EXHIBIT 10.8
L E A S E
THIS LEASE ("LEASE") made as of the 1st day of January, 2001, by and
between Xxxxxxx International Corporation, of 000 Xxxxxxxxx Xxxxxx, Xxxxxxxxxx,
Xxxxxxxxxxxx 00000 (hereinafter referred to as "Landlord")
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Eonnet Technologies, Inc., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania having an address of 000 Xxxxxxxxx Xxxxxx,
Xxxxxxxxxx, Xxxxxxxxxxxx 00000 (hereinafter referred to as "Tenant")
W I T N E S S E T H:
It is mutually agreed between Landlord and Tenant as follows:
1. PREMISES: Landlord hereby leases to Tenant and Tenant hereby rents from
Landlord, in an "As Is" condition, that certain office space occupying all of
the second floor and half of the basement floor of the premises at 000 Xxxxxxxxx
Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxxxx 00000 comprised of 2500 square feet of usable
space, more or less.
2. TERM: The term of this Lease shall be for a period of five (5) years,
commencing upon the 1st day of January, 2001 and terminating on the 31st day
of December, 2006.
3. RENT: Tenant covenants and agrees to pay to Landlord at its address
above or at such other address as specified by Landlord during the term of this
Lease, as rent for the demised premises, the sum of TWO HUNDRED TEN THOUSAND
($210,000.00) DOLLARS, payable in advance, without prior demand therefor and
without deduction or set-off, in monthly rental installments as follows:
(a) THREE THOUSAND FIVE HUNDRED ($3,500.00) DOLLARS
on the 1st day of January, as monthly rent for said
month and a like and equal sum of THREE THOUSAND FIVE
HUNDRED ($3,500.00) DOLLARS on the 1st day of each
and every month thereafter during the term of this
Lease to and including December 1, 2006.
Notwithstanding the foregoing, the rent for the first month of the term
shall be due and payable upon execution of this Lease. If any installment of
rent is not paid within on or before the tenth (10th) day of the month, a
monthly late charge of five (5%) percent of the amount of that installment of
rent shall be due and payable by Tenant as additional rent for each and every
month that said installment of rent is delinquent.
4. OPTIONS TO RENEW: Tenant shall have one (1) option to extend the term of
this Lease for a period of five (5) years commencing at the expiration of the
original term of this Lease on all of the terms and conditions of the original
term of this Lease, except for the monthly rent and this option to renew,
provided Tenant gives written notice of Tenant's exercise of this option no less
than three (3) months prior to the expiration of the original term of this
Lease. In the event Tenant is in default of any of the terms and conditions of
the Lease on the date Tenant gives notice of its exercise of the option or on
the date the option period is to begin, Landlord shall have the right to declare
Tenant's exercise of the option to be void and of no legal effect.
The monthly rent during the option period shall be negotiated during
the exercise period aforesaid. If a satisfactory rental rate can not be agreed
upon, Tenant may retract its exercise of the option and the lease shall
terminate as of the end of the original term.
5. ADDITIONAL RENTAL: Tenant shall pay, as additional rent, fifty percent
(50%) of all real estate taxes and assessments levied or imposed upon the
building in which the demised premises is located and the land on which it is
situate. The term "real estate taxes" shall include any tax imposed upon or
levied against real estate or upon owners of real estate as such, rather than on
persons generally, rents or occupancy, in lieu of, or in addition to any present
real estate taxes or assessments. Landlord shall mail the real estate tax bills
to Tenant and Tenant shall pay said bills within thirty (30) days of receipt.
6. REPAIRS AND MAINTENANCE BY TENANT: Upon commencement of the Term of this
Lease, Tenant shall maintain the demised premises and the building,
improvements, equipment and personal property thereon in good order, condition
and repair, and shall make all repairs and replacements of any kind and nature
to the demised premises, the building, improvements, equipment and personal
property thereon. Landlord shall not have any responsibility to repair, replace,
or maintain the demised premises, or the building, improvements, equipment and
personal property thereon.
