EXHIBIT 10.57
NN LEASE FORM 123194
PROJECT North Point
LENDER APP. ________
Rev. 1-24-95
LEASE AGREEMENT
THIS LEASE is made as of the 1st day of February, 1995 by and between
NORTH POINT ASSOCIATES LIMITED PARTNERSHIP, a Virginia limited partnership
(hereinafter referred to as "Landlord") and COMMONWEALTH SCIENTIFIC CORPORATION,
a Virginia corporation, (hereinafter referred to as "Tenant").
WITNESSETH:
In consideration of the mutual agreement hereinafter set forth, the
parties do hereby mutually agree as follows:
1. Premises. Landlord does hereby lease to Tenant and Tenant does hereby
lease from Landlord, for the term and upon the conditions hereinafter provided,
approximately 28,000 square feet of space (hereinafter referred to as the
"Demised Premises") commonly known as 832, 834, 838 and 000 Xxxxx Xxxxx Xxxxxx,
Xxxxxxxxxx, Xxxxxxxx 00000 within the North Point office building complex (the
building and land being hereinafter referred to as the "Property"), together
with a license hereinafter described to the non-exclusive use, in common with
others, of such parking spaces and other facilities designed for common use as
may be installed by Landlord. The Demised Premises are outlined in red on the
plan attached hereto marked as Exhibit A and incorporated herein by reference,
and shall be deemed to be the total square footage described herein, regardless
of actual measurement.
2. Term. (a) The Demised Premises are leased for a term (hereinafter
referred to as the "Term") commencing on the 1st day of February, 1995 (or as
soon thereafter as Landlord shall have made the Demised Premises available for
the Tenant's use and occupancy) and ending on the 31st day of January, 1998,
unless the term shall sooner cease or expire as hereinafter provided.
(b) Omitted.
(c) The taking of possession of the Demised Premises shall be deemed
an acceptance of the same by Tenant.
(d) After the lease commencement date, upon request of either party,
Landlord and Tenant shall promptly execute; acknowledge and deliver to one
another a written instrument certifying the lease commencement date and
expiration date.
(e) If Landlord is unable to deliver possession of the Demised
Premises to Tenant by reason of the holding over or retention of possession by
any tenant or occupant, the lease commencement date shall be extended for such
period of time as may be reasonably necessary to enable Landlord to evict such
tenant or occupant and to deliver possession of the Demised Premises to Tenant.
3. Rental. (a) Tenant shall pay as rent for the Demised Premises
(hereinafter referred to as "Rent") at the office of Landlord herein designated
(or at such other place as Landlord may designate in a notice to Tenant),
without prior demand therefor and without any setoff, deduction or counterclaim
whatsoever, the following sums:
(i) In the first lease year, commencing on February 1, 1995, the sum
of Two Hundred Sixty Thousand and Sixty Four and No/100 Dollars ($260,064.00),
payable in advance in equal monthly installments of Twenty One Thousand Six
Hundred Seventy Two and No/100 Dollars ($21,672.00);
(ii) In the second lease year, commencing on February 1, 1996, the
sum of Two Hundred Sixty Six Thousand Four and No/100 Dollars ($266,004.00),
payable in advance in equal monthly installments of Twenty Two Thousand One
Hundred Sixty Seven and no/l00 Dollars (22,167.00);
(iii) In the third lease year, commencing on February 1, 1997, the
sum of Two Hundred Seventy Three Thousand and No/100 Dollars ($273,000.00),
payable in advance in equal monthly installments of Twenty Two Thousand Seven
Hundred Fifty and No/1000 Dollars ($22,750.00).
(b) If the Term of this Lease begins on a date other than the first day of
a month, Rent from such other date to the first day of the following month shall
be prorated at the rate of one-thirtieth (1/30th) of the fixed monthly Rental
for each day, payable in advance.
4. Additional Rent. (a) Commencing with the calendar year beginning
January 1, 1996, and each subsequent calendar year or portion thereof for the
Term, Tenant agrees to pay Landlord as additional rent (hereinafter referred to
as "Additional Rent") and its pro rata share (as hereinafter defined) of any
increase in Taxes and Assessments above the Base Costs of Taxes and Assessments
(as hereinafter defined).
(b) For purpose of this Lease:
(i) pro rata share shall mean forty one percent (41%)
representing the ratio that the area of the Demised Premises bears to the total
rentable area in the building.
(ii) "Taxes and Assessments" shall mean all taxes and
assessments and governmental charges (including personal property and real
estate taxes), whether federal, state,
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county or municipal, and whether by taxing districts or authorities presently
taxing the Property or by others subsequently created, and any other taxes and
assessments (including franchise taxes) attributable to the Property or its
operation, whether or not directly paid by Landlord, excluding however, federal
and state taxes on income, unless such income taxes replace real estate taxes.
Taxes and Assessments shall be the amount due in cash for any year and shall not
be determined on an accrual or fiscal year basis. It is agreed that Tenant shall
be responsible for ad valorem taxes on its personal property.
(iii) "Base Costs of Taxes and Assessments" shall be the Costs
of Taxes and Assessments incurred in the calendar year 1995.
(c) Landlord shall endeavor to give to Tenant on or before the first
day of April of each year a statement prepared by Landlord's certified public
accountant of the increase in the Additional Rent payment by Tenant hereunder,
but failure by Landlord to give such statement by said date shall not constitute
a waiver by Landlord of his right to require an increase in Additional Rent.
Upon receipt of the statement for the first year, Tenant shall pay, in full, the
total amount of the increase due in the first year. In addition, for the then
current year, an amount equal to 110% of any such increase shall be used as an
estimate for said current year and this amount shall be divided into twelve (12)
equal monthly installments and Tenant shall pay to Landlord concurrently with
the regular monthly Rent Payment next due following the receipt of such
statement, an amount equal to one (1) monthly installment multiplied by the
number of months from January in the calendar year which said statement is
submitted to the month of such payment, both months inclusive. Subsequent
installments shall be payable concurrently with the regular monthly Rent
payments for the balance of that calendar year and shall continue until the next
year's statement is rendered. If the next or any succeeding year results in a
greater increase in Taxes and Assessments, then upon receipt of a statement from
Landlord, Tenant shall pay a lump sum equal to such total increase over the Base
Costs of Taxes and Assessments, less the total of the monthly installments of
estimated increases paid in the previous calendar year for which comparison is
then being made; and the estimated monthly installments to be paid for the next
year, following said comparison year, shall be adjusted to reflect 110% of such
increase in the manner set forth above. If in any year the Tenant's share of
direct expenses shall be less than the preceding year, then upon receipt of
Landlord's statement, any other payment made by Tenant on the monthly
installment basis provided above shall be credited toward the next monthly Rent
falling due and the estimated monthly installments of Taxes and Assessments to
be paid shall be adjusted to reflect such lower Taxes and Assessments for the
most recent comparison year but not less than the Base Costs of Taxes and
Assessments thereof. Upon termination of this Lease, any money owed by one party
to the other shall be promptly paid.
