EXHIBIT 10.24
LEASE
THIS LEASE AGREEMENT is made and entered into this 5th day of April, 1997,
by and between Xxxx X. Xxxxx (hereinafter referred to as "Landlord") and Team
Automobile Sales & Finance, Inc., d/b/a Team Automobile Sales & Finance
(hereinafter referred to as "Tenant").
SECTION 1
DESCRIPTION OF PREMISES
Landlord leases to Tenant and Tenant leases from Landlord the Premises
located at 0000 00xx Xxxxxx Xxxxx, Xxxxxxxx Xxxx, Xxxxxxx 00000, legal
description attached.
SECTION 2
QUIET ENJOYMENT
Landlord covenants, warrants and represents that, Landlord has full right
and power to execute and perform this Lease, and to grant the estate demised
herein; and that Tenant, upon the payment of the rent herein reserved and
performance of the covenants and agreements herein contained shall peaceably and
quietly have, hold and enjoy the Premises and all rights, easements, covenants
and privileges belonging or in any way appertaining thereto.
SECTION 3
USE OF PREMISES
The Premises shall be used for the maintenance and operation of a used
automobile sales location, which shall include all reasonable activities
ancillary thereto.
SECTION 4
TERM
The initial term of this Lease is two (2) years ("the initial Term)
beginning April 5, 1997 (the "Commencement Date"). Tenant at its option may
exercise in writing (3) one (1) year renewals. Rent will be increased three
percent (3%) in each renewal year.
SECTION 5
RENT
Tenant shall pay last month's rent of $3,500, a security deposit of $3,000
and first's rent upon execution of this Lease. The base monthly rental for the
Premises for the initial Term shall be $3,500 (the "Base Rent"). The Base Rent
shall be payable in advance on the fifteenth day of each month, plus and
together with sales or use tax at the then applicable in the County in which the
Premises are located. Said monthly installments shall be paid, without demand,
at such address as the Landlord shall designate, in writing, from time to time.
SECTION 6
LATE PAYMENTS
In the event of any failure to pay Rent or to make any other payment due
Landlord hereunder in the manner of time provided for herein, Tenant shall pay
to Landlord upon demand an administrative charge in the amount of One Hundred
and No/100 Dollars ($100.00) for any payment not made by the fifth (5th) day
after its due date.
SECTION 7
INSUFFICIENT CHECKS
Tenant shall pay to Landlord upon demand a charge of Fifty and No/100
Dollars ($50.00) for each check tendered to Landlord in payment of Rent or any
other payment due Landlord hereunder which is returned to Landlord by Tenant's
bank for any reason not the fault of the Landlord.
SECTION 8
UTILITIES
Tenant shall arrange and pay for all utilities furnished to the Premises
during the term of this Lease, including water, sewer, trash, electricity, gas,
telephone service and janitorial service. In no event shall Landlord be liable
for any interruption or failure of utility service to the premises unless caused
by the gross negligence or willful misconduct of Landlord.
SECTION 9
REPAIRS AND MAINTENANCE
Tenant shall at its expense, maintain in good condition, the roof, walls,
foundation, structural portions of the Premises, including carpets, window
coverings, interior fixtures, heating and air conditioning equipment, presently
in place or added by the Tenant or Landlord except when such damages is caused
by the Landlord, its agents or employees. In addition, Tenant shall maintain the
exterior landscape areas and sprinkler system, if any, and the parking lot. Any
repairs or modifications required by the Americans With Disabilities Act or
local law will be accomplished by Tenant at its expense. Landlord makes no
representations whether the premises complies with the American With
Disabilities Act.
SECTION 10
ENVIRONMENTAL
If any government or local agency requires and inspection for toxic or
hazardous materials prior to a new tenancy, Landlord shall bear the cost of such
inspection. If governmental authority requires the removal of hazardous
materials from the lands, subject to this Lease prior to April 5, 1997, it will
be the Landlord's responsibility to remove the offensive material. If said
material is removed from an area that lies below the parking lot, Landlord shall
immediately repair any and all damage thereto. However, Landlord will not be
responsible for any consequential or incidental damages, including, but not
limited to, lost sales or profits, suffered by Tenant.