7. TRIPLE NET LEASE: This is a "triple net" lease and Landlord shall be
required to provide and Tenant shall pay 50% of any services including, but not
limited to, repairs and maintenance, and do any act in connection with the
demised premises except as specifically provided herein, and the rent,
additional rent, and other charges reserved hereunder shall be paid to Landlord
without any claim on the part of Tenant for diminution or abatement, except as
specifically provided herein, and the fact that Tenant's use and occupancy of
the demised premises may be disturbed or prevented from any cause whatsoever
shall not in any way suspend, xxxxx, or reduce the rental to be paid hereunder
except as otherwise specifically provided in this Lease.
8. ALTERATIONS: Tenant shall not make any alterations, additions or
improvements to the demised premises without the prior written consent of
Landlord.
9. FIRE OR OTHER CASUALTY: If the building herein of which the demised
premises is a part is so damaged by fire, or other casualty that the demised
premises is rendered totally unfit for business occupancy, then this Lease and
the liability of the parties thereunder, except for previously accrued
obligations, shall cease and terminate from the date of such fire or other
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casualty. In the event that said building is partially damaged by fire or other
casualty, Landlord shall have the option either to terminate this Lease or to
enter and repair the demised premises. Landlord shall advise Tenant of its
choice of either option by written notice given within sixty (60) days of the
happening of such fire or other casualty. In the event Tenant elects not to
restore or repair the demised premises, all rights and obligations of the
Landlord and Tenant hereunder shall cease and terminate as of the date of such
fire or other casualty and prepaid or unpaid rent shall be immediately adjusted
as of such date. In the event Landlord elects to and does restore or repair the
demised premises, then and in such event, Tenant shall resume occupancy of the
demised premises immediately upon the substantial restoration or repair thereof,
and the within Lease, and all its terms, conditions, covenants and provisions
shall continue from the date that the demised premises is substantially restored
or repaired for a term equal to the entire unexpired term of this Lease
remaining at the time of the occurrence of such fire or other casualty. During
the period of any repairs, the rent shall be equitably prorated to the extent
that Tenant shall be deprived of the use and occupancy of the demised premises
resulting exclusively from said fire or other casualty.
10. INDEMNITY AND INSURANCE BY TENANT:
A. Tenant covenants and agrees that it will protect and save and keep
Landlord forever free and harmless and indemnified against and from any penalty
or damage or charges imposed for any violation of any law or ordinance, whether
occasioned by the neglect or intentional act of Tenant or those holding under
Tenant; and that Tenant will at all times protect, indemnify and save and keep
Landlord free and harmless and indemnified against and from all claims, loss,
cost, damage and expense arising out of or from any accident or other occurrence
on or about the demised premises other than the roof or exterior or other
portions of the building for which Landlord is responsible under the terms of
this Lease, causing injury to any person or property whomsoever or whatsoever,
and will procure and continue in force insurance for said purpose; and will
protect, indemnify, save and keep Landlord free and harmless and indemnified
against and from any and all claims on account of any and all losses, costs,
damages or expenses arising out of any failure of Tenant in any respect to
comply with and perform all the terms, conditions, covenants and provisions in
the within Lease to be performed by Tenant.
B. Tenant agrees that, at its own cost and expense, it will procure
and continue in force, throughout the entire term of this Lease, general
liability insurance covering any and all claims for injuries to persons and any
and all claims for damage to property in, on, or about the demised premises.
Such insurance, referred to in the preceding two paragraphs, shall at
all times be not less than FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS for
injury to any one person, not less than ONE MILLION ($1,000,000.00) DOLLARS for
injuries to more than one person in one accident, and not less than TWO HUNDRED
FIFTY THOUSAND ($250,000.00) DOLLARS for damage to property with a deductible
amount thereunder not to exceed TWO THOUSAND FIVE HUNDRED ($2,500.00) DOLLARS.
C. Tenant further agrees that, at its own cost and expense, it will
procure and continue in force, throughout the entire term of this Lease, fire
and extended coverage, vandalism, malicious
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mischief and extended coverage insurance to the extent of the replacement value
of the demised premises and the buildings and improvements thereon, including
those improvements furnished by Tenant.
