AMENDED AND RESTATED
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease") made as of the 1st day of January, 1997,
by and between MACKEEBER ASSOCIATES LIMITED PARTNERSHIP, a Connecticut limited
partnership, and its successors and assigns ("Landlord"), and MESTEK, INC., a
Pennsylvania corporation, by and through its Vulcan Radiator Division, and its
successors and assigns ("Tenant").
WHEREAS, Landlord and Tenant have previously entered into that certain
Lease Agreement dated January 16, 1984, as amended, with respect to the Premises
(as herein defined); and
WHEREAS, Landlord has constructed additional improvements to the Premises
which shall be occupied and used by Tenant pursuant to this Lease; and
WHEREAS, Landlord and Tenant desire to amend said lease agreement to
account for additional rent to be paid by Tenant for the new improvements, and
other changes to the terms and conditions of said lease agreement;
WITNESSETH
THAT FOR AND IN CONSIDERATION of the mutual covenants and agreements herein
contained, and intending to be legally bound, the parties hereto do hereby
covenant and agree as follows:
1. Lease of Premises. Landlord hereby leases to Tenant and Tenant hereby leases
from Landlord that certain parcel of real property located 000 Xxxx Xxxxx
Xxxxxxxxx, Xxxxx Xxxxxxx, Xxxxxxxxxxx, 00000, as more specifically described in
Exhibit A attached to this Lease, and the building thereon, comprising of
162,300 square feet of general manufacturing space, and all structures,
buildings, improvements and fixtures thereon, together with all rights,
privileges, easements, licenses and hereditaments appurtenant thereto (the
"Premises").
2. Term. This Lease shall commence on the date hereof (the "Commencement Date"),
and shall continue until December 31, 2004 (the "Initial Term"), subject to
further extension of such term as may hereafter be otherwise agreed in writing
between Landlord and Tenant. The Initial Term and any extension or renewal
thereof may be referred to as the "Term". Landlord and Tenant agree that this
Lease shall not be recorded.
2.1 Holding Over. If Tenant shall be in possession of the Premises after any
expiration or termination of this Lease, then, the tenancy under this Lease
shall be by sufferance of Landlord terminable at any time. In the event of any
such holdover by Tenant, all other obligations of Tenant under this Lease shall
continue during such holdover period.
3. Rent
3.1 Payment of Rent. Tenant covenants and agrees to pay Landlord at its offices
in Westfield, Massachusetts, or such other address as may be subsequently
directed by Landlord, rent in an amount equal to Three Hundred Twenty Four
Thousand Six Hundred and 00/100 Dollars ($324,600.00) per annum ($2.00/square
foot), payable in advance in equal monthly installments, beginning on the date
hereof and continuing on the first day of each month during the Term (the
"Rent"). The Rent shall be paid without deduction, set-off, discount or
abatement, except as provided in Sections 16 and/or 17 hereof, in the lawful
money of the United States.
3.2 Past Due Rent. If Tenant shall fail to pay any Rent within twenty (20) days
of when the same is due and payable, such unpaid amounts shall bear interest
from the due date thereof to the date of payment at the then current prime rate
of BayBank, or any successor thereto, as established from time to time, plus one
percent (1%), or such lesser rate which is the maximum allowed by law (the
"Default Rate"). It is not the intention of the parties to contract for, pay or
collect any interest in excess of the maximum lawful rate. In the event any sum
is paid by Tenant as interest in an amount which would be in excess of such
lawful rate, then such sum shall be deemed to be a prepayment by Tenant of its
immediately succeeding obligations under this Lease and shall not be deemed to
be interest.
3.3 Net Rent. It is the purpose and intent of Landlord and Tenant that the Rent
be absolutely net to Landlord, so that this Lease shall yield net to Landlord
the Rent as hereinbefore provided, and that all costs, expenses and obligation
of every kind or nature whatsoever, relating to the Premises, which may arise or
become due during the term of this Lease, shall be paid by Tenant and that
Landlord shall be indemnified and saved harmless by Tenant from and against the
same. The Rent may be adjusted annually on the anniversary of this Lease by
thirty (30) days prior written notice from Landlord to Tenant for the purpose of
yielding the Rent absolutely net to Landlord in accordance with this Section
3.3.
