EXHIBIT 10.9
COMMERCIAL LEASE
This lease is made between Xxxxx XxXxxxxx, herein called Lessor, and
New England Wireless, Inc., herein called Lessee.
Lessee hereby offers to lease from Lessor the premises situated in the
City of Jericho, County of Xxxxxxxxxx, State of Vermont, described as 630
square feet, 14x 45, gated area, right end side of Xxxx-Xxxx warehouse, rt.
15, upon the following TERMS and CONDITIONS:
1. Term and Rent. Lessor demises the above premises for a term of 1
years, commencing January 1, 1997 and terminating on December 31, 1997 or
sooner as provided herein at the annual rental of ($) 2,220.00 payable in
equal installments in advance on the first day of each month for that
month's rental, during the term of this lease. All rental payments shall be
made to Lessor, at the address specified below.
2. Use. Lessee shall use and occupy the promises for storage of
business related equipment. The premises shall be used for no other
purpose. Lessor represents that the premises may lawfully be used for such
purpose.
3. Care and Maintenance of Premises. Lessee acknowledges that the
premises are in good order and repair, unless otherwise indicated herein.
Lessee shall, at his own expense and at all times, maintain the Premises in
good and safe condition, including plate glass, electrical wiring, plumbing
and heating installations and any other system or equipment upon the
premises, and shall surrender the same at termination hereof, in as good
condition as received, normal wear and tear excepted. Lessee shall be
responsible for all repairs required, excepting the roof, exterior walls,
structural foundations, and: keep rentant area clean, safe and keep access
way open. No utilities are included with the lease. Tenant will provide
copy of insurance.
4. Alterations. Lessee shall not, without first obtaining the
written consent of Lessor, make any alterations, additions, or improvements,
in, to or about the premises.
5. Ordinances and Statutes. Lessee shall comply with all statutes,
ordinances and requirements of all municipal, state and federal authorities
now in force, or which may hereafter lie in force, pertaining to the
premises, occasioned by or affecting the use thereof by Lessee.
6. Assignment and Subletting. Lessee shall not assign this lease or
sublet any portion of the premises without prior written concert of the
Lessor, which shall not be unreasonably withhold. Any such assignment or
subletting without consent shall be void and, at the option of the Lessor,
may terminate this lease.
7. Utilities. All applications and connections for necessary utility
services on the demised premises shall be made in the name of Lessee only,
and Lessee shall be solely liable for utility charges as they become due,
including those for sewer, water, gas, electricity, and telephone services.
8. Entry and Inspection. Lessee shall permit Lessor or Lessor's
agents to enter upon the premises at reasonable times and upon reasonable
notice, for the purpose of inspecting the same, and will permit Lessor at
any time within sixty (60) days prior to the expiration of this lease, to
place upon the premises any usual "To Let" or "For Lease" signs, and permit
persons desiring to lease the same to inspect the premises thereafter.
9. Possession. If Lessor is unable to deliver possession of the
premises at the commencement hereof, Lessor shall not be liable for any
damage caused thereby, nor shall this lease be void or voidable, but Lessee
shall not be liable for any rent until possession is delivered. Lessee may
terminate this lease if possession is not delivered within 5 days of the
commencement of the term hereof.
10. Indemnification of Lessor. Lessor shall not be liable for any
damage or injury to Lessee, or any other person, or to any property,
occurring on the demised premises or any part thereof, and Lessee agrees to
hold Lessor harmless from any claim for damages, no matter how caused.
11. Insurance. Lessee, at his expense, shall maintain plate glass
and public liability insurance including bodily injury and property damage
insuring Lessee and Lessor with minimum coverage as follows:
Lessee shall provide Lessor with a Certificate of Insurance showing
Lessor as additional insured. The Certificate shall provide for a ten-day
written notice to Lessor in the event of cancellation or material change of
coverage. To the maximum extent permitted by insurance policies which may
be owned by Lessor or Lessee, Lessee and Lessor, for the benefit of each
other, waive any and all rights of subrogation which might otherwise exist.
12. Eminent Domain. If the promises or any part thereof or any estate
therein, or any other part of the building materially affecting Lessee's use
of the premise, shall be taken by eminent domain, this lease shall terminate
on the date when title vests pursuant to such taking. The rent, and any
additional rent, shall be apportioned as of the termination date, and any
rent paid for any period beyond that date shall be repaid to Lessee, Lessee
shall not be entitled to any part of the award for such taking or any
payment in lieu thereof, but Lessee may file a claim for any taking of
fixtures and improvements owned by Lessee, and for moving expenses.
