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EXHIBIT 10.35
State of Washington
County of Xxxxxx
This lease, made this 31st day of December, 1991, by and between Xxxx Xxxxx of
Tacoma, WA, hereinafter called the lessor, and T & W Leasing of Tacoma, WA,
hereinafter called the lessee witnesseth:
That, subject to the terms and conditions hereinafter set out, the lessor
hereby lets and leases unto the lessee that land and the building thereon known
as 0000 Xxx. Xxx X., xx xxx Xxxx xx Xxxxxx, XX and more particularly described
on Schedule A attached.
1. Term and Rental. The term of this lease shall be three years from the 31st
day of December, 1991, at an annual rental of Thirty-six thousand dollars
($36,000) payable in equal monthly installments of Five thousand dollars
($5,000), in advance on the 1st day of each month, the first payment to be made
on the 1st day of January, 1955.
2. Covenants of Lessee. The lessee hereby covenants and agrees:
a. TO PAY RENT. That it will pay the said rent at the times and in the
manner set out above, except only in the case of fire or other
casualty as hereinafter provided.
b. TO PAY UTILITIES. That it will promptly pay all gas, electric, water
and telephone charges which may become payable during the term of
this lease for gas, electricity, water and telephone service
consumed on or rendered to the leased premises.
c. TO KEEP IN REPAIR AND IN GOOD CONDITION. That it will keep the
leased premises, excluding the parking lot and the walls, roof and
other structural members of the building including the heating and
air-conditioning equipment, in such repair as the same are at the
commencement of said term, reasonable wear and tear and damage by
fire or other unavoidable casualty excepted. It is explicitly agreed
that the duty of the lessee under this covenant shall include
furnishing all necessary janitorial and cleaning services, care and
maintenance of the grounds surrounding the building (excluding the
parking lot) and any interior renovation or redecoration not
involving structural changes.
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d. NOT TO INJURE OR DEFACE. That it will not injure, overload or
deface or allow to be injured, overloaded or defaced, the
premises or any part thereof.
e. NOT TO MAKE UNLAWFUL USE, ETC. That it will not make, or allow
to be made, any unlawful, improper or offensive use of the
premises which would be injurious to any person or property, or
which would violate the laws of the State of Washington or of
the United States, or any ordinance of the City of Tacoma, or
which would affect or endanger any insurance on said building
or increase the premium thereof.
f. NOT TO MAKE ALTERATIONS. That it will not make any alterations
or additions in and to the premises without the written consent
of the lessor.
g. NOT TO ASSIGN. That it will not assign, sublet or part with the
possession of all or any part of the leased premises without the
written consent of the lessor.
h. TO PERMIT LESSOR TO ENTER. That it will allow the lessor, at all
reasonable times to enter and view the premises and to make any
repairs which he or she may see fit to make.
i. TO YIELD UP PREMISES. That at the expiration of the terms of
this lease, it will peaceably yield up to the lessor the
premises and all buildings thereon, in good repair in all
respects, reasonable use and wear and damage by fire and other
unavailable casualties excepted.
j. TO INDEMNIFY AGAINST ACCIDENTS AND NEGLIGENCE. That it will save
harmless and indemnify the lessor from and against all loss,
liability or expense that may be incurred by reason of any claim
arising out of or in connection with lessee's occupancy and use
of the leased premises, including any accident with the
appliances and fixtures installed by the lessee or the gas,
water or other pipes or from any damage or neglect arising from
or in any way connected with the use, misuse or abuse of the
city water or from any neglect in not removing snow and ice from
the sidewalks or roof of the building.
k. TO BEAR RISK FOR CONTENTS. That all property of any kind that
may be on the premises during the continuance of this lease
shall at the sole risk of the lessee, and that the lessor shall
not be liable to the lessee or any other person for any injury,
loss or damage to property or to any person on the premises.
l. TO PAY TAXES. That it will pay the real estate and personal
property taxes assessed upon the premises during said term as
they shall fall due.
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m. TO PAY INSURANCE PAYMENTS. That it will pay all premiums on the
policies of fire and/or casualty insurance covering said premises
and in such amounts as may be required by lessor.
n. NO WAIVER. That no assent, expressed or implied, by the lessor to
any breach of any lessee's covenants shall be deemed to be a waiver
of any succeeding breach of the same covenant.
3. Covenants of Lessor. The lessor hereby covenants and agrees:
a. QUIET ENJOYMENT. That the lessee shall peaceably hold and enjoy
the leased premises.
b. FIXTURES. That it will allow the lessee to install such fixtures
and appliances as may be necessary for the proper conduct of its
business and, at the expiration of the term of this lease, that it
will allow the lessee a reasonable length of time (but not to
exceed thirty (30) days) to remove any and all such fixtures which
may be movable.
c. FIRE OR OTHER UNAVOIDABLE CASUALTY. In case the premises or any
part thereof shall at any time during the term of this lease be
destroyed or damaged by fire or other unavoidable casualty so as to
be unfit for occupancy and use and so that the premises cannot
be restored or rebuilt by the lessor within 60 days thereafter, this
lease shall terminate; but if said premises can be restored or
rebuilt within 90 days the lessor at its own expense and with due
diligence, shall so restore or build the premises, and a just and
proportionate part of the rent provided for herein shall be paid by
the lessee until the premises shall have been so restored.
d. RIGHT OF REENTRY. If the lessee shall neglect or fail to perform
any of its covenants, and in particular if any monthly installment
of rent be overdue and unpaid for 30 days, the lessor may,
immediately or at any time thereafter, after 10 days notice, enter
into the premises and repossess the same as of its former estate and
expel the lessee, but without prejudice to any remedies which might
otherwise be used by the lessor for arrears of rent or any other
breach of the lessee's covenants.
e. NOTICE. Whenever notice is required hereunder, it shall be
addressed as follows until written notice of change of address is
given to the other party:
Lessor Lessee
0000 Xxxxx Xxxxx X.X. 0000 Xxxxxxx 00 Xxxx
Xxxxxx, XX 00000 Xxxxxx, XX 00000
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f. NUMBER; GENDER. As the context herein may require, the singular shall be
deemed to include the plural, and the masculine form shall be deemed to
include the feminine and neuter. In witness whereof, the lessor and
lessee have set their hands the day and year first written above.
Lessee: T&W Leasing, Inc.
/s/ M. A. PRICE
----------------------------- Date: 4-1-95
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Lessor: M. A. Price
/s/ M. A. PRICE
----------------------------- Date: 4-1-95
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