4. Insurance. At all times during the term of this Lease, Tenant
shall secure, keep in force and pay for directly, at Tenant's sole
expense, the following insurance:
4.1 Real Property Insurance. Tenant shall, at its sole cost and expense
and at all times during the Term, provide and keep in full force and effect fire
and extended coverage insurance on the Premises with a replacement cost
endorsement (if available) in an amount equal to at least eighty percent (80%)
of the full replacement cost of the improvements on the Premises, including
without limitation all fixtures located on or in the Premises. If the coverage
is available and commercially appropriate, such policy or policies shall insure
against all risks of direct physical loss or damage (except the perils of flood
and/or earthquake) including coverage for any additional costs resulting from
debris removal and reasonable amounts of coverage for the endorsement of any
ordinance or law regulating the reconstruction or replacement of any undamaged
sections of the Premises required to be demolished or removed by reason of the
enforcement of any building, zoning, safely or land use laws as the result of a
covered cause of loss.
4.2 Personal Property Insurance. Tenant shall, at Tenant's sole expense,
obtain and keep in force a policy of fire and extended coverage insurance with
respect to the Premises insuring Tenant against any and all property damage or
casualty loss or other hazards thereto, up to the fair market value of the
personal property of Tenant stored upon the Premises. Tenant is solely
responsible for the security of its personal property upon the Premises and
holds Landlord harmless for any loss thereof.
4.3 Liability Insurance. Tenant shall, obtain and keep in force during the
term of this Lease a policy of commercial public liability insurance with limits
not less than $500,000 per person and $1,000,000 per accident, insuring, Tenant
and, as additional insured, Landlord against any liability arising out of use,
occupancy, or maintenance of the Premises and all areas appurtenant thereto by
Tenant, its agents, employees, contractors, guests and invitees.
4.4 Workers' Compensation. Tenant shall, at Tenant's sole expense, obtain
and keep in force during the term of this Lease a policy of workers'
compensation covering any and all of its employees who may occupy or work upon
the Premises as required by the laws and regulations of the State of
Connecticut.
4.5 Landlord's Approval. Each policy evidencing such insurance shall (a)
name Landlord and any other of its designees as additional insureds (except with
respect to Tenant's own personal property and workers' compensation), (b) shall
contain a provision by which the insured agrees that such policy shall not be
canceled except after thirty (30) days' written notice to Landlord, and (c)
shall provide that coverage shall not be limited or denied by reason of the
provisions in this Lease, including those relating to limitations of liability
and waivers of subrogation and other rights. For all insurance policies procured
by Tenant, a certificate of such insurance shall be provided to Landlord upon
its written request. If Tenant shall fail to perform any of its obligations
under this Article 4, then in addition to any other remedies it may have,
Landlord may, but is not required to, perform the same, and the cost thereof,
together with interest thereon at the Default Rate, shall be deemed additional
rent and shall be payable upon Landlord's demand.
5. Utilities. At all times during the Term of this Lease, Tenant shall pay for
the cost of all utilities, including, but without limitation, water, gas, heat,
light, power, electricity, fuel, sewer charges, supplied to or consumed by
Tenant at the Premises together with any taxes thereon (collectively the
"Utilities"). If Tenant shall fail to perform any of its obligations under this
Article 5, then in addition to any remedies it may have, Landlord may, but is
not required to, perform the same, and the cost thereof, together with interest
thereon at the Default Rate, shall be deemed additional rent and shall be
payable upon Landlord's demand.
6. Taxes. Lessee shall pay the Real Property Taxes (which shall include any tax,
fee, levy, assessment or charge, or any increase therein imposed by reason of
events occurring, improvements being made to the Premises, or changes in
applicable law taking effect, during the term of this Lease) applicable to the
Premises during the term of this Lease. All such payments shall be made at least
10 days prior to the delinquency date of the applicable installment. Tenant
shall promptly furnish Landlord with satisfactory evidence that such taxes have
been paid. Any Real Property Taxes which relate to the fiscal period of the
taxing authority that fall outside of the Term, whether or not such Real
Property Taxes shall be imposed or become payable during the Term, shall be
ratably adjusted as between Landlord and Tenant. Nothing in this Lease shall
require Tenant to pay any franchise, estate, inheritance, succession, capital
levy, or transfer tax of Landlord, or any income tax, excess profits or revenue
tax, or any other tax, assessment, charge or levy upon the Rent.