(d) Should this Lease commence or terminate at any time other than
the first day of a calendar year, the cost adjustment referred to in Paragraphs
4(a), 4(b) and 4(c) shall be calculated for the commencement or termination year
on a pro rata basis. Tenant shall only pay the cost adjustment for the calendar
days during which Tenant leases the Demised Premises.
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(e) Each statement provided by Landlord pursuant to this paragraph
shall be conclusive and binding upon Tenant unless fifteen (15) days after
receipt of the statement, Tenant shall notify Landlord that it disputes the
correctness of the statement, specifying the respects in which the statement is
claimed to be incorrect. Tenant shall then have the right to request that
Landlord provide, at Tenant's expense, an audit of its books and records
relating to the statement. Pending determination of the dispute, Tenant shall
pay within ten (10) days from notice any amounts due from Tenant in accordance
with the statement, but such payment shall be without prejudice to Tenant's
position.
5. Omitted.
6. Past Due Rent and Late Charges. If Tenant shall fail to pay, when the
same is due and payable, any Rent or any additional Rent, or any other amounts
or charges, such unpaid amounts shall bear interest from the due date thereof to
the date of payment as hereafter provided. In addition, Tenant shall pay to
Landlord, as a late charge, four percent (4%) of any payment required to be made
by Tenant which is more than five (5) days late.
7. Use of Demised Premises. (a) Tenant may use and occupy the Demised
Premises solely for purposes of general office, fabrication and assembly,
engineering, research and development, testing and repair, water processing,
storage of materials, and machine shop use subject to, and in accordance with
all other provisions of this Lease and all applicable zoning and other
governmental regulations. Tenant shall not abandon or substantially abandon the
Demised Premises. Tenant shall not obstruct, interfere, or conflict with, the
rights of other tenants, or conflict with the fire laws or regulations, or with
any insurance policy upon the Property or any part thereof, or with any
statutes, rules or regulations now existing or subsequently enacted or
established by local, state or federal governments, nor shall Tenant use or
permit the Demised Premises, or any part thereof, to be used for any disorderly,
unlawful or extra hazardous purposes, nor for any purpose other than hereinabove
specified.
(b) The Tenant shall not manufacture, store, install, discharge,
release, discard, incinerate, burn or otherwise use, introduce or dispose of any
of the following substances on the Property, in the Demised Premises, into or
through the sewer, drainage system, ground, or the air:
(i) any "hazardous waste" as defined by the Resource
Conservation and Recovery Act of 1976, as amended from time to time, and
regulations promulgated thereunder;
(ii) any "hazardous substance" as defined by the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended from
time to time, and regulations promulgated thereunder;
(iii) any "hazardous waste" or "hazardous substance" as may be
defined by any applicable local, county, state, commonwealth or other federal
law, as amended from time to time, and regulations promulgated thereunder;
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(iv) asbestos or asbestos containing material;
(v) polychlorinated biphenyls in concentrations greater than
50 parts per million;
(vi) any other material or substance, whether solid, gaseous
or liquid, the presence of which is prohibited by any law similar to those set
forth in this Subsection or otherwise addressing environmental or health
matters.
(c) Notwithstanding subparagraph (b) above, nothing herein shall preclude
Tenant from conducting operations and using and disposing of substances and
materials in the normal course of its business in accordance with both federal
law and the hazardous waste permits issued and maintained with the City of
Alexandria, shown on Exhibit B, annexed hereto and incorporated herein, provided
that such substances and materials have been expressly approved by the Landlord,
which approval shall be granted in its sole and absolute discretion. All
substances used in or upon the Demised Premises shall be delivered, used,
removed, and disposed of in accordance with all applicable federal, state and
local laws. The Tenant shall indemnify the Landlord and any lender secured by
the Demised Premises for any damages, cost or expense, including attorney fees,
incurred as a result of the breach of the Tenant's covenant in this Paragraph 7.
8. Common Areas. All common areas and facilities not within the Demised
Premises, which Tenant may be permitted to use and occupy, are to be used and
occupied under a revocable license, and if the amount of such areas shall be
diminished, Landlord shall not be subject to any liability nor shall Tenant be
entitled to any compensation or diminution or abatement of Rent, nor shall such
diminution of such areas be deemed constructive or actual eviction.
9. Parking. Tenant shall have the right during normal business hours to
the use of its pro rata share of parking spaces on the Property. All automobile
parking areas shown on the plans for the Property shall be under the sole and
exclusive control of the Landlord. Use by all tenants, their officers, agents,
employees and visitors, shall be subject to reasonable rules for the use thereof
which may from time to time be promulgated by Landlord, including, but not
limited to, rules designating areas for employee parking, assignment of specific
spaces to any tenant, controlling of ingress and egress, locating and arranging
spaces, and generally maintaining the parking lot in the manner, in Landlord's
discretion, as is consistent with the use of the areas by all tenants. Landlord
shall have the right to grant to any tenant an exclusive revocable license to
the use of certain parking spaces, and the Tenant shall have the right to use
only those parking spaces on the Property specifically assigned to the Tenant or
designated for common use.
10. Options To Renew. Provided that the Tenant is not in default under the
terms herein, Tenant shall have the option to renew its lease of the Demised
Premises for an additional term of two (2) years commencing immediately upon the
expiration of the initial term herein, under the same terms and conditions,
except that the Rental amount shall be increased as follows:
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(i) In the first option year, commencing February 1, 1998, the sum
of Two Hundred Eighty Thousand and No/l00 Dollars ($280,000.00), payable in
advance in equal monthly installments of Twenty Three Thousand Three Hundred
Thirty Three and No/100 Dollars ($23,333.00).
(ii) In the second option year, commencing February 1, 1999, the sum
of Two Hundred Eighty Seven Thousand Four and No/100 Dollars ($287,004.00),
payable in advance in equal monthly installments of Twenty Three Thousand Nine
Hundred Seventeen and No/100 Dollars ($23,917.00).
In order the exercise each option, the Tenant must give the Landlord notice of
its intent to do so at least six (6) months prior to the expiration date of the
then current lease term.
11. Subletting and Assignment. Tenant shall not sublet the Demised
Premises or any part thereof or transfer possession or occupancy thereof to any
person, firm or corporation or transfer or assign this lease without the prior
written consent of the Landlord, which shall not be unreasonably withheld, and
subject to Landlord's right to sublet hereinafter described, nor shall any
subletting or assignment hereof be effected by operation of law or otherwise
than by the prior written consent of the Landlord. If Tenant is a corporation,
any transfer of a majority of Tenant's issued and outstanding capital stock
shall be deemed an assignment under this paragraph. If Tenant is a partnership,
any transfer of any interest in the partnership or other change in the
composition of the partnership which results in a change in the management of
Tenant from the person(s) managing the partnership on the date hereof shall be
deemed an assignment under this paragraph. In the event Tenant desires to assign
this Lease or sublet all or any portion of the Demised Premises, Tenant shall
give to Landlord thirty (30) days written notice of Tenant's intention so to do.
