INDUSTRIAL LEASE
Exhibit
10.13
THIS
LEASE AGREEMENT, is made and entered into this 15th
day of
October , 2005, by and between Ralf LLC , an Oklahoma
Limited Liability Company, hereinafter called "LESSOR" and High Performance
Coatings, Inc. , hereinafter called "LESSEE". For and in consideration of
the covenants and agreements herein provided, LESSOR does hereby lease to
LESSEE
certain real property situated in Oklahoma County, State of Oklahoma, which
contains approximately 5,000 square feet and is described as 000 X.
Xxxxx, XXX, XX 00000.
1.
TERM: This lease shall be for a term of Month to Month beginning
on October 15 , 2005 , LESSEE shall give LESSOR 60 days notice of
vacation of premises.
2.
RENT: LESSEE agrees to pay LESSOR as rental for above described
property OneThousand Two Hundred Fifty Dollars ($1,250.00 )
on or before the 15th day of each month during the term of this lease,
payable to LESSOR at the above address or such other place as LESSOR may
designate.
LATE
CHARGE: A late charge equal to ten percent (10%) of the monthly rental payment
shall be assessed on any such payment made after the 10th day after
said
payment is due. Late charges shall be considered an additional rental and
if not
paid as required, shall constitute a default by LESSEE. All NSF checks will
be
charged a $25.00 fee.
3.
DEPOSIT: The LESSEE has this day deposited with LESSOR, in addition to
the first month's rent as set forth above, the sum of no Dollars ($
0.00), which represents the last month's rent and One Thousand Two
Hundred Fifty Dollars ($1,250.00) Dollars represents a security
deposit for the full and faithful performance by LESSEE of all the terms
and
conditions upon the LESSEE'S part to be performed. The LESSEE shall not be
entitled to any interest on the aforesaid security deposit. Any default or
breach of any of the covenants or conditions of this lease by the LESSEE
shall
forfeit the above deposit to the LESSOR.
4.
USE: LESSEE agrees to take good care of premises and not use
them for any purpose other than Storage Warehouse including, but not limited
to, receiving, storageof goods in process and finished goods, shipping,
and light manufacturing. LESSEE agrees to require all employees to park in
parking areas provided by LESSOR in order that parking spaces most convenient
for customers will be available at all times.
5.
LESSEE MAINTENANCE: LESSEE shall maintain in good order, condition, and
repair the interior of the Premises, including all heating and air conditioning
equipment, and electrical and lighting facilities, and plumbing and sprinkler
systems installed in the Premises, and shall replace all broken glass, including
plate glass and exterior show windows, and repair any broken doors unless
such
maintenance or repair is caused in whole or in part by the neglect, fault,
or
omission of LESSEE, its agents, employees or invitees, in which event LESSOR
shall pay to LESSEE the cost of such maintenance and repair. LESSEE shall
make
all other repairs, whether of a like or different nature, including damages
caused by unauthorized breaking and entering, except those which LESSOR is
specifically obligated to make.
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In
the
event LESSEE fails to maintain the Premises in good order, condition, and
repair, LESSOR shall give LESSEE notice to do such acts as are reasonably
required so to maintain the Premises. In the event LESSEE fails promptly
to
commence such work or diligently prosecute the same to completion, LESSOR
may
but is not obligated to do such acts and expend such funds at the expense
of the
LESSEE as are reasonably required to perform such work. Any amount so expended
by LESSOR shall be paid by LESSEE promptly after demand, with interest at
eighteen percent (18%) per annum from the date of such work. LESSOR shall
have
no liability to LESSEE for any damage, inconvenience or intereference with
the
use of the Premises by LESSEE as a result of performing any such work or
by
reason of undertaking the repairs.
LESSEE
shall be required to maintain landscaping and mow any grass area, keeping
the
parking lot, sidewalks and driveways free of debris and provide rat-proof
refuse
receptacles. If Premises are part of a larger complex, LESSOR may perform
the specified maintenance and LESSEE shall reimburse LESSOR for its pro-rata
share of said expense.