7. Quiet Possession. Upon Tenant paying all of the obligations hereunder and
performing all of the covenants, conditions, and provisions on Tenant's part to
be observed and performed under this Lease, Tenant shall have quiet possession
of the Premises during the Term, subject to all the conditions, covenants and
provisions of this Lease. The Premises are leased subject to any and all
existing encumbrances, conditions, rights, covenants, easements, restrictions,
rights-of-way, and any matters of record, applicable zoning and building laws,
restrictions on use and such matters as may be disclosed by inspection or
survey.
8. Improvements and Alterations
8.1 Improvements by Tenant. Tenant shall not make any substantial alterations,
renovations or improvements or cause to be installed any fixtures costing in
excess of $10,000 in, on, or to the Premises or any part thereof (including,
without limitation, any structural alterations, or any cutting or drilling into
any part of the Premises or any securing of any fixture, apparatus or equipment
of any kind to any part of the Premises) unless and until Tenant shall have
caused plans and specifications therefor to have been prepared, at Tenant's
expense, by an architect or other duly qualified person and shall have obtained
Landlord's written approval thereof. Tenant shall be responsible for the cost of
any tenant improvements. Upon any expiration or termination of this Lease,
Tenant shall remain responsible for all costs of any tenant improvements and the
completion thereof, as set forth in the plans and specifications therefor and
the portion of the costs of any tenant improvements that are unpaid and
outstanding shall be immediately due and payable by any Tenant. All structures,
buildings, improvements and fixtures constructed or installed in, at or upon the
Premises, and any repairs thereto and substitutions and replacements therefore,
made at the Tenant's cost and expense shall at the expiration of the Term be and
remain the property of Landlord.
8.2 Mechanic's Liens. Tenant shall keep the Premises free from any liens
arising out of any work or service performed or material furnished by or for
Tenant or any person or entity claiming through or under Tenant whether for any
tenant improvements or otherwise. Prior to Tenant's performance of any
construction or other work on or about the Premises, whether for tenant
improvements or otherwise, for which a lien could be filed against the Premises,
Tenant shall take all action which is legally permissible to cause all such
liens which then or at any time in the future may be filed or claimed, to be
finally waived by all contractors, subcontractors, materialmen and all others
performing or to perform any such work. Notwithstanding the foregoing, if any
mechanic's or other lien shall be filed against the Premises, purporting to be
for labor, services or material furnished or to be furnished at the request of
Tenant, then Tenant shall at its expense cause such lien to be discharged of
record by payment, bond or otherwise, within twenty (20) days after the filing
thereof. If Tenant shall fail to cause such lien to be discharged of record
within such twenty (20) day period, Landlord, in addition to any other remedies
it may have, may, but is not required to, cause such lien to be discharged by
payment, bond or otherwise, without investigation as to the validity thereof or
as to any offsets or defenses thereto, and Tenant shall, upon demand, promptly
reimburse Landlord for all amounts paid and costs incurred, including attorneys'
fees, in having such lien discharged of record together with interest at the
Default Rate.
8.3 Contractor's Insurance. Prior to engaging any contractor, Tenant shall
require any contractor performing work on the Premises at Tenant's request or on
Tenant's behalf to carry and maintain such insurance in such amounts of coverage
as Landlord may require from time to time, including contractor's liability
coverage and workers' compensation insurance and to name Landlord as an
additional insured upon the contractor's insurance policy for the terms and
purpose of the work upon the Premises.
9. Use of Premises. Tenant's use and occupancy of the Premises shall be for the
purpose of assembly, manufacture, warehousing, storing and shipping of its
products (the "Products"). Tenant shall not use or permit the Premises to be
used for any other purpose without the prior written consent of Landlord. The
storage of the Products shall be accomplished in a neat and orderly manner
creating proper aisles and not in a manner that will interfere with the
operation of any building systems.
9.1 Prohibited Uses. Tenant shall not do or permit anything to be done in or
about the Premises which will materially obstruct or interfere with the rights
of Landlord or its employees, or to use or allow the Premises to be used for any
improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause,
maintain or permit any nuisance in, on or about the Premises. Tenant shall not
commit or allow to be committed any material waste in or upon the Premises,
reasonable wear and tear excepted. Tenant shall not cause or permit any
hazardous or toxic substance, material or waste including without limitation any
oil, pollutant, contaminant, hazardous waste, asbestos, or other hazardous
substance, as such term or similar terms are now defined, used or understood in
or under any federal, state, local or other governmental statute, rule,
regulation, ordinance or order which relates in any way to the protection of the
environment ("Environmental Laws") to be used, stored, released, dumped or
disposed of upon the Premises in violation of the Environmental Laws.