Within thirty (30) days after receipt of said notice, Landlord shall have the
right to sublet the Demised Premises from Tenant at the same Rent and Additional
Rent stipulated herein, regardless of the rental rate that Tenant may otherwise
be able to obtain upon assignment or subletting to others. In the event Landlord
has not exercised its right to sublet the Demised Premises as provided above in
this paragraph, Tenant may assign this Lease or sublet all or a portion of the
Demised Premises as set forth in the notice after first obtaining the written
consent of Landlord, which consent may be withheld for reasonable cause. If
Tenant does not so assign or sublet within sixty (60) days of the original
notice to Landlord pursuant to this paragraph, then Tenant shall again be
required to comply with the notice provisions hereof, and Landlord shall again
have the right to sublet. The consent by Landlord to any assignment, transfer or
subletting to any party shall not be construed as a waiver or release of Tenant
from the terms of any covenant or obligation under this Lease, nor shall the
collection or acceptance of Rent from any such assignee, transferee, subtenant
or occupant constitute a waiver or release of Tenant of any covenant or
obligation contained in this Lease, nor shall any such assignment or subletting
be construed to relieve Tenant from giving Landlord said thirty (30) days notice
or from obtaining the consent in writing of Landlord to any future assignment or
subletting. In the event that Tenant defaults hereunder, Tenant hereby assigns
to Landlord the rent due from any subtenant of Tenant and hereby authorizes each
such subtenant to pay said rent directly to Landlord.
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12. Upkeep of Demised Premises and Surrender. (a) Tenant shall keep the
Demised Premises and the fixtures and equipment therein in clean, safe and
sanitary condition, shall take good care thereof, and shall suffer no waste or
injury thereto. Tenant shall make all repairs to the Demised Premises caused by
any negligent act or omission of Tenant, or its employees or invitee.
(b) Tenant shall provide at its expense (i) periodic maintenance,
including the replacement of filters as often as may be necessary, to all base
building heating, ventilating and air conditioning equipment, and (ii) servicing
of such equipment by a qualified service contractor at least twice a year
(spring and fall) in accordance with manufacturer's maintenance standards.
(c) The Landlord shall have the right to install a security light
upon the exterior of the Demised Premises and to connect it to the Tenant's
electrical service. In such event Tenant at its expense shall provide electric
current to such fixture.
(d) Tenant shall maintain, replace and repair any plate glass in or
about the walls, doors or windows of the Demised Premises.
(e) Tenant shall at the expiration or other termination of the Term
of this Lease, surrender and deliver up the Demised Premises, broom clean, in
the same order and condition as the same now is or shall be in at the
commencement of the Term hereof, ordinary wear and tear excepted. Upon such
termination of this Lease, Landlord shall have the right to reenter and resume
possession of the Demised Premises.
13. Alterations. (a) Tenant shall not make any alterations, installations,
changes, replacements, additions or improvements (structural or otherwise) in or
to the Demised Premises or any part thereof without the prior written consent of
Landlord.
(b) The Tenant shall provide the Landlord in timely manner with
complete working drawings of any improvements or alterations within the Demised
Premises approved by the Tenant. Any such improvements or alterations shall be
constructed in a reasonable period of time after receipt of such working
drawings by the Landlord at the expense of Tenant, unless the Landlord expressly
waives its right to perform such construction. Any revision or modification to
the approved drawings after commencement of construction shall be grounds for a
reasonable extension of the period of construction within the Demised Premises.
In the event that the Tenant shall fail to provide drawings which it has
approved in sufficient time to permit completion of construction within the
Demised Premises prior to the lease commencement date, the lease commencement
date shall not be extended, and Tenant shall take possession of the Demised
Premises and commence rental payments as otherwise provided herein, without
abatement of any kind, even though construction may not be complete, nor an
occupancy permit issued.
(c) It is expressly understood that all alterations, installations,
or improvements, including wall-to-wall carpet, upon or within the Demised
Premises (whether with or without the Landlord's consent), shall remain upon the
Demised Premises and shall be surrendered with the
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Tenant, at Tenant's expense, on vibration eliminators or other devices
sufficient to eliminate such noise and vibrations.
(b) Maintenance and repair of equipment such as separate air
conditioning equipment or any other type of special equipment, whether installed
by Tenant or by Landlord on behalf of Tenant, shall be the sole responsibility
of Tenant and Landlord shall have no obligation in connection therewith.
16. Notice of Defects. Tenant shall give Landlord prompt notice of any
defects or breakage in the structure, equipment or fixtures of the Demised
Premises or Property.
17. Liability. (a) Landlord assumes no liability or responsibility
whatsoever with respect to the conduct and operation of the business to be
conducted in the Demised Premises. Landlord shall not be liable for any accident
or injury to any person or persons or property in or about the Demised Premises
or the Property which are caused by the conduct and operation of said business
or by virtue of equipment or property of Tenant in the Demised Premises. Tenant
agrees to hold Landlord and the holders of any mortgages or deeds of trust on
the Property harmless against all such claims. Tenant shall indemnify and hold
harmless Landlord and the holders of any mortgages or deeds of trust on the
Property from and against any loss, damage or liability occasioned by or
resulting from any default hereunder or any willful or negligent act on the part
of Tenant, its agents, employees or invitee, or persons permitted in the Demised
Premises by Tenant.
(b) Landlord shall not be liable for any accident or damage caused
by electric light or wires or any accident or damage which may occur through the
operation of heating, air conditioning, lighting or plumbing apparatus, or any
accident or injury occurring in connection with the Property and its services.
All personal property of Tenant in the Demised Premises or on the Property shall
be at the sole risk of Tenant. Landlord shall not be liable for loss or damage
to property of Tenant caused by rain, snow, water or steam that may leak into or
flow from any part of the Property through any defects in the roof or plumbing
or from any other source, including but not limited to acts or omissions on the
part of other tenants of Property or persons using the Property or present
therein. It is understood and agreed that Tenant covenants to save Landlord and
the holders of any mortgages or deed of trust on the Property harmless and
indemnified from all loss, damage, liability or expense incurred by reason of
Tenant's neglect in its use of the Demised Premises or the Property or any part
thereof including the use of the water, steam, electric or other systems, and
the injury, loss or damage to any person or party upon the Demised Premises.
18. Signs. Tenant agrees that no sign, advertisement or notice shall be
inscribed, painted or affixed on any part of the outside or the inside of the
Demised Premises, or the Property, except adjacent to the doors of the offices,
and then only in such size, color and style as Landlord in its discretion shall
approve. Landlord shall have the right to prohibit any sign, advertisement, or
notice of Tenant which in the Landlord's opinion tends to impair the appearance
or reputation of the Property or its desirability as a building for general
offices, and upon written notice from Landlord Tenant shall refrain from and
discontinue such advertisement and Landlord in addition to its other
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remedies for default hereunder, shall have the right to remove the same, and
Tenant shall be liable for any and all costs and expenses incurred by said
removal.