During the entire term of this Lease (including any period of time Tenant
occupies any part of the Premises prior to the Commencement Date of the term of
the Lease) and including any extensions or renewals thereof, Tenant shall fully
and strictly comply with all federal, state and local laws, ordinances, rules
and regulations now or at any time hereafter in effect which regulate, relate
to, or impose liability or standards of conduct concerning any Hazardous
Substances (as such term is hereafter defined), including, without limitation,
the Comprehensive Environmental Response, Compensation and Liability Act and any
so-called federal, state of local "Superfund" or "Superlien" laws (collectively,
the "Environmental Laws"), and which directly or indirectly affect Tenant's
business and Tenant's use of the Premises; and Tenant hall not permit the
Premises to be used to store or otherwise handle Hazardous Substances except
where stored where stored in sealed containers and in quantities normally
associated with Tenant's business conducted on the Premises or for office
maintenance and cleaning and in those instances, the Hazardous Substances shall
be handled or stored in compliance with all Environmental Laws. Tenant
acknowledges that is compliance shall include, by way of illustration and not by
way of limitation, the completions and timely filing of all reports and
statements required pursuant to or imposed from time to time in connection
therewith; and the timely disclosure to Landlord upon request of any information
requested by Landlord when and as required pursuant to the Environmental Laws,
as the same may be amended or replaced from time to time, in order to permit
Landlord or others to make full and complete disclosures or filings as required
pursuant to such laws.
Should a release of any Hazardous Substances onto or from the Premises or
land occur as a result of any intentional or unintentional act or omission on
the part of Tenant or any other person, Tenant shall immediately notify Landlord
thereof and, if such release is due to any act or omission of Tenant or of any
of Tenant's employees, agents, invitees, licensees, subtenants or assignees, as
soon as possible thereafter Tenant shall conduct and complete or cause to be
conducted or completed any and all remedial work reasonably required to clean up
and remove all such Hazardous Substances in accordance with and to the extent
required by all applicable Environmental Laws and any orders or directives of
any federal, state or local governmental authorities charged with responsibility
or authority pursuant to such Environmental Laws.
Tenant shall hold Landlord, its officers, directors, partners, agents and
employees (as the case may be) harmless from an indemnified against all claims,
penalties, fines, liabilities, settlements, damages and costs (including, but
not limited to, reasonable attorneys' and other consultants' fees, investigation
or laboratory fees, court costs and litigation expenses) arising out of, or as a
result of (a) the presence, disposal, release or threatened release of any
Hazardous Substances on, over, under, from or affecting the Premises or land
caused or permitted by, attributed or related to or otherwise arising out of the
use and occupancy of the Premises by Tenant or by anyone acting by, through or
under Tenant, including, without limitation, any of Tenant's employees, agents,
invitees, licensees, subtenants or assignees; (b) any personal injury (including
wrongful death) or property damage (real or personal) arising out of or relating
to any such presence, disposal, release or threatened release of any Hazardous
Substances; (c) any violation of or failure to comply with any Environmental
Laws or any orders, requirements or demands of any governmental authorities
which are based upon or in any way related to any such presence, disposal,
release or threatened release of any Hazardous Substances; or (d) Tenant's
failure to comply with any of the requirements of this Section of the Lease.
