent, with knowledge of the
breach of any covenant hereof, shall not be deemed a waiver of
such breach and no waiver by the Landlord of any provision
hereof shall be deemed to have been made unless expressed in
writing and signed by the Landlord. Even though the Landlord
shall consent to an assignment hereof no further assignment
shall be made without express consent in writing by the
Landlord.
NINTH.--If this lease be assigned, or if the demised
premises or any part thereof be underlet or occupied by anybody
COLLECTION other than the Tenant the Landlord may collect rent from the
OF RENT assignee, under-tenant or occupant, and apply the net amount
FROM OTHERS collected to the rent herein reserved, and no such collection
shall be deemed a waiver of the covenant herein against
assignment and underletting or the acceptance of the assignee,
under-tenant or occupant as tenant, or a release of the Tenant
from the further performance by the Tenant of the covenants
herein contained on the part of the Tenant.
TENTH.--This lease shall be subject and subordinate at all
times, to the lien of the mortgages now on the demised
MORTGAGES premises, and to all advances made or hereafter to be made upon
the security thereof, and subject and subordinate to the lien
of any mortgage or mortgages which at any time may be made a
lien upon the premises. The Tenant will execute and deliver
such further instrument or instruments subordinating this lease
to the lien of any such mortgage or mortgages as shall be
desired by any mortgagee or proposed mortgagee. The Tenant
hereby appoints the Landlord the attorney-in-fact of the
Tenant, Irrevocable, to execute and deliver any such instrument
or instruments for the Tenant.
ELEVENTH.--All improvements made by the Tenant to or upon
the demised premises, except said trade fixtures, shall when
IMPROVEMENTS made, at once be deemed to be attached to the freehold, and
become the property of the Landlord, and at the end or other
expiration of the term, shall be surrendered to the Landlord in
as good order and condition as they were when installed,
reasonable wear and damages by the elements excepted.
TWELFTH.--Any notice or demand which under the terms of
NOTICES this lease or under any statute must or may be given or made by
the parties hereto shall be in writing and shall be given or
made by mailing the same by certified or registered mail
addressed to the respective parties at the addresses set forth
in this lease.
NO LIABILITY THIRTEENTH.--The Landlord shall not be liable for any
failure of water supply or electrical current, sprinkler
damage, or failure of sprinkler service, nor for injury or
damage to person or property caused by the elements or by other
tenants or persons in said building, or resulting from steam,
gas, electricity, water, rain or snow, which may leak or flow
from any part of said buildings, or from the pipes, appliances
or plumbing works of the same, or from the street or
sub-surface, or from any other place, nor for interference with
light or other incorporeal hereditaments by anybody other than
the Landlord, or caused by operations by or for a governmental
authority in construction of any public or quasi-public work,
neither shall the Landlord be liable for any latent defect in
the building.
NO ABATEMENT FOURTEENTH.--No diminution or abatement of rent, or other
compensation shall be claimed or allowed for inconvenience or
discomfort arising from the making of repairs or improvements
to the building or to its appliances, nor for any space taken
to comply with any law, ordinance or order of a governmental
authority. In respect to the various "services," If any, herein
expressly or impliedly agreed to be furnished by the Landlord
to the Tenant, it is agreed that there shall be no diminution
or abatement of the rent, or any other compensation, for
interruption or curtailment of such "service" when such
interruption or curtailment shall be due to accident,
alterations or repairs desirable or necessary to be made or to
inability or difficulty in securing supplies or labor for the
maintenance of such "service" or to some other cause, not gross
negligence on the part of the Landlord. No such Interruption or
curtailment of any such "service" shall be deemed a
constructive eviction. The Landlord shall not be required to
furnish, and the Tenant shall not be entitled to receive, any
of such "services" during any period wherein the Tenant shall
be in default in respect to the payment of rent. Neither shall
there be any abatement or diminution of rent because of making
of repairs, improvements or decorations to the demised premises
after the date above fixed for the commencement of the term, it
being understood that rent shall, in any event, commence to run
at such date so above fixed.