Upon
the
expiration or earlier termination of this Lease, LESSEE shall surrender the
Premises in good condition, ordinary wear and tear and damage by causes beyond
the reasonable control of LESSEE only excepted. LESSEE shall indemnify LESSOR
against any loss or liability resulting from delay by LESSEE in so surrendering
the Premises, including without limitation any claims made by any succeeding
LESSEE founded on such delay.
6.
LESSOR MAINTENANCE LESSOR shall repair and maintain the structural
portion of the Premises, including exterior walls and roof, unless such
maintenance or repair is caused in whole or in part by the neglect, fault,
or
omission of LESSEE, its agents, employees or invitees, or by unauthorized
breaking and entering, in which event LESSEE shall pay to LESSOR the cost
of
such maintenance and repair. LESSOR shall have no obligation to repair until
a
reasonable time after the receipt by LESSOR of written notice of the need
for
repairs. Provided such repairs are undertaken in a reasonable time and manner,
and unless otherwise specifically provided in this Lease, there shall be
no
abatement of rent and no liability of LESSOR by reason of any injury to or
interference with LESSEE'S business arising from the making of any repairs,
alterations or improvements in or to any portion of the Premises, or parking
lot.
7.
ALTERATION: LESSEE shall not erect or place any signs or
advertising on or visible from the exterior of the premises, nor alter the
exterior or make any alterations or additions to the Premises without LESSOR'S
prior written consent, which consent shall not be unreasonably withheld.
All
alterations, additions and improvements made by LESSEE to or upon the Premises,
except furniture and fixtures, shall at once when made or installed be deemed
to
have been attached to the freehold and to have become the property of LESSOR;
provided, however, the LESSOR shall have the right in the course of its written
consent to determine that any such addition, improvement, fixtures, trade
fixtures and installations to be undertaken by LESSEE shall be removed at
the
termination of this Lease. In the event any such work has been so identified,
the LESSEE shall promptly remove the additions, improvements, fixtures, trade
fixtures and installations which were placed in the Premises by LESSEE and
which
are designated in said notice, and shall repair any damage occasioned by
such
removal; and in default thereof LESSOR may effect said removal and repairs
at
LESSEE'S expense.
2
Any
improvements, alterations, repairs, or maintenance will be performed in a
workmanlike manner by qualified and licensed firms. LESSEE further agrees
not to
allow any liens for non-payment to be placed on subject property; if any
liens
do appear, LESSEE agrees to deposit sufficient funds with LESSOR to satisfy
said
lien or judgment.
8.
POSSESSION: LESSOR warrants that it has good title to the Premises;
that it will, at the beginning of the term hereof, deliver possession to
LESSEE
in good condition, free of all other tenancies, which condition will comply
with
all laws and ordinances applicable to the Premises and their intended use.
Each
party hereto affirms and states it has full right and authority to enter
into
this lease agreement.
9.
TAXES: During the term of this Lease, LESSOR shall pay and discharge
all ad valorem, special assessment, or other taxes levied or assessed against
the leased premises, or any part thereof. LESSEE shall pay all such taxes
assessed against personal property of LESSEE located on the leased premises.
However, if ad valorem taxes are increased after first year of LESSEE'S
occupancy, LESSEE agrees to pay their pro-rata share of said increase based
on
the relationship of LESSEE'S space to total area of building.
10.
COMMENCEMENT: Notwithstanding said commencement date, if for any reason
LESSOR cannot deliver possession of the Premises to LESSEE on said date,
LESSOR
shall not be subject to any liability therefore, nor shall such failure affect
the validity of the Lease or the obligations of LESSEE hereunder or extend
the
term hereof, but in such case LESSEE shall not be obligated to pay rent until
possession of the Premises is tendered to LESSEE; provided, however, that
if
LESSOR shall not have delivered possession of the Premises within sixty (60)
days from said commencement date, LESSEE may, at LESSEE'S option, by notice
in
writing to LESSOR within ten (10) days thereafter, cancel this Lease, in
which
event the parties shall be discharged from all obligations hereunder. If
LESSEE
occupies the Premises prior to said commencement date, such occupancy shall
be
subject to all provisions here, such occupancy shall not advance the termination
date, and LESSEE shall pay rent for such period at the initial monthly rate
set
forth.
11.