19. Ordinances, Regulations and Rules. (a) Tenant shall at Tenant's cost,
promptly comply with and carry out all orders, requirements or conditions now or
hereafter imposed upon Tenant by the ordinances, laws, and/or regulations of
local, state or federal governments, or by any of their various departments or
agencies, whether required of Landlord or otherwise to be done or performed
during the term of this Agreement, insofar as they are occasioned by or required
in the conduct of the business of Tenant or its occupancy of the Demised
Premises. Tenant shall indemnify and save Landlord and the holders of any
mortgages or deeds of trust on the Property harmless from all penalties, claims
and demands resulting from failure or negligence in this respect.
(b) Tenant, its agents, employees and visitors, shall abide by and
observe the rules and regulations set forth below and such other reasonable
rules and regulations as may be promulgated from time to time by Landlord for
the operation and maintenance of the Property provided a copy thereof is sent to
Tenant. Nothing contained in this Lease shall be construed to impose upon
Landlord any duty or obligation to enforce such rules and regulations, or the
terms, conditions or covenants contained in any other lease, as against any
other tenant and Landlord shall not be liable to Tenant for violation of the
same by any other tenant, its employees, agents or invitee.
(i) The sidewalks, entries, receiving areas, parking lot and
other parts of the Property which are not occupied by Tenant shall not be
obstructed.
(ii) Tenant shall not install or permit the installation of
any exterior awnings, shades, and the like other than those approved by Landlord
in writing.
(iii) No additional locks shall be placed upon any doors of
the Demised Premises unless a key to any such lock is first given to the
Landlord.
(iv) Tenant shall not construct, maintain, use or operate
within the Demised Premises or elsewhere on the Property any equipment or
machinery which produces music, sound, noise or vibration which is audible or
detectable beyond the Demised Premises.
(v) Electric and telephone distribution boxes and air
conditioning equipment must remain accessible at all times.
(vi) Tenant shall locate its dumpster or trash container only
next to its loading dock in a manner which does not interfere with other
tenant's use or enjoyment of their space. All dumpsters or trash containers must
be kept closed and must be maintained in a sanitary manner.
(vii) No animals of any kind shall be brought into or kept
about the Building by any tenant.
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20. Indemnity. Except in the event of Landlord's primary negligence
directly causing the loss giving rise to the claim, Tenant shall indemnify
Landlord and its agents and employees, the landlord of any underlying lease, and
the holders of any mortgages or deeds of trust on the Property and save them
harmless from and against any and all claims, actions, damages, liabilities and
expense in connection with loss of life, personal injury and/or damage to
property arising from or out of any occurrence in, upon or at the Demised
Premises, or the occupancy or use by Tenant of the Demised Premises or any part
thereof, or occasioned wholly or in part by any act or omission of the Tenant,
its agents, contractors, employees, servants, permitted subtenants, invitee or
licensees, or resulting from any default, breach, violation or non-performance
of this Lease by Tenant. In the event that Landlord or its agents and employees
shall, without fault on their part, be made a party to any litigation commenced
by or against Tenant, then Tenant shall protect and hold Landlord, the landlord
of any underlying lease, and the holders of any mortgages or deeds of trust on
the Property harmless and shall pay all costs, expenses and reasonable
attorney's fees incurred or paid in connection with such litigation. Tenant
shall pay, satisfy and discharge any and all judgments, orders and decrees which
may be recovered against Landlord in connection with the foregoing.
21. Entry for Repairs and Inspections. (a) Tenant shall permit Landlord,
or its representatives, to enter the Demised Premises, at all reasonable times,
without diminution of the Rent and Additional Rent payable by Tenant, to
examine, inspect and protect the same, and to make such alterations and/or
repairs as in the judgment of Landlord may be deemed necessary, or to exhibit
the same to prospective tenants, mortgagees or purchasers.
(b) If Tenant refuses or neglects to repair the Demised Premises as
required hereunder to the reasonable satisfaction of Landlord as soon as is
reasonably possible, Landlord may make such repairs without liability to Tenant
for any loss or damage that may accrue to Tenant's merchandise, fixtures, or
other property or to Tenant's business by reason thereof, and upon completion
thereof, Tenant shall pay Landlord's costs for making such repairs plus twenty
percent (20%) for overhead, upon presentation of a xxxx therefore, as Additional
Rent.
(c) Landlord shall at all times have an easement and the right to
enter in and through the Demised Premises for installation and maintenance of
utility connections and facilities reasonably necessary to provide services to
other portions of the Property and the common areas; provided, however, to the
extent reasonably possible the exercise of such rights shall not unreasonably
interfere with the operation of the Tenant's business.
(d) Landlord's entrance upon the Demised Premises occasioned by this
paragraph shall not constitute an eviction of Tenant in whole or in part and the
Rent and Additional Rent reserved shall in no manner xxxxx while said repairs,
alterations, improvements, or additions are being made, by reason of loss or
interruption of business of Tenant, or otherwise.
22. Services and Utilities. (a) The Tenant at its cost shall provide for
its own use the following:
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(i) all utilities in and for the Demised Premises, including
without limitation, electric, gas, sewer, water, telephone and cable utility
services;
(ii) all janitorial, cleaning and char services;
(iii) all servicing, maintenance, repair and replacement of
electric lighting, electric service, plumbing, plumbing fixtures, supplemental
heating, ventilating and air conditioning equipment, and other mechanical and
electrical equipment within the Demised Premises, including tenant improvements
and fixtures;
(iv) servicing, maintenance and repair of the base building
heating, ventilating and air conditioning equipment by a qualified service
contractor; and
(v) trash removal service from such dumpster location or
locations on the grounds of the Property as Landlord may designate.
(b) Provided that the Tenant is not in default under any provision
of this Lease, the Tenant has not been negligent in its use of any heating,
ventilating and air conditioning equipment, and Tenant has periodically
maintained such equipment as required herein, under a service contract with a
qualified service contractor, Landlord shall replace or rebuild any such
equipment which, as a result of normal usage and depreciation, fails to function
despite Tenant's maintenance and repair;
(c) Any failure by Landlord to furnish the foregoing services shall
not render Landlord liable in any respect for damages to either person or
property, nor be construed as an eviction to Tenant, nor work an abatement of
Rent, nor relieve Tenant from Tenant's obligations hereunder.
23. Insurance. (a) Tenant shall not conduct or permit to be conducted any
activity or place any equipment in or about the Demised Premises which will, in
any way, increase the rate of insurance premiums on the Property. If any
increase in the rate of insurance premiums is stated by any insurance comparty
or by the applicable Insurance Rating Bureau to be due to any activity or
equipment in or about the Demised Premises, such statement shall be conclusive
evidence that the increase in such rate is due to such activity or equipment
and, as a result thereof, Tenant shall be Liable for such increase and shall
reimburse Landlord therefor, within ten (10) days of receipt of written notice,
said sum shall be deemed to be Additional Rent.