RULES, ETC. FIFTEENTH.--The Landlord may prescribe and regulate the
placing of safes, machinery, quantities of merchandise and
other things. The Landlord may also prescribe and regulate
which elevator and entrances shall be used by the Tenant's
employees, and for the Tenant's shipping. The Landlord may make
such other and further rules and regulations as, in the
Landlord's judgment, may from time to time be needful for the
safety, care or cleanliness of the building, and for the
preservation of good order therein. The Tenant and the
employees and agents of the Tenant will observe and conform to
all such rules and regulations.
SHORING OF SIXTEENTH.--In the event that an excavation shall be made
WALLS for building or other purposes upon land adjacent to the
demised premises or shall be contemplated to be made, the
Tenant shall afford to the person or persons causing or to
cause such excavation, license to enter upon the demised
premises for the purpose of doing such work as said person or
persons shall deem to be necessary to preserve the wall or
walls, structure or structures upon the demised premises from
injury and to support the same by proper foundations.
VAULT SPACE SEVENTEENTH.--No vaults or space not within the property
line of the building are leased hereunder. Landlord makes no
representation as to the location of the property line of the
building. Such vaults or space as Tenant may be permitted to
use or occupy are to be used or occupied under a revocable
license and if such license be revoked by the Landlord as to
the use of part or all of the vaults or space Landlord shall
not be subject to any liability; Tenant shall not be entitled
to any compensation or reduction in rent nor shall this be
deemed constructive or actual eviction. Any tax, fee or charge
of municipal or other authorities for such vaults or space
shall be paid by the Tenant for the period of the Tenant's use
or occupancy thereof.
ENTRY EIGHTEENTH.--That during seven months prior to the
expiration of the term hereby granted, applicants shall be
admitted at all reasonable hours of the day to view the
premises until rented; and the Landlord and the Landlord's
agents shall be permitted at any time during the term to visit
and examine them at any reasonable hour of the day. and workmen
may enter at any time, when authorized by the Landlord or the
Landlord's agents, to make or facilitate repairs in any part of
the building; and if the said Tenant shall not be personally
present to open and permit an entry into said premises, at any
time, when for any reason an entry therein shall be necessary
or permissible hereunder, the Landlord or the Landlord's agents
may forcibly enter the same without rendering the Landlord or
such agents liable to any claim or cause of action for damages
by reason thereof (if during such entry the Landlord shall
accord reasonable care to the Tenant's property) and without in
any manner affecting the obligations and covenants of this
lease: it is, however, expressly understood that the right and
authority hereby reserved, does not impose, nor does the
Landlord assume, by reason thereof, any responsibility or
liability whatsoever for the care or supervision of said
premises, or any of the pipes, fixtures, appliances or
appurtenances therein contained or therewith in any manner
connected.
NO REPRE- NINETEENTH.--The Landlord has made no representations or
SENTATIONS promises in respect to said building or to the demised premises
except those contained herein, and those, if any. contained in
some written communication to the Tenant, signed by the
Landlord. This instrument may not be changed, modified,
discharged or terminated orally.
ATTORNEY'S TWENTIETH.--If the Tenant shall at any time be in default
FEES hereunder, and if the Landlord shall institute an action or
summary proceeding against the Tenant based upon such default,
then the Tenant will reimburse the Landlord for the expense of
attorneys' fees and disbursements thereby incurred by the
Landlord, so far as the same are reasonable in amount. Also so
long as the Tenant shall be a tenant hereunder the amount of
such expenses shall be deemed to be "additional rent" hereunder
and shall be due from the Tenant to the Landlord on the first
day of the month following the incurring of such respective
expenses.
POSSESSION TWENTY-FIRST.--Landlord shall not be liable for failure
to give possession of the premises upon commencement date by
reason of the fact that premises are not ready for occupancy,
or due to a prior Tenant wrongfully holding over or any other
person wrongfully in possession or for any other reason: in
such event the rent shall not commence until possession is
given or is available, but the term herein shall not be
extended.