13. Destruction of Premises. In the event of a partial destruction of
the premises during the term hereof, from any cause, Lessor shall forthwith
repair the same, provided that such repairs can be made within sixty (60)
days under existing governmental laws and regulations, but such Partial
destruction shall not terminate this lease, except that Lessee shall, be
entitled to a proportionate reduction of rent while such repairs are being
made, based upon the extent to which the making of such repairs shall
interfere with the business of Lessee on the premises. If such repairs
cannot be made within said sixty (60) days, Lessor, at his option, may make
the same within a reasonable time, this lease continuing in effect with the
rent proportionately abated as aforesaid, and in the event that Lessor shall
not elect to make such repairs which cannot be made within sixty (60) days,
this lease may be terminated at the option of either party. In the event
that the building in which the demised premises may be situated is destroyed
to an extent of not less than one-third of the replacement costs thereof,
Lessor may elect to terminate this lease whether the demised premises be
injured or not. A total destruction of the building in which the premises
may be situated shall terminate this lease.
14. Lessor's Remedies on Default. If Lessee defaults in the payment
of rent, or any additional rent, or defaults in the performance of any of
the other covenants or conditions hereof, Lessor may give Lessee notice of
such default and if Lessee does not cure any such default within 10 days,
after the giving of such notice (or if such other default is of such nature
that it cannot be completely cured within such period, if Lessee does not
commence such curing within such 20 days and thereafter proceed with
reasonable diligence and in good faith to cure such default), then Lessor
may terminate this lease on not less than 25 days' notice to Lessee. On the
date specified in such notice the term of this lease shall terminate, and
Lessee shall then quit and surrender the premises to Lessor, but Lessee
shall remain liable as hereinafter provided. If this lease shall have been
so terminated by Lessor, Lessor may at any time thereafter resume possession
of the premises by any lawful means and remove Lessee or other occupants and
their effects. No failure to enforce any term shall be deemed a waiver.
15. Security Deposit. Lessee shall deposit with Lessor on the
signing of this lease the sum of three hundred fifty one, seventy six cents
(prepaid) Dollars ($) 351.76 as security deposit for the performance of
Lessee's obligations under this lease, including without limitation, the
surrender of possession of the premises to Lessor as herein provided. If
Lessor applies any part of the deposit to cure any default of Lessee, Lessee
shall on demand deposit with Lessor the amount so applied so that Lessor
shall have the full deposit on hand at all times during the term of this
lease.
16. Tax Increase. In the event there is any increase during any year
of the term of this lease in the City, County or State real estate taxes
over and above the amount of such taxes assessed for the tax year during
which the term of this lease commences, whether because of increased rate or
valuation, Lessee shall pay to Lessor upon presentation of paid tax bills an
amount equal to 50 % of the increase in taxes upon the land and building in
which the leased premises are situated. In the event that such taxes are
assessed for a tax year extending beyond the term of the lease, the
obligation of Lessee shall be proportionate to the portion of the lease term
included in such year.
17. Common Area Expenses. In the event the demised premises are
situated in a shopping center or in a commercial building in which there are
common areas, Lessee agrees to pay his pro-rata share of maintenance, taxes,
and insurance for the common area.
18. Attorney's Fees. In case suit should be brought for recovery of
the premises, or for any sum due hereunder, or because of any act which may
arise out of the possession of the premises, by either party, the prevailing
party shall be entitled to all costs incurred in connection with such
action, including a reasonable attorney's fee.
19. Notices. Any notice which either party may, or is required to
give, shall be given by mailing the same, postage prepaid, to Lessee at the
premises, or Lessor at the address shown below, or at such other places as
may be designated by the parties from time to time.
20. Heirs, Assigns, Successors. This lease is binding upon and
inured to the benefit of the heirs, assigns and successors in interest to
the parties.
21. Option to Renew. Provided that Lessee is not in default in the
performance of this lease, Lessee shall have the option to renew the lease
for an additional term of 12 months commencing at the expiration of the
initial lease term. All of the terms and conditions of the lease shall
apply during the renewal term except that the monthly rent shall be the sum
of $185.00. The option shall be exercised by written notice given to Lessor
not less than 30 days prior to the expiration of the initial lease term. If
notice is not given in the manner provided herein within the time specified,
this option shall expire.
22. Subordination. This lease is and shall be subordinated to all
existing and future liens and encumbrances against the property.
23. Entire Agreement. The foregoing constitutes the entire Agreement
between the parties and may be modified only by a writing signed by both
parties. The following Exhibits, if any, have been made a part of this
lease before the parties' execution hereof: Exhibit 1 shows location of
rental area, lessor will keep the driveway free of snow so as to provide
adequate entrance for lessee.
Signed this 1st day of January, 1997.
By: /S/__________________________ By: /S/_________________________
Lessee: New England Wireless, Inc. Lessor: Xxxxx XxXxxxxx
X.X. Xxx 000
Xxxxxxxx, Xx. 00000
000-0000
fax: 000-0000
Please mail rent to:
Xxxxx XxXxxxxx Rent is due on the 1st of each month
X.X. Xxx 000
Xxxxxxxxxxxxxx, Xx. 00000
all inquiries: 644-2231