(b) Landlord shall insure the building, of which the Demised
Premises are a part, against damage by fire, including extended coverage, in any
amount Landlord in its sole discretion shall deem adequate, and shall maintain
such insurance throughout the term hereby demised. Tenant shall insure all of
its property in the Demised Premises against damage by fire, including extended
coverage, in an amount as shall be determined by the Landlord in consultation
with Tenant, and Tenant shall maintain such insurance throughout the term hereby
demised. In addition, Tenant shall
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26. Defaults and Remedies. (a) The following events shall be a default
(hereinafter referred to as a "Default") of Tenant under this Lease:
(i) Failure of Tenant to make any payment of Rent (including
Annual Increase) when due.
(ii) Failure of Tenant to make any payment of Additional Rent
when due.
(iii) Failure of Tenant to perform or comply with any
provision of this Lease to be performed or complied with by Tenant, other than
provisions for the payment of Rent or Additional Rent, where such failure shall
continue for a period of ten (10) days after written notice thereof by Landlord
to Tenant.
(iv) The taking of this Lease or the Demised Premises, or any
part thereof, upon execution or by other process of law directed against Tenant,
or upon or subject to any attachment at the instance of any creditor of or
claimant against Tenant, which execution or attachment shall not be discharged
or disposed of within thirty (30) days after the levy thereof.
(v) If Tenant fails to take possession of the Demised Premises
within a reasonable period of time after the lease commencement of the Term of
this Lease or substantially vacates or abandons the Demised Premises prior to
the normal expiration of the term.
(vi) The circumstance of Tenant, or any guarantor of Tenant's
obligation hereunder, in financial difficulties as evidenced by (1) its
admitting in writing its inability to pay its debts generally as they become
due, or (2) its filing a petition in bankruptcy or for reorganization or the
adoption of an arrangement under the Bankruptcy Act (as now or hereafter
existing), or an answer or other pleading admitting the material allegations of
such a petition or seeking, consenting to or acquiescing in the relief provided
for under such Act, or (3) its making an assignment of all or a substantial part
of its property for the benefit of its creditors or (4) its seeking or
consenting to or acquiescing in the appointment of a receiver or trustee for all
or a substantial part of its property or of the Demised Premises, or (5) its
being adjudicated a bankrupt or insolvent, or (6) the entry of a court order
without its consent, which order shall not be vacated, set aside or stayed
within sixty (60) days from the date of entry, appointing a receiver or trustee
for all or a substantial part of its property or approving a petition filed
against it for the effecting of an arrangement in bankruptcy or for a
reorganization pursuant to the Bankruptcy Act or for any other judicial
modification or alteration of the rights of creditors.
(b) The provisions of this paragraph shall apply notwithstanding the
payment by Tenant of the security deposit and/or the continued willingness and
ability of Tenant to pay Rent and otherwise perform hereunder. The receipt by
Landlord of payments of Rent, as such, accruing subsequent to the time of
Tenant's default under this paragraph and even though Landlord may have actual
notice of the occurrence of an event of Default under this paragraph shall not
be deemed a waiver by Landlord of the provisions of this paragraph.
-14-
(c) Upon the occurrence of a Default, Landlord shall have the right
at its election, then or at any time thereafter either:
(i) To give Tenant written notice of Landlord's intent to
terminate this Lease on the date of the notice or on any later date, specified
in the notice, and on such date Tenant's right to possession of the Demised
Premises shall cease and this Lease shall thereupon be terminated; or
(ii) to re-enter without demand or notice and to take
possession of all or any part of the Demised Premises and expel Tenant and those
claiming through Tenant, and remove the property of Tenant and any other person,
either by summary proceedings, by action at law or in equity, by force without
due process of law, or by any other means, without being deemed guilty of
trespass or liable for prosecution or damages therefor, and without prejudice to
any remedies for nonpayment or late payment of Rent or breach of covenant. If
Landlord elects to reenter under this provision, Landlord may terminate this
Lease, or, from time to time, without terminating this Lease, may relet all or
any part of the Demised Premises as agent for Tenant for such term or terms and
at such rental and upon such other terms and conditions as Landlord may deem
advisable in its sole and absolute discretion, with the right to make
alterations and repairs to the Demised Premises. No such reentry or taking of
possession of the Demised Premises by Landlord shall be construed as an election
on Landlord's part to terminate this Lease unless a written notice of such
intention is given to Tenant or unless the termination be decreed by a court of
competent jurisdiction at the instance of Landlord. Nothing herein shall be
construed to require the Landlord to mitigate damages.
(d) If Landlord terminates this Lease pursuant to the preceding
subparagraph, Tenant shall remain liable (in addition to accrued liabilities)
for (i) Rent, Additional Rent and any other sums provided for in this Lease
until the date this Lease would have expired had such termination not occurred,
and any and all expenses (including attorney's fees, disbursements and brokerage
fees) incurred by Landlord in reentering and repossessing the Demised Premises,
in making good any Default of Tenant, in painting, altering, repairing or
dividing the Demised Premises, in protecting and preserving the Demised Premises
by use of watchmen and caretakers, and in reletting the Demised Premises, and
any and all expenses which Landlord may incur during the occupancy of any new
tenant; less (ii) the net proceeds of any reletting prior to the date this Lease
would have expired if it had not been terminated. Tenant agrees to pay to
Landlord the difference between items (i) and (ii) above for each month during
the Term, at the end of each such month. Any suit brought by Landlord to enforce
collection of such difference for any one month shall not prejudice Landlord's
right to enforce the collection of any difference for any subsequent month. In
addition to the foregoing, and without regard to whether this Lease has been
terminated, Tenant shall pay to Landlord all costs incurred by Landlord,
including reasonable attorney's fees, with respect to any lawsuit or action
instituted or taken by Landlord to enforce the provisions of this Lease.
Tenant's liability shall survive the institution of summary proceedings and the
issuance of any writ of restitution thereunder.
-15-
(e) If Landlord terminates this Lease, Landlord shall have the
right, at any time, at its option, to require Tenant to pay to Landlord on
demand, as liquidated and agreed final damages in lieu of Tenant's liability
hereunder, the Rent, Additional Rent and all other charges which would have been
payable from the date of such demand to the date when this Lease would have
expired if it had not been terminated, (minus the fair rental value negotiated
in good faith with another tenant of the Demised Premises for the same period,
if any). If the Demised Premises shall have been relet for all or part of the
remaining balance of the Term by Landlord after a Default but before
presentation of proof of such liquidated damages, the amount of rent reserved
upon such reletting shall be deemed the fair rental value of the Demised
Premises for purposes of the foregoing determination of liquidated damages. Upon
payment of such liquidated and agreed final damages, Tenant shall be released
from all further liability under this Lease with respect to the period after the
date of demand.