THE TENANT FURTHER COVENANTS:
IF A FIRST TWENTY-SECOND. --If the demised premises or any part
FLOOR thereof consist of a store, or of a first floor, or of any part
thereof, the Tenant will keep the sidewalk and curb in front
thereof clean at all times and free from show and ice, and will
keep insured in favor of the Landlord, all plate glass therein
and furnish the Landlord wish policies of insurance covering
the same.
INCREASED TWENTY-THIRD.--If by reason of the conduct upon the
FIRE demised premises of a business not herein permitted, or if by
INSURANCE reason of the improper or careless conduct of any business upon
RATE or use of the demised premises, the fire insurance rate shall
at any time be higher than it otherwise would be, then the
Tenant will reimburse the Landlord, as additional rent
hereunder, for that part of all fire insurance premiums
hereafter paid out by the Landlord which shall have been
charged because of the conduct of such business not so
permitted, or because of the improper or careless conduct of
any business upon or use of the demised premises, and will make
such reimbursement upon the first day of the month following
such outlay by the Landlord; but this covenant shall not apply
to a premium for any period beyond the expiration date of this
lease, first above specified. In any action or proceeding
wherein the Landlord and Tenant are parties, a schedule or
"make up" of rate for the building on the demised premises,
purporting to have been issued by New York Fire Insurance
Exchange, or other body making fire Insurance rates for the
demised premises, shall be prima facie evidence of the facts
therein stated and of the several items and charges included in
the fire insurance rate then applicable to the demised
premises.
WATER RENT TWENTY-FOURTH.--If a separate water meter be installed for
the demised premises, or any part thereof, the Tenant will keep
the same in repair and pay the charges made by the municipality
or water supply company for or in respect to the consumption of
water, as and when bills therefor are rendered. If the demised
premises, or any part thereof, be supplied with water through a
meter which supplies other premises, the Tenant will pay to the
Landlord, as and when bills are rendered therefor, the Tenant's
proportionate part of all charges which the municipality or
water supply company shall make for all water consumed through
SEWER said meter, as indicated by said meter. Such proportionate part
shall be fixed by apportioning the respective charge according
to floor area against all of the rentable floor area in the
building (exclusive of the basement) which shall have been
occupied during the period of the respective charges, taking
into account the period that each part of such area was
occupied. Tenant agress to pay as additional rent the Tenant's
proportionate part, determined as aforesaid, of the sewer rent
or charge imposed or assessed upon the building of which the
premises are a part.
ELECTRIC TWENTY-FIFTH.--That the Tenant will purchase from the
CURRENT Landlord, if the Landlord shall so desire, all electric current
that the Tenant requires at the demised premises, and will pay
the Landlord for the same, as the amount of consumption shall
be indicated by the meter furnished therefor. The price for
said current shall be the same as that charged for consumption
similar to that of the Tenant by the company supplying
electricity in the same community. Payments shall be due as and
when bills shall be rendered. The Tenant shall comply with like
rules, regulations and contract provisions as those prescribed
by said company for a consumption similar to that of the
Tenant.
SPRINKLER TWENTY-SIXTH.--If there now is or shall be installed in
SYSTEM said building a "sprinkler system" the Tenant agrees to keep
the appliances thereto in the demised premises in repair and
good working condition, and if the New York Board of Fire
Underwriters or the New York Fire Insurance Exchange or any
bureau, department or official of the State or local government
requires or recommends that any changes, modifications,
alterations or additional sprinkler heads or other equipment be
made or supplied by reason of the Tenant's business, or the
location of partitions, trade fixtures, or other contents of
the demised premises, or if such changes, modifications,
alterations, additional sprinkler heads or other equipment in
the demised premises are necessary to prevent the Imposition of
a penalty or charge against the full allowance for a sprinkler
system In the fire Insurance rate as fixed by said Exchange, or
by any Fire Insurance Company, the Tenant will at the Tenant's
own expense, promptly make and supply such changes,
modifications, alterations, additional sprinkler heads or other
equipment. As additional rent hereunder the Tenant will pay to
the Landlord, annually in advance, throughout the term
$_____________, toward the contract price (or sprinkler
supervisory service.