Tenant shall hold Landlord, its officers, directors, partners, agents and
employees (as the case may be) harmless from an indemnified against all claims,
penalties, fines, liabilities, settlements, damages and costs (including, but
not limited to, reasonable attorneys' and other consultants' fees, investigation
or laboratory fees, court costs and litigation expenses) arising out of, or as a
result of (a) the presence, disposal, release or threatened release of any
Hazardous Substances on, over, under, from or affecting the Premises or land
caused or permitted by, attributed or related to or otherwise arising out of the
use and occupancy of the Premises by Landlord, or by anyone acting by, through
or under Landlord (except Tenant), including, without limitation, any of
Landlord's employees, agents, invitees, licensees, subtenants or assignees; (b)
any personal injury (including wrongful death) or property damage (real or
personal) arising out of or relating to any such presence, disposal, release or
threatened release of any Hazardous Substances; (c) any violation of or failure
to comply with any Environmental Laws or any orders, requirements or demands of
any governmental authorities which are based upon or in any way related to any
such presence, disposal, release or threatened release of any Hazardous
Substances; or (d) Landlord's failure to comply with any of the requirements of
this Section of the Lease.
For purposes of this Lease, the term "Hazardous Substances" shall mean and
include (a) any asbestos, PCBs or dioxins; (b) any petroleum products; (c) any
waste, substance, material, pollutant or contaminant defined as hazardous or
toxic in (or for purpose of) the Comprehensive Environmental Response,
Compensation of Liability Act or any other applicable Environmental Laws, as the
same may heretofore or hereafter be enacted or amended; and (d) any waster,
substance, material, pollutant or contaminant either (i) defined as hazardous or
toxic in (or for purposes of) or (ii) the presence, disposal, release or
threatened release of which on, onto or from any Premises including the Premises
or the land) is governed by any other applicable Environmental Laws.
SECTION 11
GLASS
Tenant covenants and agrees to replace any plate glass broken on the leased
Premises during the term of this Lease, except if such damage is caused by the
negligence of the Landlord, its agent or employees.
SECTION 12
DAMAGE OR DESTRUCTION OF PREMISES
If the Premises are damaged or partially destroyed by fire, casualty or
other cause during the term of the Lease or any extension thereof, Landlord
shall promptly repair them to the condition which Landlord furnished to Tenant
upon the commencement of the term of this Lease. The Premises shall be repaired
within one hundred twenty (120) days of the date of the damage or destruction.
Rent, and all other charges shall be abated only in the event the damage
and subsequent repair operations prohibit business to be conducted on the
Premises by Tenant.
SECTION 13
NON-LIABILITY OF LANDLORD FOR DAMAGES
Landlord shall not be responsible for liability or damage claims for injury
to persons or property for any cause relating to the occupancy of the Premises
by Tenant. Tenant shall indemnify Landlord from all liability, loss or other
damage claims for obligations resulting from any injuries or losses of this
nature, including reasonable attorney's fees and court costs incurred by
Landlord in defending any such claims, except when caused by the negligence of
the Landlord, its agent, servants or employees.
SECTION 14
FIRE INSURANCE
Tenant covenants and agrees, as a material inducement for entering into
this Lease, to obtain and continue in full force and effect throughout the term
of this Lease, a standard fire and extended coverage insurance policy in an
amount sufficient to cover the full replacement cost or insurable value
(whichever is less) of the Premises, and shall name Landlord as a primary or an
additional insured. Such insurance policy shall be written by a responsible
mutually covenant and agree, as a material inducement for entering into this
Lease, that any insurance proceeds shall be applied exclusively to the cost of
repairing or rebuilding the Premises. Landlord agrees to reasonably cooperate
with Tenant in obtaining such insurance policy.
Tenant is responsible for its own insurance to cover its own contents
located in the Premises, and all personal property and equipment included in the
Premises. Landlord shall not be liable for any damage to the property or person
of any of the Tenant's officers, employees, agents, invitees or guests from
perils customarily covered by fire and extended coverage insurance, liability
insurance or acts of God.