(f) Tenant, on its own behalf and on behalf of all persons claiming
through Tenant, including all creditors does hereby waive any and all rights and
privileges, so far as is permitted by law, which Tenant and all such persons
might otherwise have under any present or future law (i) to the service of any
notice of intention to reenter which may otherwise be required to be given, (ii)
to redeem the Demised Premises, (iii) to reenter or repossess the Demised
Premises, or (iv) to restore the operation of this Lease, with respect to any
dispossession of Tenant by judgment or warrant of any court or otherwise,
whether such dispossession, reentry, expiration or termination be by operation
of law or pursuant to the provisions of this Lease.
(g) In the event of any breach by Tenant or any person or persons
claiming through Tenant of any of the provisions contained in this Lease,
Landlord shall be entitled to enjoin such breach and shall have the right to
invoke any right or remedy allowed at law or otherwise as if reentry, summary
proceedings or other specific remedies were not provided for in this Lease.
(h) Landlord shall, to the extent permitted by law, have (in
addition to all other rights) a right of distress for Rent and Additional Rent
and a lien on all Tenant's personal property as security for all adjusted Rent,
Additional Rent and any other sums payable under this Lease.
(i) If Tenant defaults in the making of any payment to a third party
or in the doing of any act herein required to be made or done by Tenant, then
after ten (10) days notice from Landlord (except in the event of nonpayment of
Rent or Additional Rent, for which no notice is required), Landlord may, but
shall not be required to, make such payment or do such act, and the amount and
the expense thereof, if made or done by Landlord, with interest thereon at the
rate of three hundred (300) base points over the prime rate of Crestar Bank,
Richmond, Virginia, or its successor, but not to exceed the highest lawful rate,
from the date paid by Landlord, shall be paid by Tenant to Landlord and shall
constitute Additional Rent hereunder due and payable with the next monthly
installment of Rent; but the making of such payment or the doing of such act by
Landlord shall not operate to cure such Default or to estop Landlord from the
pursuit of any remedy to which Landlord would otherwise be entitled.
-16-
(j) All rights and remedies of Landlord under this Lease shall be
cumulative and shall not be exclusive of any other rights and remedies provided
to Landlord now or hereafter under law or under this Lease.
27. Waiver. If under the provisions hereof Landlord shall institute
proceedings and a compromise or settlement thereof shall be made, the same
shall not constitute a waiver of any covenant herein contained nor of any of
Landlord's rights hereunder. No waiver by Landlord of any breach of any
covenant, condition or agreement herein contained shall operate as a waiver of
such covenant, condition or agreement itself, or of any subsequent breach
thereof. No payment by Tenant or receipt by Landlord of a lesser amount than the
monthly installments of Rent herein stipulated shall be deemed to be other than
on account of the earliest stipulated Rent, nor shall any endorsement or
statement on any check or letter accompanying a check for payment of Rent or
Additional Rent be deemed an accord and satisfaction, and Landlord may accept
such check or payment without prejudice to Landlord's right to recover the
balance of such Rent or Additional Rent or to pursue any other remedy provided
in this Lease. No reentry by Landlord, and no acceptance by Landlord of keys
from Tenant, shall be considered an acceptance of a surrender of this Lease.
28. Subordination. This Lease is subject and subordinate to all ground or
underlying leases and to all mortgages and/or deeds of trust which may now or
hereafter affect such leases or the Property and to all renewals, modifications,
consolidations, replacements and extensions thereof. This clause shall be
self-operative and no further instrument of subordination shall be required by
any mortgagee or trustee. In confirmation of such subordination, Tenant shall
execute promptly any certificate that the Landlord may request. Tenant hereby
constitutes and appoints Landlord the Tenant's attorney-in-fact to execute any
such certificate or certificates for an on behalf of Tenant. Notwithstanding the
foregoing, the party secured by any such deed of trust shall have the right to
recognize this Lease and, in the event of any foreclosure sale under such deed
of trust, or deed in lieu thereof, this Lease shall continue in full force and
effect at the option of the party secured by such deed of trust or the purchaser
under any such foreclosure sale; Tenant covenants and agrees that it shall at
the written request of the party secured by any such deed of trust, execute,
acknowledge and deliver any instrument that has for its purpose and effect the
subordination of this Lease to the lien of said deed of trust and the attornment
of the Tenant to such party. At the option of any landlord under any ground or
underlying lease to which this Lease is now or may hereafter become subject or
subordinate, Tenant agrees that neither the cancellation nor termination of such
ground or underlying lease shall by operation of law or otherwise, result in
cancellation or termination of this Lease or the obligations of the Tenant
hereunder, and Tenant covenants and agrees to attorn to such landlord or to any
successor to Landlord's interest in such ground or underlying lease and in that
event, this Lease shall continue as a direct lease between Tenant herein and
such landlord or its successor; and, in any case, such landlord or successor
under such ground or underlying lease shall not be bound by any prepayment on
the part of Tenant of any Rent for more than one month in advance, so that Rent
shall be payable under this Lease in accordance with its terms, from the date of
the termination of the ground or underlying lease, as if such prepayment had not
been made. Such landlord or successor under such ground or underlying lease
shall not be bound by this Lease or any amendment or modification of this Lease
unless, prior to the termination of such ground or
-17-
underlying lease, a copy of this Lease or amendment or modification thereof, as
the case may be, shall have been delivered to such landlord or successor.
29. Estoppel Certificates. Tenant agrees, at any time and from time to
time, upon not less than five (5) days prior notice by Landlord, to execute,
acknowledge and deliver to Landlord a statement in writing in such form as
Landlord may request, (i) certifying that this Lease is unmodified (or if
modified, stating the modifications) and in full force and effect (or if not in
full force and effect, the reasons therefor), (ii) stating the dates to which
the Rent, Additional Rent and other charges hereunder have been paid by Tenant,
(iii) stating whether or not to the best knowledge of Tenant, Landlord is in
default in the performance of any covenant, agreement or condition contained in
this Lease, and if so, specifying each such default of which Tenant may have
knowledge, and (iv) stating the address to which notices to Tenant should be
sent. Any such statement delivered pursuant hereto may be relied upon by any
owner of the Property, any prospective purchaser of the Property, any mortgagee
or prospective mortgagee of the Property, any prospective assignee of any such
mortgagee, or any lessor or prospective lessor of the land which is a part of
the Property.
30. No Recourse to Landlord. The obligations of Landlord under this Lease
do not constitute personal obligations of the individual partners, directors,
officers, or shareholders of Landlord, and Tenant shall look solely to the
Property of which the Demised Premises are a part and to no other assets of the
Landlord or the holders of any mortgages or deeds of trust on the Property for
satisfaction of any liability in respect of this Lease and shall not seek
recourse against the individual partners, directors, officers or shareholders of
Landlord or the holders of any mortgages or deeds of trust on the Property or
any of their personal assets for such satisfaction.