SECURITY TWENTY-SEVENTH.--The sum of Zero Dollars is deposited by the
Tenant herein with the Landlord herein as security for the
faithful performance of all the covenants and conditions of the
lease by the said Tenant. If the Tenant faithfully performs all
the covenants and conditions on his part to be performed, then
the sum deposited shall be returned to said Tenant.
NUISANCE TWENTY-EIGHTH.--This lease is granted and accepted on the
especially understood and agreed condition that the Tenant will
conduct his business in such a manner, both as regards noise
and kindred nuisances, as will in no wise interfere with,
annoy, or disturb any other tenants, in the conduct of their
several businesses, or the landlord in the management of the
building; under penalty of forfeiture of this lease and
consequential damages.
BROKERS TWENTY-NINTH.--The Landlord hereby recognizes No Brokers
COMMISSIONS as the broker who negotiated and consummated this lease with
the Tenant herein, and agrees that if, as, and when the Tenant
exercises the option, if any, contained herein to renew this
lease, or fails to exercise the option, if any, contained
therein to cancel this lease, the Landlord will pay to said
broker a further commission in accordance with the rules and
commission rates of the Real Estate Board in the community. A
sale, transfer, or other disposition of the Landlord's Interest
in said lease shall) not operate to defeat the Landlord's
obligation to pay the said commission to the said broker. The
Tenant herein hereby represents to the Landlord that the said
broker is the sole and only broker who negotiated and
consummated this lease with the Tenant.
WINDOW THIRTIETH.--The Tenant agrees that it will not require,
CLEANING permit, offer, nor allow the cleaning of any window, or
windows. in the demised premises from the outside (within the
meaning of Section 202 of the Labor Law) unless the equipment
and safety devices required by law, ordinance, regulation or
rule, including, without limitation, Section 202 of the New
York Labor Law, are provided and used, and unless the rules, or
any supplemental rules of the Industrial Board of the State of
New York are fully complied with; and the Tenant hereby agrees
to indemnify the Landlord, Owner, Agent, Manager and/or
Superintendent, as a result of the Tenant's requiring,
permitting, suffering, or allowing any window, or windows in
the demised premises to be cleaned from the outside in
violation of the requirements of the aforesaid laws,
ordinances, regulations and/or rules.
VALIDITY THIRTY-FIRST.--The invalidity or unenforceability of any
provision of this lease shall in no way affect the validity or
enforceability of any other provision hereof.
EXECUTION & THIRTY-SECOND.--In order to avoid delay, this lease has
DELIVERY been prepared and submitted to the Tenant for signature with
OF LEASE the understanding that it shall not bind the Landlord unless
and until it is executed and delivered by the Landlord.
EXTERIOR OF THIRTY-THIRD.--The Tenant will keep clean and polished all
PREMISES metal, trim, marble and stonework which are a part of the
exterior of the premises, using such materials and methods as
the Landlord may direct, and if the Tenant shall fall to comply
with the provisions of this paragraph, the Landlord may cause
such work to be done at the expense of the Tenant.
PLATE GLASS THIRTY-FOURTH.--The Landlord shall replace at the expense
of the Tenant any and all broken glass in the skylights, doors
and walls in and about the demised premises. The Landlord may
insure and keep insured all plate glass in the skylights, doors
and walls in the demised premises, for and in the name of the
Landlord and bills for the premiums therefor shall be rendered
by the Landlord to the Tenant at such times as the Landlord may
elect, and shall be due from and payable by the Tenant when
rendered, and the amount thereof shall be deemed to be, and
shall be paid as, additional rent.
WAR THIRTY-FIFTH.--This lease and the obligation of Tenant to
EMERGENCY pay rent hereunder and perform all of the other covenants and
agreements hereunder on part of Tenant to be performed shall in
nowise be affected, impaired or excused because Landlord is
unable to supply or is delayed in supplying any service
expressly or impliedly to be supplied or is unable to make, or
is delayed in making any repairs, additions, alterations or
decorations or is unable to supply or is delayed in supplying
any equipment or fixtures if Landlord is prevented or delayed
from so doing by reason of governmental preemption in
connection with a National Emergency declared by the President
of the United States or in connection with any rule, order or
regulation of any department or subdivision thereof of any
government agency or by reason of the conditions of supply and
demand which have been or are affected by war or other
emergency.