D. All of such insurance shall be written with a reputable company or
companies authorized to engage in the business of general liability insurance in
the Commonwealth of Pennsylvania. All of the policies of insurance issued by
said companies shall name the Landlord as an additional insured and the
liability policy shall bear an endorsement holding and saving Landlord free and
harmless and indemnified against any and all claims whatsoever arising out of
injury to or death of any person or damage to any property resulting from the
use and occupancy of the demised premises. Tenant shall furnish Landlord, at
least fifteen (15) days prior to the commencement of the term of this Lease, and
thereafter, at least fifteen (15) days prior to the expiration of any policy,
with customary insurance certificates evidencing all of such insurance, which
shall provide that Landlord shall receive at least fifteen (15) days prior
notice in writing of the cancellation of any such insurance policy. In the event
Tenant fails to furnish such certificates, Landlord may, but shall not be
required to, obtain such insurance and the premiums on such insurance shall be
deemed additional rental to be paid by Tenant to Landlord upon demand.
11. PROPERTY IN DEMISED PREMISES: All personal property of every kind or
description that may at any time be in or on the demised premises shall be at
Tenant's sole risk or at the risk of others claiming under the Tenant and the
Landlord shall not be liable for any damage to said property or loss suffered by
the business or occupation of Tenant caused in any matter whatsoever.
At the expiration of the term herein provided or any renewals thereof,
the Tenant may remove all the trade fixtures which can be removed without injury
to or defacement of said premises, providing all the terms and conditions of
this Lease have been fully performed by Tenant and rents hereinbefore stipulated
are paid in full and all damage to said premises caused by the removal of said
trade fixtures is repaired. Notwithstanding the foregoing, all alterations,
leasehold improvements, and additions to the demised premises, all chattels
affixed by Tenant to the demised premises, all carpeting, and all air
conditioning, heating, lighting and plumbing equipment and fixtures installed by
Tenant at the demised premises shall, unless Landlord gives Tenant notice to
remove the same within thirty (30) days of the end of the term of this Lease,
remain upon the demised premises at the end of the term of the Lease and shall
become the property of Landlord.
12. UTILITIES: Tenant shall make all arrangements for and pay for fifty
(50%) percent of all utilities and services furnished to or used by it excluding
telephone services, but including gas, electricity, water, sewage, trash
collection and for all connection charges. In the event Landlord provides said
services to Tenant, Tenant shall pay Landlord fifty (50%) percent for the cost
of said services, within thirty (30) days of billing.
13. ASSIGNMENT AND SUBLETTING: References elsewhere herein to assignees or
sublessees notwithstanding, Tenant covenants and agrees not to assign this Lease
nor to sublet the whole or any part of the demised premises nor to permit any
other person to occupy the whole or
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any part of the demised premises without first obtaining the written consent of
Landlord. Any attempted assignment or subletting by Tenant without Landlord's
prior written consent shall be void and shall constitute a default under this
Lease. The acceptance of rent from any other person shall not be deemed to be a
waiver of any of the terms, conditions, covenants and provisions of this Lease
or to be a consent to the assignment of this Lease or the subletting of the
demised premises or any part thereof.
If this Lease is assigned or if the whole or any part of the demised
premises be sublet, Tenant shall nevertheless remain fully liable for the
performance of all obligations under this Lease to be performed by Tenant and
Tenant shall not be released therefrom in any manner. Any rent or additional
rent received by Tenant from any assignee or subtenant of Tenant in excess of
the rent or additional rent due and payable under this Lease shall belong to
Landlord, and Tenant shall pay said sums to Landlord contemporaneously with the
other payments due under this Lease. Any consent of Landlord to an assignment or
subletting shall not be deemed to waive the obligation to obtain Landlord's
written consent to any further assignment or subletting.
14. CONDEMNATION: If the whole of the demised premises shall be taken by any
government or public authority under the power of eminent domain, or conveyed in
lieu thereof, then the term of this Lease shall cease from the day possession of
the demised premises shall be taken and the rent shall be paid up to that day.
In the event that less than the whole of the demised premises shall be taken,
Landlord shall have the option, to be exercised within thirty (30) days of the
date that possession of the part of the demised premises is taken, to terminate
this Lease, and the rent shall be paid up to the date of termination.
In the event Landlord does not exercise said option, then this Lease
shall continue in full force and effect, except that the rent shall be reduced
to an amount bearing the same proportion to the rent before such taking or
condemnation as the floor area after such taking or condemnation bears to the
first floor area of the demised premises before such taking or condemnation.