9.2 Compliance with Law. Tenant shall not use or permit the use of the Premises
in any way in conflict with any law or governmental rule or regulation. Tenant
shall, at Tenant's sole cost, promptly comply in all material respects with all
such laws and governmental rules and regulations and with the requirements of
any board of underwriters or other similar bodies now or hereafter constituted
relating to the condition, use or occupancy of the Premises whether or not
expressly ordered to do so by the applicable governmental authority. The
judgment of any court of competent jurisdiction or the admission of Tenant in
any action against Tenant that Tenant has violated in a material manner any
statute, regulation or rule, whether or not Landlord is a party, shall be
conclusive of the fact as between Landlord and Tenant.
10. Repairs and Maintenance. Tenant shall, at Tenant's own expense and at all
times, keep the Premises neat, clean, and in a sanitary condition, including the
neat and orderly storage of the Products. Except for the structure of the
buildings of which the Premises are a part, including the roof, exterior walls,
foundation, glass, doors, parking lots and driveways, plumbing, electrical,
heating and ventilation systems of such structures, the repairs and maintenance
of which are the responsibility of Landlord, Tenant shall make such repairs as
are necessary to maintain the Premises in as good condition as the Premises now
are, reasonable use and wear excepted. If Tenant refuses or neglects its duties
under this Section 10, then, at the expiration of thirty (30) days' written
demand to Tenant (or without demand in the case of emergency) Landlord may, but
is not required to, make, perform or cause such repairs as it deems necessary
and Tenant agrees to reimburse Landlord promptly upon demand for the cost
thereof, including interest thereon at the Default Rate.
11. Hold Harmless. To the extent permitted by law, and except to the extent of
Landlord's acts or omissions for which Landlord is negligent, Tenant shall
indemnify and hold Landlord harmless from and against any and all claims arising
from, in connection with or related to (a) Tenant's use of the Premises, (b) the
conduct of Tenant's business, (c) any activity, work, or other things, done,
permitted, or suffered by Tenant in or about the Premises, (d) any act or
negligence of Tenant or any officer, agent, affiliate, employee, guest or
invitee of Tenant.
12. Entry by Landlord. At any and all reasonable times during regular business
hours, Landlord reserves and shall have the right to enter the Premises to
inspect the same a reasonable number of times, to submit the Premises to
prospective purchasers or tenants, to repair the Premises and any portion of the
building that Landlord may deem necessary or desirable, without abatement of
rent, and may for that purpose erect scaffolding and other necessary structures
where reasonably required by the character of the work to be performed, using
best efforts to avoid blocking the entrance to the Premises and providing that
the business of Tenant shall not be interfered with unreasonably. Tenant hereby
waives any claim for damages or for any injury or inconvenience to or
interference with Tenant's business, and any loss of occupancy to quiet
enjoyment of the Premises. Landlord shall have the right to enter at any and all
times and to use any and all means which Landlord may deem proper to open any
doors or otherwise obtain access to the Premises in any actual or perceived
emergency, without liability to Tenant, and any entry to the Premises obtained
by Landlord by any of said means or otherwise shall not under any circumstances
be construed or deemed to be a forcible or unlawful entry into or a detainer of
the Premises or an eviction of Tenant from the Premises or any portion thereof.
13. Assignment and Subletting. Tenant shall not either voluntarily or by
operation of law assign, transfer, mortgage, pledge, hypothecate, or encumber
this Lease or any interest therein and shall not sublet the Premises or any part
thereof or any right or privilege appurtenant thereto or allow any person (the
employees, agents, servants, and invitees of Tenant excepted) to occupy or use
the Premises or any portion thereof. Any such assignment or subletting shall be
voidable by Landlord and may constitute a default under the terms of this Lease.