SUBLEASE: The LESSEE shall not assign or transfer this Lease or any
interest therein nor sublet said premises or any part thereof without the
written consent of the LESSOR, but such consent shall not be unreasonably
withheld; nor shall this Lease be assignable or transferable by operation
of law
or by any process or proceeding of any Court, or otherwise without the written
consent of the LESSOR.
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12.
LESSEE'S PRIVATE AREA: The square footage computed by LESSOR is
enclosed within a perimeter line consisting of the outer wall or glass line
of
the building and the midpoint of the common walls separating the LESSEE'S
private area from common area of other tenants of the Building.
13.
SUBORDINATION: This Lease and all rights of the LESSEE hereunder at the
option of the LESSOR will be subject and subordinate to all encumbrances.
LESSEE
agrees to execute and deliver to LESSOR from time to time within ten (10)
days
after written request by LESSOR all instruments which might be required by
LESSOR to confirm such subordination. Notwithstanding the foregoing provisions,
LESSEE agrees that any Mortgages will have the right at any time to subordinate
any rights of such Mortgages to the rights of the LESSEE under this Lease
on
such terms and subject to such conditions as such Mortgagee deems appropriate
in
such Mortgagee's absolute discretion.
14.
INSOLVENCY: In the event of attempted assignment of this Lease to
creditors, or the institution of bankruptcy, corporate reorganization, trustee
or receivership proceedings involving LESSEE, such acts shall forthwith and
of
themselves cancel and void this Lease, and possession of the Premises shall
immediately pass to LESSOR, at its option. If LESSOR exercises its option
to
recover possession of the Premises upon the occurrence of one of such events,
it
shall not be held to have waived its cause of action against LESSEE for its
failure to perform fully the terms of this Lease prior to such
event.
15.
SALE BY LESSOR: In the event LESSOR transfers its interest in the
building, LESSOR will thereby be released from any further obligation hereunder
and LESSEE agrees to look solely to the transferee for the performance of
such
obligations. The agreement of LESSEE to attorn to the designee of the LESSOR
will survive any termination of rights of the LESSOR in the building and
the
LESSEE agrees to execute and deliver to the designee of the LESSOR from time
to
time within ten (10) days after written request therefore all instruments
which
might be required by the LESSOR to confirm such attornment..
16.
MUTUAL INDEMNITY: LESSEE agrees to carry public liability insurance
covering the Premises and the business conducted therein, which insurance
shall
be in an amount not less than $100,000.00 each person and $300,000.00 each
occurrence. Such policies shall be for the benefit of LESSOR and LESSEE as
their
interests may appear, and LESSEE shall furnish LESSOR a certificate of said
insurance. LESSEE further agrees to indemnify LESSOR from any and all damages
to
the contents of any portion of the building herein leased, and from any action,
claim or injuries arising from the maintenance, operation or use by LESSEE,
its
employees, customers or invitees of the Premises by any person, or for any
condition existing on said Premises under the control of LESSEE or which
condition is the responsibility of LESSEE. In any suit or action for damages
arising from alleged negligence of LESSEE in which LESSOR is included as
a
defendant, LESSEE will assume all the burdens, costs and expenses of the
defense
thereof, including attorney's fees, and the cost of settlement or judgment
obtained against LESSOR by reason thereof.
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LESSOR
agrees to carry public liability insurance covering the exterior portions
of the
Premises and access thereto, which insurance shall be in an amount not less
than
$100,000.00 each person and $300,000.00 each occurrence. Such policies shall
be
for the benefit of LESSOR and LESSEE as their interests may appear, and LESSOR
shall furnish LESSEE a certificate of said insurance. LESSOR further agrees
to
indemnify LESSEE from any and all damages from any action, claim or injuries
arising from the maintenance, operation, maintenance or use by LESSOR, its
employees, customers or invitees of the exterior portions of the Premises
and
access thereto by any person, or for any condition existing on said areas
under
the control of LESSOR or which condition is the responsibility of LESSOR.
In any
suit or action for damages arising from alleged negligence of LESSOR in which
LESSEE is included as a defendant, LESSOR will assume all the burdens, costs
and
expenses of the defense thereof, including attorney's fees, and the cost
of
settlement or judgment obtained against LESSEE by reason thereof.
17.