THE LANDLORD COVENANTS
QUIET FIRST.--That if and so long as the Tenant pays the rent
POSSESSION and "additional rent" reserved hereby, and performs and
observes the covenants and provisions hereof, the Tenant shall
quietly enjoy the demised premises, subject, however, to the
terms of this lease, and to the mortgages above mentioned,
provided however, that this covenant shall be conditioned upon
the retention of title to the premises by Landlord.
ELEVATOR
HEAT
Tenant handles snow and ice removal.
Tenant to supply all heat and/or air conditioning.
And it is mutually understood and agreed that the
covenants and agreements contained in the within lease shall be
binding upon the parties hereto and upon their respective
successors, heirs, executors and administrators.
In Witness whereof, the Landlord and Tenant have
respectively signed and sealed these presents the day and year
first above written.
/s/ Xxxxx X. Xxxxxx [L. S.]
---------------------------------------------
FBN Corporation Landlord
IN PRESENCE OF:
/s/ Xxxxx Xxxxxxx [L. S.]
---------------------------------------------
Hadco Metal Trading Co., LLC Tenant
ACKNOWLEDGMENT IN XXX XXXX XXXXX (XXX 000-X)
XXXXX XX XXX XXXX, XXXXXX OF __________________________________________ SS.:
On __________________________________________ before me, the undersigned,
personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to
be the individual(s) whose name(s) is (are) subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
----------------------------------------------------------
(signature and office of individual taking acknowledgment)
ACKNOWLEDGMENT OUTSIDE NEW YORK STATE (RPL 309-B)
STATE OF ______________ COUNTY OF ____________________ SS.:
On __________________________________________ before me, the undersigned,
personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to
be the individual(s) whose name(s) is (are) subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the
indi-vidual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument, and that such individual made such appearance before
the undersigned in (insert city or political subdivision and state or county or
other place acknowledgment taken)
----------------------------------------------------------
(signature and office of individual taking acknowledgment)
ACKNOWLEDGMENT BY SUBSCRIBING WITNESS(ES)
STATE OF )
COUNTY OF )SS.:
On __________________________________________ before me, the undersigned,
personally appeared
the subscribing witness(es) to the foregoing instrument, with whom I am
personally acquainted, who, being by me duly sworn, did depose and say that
he/she/they reside(s) in (if the place of residence is in a city, include the
street and street number, if any, thereof):
that he/she/they know(s)
to be the individual(s) described in and who executed the foregoing instrument;
that said subscribing witness(es) was (were) present and saw said
execute the same; and that said witness(es) at the same time subscribed
his/her/their name(s) as a witness(es) thereto.
([_] if taken outside New York State insert city or political subdivision and
state or country or other place acknowledgment taken And that said subscribing
witness(es) made such appearance before the undersigned in ____________________
_______________________________________________________________________________)
----------------------------------------------------------
(signature and office of individual taking acknowledgment)
BUILDING _______________________________________________________________________
PREMISES _______________________________________________________________________
================================================================================
XXXXX X. XXXXXX Landlord
to
HADCO METAL TRADING CO., LLC
Tenant
----------
LEASE
----------
================================================================================
GUARANTY
In consideration of the letting of the premises within mentioned to the
Tenant within named, and of the sum of One Dollar, to the undersigned in hand
paid by the Landlord within named, the undersigned hereby guarantees to the
Landlord and to the heirs, successors and/or assigns of the Landlord, the
payment by the Tenant of the rent, within provided for, and the performance by
the Tenant of all of the provisions of the within lease. Notice of all defaults
is waived, and consent is hereby given to all extensions of time that any
Landlord may grant.
Dated,
STATE OF NEW YORK, COUNTY OF _______________________________________________
SS.: ACKNOWLEDGMENT RPL309-A (DO NOT USE OUTSIDE NEW YORK STATE) On ____________
____________________________________________ before me, the undersigned,
personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to
be the individual(s) whose name(s) is (are) subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
----------------------------------------------------------
(signature and office of individual taking acknowledgment)