A consent by Landlord to one assignment, subletting, occupation, or use by any
other person shall not be deemed to be consent to any subsequent assignment,
subletting, occupation, or use by another person. A consent by Landlord to any
such assignment, subletting, occupation or use by any other person shall in no
way relieve Tenant of any liability under this Lease. It is understood and
agreed that Landlord may fully assign or encumber Landlord's interest in this
Lease as Landlord. Landlord may assign or encumber the Rent to any person,
partnership, corporation, or bank, and Tenant agrees when notified in writing by
the assignee of such assignment to make the rental payments to assignee under
the terms of said assignment.
14. Tenant's Default. The occurrence of any one or more of the
following events shall constitute an event of default and breach of
this Lease by Tenant:
14.1 Failure to Pay Obligations. Tenant fails to make any payment of the Rent
or any other payment required to be made by Tenant hereunder, as and when due,
where such failure shall continue for a period of five (5) business days after
written notice thereof by Landlord to Tenant.
14.2 Failure to Observe Other Covenants. Tenant fails to observe or perform any
of the covenants, conditions, or provisions of this Lease to be observed or
performed by Tenant, other than described in Section 14.1 herein, where such
failure shall continue for a period of twenty (20) days after written notice
thereof by Landlord to Tenant; provided, however, that if the nature of Tenant's
default is such that more than twenty (20) days are reasonably required for cure
of such condition, then Tenant shall not be deemed to be in default if Tenant
commences such cure within said twenty (20) days and thereafter diligently
prosecutes such cure to completion.
15. Remedies on Default. In the event of any default or breach of this Lease by
Tenant, Landlord may, at any time thereafter with or without notice or demand
and without limiting Landlord in the exercise of a right or remedy which
Landlord may have by reason of such default or breach, exercise any of the
following remedies:
15.1 Termination of Possession. Landlord may terminate immediately Tenant's
right to possession of the Premises by written notice to Tenant or any other
lawful means, terminate this Lease by written notice to Tenant, revoke Tenant's
right to any lease
concessions and recover the value of any such concessions made, re-enter and
take possession of the Premises and Tenant shall immediately surrender
possession of the Premises to Landlord.
15.2 Removal of Personal Property. In the event of a retaking of possession of
the Premises by Landlord, Tenant shall remove all personal property located
thereon and, upon failure to do so upon demand of Landlord, Landlord may remove
and store the same in any place selected by Landlord, including without
limitation a public warehouse, at the expense and risk of Tenant. If Tenant
shall fail to pay the cost of storing any such property after it has been stored
for a period of thirty (30) days of more, Landlord may sell any or all of such
personal property at a public or private sale or auction and shall apply the
proceeds of such sale first to the cost of such sale, secondly to the payment of
the charges for storage, if any, and thirdly to the payment of any other sums of
money which may be due from Tenant to Landlord under the terms of this Lease,
and the balance, if any, to Tenant.
15.3 Other Remedies. In addition to the foregoing, Landlord may pursue any
other remedy now or hereafter available to Landlord under the laws or judicial
decisions of the State of Connecticut. It is understood and agreed that
Landlord's remedies hereunder are cumulative, and the exercise of any right or
remedy shall not constitute a waiver, merger or extinguishment of any other
right or remedy.
16. Damage. In the event the Premises are rendered untenantable in whole or in
part by fire, the elements or other casualty during the term of this Lease,
Tenant shall immediately notify Landlord, specifically stating any repairs
needed to maintain the Tenant's manufacturing operation at the Premises.
Landlord may elect not to restore or rebuild the Premises and shall so notify
Tenant. In such an event, Tenant may, at its option (a) vacate the Premises and
this Lease shall terminate effective thirty (30) days after such notice is
delivered with an abatement of the Rent payable with respect to the time period,
or (b) occupy that portion of the Premises which remains tenable with an
abatement of the Rent in the amount equal to the rent for the untenable portion
of the Premises.
17. Eminent Domain. In the event of any taking or appropriation whatsoever,
Landlord shall be entitled to any and all awards, payments or settlements which
may be given, made or ordered and Tenant shall have no claim against the
condemning authority or Landlord for the value of any unexpired term of this
Lease, and Tenant hereby assigns to Landlord any and all claims to any award,
payments or settlement. Nothing contained herein shall be deemed to give
Landlord any interest in or to require Tenant to assign to Landlord any award
made to Tenant for the taking of personal property or fixtures belonging to
Tenant, for the interruption of or damage to Tenant's business, or for Tenant's
moving expenses.