DESTRUCTION: In the event said Premises are damaged, partially
destroyed or rendered partially unfit for their accustomed uses by fire,
tornado, or any other casualty, LESSOR shall, at its expense, promptly restore
the Premises to substantially the condition in which they were immediately
prior
to such casualty. From the date of such casualty until said Premises are
restored, rent shall xxxxx in such proportion as the part of said Premises
thus
destroyed or rendered unfit bears to the total Premises. In the event the
Premises are totally destroyed or rendered wholly unfit for their accustomed
uses by any casualty, LESSOR may, at its option, elect to restore said premises
at its expense to substantially the condition they were in prior to such
casualty. If LESSOR does not commence such restoration within three (3) months
after such casualty, this Lease shall terminate and LESSEE shall be liable
for
rent only to the time of such casualty. The Premises shall be deemed totally
destroyed if the cost of restoration exceeds 50% of the fair market value
of the
improvements theron prior to such casualty. LESSEE shall receive pro-rata
refund
of any sum paid in advance for the period during which the Premises are unfit
for use.
18.
DEFAULT: If LESSEE vacates or abandons said Premises or defaults in the
payment of the rent reserved or any installment thereof, or breaches any
of the
covenants herein, and if such default or breach continues for ten (10) days
after written notice thereof, LESSOR may, at its option, terminate this Lease
or
without such termination enter said Premises, remove LESSEE'S property
therefrom, and re-let the same for the account of LESSEE for such rent and
upon
such terms as may be satisfactory to LESSOR, without such re-entry working
a
forfeiture of past or future rents to be paid or the covenants to be performed
by LESSEE during the full term hereof. In any event, LESSEE shall pay any
rent
deficiency, each month thereafter, during the balance of the term
hereof.
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19.
LIEN: All property of LESSEE, in or upon said Premises, whether or not
exempt from execution, shall be subject to a lien for payment of the rent
reserved and for any damages arising from any breach by LESSEE of any of
the
covenants herein. If default is made in the payment of any installment of
the
rent, or any part thereof, and if such default continues for ten (10) days
after
written notice thereof to LESSEE, LESSOR may take possession of said property
of
LESSEE, or any pert thereof, and sell it at public or private sale, with
or
without auction, to the highest bidder for cash, and apply the proceeds of
said
sale first toward the cost of sale and then toward said debt or damages,
any
remainder to be paid to LESSEE. In the event it becomes necessary for LESSOR
to
take legal action for the enforcement of any obligation imposed upon LESSEE
by
this Lease, LESSEE will bear all of the costs and expenses of said action,
including reasonable attorney's fees.
20.
WAIVER AND NOTICE: Any assent, expressed or implied, by LESSOR to any
breach of any covenant or condition herein shall operate as such only in
the
specific instance and shall not be an assent or waiver thereof generally
or of
any subsequent breach thereof. The various rights, powers, elections and
remedies of LESSOR contained herein are cumulative, and no one of them shall
be
exclusive of others or of any allowed by law. No right shall be exhausted
by
being exercised on one or more occasions. Time is of the essence hereof.
Where
provision is made herein for notice of any kind, it shall be deemed sufficient,
if such notice is to LESSEE, if addressed to LESSEE at the leased Premises;
and
if to LESSOR, if addressed to LESSOR at the address shown in Lease. Such
notice
shall be given by registered mail with postage prepaid. The provisions contained
herein, including any additional provisions, are the complete terms of the
Lease, and no alterations or modifications of said terms shall be binding
unless
signed by both parties.
21.
SUITABILITY: LESSEE acknowledges that neither LESSOR nor any agent of
LESSOR has made any representation or warranty with respect to the Premises
or
the suitability of the Premises for the conduct of LESSEE'S business, nor
has
LESSOR agreed to undertake any modification, alteration or improvement to
the
Premises except as provided in this Lease. The taking of possession of the
Premises by LESSEE shall conclusively establish that the Premises were at
such
time in satisfactory condition unless within fifteen (15) days after such
date
LESSEE shall give LESSOR written notice specifying in reasonable detail the
respects in which the Premises or the building were not in satisfactory
condition. By execution hereto, LESSEE AND LESSOR acknowledge that they have
inves-tigated all representation of agents, and as such agents shall be relieved
of all liability for future claims.