SECTION 15
LIABILITY INSURANCE
Tenant shall procure and maintain in full force, at its expense, during the
term of this Lease, and any extension thereof, for the benefit of Landlord or
Tenant and Landlord, general or public liability insurance which shall be
adequate to protect against liability for damage claims through public use of or
arising out of any accident occurring in or around the leased Premises, in a
minimum amount of $100,000.00 for each person injured, $300,000.00 for any one
accident, and $50,000.00 for property damage. Landlord shall be the primary
insured or an additional named insured in such policy and Tenant shall furnish
Landlord with a Certificate of Insurance with reference to the same. Landlord
agrees to reasonably cooperate with Tenant in obtaining such insurance policy.
SECTION 16
IMPROVEMENTS OR ADDITIONS BY TENANT
During the term of this Lease, Tenant shall have the right and privilege of
remodeling or altering the interior of the Premises, including installation of
additional portions, complying with all codes, ordinances and laws in effect at
the time of remodeling. No alterations or improvements effecting the structural
portion of the building shall be made by Tenant without the written consent of
Landlord. Tenant shall be permitted, within ten (10) days after the expiration
or sooner termination of this Lease, to remove any additions or improvements
made by it, provided, however, that it repairs any damage to the Premises caused
by such removal or pays for any damages caused by such removal and further
provided, that any such addition or improvement not removed within ten (10) days
shall be deemed abandoned and shall, thereupon, become property of Landlord
without compensation to Tenant.
SECTION 17
ENCUMBRANCES
This Lease is subject and subordinate to any mortgage with which the
Landlord may now or hereafter encumber the Property and to all renewals,
modifications, consolidations, replacements and extensions thereof. This cause
shall be self-operative and no further instrument of subordination need be
required by a mortgagee. In confirmation of such subordination, however, Tenant
shall, within twenty (20) days of Landlord's receipt of written notice, promptly
execute any instrument evidencing such subordination. In the event of
foreclosure under any mortgage, Tenant shall, upon request of any person or
party succeeding to the interest of Landlord as a result of such foreclosure,
automatically become the Tenant of such successor in interest without change in
the terms or other provisions of this Lease and, upon request by such successor
in interest, Tenant shall execute and deliver instrument(s) confirming the
attornment provided for herein; provided the transferee with the material terms
of this Lease to which transferee will be bound and required to fulfill the
obligations of "Landlord". Notwithstanding the foregoing to the contrary, in no
event shall Tenant be required to submit Tenant's financial statement(s), to any
successor landlord.
SECTION 18
MORTGAGING
Tenant shall not be entitled to mortgage, pledge, grant deeds of trust, or
otherwise encumber Tenant's leasehold interest under this Lease, or to assign,
hypothecate or pledge same as security, for any debt without Landlord's prior
consent, which consent shall not be unreasonably withheld. Any attempted
mortgage or encumbrance by Tenant of Tenant's leasehold interest herein without
Landlord's prior written consent shall be null and void.
SECTION 19
CONSTRUCTION LIENS
Tenant shall not permit any construction, mechanics or materialmen lien or
any other liens to be placed upon the Premises, or any improvements located
therein, during the Lease terms, caused by or resulting from any work performed,
materials furnished or obligation incurred by or at the request of Tenant. In
the case of the filing of any lien on the interest of Landlord or Tenant in the
Premises, Tenant shall cause the same to be discharged or recorded by payment of
the amount claimed to be due or by posting of the necessary bond within thirty
(30) days after the filing of same. A failure by Tenant to do so shall
constitute an event of default by Tenant under this Lease.
SECTION 20
LIEN WAIVER
Landlord hereby waives any lien Landlord may have pursuant to this Lease or
under law upon any personal property of Tenant, including inventory, to the
extent a security interest or lien may attach to same in favor of anyone other
than Landlord. In such circumstances, Landlord shall execute and deliver to
Tenant an appropriate lien waiver to effectuate this section within twenty (20)
days of Tenant's written request for such waiver.
SECTION 21
TENANT'S REMEDIES ON DEFAULT
In the event of any material and significant default by Landlord in the
performance of any material and significant promise or obligation to be kept or
performed hereunder and the default continues for a period of thirty (30) days
after receipt by Landlord or a written notice from Tenant specifying the
default, in such event Tenant, at its election, can declare this Lease
terminated, null and void and vacate the Premises within an additional period of
thirty (30) days, paying rent only to the date of said vacating.