The entire compensation award, both fee and leasehold, shall belong to
the Landlord without any deductions therefrom for any present or future estate
of Tenant, and Tenant hereby assigns to Landlord all its right, title and
interest to any such award. Tenant shall, however, be entitled to such award as
may be allowed for fixtures and other equipment installed by it, and any other
compensation allowed under the laws of the Commonwealth of Pennsylvania, but
only if such award or other compensation shall be in addition to the award for
the land and building containing the demised premises.
15. USE: Tenant shall occupy and use the demised premises only for lawful
business purposes, and for no other purpose whatsoever during the entire term of
this Lease, and shall, at its sole cost and expense, comply with and cause the
demised premises to comply with all federal, state, county, municipal, and other
government statutes, laws, rules, orders, regulations and ordinances affecting
the demised premises or any part thereof, or the use thereof.
16. SUBORDINATION: Tenant agrees that this Lease shall be subordinated to
any mortgage now or hereafter placed upon the demised premises, to any and all
advances to be made thereunder, and to all renewals, replacements and extensions
thereof; provided, however, that the
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holder of any such mortgage ("Mortgagee") shall enter into a written agreement
with Tenant to the effect that (a) in the event of foreclosure or other action
taken under the mortgage by Mortgagee, this Lease and the rights of Tenant
hereunder shall not be disturbed so long as Tenant shall not be in material
default hereunder beyond any time permitted to cure, but shall continue in full
force and effect; and (b) such Mortgagee shall permit insurance proceeds to be
used for any restoration or repair required by the provisions of this Lease.
Tenant agrees that immediately upon the request of Landlord in writing, it will,
without charge therefor, execute an instrument or instruments to confirm the
subordination of this Lease and the lien hereof to the lien of any present or
future mortgage, and hereby irrevocably appoints Landlord the attorney-in-fact
of Tenant to execute and deliver such instrument or instruments for and in the
name of Tenant, in the event Tenant shall fail to execute such instrument or
instruments within ten (10) days after written notice to do so. In the event of
any mortgagee electing to have the Lease be prior in lien to its mortgage, then,
upon such mortgagee notifying Tenant to that effect, this Lease shall be deemed
prior in lien to the said mortgage, whether this Lease is dated prior to or
subsequent to the date of said mortgage. In the event any person or entity shall
succeed to all or part of Landlord's interest in the demised premises, whether
by purchase or foreclosure, or otherwise and if so requested or required by such
successor in interest, Tenant shall attorn to such successor in interest and
shall execute such agreement in confirmation of such attornment as such
successor in interest shall reasonably request. If on the date of this Lease
there is in existence a mortgage on the demised premises other than the mortgage
held by the SBA, Landlord agrees to obtain from such mortgagee a written
agreement that this Lease and the rights of Tenant hereunder shall not be
disturbed so long as Tenant shall not be in material default hereunder beyond
any time permitted to cure.
17. ESTOPPEL CERTIFICATE: At any time, and from time to time, upon the
written request of Landlord or any mortgagee, Tenant within ten (10) days of the
date of such written request, agrees to execute and deliver to Landlord and/or
such mortgagee, without charge and in a form satisfactory to Landlord and/or
such mortgagee, a written statement: (i) ratifying this Lease; (ii) confirming
the commencement date and expiration date of the term of this Lease; (iii)
certifying that Tenant is in occupancy of the demised premises, and that this
Lease is in full force and effect and has not been modified, assigned,
supplemented or amended, except by such writings as shall be stated; (iv)
certifying that all conditions and agreements under this Lease to be satisfied
or performed by Landlord have been satisfied and performed, except as shall be
stated; (v) certifying that Landlord is not in default under this Lease and
there are no defenses or offsets against the enforcement of this Lease by
Landlord, or stating the defaults and/or defenses claimed by Tenant; (vi)
reciting the amount of advance rental, if any, paid by Tenant and the date to
which rental has been paid; (vii) reciting the amount of security deposited with
Landlord, if any; and (viii) any other information which Landlord or the
mortgagee shall require.
18. WAIVER: The Tenant expressly waives to the Landlord the benefit of Act
No. 20, approved April 6, 1951, entitled "The Landlord and Tenant Act of 1951"
requiring notice to vacate the premises at the end of the term or any subsequent
term for which this Lease may be renewed and covenants and agrees to give up
quiet and peaceable possession, without further notice from Landlord.