22.
PROHIBITED USES: LESSEE shall not use said Premises for any use other
than that which is specified in this Lease, and shall not permit them to
be
used, for any other purposes, without first obtaining the written consent
of
LESSOR, which consent shall not be unreasonably withheld. LESSEE shall promptly
and continuously comply with all laws, orders, and regulations of the State,
County, and City affecting the use, occupation, safety, and cleanliness of
the
said Premises and the equipment of LESSEE.
LESSEE
may not display or sell items or allow carts, portable signs, devices or
any
other objects to be stored or to remain outside the defined exterior walls
and
permanent doorways of the Premises. LESSEE further agrees not to install
any
exterior lighting, amplifiers or similar devices or use in or about the
Premises, nor any advertising medium which may be heard or seen outside the
Premises, such as flashing lights, searchlights, loudspeakers, phonographs,
or
radio broadcasts.
6
LESSEE
shall not do or permit anything to be done in or about the Premises nor bring
in
or keep anything therein which will in any way increase the existing rate
or
affect any fire or other insurance upon the Premises or any building of which
the Premises may be a part or any of its contents, nor shall LESSEE sell
or
permit any articles to be kept, used or sold in or about the Premises, which
may
be prohibited by a standard form policy of fire insurance. If LESSOR'S insurance
premium is increased as a result of LESSEE'S business operation, LESSEE agrees
to pay said increase.
In
the
event the Premises represent a section of a larger building, LESSEE shall
not do
or permit anything to be done in or about the Premises which will in any
way
obstruct or interfere with the rights of other tenants or occupants of the
building of which the Premises may be a part, or injure or annoy them, or
use or
allow the Premises to be used for any unlawful or objectionable purpose,
nor
shall LESSEE cause, maintain or permit any nuisance in, or on, or about the
Premises. LESSEE shall not commit or allow to be committed any waste in or
upon
the Premises. LESSEE shall keep the Premises in a clean and wholesome condition,
free of any reasonably objectionable noises, odors, or nuisances beyond its
contemplated uses set forth herein.
23.
TERMINATION: LESSOR may show the Premises to prospective Lessees at any
reasonable hour during the last sixty (60) days of the term hereof. LESSEE
agrees that it will without notice, deliver possession of said Premises to
LESSOR upon the termination of the Lease.
24.
WAIVER OF SUBROGATION: LESSOR releases and discharges LESSEE from all
liability which may arise out of the loss or destruction by fire or other
casualty of the leased Premises caused by the act of omission of LESSEE or
its
agents. LESSEE releases and discharges LESSOR from all liability which may
arise
out of the loss or destruction by fire or other casualty of any property
of
LESSEE which may be located upon the Premises, caused by the act or omission
of
LESSOR or its agents. Each of the parties agrees to give notice of this
provision to all companies which issue a policy of fire insurance upon the
Premises, fixtures or contents.
25.
CONDEMNATION: If during the term of this lease more than forty percent
(40%) of the parking lot and/or building should be taken by eminent domain
or
condemnation for public or quasi-public use, or by private purchase in lieu
thereof, this Lease shall terminate upon the election of either party by
giving
written notice to the other party within sixty (60) days after the taking
of
possession by the condemning authority. All funds derived from the condemnation
proceeding shall be paid direct to LESSOR, and LESSEE hereby assigns its
interest in any such award to LESSOR; provided however, LESSOR shall have
no
interest in any such award made to LESSEE for loss of business, fixtures,
or
moving, if such a separate award is made to LESSEE.
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26.
DAMAGE TO PROPERTY: LESSEE shall bear all risks of damage to the
equipment, fixtures, furnishings, inventory, and supplies located on and
situated in said leased Premises and shall maintain adequate insurance thereof
for his own protection and as a result thereof LESSOR is relieved absolutely
of
any liability thereof, including but not limited to, damages to any such
property caused by gas, water, smoke, rain or snow, which may leak into,
issue
or form from any part of said building of which the leased Premises are a
part,
or from pipes or plumbing work of said buildings, or from any other place,
unless such damages are the direct result of LESSOR's negligence in performing
its duties hereunder.