31. Holding Over. If Tenant shall, with the knowledge and consent of
Landlord, continue to remain in the Demised Premises after the expiration of the
Term of this Lease and any extensions thereof, then and in such event, Tenant
shall, by virtue of this agreement become a tenant by the month at a monthly
rental equal to one hundred twenty percent (120%) of the monthly installment of
Rent agreed by the Tenant to be paid as aforesaid, commencing said monthly
tenancy with the first day next after the end of the Term above demised. Tenant
shall give to Landlord at least thirty (30) days written notice of any intention
to quit the Demised Premises, and Tenant shall be entitled to thirty (30) days
written notice to quit the Demised Premises, except in the event of non-payment
of Rent or Additional Rent or of the breach of any other covenant by Tenant, in
which event Tenant shall not be entitled to any notice to quit, the usual thirty
(30) days notice to quit being hereby expressly waived; provided, however, that
in the event that Tenant shall hold over after the expiration of the Term hereby
created, and if Landlord shall desire to regain possession of the Demised
Premises promptly at the expiration of the Term aforesaid, then at any time
prior to Landlord's acceptance of Rent from Tenant as a monthly tenant
hereunder, Landlord, at it option, may forthwith reenter and take possession of
the Demised Premises without process, or by any legal process in force.
-18-
32. Submission of Lease. The submission of this Lease for examination by
Tenant does not constitute a reservation of or option for the Demised Premises,
and this Lease shall become effective as a lease only upon execution and
delivery thereof by Landlord and Tenant.
33. Covenant of Landlord. Landlord covenants that it has the right to make
this Lease, and that if Tenant shall pay the Rent and Additional Rent and shall
perform all of Tenant's obligation under this Lease, Tenant shall, during the
term hereof, freely, peaceably and quietly occupy and enjoy the full possession
of the Demised Premises without molestation or hindrance by Landlord or any
party claiming through or under Landlord, subject, however, to the underlying
lease, mortgages and deeds of trust described in Paragraph 28 and except as
otherwise provided herein. The term "Landlord" as used herein shall mean solely
the owner of Landlord's interest in the Property, whoever that may be at the
relevant time, so that in the event of any sale or transfer of Landlord's
interest in the Property, any prior Landlord shall be freed and relieved of all
covenants and obligations of Landlord hereunder.
34. Force Majeure. If Landlord, as the result of any (i) strikes,
lockouts, or labor disputes; (ii) inability to obtain labor, materials, fuel,
electricity, services or reasonable substitutes therefore; (iii) acts of God,
civil commotion, fire or other casualty; (iv) governmental action of any kind;
or (v) other conditions similar to those enumerated above beyond Landlord's
reasonable control, fails punctually to provide any service or to perform any
obligation on its part to be performed hereunder, then, unless otherwise
expressly provided, such failure shall be excused and shall not be a breach
hereunder, but only to the extent occasioned by such event. In the event,
however, that any such event shall prevent Landlord's performance for a period
longer than sixty (60) consecutive days, the Tenant shall have the right to
terminate this Lease.
35. Omitted.
36. Omitted.
37. Waiver of Trial by Jury. Tenant hereby waives all right to trial by
jury in any claim, action, proceeding or counterclaim by either Landlord or
Tenant against each other on any matters arising out of or in any way connected
with this Lease, the relationship of Landlord and Tenant, and/or Tenant's use or
occupancy of the Demised Premises.
38. Attorney's Fees. If, in the event of a default by Tenant, Landlord
places the enforcement of this Lease, or any part thereof, or the collection of
any Rent or Additional Rent due, or to become due hereunder, or recovery of the
possession of the Demised Premises in the hands of an attorney, or files suit
upon the same, Tenant agrees to pay Landlord's attorney's fees.
39. Brokers. Landlord and Tenant each represent and warrant that neither
of them has employed any broker in carrying on the negotiations relating to this
Lease. Landlord shall indemnify and hold Tenant harmless, and Tenant shall
indemnify and hold Landlord harmless, from and against
-19-
any claim for brokerage or other commission arising from or out of any breach of
the foregoing representation and warranty.
40. Notices. All notices or other communications hereunder shall be in
writing and shall be deemed duly given if delivered in person or sent by
certified or registered mail, return receipt requested, first class, postage
prepaid, (i) if to Landlord, at Suite 200, 0000 X. Xxxxxxxx Xxxxx, Xxxxxxxxxx,
Xxxxxxxx 00000, and (ii) if to Tenant at 000 Xxxxxxxxx Xxxxxx, Xxxxxxxxxx,
Xxxxxxxx 00000, unless notice of a change of address is given pursuant to the
provisions of this paragraph.
41. Miscellaneous. (a) This Lease and the Exhibits attached hereto contain
and embody the entire agreement of the parties hereto and no representations,
inducements, or agreements, oral or otherwise, between Landlord and Landlord's
agents and Tenant not contained in this Lease and Exhibits shall be of any force
or effect. This Lease may not be modified, changed or terminated in whole or in
part in any manner other than by an agreement in writing duly signed by both
parties hereto.
(b) The terms, covenants and conditions hereof shall be binding upon
and inure to the permitted successors in interest and assigns of the parties
hereto. Landlord may freely and fully assign its interest hereunder.
(c) If any provision of this Lease or the application thereof to any
person or circumstances shall to any extent be held void, unenforceable or
invalid, then the remainder of this Lease or the application of such provision
to persons or circumstances other than those as to which it is held void,
unenforceable or invalid shall not be affected thereby, and each provision of
this Lease shall be valid and enforceable to the fullest extent permitted by
law.
(d) Tenant shall not record this Lease without the written consent
of Landlord, which may be given or denied in Landlord's sole discretion. If
Landlord consents to such recordation, the cost thereof shall be paid by Tenant.
(e) The captions and headings throughout this Lease are for
convenience and reference only and the words contained therein shall in no way
be held or deemed to define, limit, describe, explain, modify, amplify or add to
the interpretation, construction or meaning of any provision of or the scope of
intent of this Lease nor in any way affect this Lease.
(f) Nothing contained in this Lease shall be deemed or construed to
create a partnership or joint venture of or between Landlord and Tenant, or to
create any other relationship between the parties hereto other than that of
Landlord and Tenant.
(g) Feminine or neuter pronouns shall be substituted for those of
the masculine form, the plural shall be substituted for singular number and vice
versa in any place or places herein in which the context may require such
substitute or substitution.
-20-
(h) This Lease is to be construed under the laws of the jurisdiction
in which the Property is located.
42. Tenant Improvement Allowance. The Landlord shall provide an allowance
of Forty Thousand and No/100 Dollars ($40,000.00) to the Tenant for heating and
air conditioning improvements in 000 Xxxxx Xxxxx Xxxxxx, and any other tenant
improvements in that bay as the Landlord may approve, which shall be paid upon
completion of construction or installation thereof. The heating and air
conditioning improvements shall be zoned within the bay, and the Landlord shall
have the right to approve the plans therefore, which shall not be unreasonably
withheld. The cost of such improvements shall be paid upon completion of
construction or installation thereof. The Landlord reserves the right to the tax
depreciation for all such improvements.