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19. MECHANIC'S LIEN: Any mechanic's lien filed against the demised premises
or the building in which the demised premises is a part for work claimed to have
been done or for materials claimed to have been furnished to Tenant shall be
discharged by Tenant within thirty (30) days after the filing of any mechanic's
lien. If Tenant shall fail to cause such lien to be discharged within the period
aforesaid, then, in addition to any other right or remedy which Landlord may
have, Landlord may, but shall not be obligated to, discharge said lien either by
paying the amount claimed to be due or by procuring the discharge of such lien
by deposit or by bonding procedures, and any amount so paid by Landlord and all
costs and expenses incurred by Landlord in connection therewith, plus interest,
shall constitute additional rental payable by Tenant under this Lease and shall
be paid by Tenant to Landlord on demand. Nothing contained in or contemplated by
this Lease shall be deemed or construed in any way as constituting the consent
or request of Landlord for the performance of any work or the furnishing of any
materials for which any lien could be filed against the demised premises or the
building of which it is a part or the land on which it is situate, nor as giving
Tenant any right, power or authority to contract for or permit the performance
of any work or the furnishing of any materials for which any lien could be filed
against the demised premises, or the building of which it is a part or the land
on which it is situate.
20. ACCESS TO DEMISED PREMISES: Tenant agrees to permit Landlord to inspect
or examine the demised premises during working hours and to permit Landlord to
enter the demised premises during working hours to make any repairs,
alterations, improvements or additions in and to the demised premises that
Landlord may deem desirable or necessary or that Tenant has failed to do
although required to do under the terms, conditions, covenants and provisions of
this Lease.
Such entrance into the demised premises by Landlord shall not be
construed as an eviction of Tenant from the demised premises in whole or in
part, and the rent, additional rent and any other payments provided in the
within Lease to be made by Tenant shall in no way xxxxx while such repairs,
alterations, improvements or additions are being made by reason of any claim by
Tenant on account of loss or interruption of business. Any repairs that are
being made shall be done in a manner so as to be the least disruptive as
possible under the circumstances to the operation of Tenant's business.
Provided that Tenant does not exercise its option to renew as
hereinabove set forth, Landlord shall have the right to enter upon the demised
premises for a period commencing ninety (90) days prior to the termination of
this Lease for the purpose of exhibiting the same to prospective tenants or
purchasers. During said period, Landlord may place signs in, on, or about said
demised premises to indicate that same are for rent or sale, which signs shall
not be removed, obliterated or hidden by Tenant.
21. SURRENDER AND REMOVAL: Tenant covenants and agrees to deliver and
surrender to Landlord possession of the demised premises upon the expiration of
the term of this Lease, broom clean and in as good condition and repair as the
same shall be at the commencement of the term of this Lease or may have been put
by Landlord or Tenant during the continuance thereof, ordinary wear and tear and
damage by fire or the elements excepted.
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22. WAIVER OF SUBROGATION: Landlord and Tenant release each other from any
liability on account of loss, damage, cost or expense resulting from fire or
other insurable casualty and waive any right of subrogation which might
otherwise exist in or accrue to any person on account thereof, but only to the
extent of the insurance proceeds received, provided that such release of
liability and waiver of the right of subrogation shall not be operative in any
case where the effect thereof is to invalidate any insurance coverage.
23. HOLD OVER: If Tenant occupies the demised premises after the end of the
term hereof with the permission of the Landlord, this Lease and all its terms,
conditions and provisions shall be in force for another month and so on from
month to month, unless either party gives notice to the other party at least
thirty (30) days prior to the end of any such month not to continue the within
Lease beyond the end of any such month, in which event Tenant covenants and
agrees to vacate the demised premises on or before the end of any such month. If
Tenant remains in the demised premises after the end of the term hereof without
the permission of the Landlord or after the effective date of a notice to vacate
from Landlord as set forth above, Landlord may treat Tenant as a trespasser and
Tenant agrees to pay to Landlord monthly rent in an amount equal to twice the
highest monthly rent due hereunder until such time as Tenant vacates the demised
premises.