27.INTEREST
ON PAST DUE OBLIGATION: Except as expressly herein provided, any amount
not paid to LESSOR when due shall bear interest at eighteen percent (18%)
per
annum from the due date. Payment of such interest shall not excuse or cure any
default by LESSEE under this Lease.
28.
CORPORATE AUTHORITY: If LESSEE is a corporation, each individual
executing this Lease on behalf of said corporation represents and warrants
that
they are duly authorized to execute and deliver this Lease on behalf of said
corporation in accordance with the By-Laws of said corporation, and that
this
Lease is binding upon said corporation in accordance with its
terms.
29.
INABILITY TO PERFORM: If either party hereto shall be delayed or
prevented from the performance of any act required hereunder by reason of
strike, labor trouble, acts of God or any other cause beyond the reasonable
control of such party (financial inability excepted), and such party is
otherwise without fault, then performance of such act shall be excused for
the
period of the delay, provided that the foregoing shall not excuse LESSEE
from
the prompt payment of any rental or other charge required of LESSEE hereunder
unless otherwise specifically so stated in this Lease.
30.
BINDING EFFECT: The covenants, terms, conditions, and agreements herein
contained shall extend to and be binding upon the respective heirs, trustees,
successors, executors, administrators, and assigns of the parties.
31.
COMPLETE AGREEMENT: The covenants and conditions herein contained,
together with any exhibits and addendums attached, are the full and complete
terms of this Lease Agreement, and no alterations, amendments, or modifications
of the same shall be binding, unless first reduced to writing and signed
by both
parties.
32.
EXAMINATION: The submission of this Lease for examination does not
constitute reservation of or option for the Premises, and this Lease becomes
effective as a Lease only upon execution and delivery thereof by LESSOR and
LESSEE.
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33.
UTILITIES: LESSEE agrees to pay for all water, gas, power and electric
current and all other utilities supplied to the Premises. If any utilities
are
not separately metered, then the rates charged to LESSEE shall not exceed
those
of the local public utility company if its services were furnished directly
to
LESSEE, and shall not be less than its pro-rata share of any jointly metered
service as reasonably determined by LESSOR. LESSOR shall not be liable in
damages or otherwise for any failure or interruption of any utility service
being furnished to the Premises, and as such failure or interruption shall
not
entitle LESSEE to terminate this Lease.
34.
COMMON AREA: If LESSEE'S space is part of a larger complex, LESSEE
shall reimburse the LESSOR for the LESSEE'S pro-rata share of the LESSOR'S
cost
and expenses incurred in the previous month for water and labor for the common
area, the parking area, and adjoining streets for keeping the same clean,
free
from ice and snow, and sanitation; striping the parking area; policing; and
electricity, bulbs, tubes and electricity for lighting the said area and
streets. LESSEE'S pro-rata share of such cost and expenses shall be computed
in
the same proportion to the total of _______________________ and the improvements
and equipment installed by LESSEE such as expense as to the square footage
in
LESSEE'S premises bears to the total square footage of the building's
area.
35.
UTILITY BILLING: It shall be LESSEE'S responsibility to transfer all
utilities including water, gas, and electricity into LESSEE'S name for billing
purposes. Should LESSEE allow any of the above mentioned utilities to be
turned
off for lack of payment this lease shall immediately be considered in default
and therefore terminated.
36.
ABANDONED PERSONAL PROPERTY: Any personal property of the LESSEE or of
any sub-tenant or occupant which shall remain in the Premises after the
expiration or termination of the Lease and the removal of the LESSEE from
the
Premises shall be deemed to have been abandoned by the LESSEE and either
may be
retained by the LESSOR as its property or may be disposed of in such manner
as
the LESSOR sees fit. If such personal property or any part thereof shall
be
sold, the LESSOR may receive and retain the proceeds of such sale and apply
the
same, at its option, against the expense of the sale, the cost of moving
and
storage, any arrears of rent or additional rent payable hereunder and any
damages to which LESSOR may be entitled by law.
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37.