43. Authority of Landlord and Tenant. Each individual executing this Lease
on behalf of Landlord and Tenant represents and warrants that he is duly
authorized to execute and deliver this Lease on behalf of Landlord or Tenant in
accordance with a partnership agreement or a duly adopted resolution of the
Board of Directors or in accordance with its bylaws and that this Lease is
binding upon Landlord and Tenant in accordance with its terms.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease under
seal the day and year first hereinabove written.
LANDLORD:
NORTH POINT ASSOCIATES LIMITED
PARTNERSHIP
By NORTH POINT CORPORATION
General Partner
By: /s/ [ILLEGIBLE]
--------------------------------
President
TENANT:
COMMONWEALTH SCIENTIFIC CORPORATION
By: /s/ Xxxxxx X. Xxxxxxxx
-----------------------------------
President
-21-
STATE OF VIRGINIA )
) ss:
AT LARGE )
On this ______day of _________, 19___, before the undersigned, a Notary
Public of the State and County aforesaid, personally appeared
_______________________, who acknowledged himself to be the
__________________________ of North Point Associates Limited Partnership, a
Virginia limited partnership, and that he, being authorized so to do, executed
the foregoing instrument for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
---------------------------------------
Notary Public
My Commission Expires: ________________
STATE OF VIRGINIA )
) ss:
AT LARGE )
On this 6th day of February, 1995 before the undersigned, a Notary Public
of the State and County aforesaid, personally appeared Xxxxxx X. Xxxxxxxx, who
acknowledged himself to be the President of Commonwealth Scientific, a
Corporation, and that he, being authorized so to do, executed the foregoing
instrument for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
/s/ Xxxxx X. Xxxxxx
---------------------------------------
Notary Public
My Commission Expires: August 31, 1995
-------------------
-00-
Xxxxxxx "X"
Xxxxx Xxxxx Center
[GRAPHIC]
Legend
------
================================================================================
ADDRESS XXXXX X.X. AVAILABILITY
--------------------------------------------------------------------------------
800 9,750 S.F.
--------------------------------------------------------------------------------
802 9,750 S.F.
--------------------------------------------------------------------------------
806 4,250 S.F.
--------------------------------------------------------------------------------
810 4,250 S.F.
--------------------------------------------------------------------------------
814 4,250 S.F.
--------------------------------------------------------------------------------
822 4,250 S.F.
--------------------------------------------------------------------------------
828 4,250 S.F.
--------------------------------------------------------------------------------
832 4,250 S.F.
--------------------------------------------------------------------------------
834 4,250 S.F.
--------------------------------------------------------------------------------
838 9,750 S.F.
--------------------------------------------------------------------------------
840 9,750 S.F.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
================================================================================
TOTAL 68,750 S.F. % LEASED
COMMONWEALTH SCIENTIFIC CORPORATION
GAS USED AT XXXXX STREET
ARGON
NITROGEN
HELIUM
XENON
OXYGEN APPROVED:
NEON NORTH POINT ASSOCIATES LIMITED
PARTNERSHIP
*CHLORINE
*FREON 14 (CFu) By: NORTH POINT CORPORATION, general partner
*FREON 116 (C2F6) By: /s/ [ILLEGIBLE] Pres
------------------------
*METHYLFLOURIDE
* Used in concentration below that which requires state regulation; Permits
issues to cover proper storage and handling of the gases.
[SEAL XX XXXXXXXXXX] XXXX XX XXXXXXXXXX, XXXXXXXX [SEAL]
CODE ENFORCEMENT
X.X. XXX 000
Xxxx X. Xxxxxxxxx, XXXX XXXXXXXXXX, XXXXXXXX 00000 703-838-4360
Director November 21, 1994
Xxxxxxx X. Xxxxxxxx Fax
Deputy Director 000-000-0000
COMMONWEALTH SCIENTIFIC CORP
000 XXXXXXXXX XX
XXXXXXXXXX,XX 00000
Dear Sir/Madam:
Our records indicate that you are the holder of a Fire Prevention Permit which
will expire on 12/30/94. This permit is required under section 4-2-12 of the
Code of the City of Alexandria, and may be renewed at City Hall, 000 Xxxx Xx.,
Xxxxx 0000, Xxxxxxxxxx XX, Monday through Friday from 8:00 am to 4:30 pm. You
may also renew this permit by mail, by completing the enclosed application in
full, and mailing it along with the fee listed below to:
Code Enforcement Bureau
XX Xxx 000
Xxxxxxxxxx, Xxxxxxxx 00000
Your check should be made payable to "City of Alexandria." If you are no longer
conducting the listed operation, please contact us at (000) 000-0000 so that we
may update our records.
Information relevant to your permit(s) is as follows:
PERMIT NO. ARTICLE DESCRIPTION FEE
88-134 2500.2 the production, use, storage or sale of $ 88.50
cryogenic liquids.
You are in violation of the Fire Prevention Code if you are operating without a
valid permit. You must renew this permit prior to its expiration date. If this
permit has expired, all operations pertaining to the provisions of this permit
should cease immediately until the necessary permit is secured.
Thank you for your prompt consideration in this matter.
Sincerely,
/s/ Xxxxxx X. Xxxxx
Xxxxxx X. Xxxxx
Chief Deputy Fire Xxxxxxxx
[SEAL OF ALEXANDRIA] CITY OF ALEXANDRIA [VIRGINIA STATE SEAL]
VIRGINIA
(000) 000-0000 INSPECTIONS
(000) 000-0000 (Fax) (000) 000-0000
CODE ENFORCEMENT BUREAU
FIRE PREVENTION CODE PERMIT
PERMIT NUMBER 88-132 DATE ISSUED: 12/30/93
TO WHOM IT MAY CONCERN:
In accordance with the provisions of the Fire Prevention Code of the City of
Alexandria, Virginia, THIS PERMIT for keeping, storage, use, manufacture,
transportation, or other disposition of flammable, combustible or explosive
materials; or for conducting processes which produce conditions hazardous to
life and property from fire or explosion; or for the installation of equipment
used in connection with such activities is HEREBY GRANTED. This PERMIT is
granted by virtue of the party listed below having made application in due form,
and as the conditions, surroundings and arrangements are, in our opinion, such
that the intent of the Regulations can be observed.
This PERMIT is issued and accepted on the condition that all Regulations now
adopted or that may hereafter be adopted, shall be complied with including such
specific conditions as may be stated on the reverse side of this PERMIT.
This PERMIT, as required by section 2800.3.2 of the Fire Prevention Code, is
issued to COMMONWEALTH SCIENTIFIC CORP
for the premises located at 500 PENDLTN/834-38 N HEN Alexandria Virginia
for: the manufacture, use, storage or transportation of
flammable and combustible liquids.
This PERMIT is valid, unless revoked for cause, from 12/30/93 until 1200 hours
(noon) on 12/30/94
Xxxxxxx X. Xxxxxx, Xx., CPCA, Chief Fire Marshal
THIS PERMIT MUST BE POSTED ON THE ABOVE MENTIONED PREMISES AT ALL TIMES. This
permit does not take the place of any license required by law and is not
transferable. Any change in the use or occupancy of the premises shall require a
new permit.