24. SECURITY DEPOSIT: Upon the execution of this Lease by Tenant, Tenant
shall deposit with Landlord the sum of ONE THOUSAND FIVE HUNDRED ($1,500.00)
DOLLARS, to guarantee the return of the demised premises to Landlord upon the
termination of this Lease in as good condition as when received by Tenant,
reasonable wear and tear and damage by fire or other casualty excepted, and to
indemnify Landlord against loss or damage caused by Tenant's occupancy of the
demised premises and any other indebtedness due from Tenant. In the event
Landlord applies the Security Deposit, in whole or in part, against any obliga-
tions due from Tenant to Landlord, Tenant shall, upon demand by landlord,
deposit sufficient funds with Landlord to maintain the Security deposit in the
initial mount. At the termination of this Lease or any renewal thereof, the
Security Deposit will be returned to Tenant, without interest, within thirty
(30) days following the vacation of the demised premises, or within thirty (30)
days after Tenant provides Landlord with his new address in writing, whichever
comes later, after deducting any amount needed to cover damages to the demised
premises, replacement of keys, unpaid obligations to Landlord, cleaning and
restoring the demised premises and any other amount due Landlord. It is
understood that the Security Deposit is not to be considered as payment toward
any rental installment due under this Lease and it shall not be so applied
without the written approval of Landlord.
25. BREACHES AND REMEDIES: Any one or more of the following shall
constitute an "Event of Default" under this Lease:
(a) failure by Tenant to pay any installment of
rent, additional rent or of any sum provided for
under this Lease as the same becomes due and payable;
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(b) failure by Tenant to perform or observe any
other covenant or condition contained in this Lease,
which failure shall continue after twenty (20) days
written notice thereof from Landlord to Tenant;
(c) any removal or attempted removal, or the
expression or declaration of an intention to remove,
without the prior written consent of the Landlord,
any of Tenant's equipment, appliances, goods or
personal property from the demised premises for any
reason other than in the normal and usual operation
of Tenant's business within the demised premises;
(d) abandonment of the demised premises or the
expression of an intention to do so;
(e) issuance of an execution against Tenant which
is not stayed by payment or otherwise within five (5)
days from the date of issuance of said execution;
(f) institution of bankruptcy proceedings by
Tenant, or institution of bankruptcy proceedings
against Tenant which are not withdrawn or dismissed
within twenty (20) days after the institution of said
proceedings;
(g) an assignment by Tenant for the benefit of
creditors, or appointment of a receiver for Tenant by
legal proceedings or otherwise.
In the event that Tenant commits an Event of Default, the entire rent
for the balance of the said term shall, at Landlords option, become due and
payable as if by the terms of this Lease it were all payable in advance. In such
event, Landlord may also serve upon Tenant a written notice that the term of
this Lease has terminated and, in such event, Tenant shall have no right to
avoid the termination by payment of any sum due or by the performance of any
covenant or condition broken. Upon termination, Tenant shall surrender the
demised premises to Landlord. Notwithstanding any statute, rule of law, or
decision of any court to the contrary, Tenant shall remain liable, even after
termination of the Lease, for rent, additional rent and/or accelerated rent due
under this Lease, and for all damages caused by Tenant's breach or breaches of
the Lease.
In case this Lease shall be terminated as aforesaid, or if the premises
become vacant or deserted, then, in addition to all other remedies of Landlord,
Landlord may without notice terminate all services and/or re-enter the demised
premises either by force or otherwise and dispossess Tenant. Landlord may, but
shall not be required to, attempt to relet the demised premises or any part or
parts thereof for a term which may, at Landlord's option, be less than or exceed
the period which would otherwise have constituted the balance of the term of
this Lease, and may grant concessions or free rent or make improvements or
additions to the demised premises in order to facilitate a reletting of the
demised premises.
26. CONFESSIONS OF JUDGMENT: For value received and in the event an Event of
Default occurs hereunder, Tenant does hereby empower any attorney in the
Commonwealth of
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Pennsylvania to appear for Tenant and with or without declaration filed, confess
judgment against Tenant and in favor of said Landlord, his heirs, devisees,
executors, administrators or assigns, for the sum due by reason of said default
in the payment of rent and other sums, including unpaid rent, and additional
rental for the balance of the term and/or for the sum due by reason of any
breach of covenant or agreement by Tenant herein, with costs of suit and
attorney's commission of ten (10%) percent for collection, and forthwith issue
writ or writs of execution thereon with release of all errors and without stay
of execution.