HAZARDOUS WASTE - The term "Hazardous Materials", as used in this Lease
shall mean pollutants, contaminants, toxic or hazardous wastes, or any other
substances, the use and/or the removal of which is required or the use of
which
is restricted, prohibited or penalized by an "Environmental Law", which term
shall mean any federal, state or local law, ordinance or other statute of
a
governmental or quasi-governmental authority relating to pollution or protection
of the environment. Tenant hereby agrees that (i) no activity will be conducted
on the premises that will produce any Hazardous Materials, except for such
activities that are part of the ordinary course for Tenant's business activities
(the "Permitted Activities") provided said Permitted Activities are conducted
in
accordance with all Environmental Laws and have been approved in advance
in
writing by Landlord; Tenant shall be responsible for obtaining any required
permits and paying any fees and providing any testing required by any
governmental agency; (ii) the premises will not be used in any manner for
the
storage of any Hazardous Materials except for the storage of such materials
that
are used in the ordinary course of Tenant's business ("Permitted Materials")
provided such Permitted Materials are properly stored in a manner and location
meeting all Environmental Laws and approved in advance in writing by Landlord;
Tenant shall be responsible for obtaining any required permits and paying
any
fees and providing any testing required by any governmental agency; (iii)
no
portion of the premises will be used as a landfill or a dump; (iv) Tenant
will
not install any underground tanks of any type; (v) Tenant will not allow
any
surface or subsurface conditions to exist or come into existence as a result
of
Tenant's actions or the conduct of Tenant's business on the Leased Premises
that
constitute or with the passage of time may constitute a public or private
nuisance; (vi) Tenant will not permit any Hazardous Materials to be brought
onto
the premises, except for the Permitted Materials described below, or hereafter
approved in writing by Landlord and if so brought or found located thereon,
the
same shall be immediately removed, with proper disposal, and all required
cleanup procedures shall be diligently undertaken pursuant to all Environmental
Laws. Landlord or Landlord's representative shall have the right but not
the
obligation to enter the premises for the purpose to inspect the storage,
use and
disposal of Permitted Materials to ensure compliance with all Environmental
Laws. Should it be determined, in Landlord's sole and reasonable opinion,
that
said Permitted Materials are being improperly stored, used, or disposed of,
then
Tenant shall immediately take corrective action within 24 hours, Landlord
shall
have the right to form such work and Tenant shall promptly reimburse Landlord
for any and all costs associated with said work. If at any time during or
after
the term of the Lease, the Leased Premises are found to be so contaminated
or
subject to said conditions, Tenant shall diligently institute proper and
thorough cleanup procedures at Tenant's sole cost, and Tenant agrees to
indemnify, save and hold Landlord harmless from all and against claims, demands,
actions, liabilities, costs, expenses, damages and obligations of any nature
arising from or as a result of the use of the premises by Tenant, and regardless
of whether or not Landlord is found to be solely, concurrently, or jointly
negligent with Tenant. The foregoing indemnification and the responsibilities
of
Tenant shall survive the termination or expiration of this Lease. Anything
contained herein to the contrary notwithstanding, Landlord shall not
unreasonably withhold its consent with respect to the use, storage, generation
or manufacturing of Hazardous Materials on or about the Leased Premises provided
same is done in the ordinary course of Tenant's business, and in compliance
with
all environmental laws.
38.
SERVICE ADDRESS. Service address for any and all notices to be
delivered to LESSEE
High Performance Coatings, Inc.
Name
00000 X. Xxxxxxxxxxxxx
Xxx_
Xxxxxx
Xxxxxxx
Xxxxxxxxx, XX
00000
City,
State, Zip
39.
Rents shall be made payable to Ralf LLC whose address is XX
Xxx 000000, Xxxxxxxx Xxxx, Xxxxxxxx, 00000 and whose telephone number is
405-789-9105.
10
|
LESSOR:
Ralf
LLC
/s/
MGR 10/15/05
|
LESSEE:
High
Performance Coatings, Inc.
/s/
Xxxxx X.
Xxxxxx
President/COO
10-15-05
|
Oklahoma
City Utilities
Please
transfer utilities within 24 hrs. of signing lease. Utilities in Landlords
name
will be turned off after that time.
Electricity
OG&E
272-1010
Natural
Gas
ONG
551-4000
Water
City
of
Oklahoma City 297-2833
Dumpster
Service (at your discretion)
All
American Waste 745-4141