SECTION 22
LANDLORD'S REMEDIES ON DEFAULT
If (i) Tenant fails to make any payment of Base Rent or additional rent or
payment required under this Lease when due, and such amount remains unpaid for a
period of ten (10) days following written notice to Tenant of such failure; (ii)
Tenant fails to comply with any term, provision, condition or covenant of this
Lease or any of the rules and regulations now or hereafter established for the
governance of the Premises for a period of thirty (30) days, following notice
from Landlord of such failure to comply or, if such failure is not susceptible
to cure within such thirty (30) days, Tenant has not instituted and diligently
pursued good faith efforts to cure such failure within such thirty (30) day
period; (iii) any petition is filed by or against Tenant under a section or
chapter of the Bankruptcy Code, as amended, or under any similar law or statute
of the United States or any state thereof and such petition is not discharged
within sixty (60) days from the date of its filing; (iv) Tenant becomes
insolvent or makes a transfer in fraud of creditors; (v) Tenant makes an
assignment for the benefit of creditors; (vi) a receiver is appointed for Tenant
or any of the assets of Tenant; (vii) Tenant fails to discharge any
construction, mechanics or materialmen lien in the manner and in the time period
described in Section 26, above; or (viii) Tenant vacates the Premises for more
than ten (10) days; then in any of such events, Landlord acknowledges that
Tenant shall have the right to close the business temporarily in order to retake
the Premises from the Tenant. Landlord shall have the option to do nay one or
more of the following with notice or demand, in addition to and not in
limitation of any other remedy permitted by law or in equity or by this Lease:
(a) Terminate this Lease, in which event Tenant shall immediately surrender
the Premises to Landlord, but if Tenant shall fail so to do, Landlord may, with
notice and without prejudice to any other remedy Landlord may have, enter upon
and take possession of the Premises and expel or remove Tenant and its effect by
force if necessary, without being liable to prosecution or any claim for damages
therefore; and Tenant agrees to indemnify Landlord for all loss and damage which
Landlord may suffer by reason of such termination, whether through inability to
relet the Premises on satisfactory terms, or through decrease in rent, or
otherwise.
(b) Enter upon and take possession of the leased Premises as agent of
Tenant, by force if necessary, without being liable to prosecution or any claim
for damages therefor and without terminating this Lease, and, thereupon,
Landlord may relet the Premises as agent of Tenant and receive rent therefore;
and in such event, Tenant shall pay Landlord the reasonable cost of renovating,
repairing and altering the Premises for a new tenant or tenants and any
deficiency in rent that may arise by reasons of such reletting. Landlord
acknowledges an affirmative duty to mitigate damage.
SECTION 23
SURRENDER OF PREMISES
Tenant shall surrender the Premises at the end of the Term, or any
extension thereof, in the same condition as when it took possession. Tenant
shall not be responsible for any repairs of alterations beyond those required to
restore the Premises to a condition substantially similar to the condition of
the Premises at the commencement of this Lease, reasonable wear and tear
excepted.
SECTION 24
HOLDING OVER
The failure of Tenant to surrender the Premises upon the termination of the
initial Lease term or renewal term, and subsequent holding over by Tenant,
without consent of the Landlord shall result in the creation of a tenancy at
sufferance whereupon Landlord shall be entitled to collect 125% of the Base Rent
Tenant. This provision does not give Tenant any right to hold over. All other
terms and condition of this Lease shall remain in full force during any extended
tenancy hereunder.