For value received and in the event an Event of Default occurs
hereunder, or upon termination of the term of the Lease and the failure of
Tenant to deliver possession to landlord, Tenant further, at the option of
Landlord, authorizes and empowers any such attorney, either in addition to or
without such judgment for the amount due according to the terms of this Lease,
to appear for said Tenant and confess judgment forthwith against Tenant and in
favor of Landlord in an amicable action of ejectment for the demised premises,
with release of all errors and forthwith issue a writ or writs of possession for
the demised premises and a writ or writs of execution for the amount of any
judgment and costs, without leave of Court, and Landlord may without notice
re-enter and expel Tenant from the demised premises, and also any person holding
under Tenant, and in each case, this Lease or a true copy thereof shall be a
sufficient warrant of any person.
Tenant covenants and agrees that both of these confession of judgment
clauses shall remain in effect subsequent to, and shall survive the termination
of this Lease, for any reason whatsoever.
27. NOTICES: Any notice, request, demand, approval or consent given or
required to be given under this Lease shall be in writing and shall be deemed to
have been given on the day when the same shall have been mailed by United States
registered or certified mail, return receipt requested, with all postal charges
prepaid, addressed, if intended to Landlord to 000 Xxxxxxxxx Xxxxxx, Xxxxxxxxxx,
Xxxxxxxxxxxx 00000, or, if intended for Tenant, to Tenant at the demised
premises. Either party may, at any time, change its address for the above
purposes by sending a notice to the other party stating the new address.
28. WAIVER BY LANDLORD: The waiver by Landlord of any breach of any term,
covenant or condition herein contained shall not be deemed to be a waiver of any
subsequent breach of the same or of any other term, covenant or condition herein
contained. The subsequent acceptance of rent due hereunder or any or all other
monetary obligations of Tenant hereunder, whether or not denoted as rent
hereunder, by Landlord shall not be deemed to be a waiver of any breach by
Tenant of any term, covenant or condition of this Lease, regardless of
Landlord's knowledge of such breach at the time of acceptance of such rent.
29. WAIVER OF JURY TRIAL: The Tenant and Landlord both waive a trial by
jury of any and all issues arising in any action or proceeding between the
parties hereto or their successors, under or in connection with this Lease or
any of its provisions.
30. REMEDIES CUMULATIVE: Mention in this Lease or institution of any
particular remedy by Landlord shall not preclude Landlord from any other
remedies under this Lease, or now or hereafter existing at law or in equity or
by statute.
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31. NEGATION OF PERSONAL LIABILITY: Notwithstanding anything to the contrary
herein contained, Tenant agrees that Landlord shall have no personal liability
with respect to any of the provisions of this Lease and Tenant shall look solely
to the estate and property of Landlord in the Building and the land on which it
is situate for the satisfaction of Tenant's remedies or claims including without
limitation the collection of any judgment requiring the payment of money by
Landlord in the event of any default or breach by Landlord with respect to any
of the terms and provisions of this Lease to be observed and/or performed by
Landlord.
32. COMPLETE OBLIGATIONS: This Lease contains the entire agreement between
the parties hereto, and neither party has made any statement, agreement or
representation, either oral or written, in connection therewith, modifying,
adding or changing the terms, conditions, covenants and provisions herein set
forth. No modification of this Lease shall be binding unless such modification
shall be in writing and signed by the parties hereto.
33. MISCELLANEOUS: As used in this Lease and when required by the context,
each number (singular or plural) includes all numbers, each gender includes all
genders and the word "it" includes any appropriate pronoun as the context
requires.
34. PROVISIONS BINDING: This Lease and all the terms and provisions hereof
shall inure to the benefit of and be binding upon the parties hereto, their
respective heirs, administrators, executors, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Lease with
the intention legally to be bound hereby the day and year first above written.
WITNESS: LANDLORD
XXXXXXX INTERNATIONAL
CORPORATION
__________________________________ By:___________________________(SEAL)
Title:______________________________
TENANT
EONNET TECHNOLOGIES, INC.
__________________________________ By:___________________________(SEAL)
Title:______________________________
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