SECTION 25
ATTORNMENT
In the event Landlord sells, conveys or otherwise transfers its interest in
the property or any portion thereof containing the Premises, whether said
transfer is voluntary or otherwise, or through bankruptcy or foreclosure, this
Lease shall remain in full force and effect and the new owner agrees, within ten
(10) days written request, to confirm in writing, the continued validity of this
Lease. Tenant hereby attorns to and covenants and agrees, within ten (10) days
of Tenant's receipt of a written request, to execute an instrument in writing
reasonably satisfactory to the new owner whereby Tenant attorns to such
successor in interest and recognizes such successor as the Landlord under this
Lease.
SECTION 26
ESTOPPEL CERTIFICATE
Tenant will, at any time and from time to time, upon not less than ten (10)
days prior request from Landlord, execute, acknowledge and deliver to Landlord,
a statement ("Tenant's Estoppel Certificate") in writing certifying that Tenant
is in possession of the Premises under the terms of this Lease, that this Lease
is unmodified and in full effect (or, if there have been modifications, that
this Lease is in full effect as modified, and setting forth such modification),
stating the dates to which the rent has been paid, and either stating that, to
the knowledge of Tenant, no default exists hereunder, or specifying each such
default of which Tenant may have knowledge, and such other matters as may be
reasonably requested by Landlord. Within ten (10) days of written notice from
Tenant, Landlord agrees to execute and deliver to Tenant similar documents.
SECTION 27
ASSIGNMENT, SUBLEASE OR LICENSE
Tenant shall not assign this Lease or sublease the Premises, or any right
or privilege connected therewith, or allow any other person, except agents,
employees, and customers of the Tenant, to occupy the Premises or any part
thereof, without first obtaining the written consent of Landlord. A consent by
Landlord shall not be a consent for a subsequent assignment, subleased or
occupation by other persons. An unauthorized assignment, sublease or license to
occupy of Tenant shall be void and shall terminate this Lease at the option of
the Landlord. The interest of the Tenant in this Lease is not assignable by
operation of law, without the written consent of the Landlord.
SECTION 28
CONDEMNATION
If the whole or any part of the Premises shall be taken by any lawful
authority under the power of eminent domain, then this Lease and the term
demised shall thereupon terminate and Tenant shall be liable for rent only up to
the date of such termination.
In the event of the partial or complete taking of the improvements, as
aforesaid, Tenant shall only be entitled to participate in any awards for such
taking to the extent that any such award includes the loss, if any, sustained by
Tenant for loss of business, goodwill and moving expense. Any recovery by Tenant
will be against the taking government entity, and not against the Landlord.
SECTION 29
LANDLORD TO HAVE ACCESS
Landlord hereby expressly reserves the right to enter the Premises or any
part thereof, at any time in any event of emergency. Furthermore, Landlord may
enter the Premises after one (1) day notice to make inspection and repairs, to
exhibit the Premises to prospective tenants, purchasers, or others, and to
perform any acts related to safety, protection, preservation or improvements of
the Premises.
Tenant shall have the right to peacefully hold and enjoy the leased
Premises without unreasonable hindrance or interruption by Landlord or any
persons claiming by, through or under him until the end of this Lease term or
any extension of renewal hereof.
SECTION 30
NOTICES
Any notice which is to be given to either Landlord or Tenant shall be
deemed sufficiently given if sent by Certified or Registered Mail, postage
prepaid, adduced as follows:
Tenant: Team Automobile Sales & Finance, Inc.,
d/b/a Team Automobile Sales & Finance
0000 00xx Xxxxxx Xxxxx
Xxxxxxxx Xxxx, Xxxxxxx 00000
Landlord: Xxxx X. Xxxxx
c/o Smart Choice Automotive Group, Inc.
0000 Xxxxx Xxxxxxxxxx Xxxxxx
Xxxxxxxxxx, Xxxxxxx 00000
The customary receipt shall be conclusive evidence of service, and notices
shall be effective as of the date of mailing thereof. Landlord agrees to accept
rent at the above referenced address.
Any change in the entity to whom rent is due must be authorized in writing
by the named landlord, its mortgagor or by court order. Absent such acceptable
authorization, Tenant shall not be in default of this Lease if it continues to
pay rent as specified herein.
SECTION 31
ENTIRE AGREEMENT
Landlord and Tenant agree that there are no oral agreements affecting this
Lease. The parties further agree that no alteration, amendment, change or
addition to this Lease shall be binding upon either party unless reduced to
writing and signed by each party.
SECTION 32
RECORDING
Neither this Lease nor a memorandum of this Lease may be recorded in the
public record any jurisdiction.
SECTION 33
TIME
Time shall be of the essence with respect to all terms under this Lease.
SECTION 34
WAIVER
No waiver by either of the parties hereto of any provision or breach hereof
shall be deemed a waiver of any other provision or of any subsequent breach by
the Tenant or the Landlord of the same or any other provisions. The Landlord's
or Tenant's consent to or approval of any act shall not be deemed to render
unnecessary the obtaining of the Landlord's or the Tenant's consent to or
approval of any subsequent act.
No remedy or election hereunder shall be deemed exclusive, but shall,
whenever possible, be cumulative with all other remedies at law or in equity.
SECTION 35
HEADINGS
This instrument's section headings are for quick reference and convenience
only and do not alter, amend or otherwise affect the terms, conditions and
agreements set out herein.
SECTION 37
LITIGATION
In the event of litigation between the Landlord and the Tenant relative to
rights, obligations and duties of either party under this Lease, the prevailing
party shall be entitled to an award of reasonable attorneys' fees and costs,
including those incurred prior to the commencement of litigation and at the
trial and appellate levels. In addition, both parties hereby waive their rights
to a trial by jury.
SECTION 38
SEVERABILITY
Should any provision of this Lease be or become invalid, void, illegal or
not enforceable, it shall be considered separate and severable from the Lease
and the remaining provisions shall remain in force and be binding upon the
parties hereto as though such provision had not been included.
XXXXXXX 00
XXXXX XXXXXXX
If either party fails to perform any of its obligations under this Lease as
a result of Force Majeure, such party shall not be liable for loss or damage for
the failure and the other party shall not be released from any of its
obligations under this Lease. If either party is delayed or prevented from
performing any of its obligations as a result of Force Majeure, the period of
delay or prevention shall be added to the time herein provided for the
performance of any such obligation.
"Force Majeure" shall mean any period of delay which arises from or through
Acts of God; strikes, lockouts or labor difficulty; explosion, sabotage, riot or
civil commotion; act of war; fire or other casualty; legal requirements; and
causes beyond the reasonable control of a party.
SECTION 40
CONSTRUCTION
Should any provision of this Lease require judicial interpretation, the
parties hereto agree that the court interpreting or construing this Lease shall
not apply a presumption that the terms hereof shall be more strictly construed
against one party by reason of the rule of construction that a document is to be
more strictly construed against the party who itself or through its agent
prepared the same, it being agreed that Landlord, Tenant and their respective
agents have participated in the preparation thereof.
SECTION 41
RADON GAS
"Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to
persons who are exposed to it over time. Levels of radon that exceed federal and
state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your county public health
unit." Radon, an odorless, invisible and naturally occurring gas is often found
inside tightly sealed buildings. The gas has been linked to lung cancer, with
susceptibility heightened among smokers.
IN WITNESS WHEREOF, the parties have executed and delivered this Lease as
of the date first above written.
WITNESS: TEAM AUTOMOBILE SALES &
FINANCE, INC. D/B/A TEAM
AUTOMOBILE SALES & FINANCE
/s/ Xxxxxxx XxXxxxxxx By: /s/ X.X. Xxxx
--------------------- ------------------
Xxxxxxx XxXxxxxxx X.X. Xxxx
Its: President
WITNESS:
/s/ Xxxxx Xxxxxx /s/ Xxxx X. Xxxxx
---------------- -----------------
Xxxxx Xxxxxx Xxxx X. Xxxxx, Individually
/s/ Xxxxx Righmyer
------------------
Xxxxx Righmyer