18. Signs. Tenant may, at Tenant's sole expense, place an external sign on the
Premises, provided such sign has been approved in advance by Landlord, and
provided such sign does not violate any statute or regulation existing during
the term of this Lease. Tenant shall pay the costs of removal of such sign upon
termination of the Lease, and such sign shall remain the property of Tenant. At
any time within 180 days prior to the expiration of the Term, Landlord may place
upon the Premises "for lease", "for sale" or other signs.
19. Subordination. Tenant agrees that this Lease shall be subordinate to any
mortgage or deed of trust that is now or may hereafter be placed upon the
Premises and to any and all advances to be made thereunder, to the interest
thereon, and all renewals, replacements, and extensions thereof; provided, the
lender secured by and named in such mortgage or deed of trust shall agree in
writing to recognize this Lease of Tenant in the event of foreclosure, if Tenant
is not in default. Tenant agrees to take all actions and to execute and deliver
all certificates, instruments, documents and agreements, including, without
limitation, agreements of subordination, waiver and attornment, necessary or
proper to effect the foregoing.
20. Authority of Parties. Each of Tenant and Landlord represents and warrants
that it is a corporation duly organized and in good standing and that the
execution, delivery and performance of this Lease has been duly authorized by
all requisite corporate action. Each individual executing this Lease on behalf
of the corporation that is a party hereto represents and warrants that he or she
is duly authorized to execute, deliver and perform this Lease for, in the name
of and on behalf of the respective party, in accordance with the bylaws of such
corporation, and that this Lease is legally binding upon and enforceable against
such entity in accordance with its terms. Upon request, each of Tenant and
Landlord agrees to provide a Certificate of Officer verifying the authority and
position of each signatory.
21. General Provisions. Landlord and Tenant agree to the following
general provisions:
21.1 Waiver. A waiver by Landlord of any term, covenant, or condition herein
contained shall not be deemed to be a future waiver of such term, covenant, or
condition, nor the waiver of any other term, covenant or condition herein
contained. The subsequent acceptance of any payment hereunder by Landlord shall
not be deemed to be a waiver of any preceding default by Tenant of any term,
covenant, or condition of this Lease.
21.2 Time. Time is of the essence of this Lease and each and
all its provisions in which performance is a factor.
21.3 Headings. The heading and section titles of this Lease are not a part of
this Lease and shall have no effect upon the construction or interpretation of
any part hereof.
21.4 Successors and Assigns. The covenants and conditions herein contained
subject to the provisions as to assignment, apply to and bind the heirs,
successors, executors, administrators, and permitted assigns of the parties
hereto.
21.5 Prior Agreements. This Lease contains all of the agreements of the parties
hereto with respect to any matter covered or mentioned in this Lease, and no
prior agreements or understandings pertaining to any such matters shall be
effective or binding upon any party. In case of conflict or ambiguity, the terms
of this Lease shall govern.
21.6 Inability to Perform. This Lease and the obligations of Tenant hereunder
shall not be affected or impaired because Landlord is unable to fulfill any of
Landlord's obligations hereunder or is delayed in doing so, if such inability or
delay is caused by reason of strike, labor troubles, or acts of God so long as
Landlord makes a good faith effort to fulfill its obligations promptly after the
cause of such inability or delay has abated.
21.7 Partial Invalidity. Any provisions of this Lease which shall prove to be
invalid, void, or illegal shall in no way affect, impair, or invalidate any
other provision hereof, and such other provisions shall remain in full force and
effect.
21.8 Cumulative Remedies. No remedy or election of Landlord
hereunder shall be deemed exclusive, but shall whenever possible be
cumulative with all other remedies at law or in equity.
21.9 Governing Law. This Lease shall be governed by and
construed in accordance with the laws of the State of Connecticut.
21.10 Real Estate Commission. No broker is due any finders' or
brokers' commissions with respect to this Lease or the payment of any
rent hereunder.
21.11 Subrogation Waiver. Landlord and Tenant each hereby release the
other and waive all rights of recovery against the other for loss or damage
arising out of the perils described in any policy of insurance in force at the
time of the loss to the extent permissible under such policies.
21.12 Notice. Any notices or other communications required or permitted
hereunder or otherwise in connection herewith shall be in writing and shall be
deemed to have been duly given when delivered in person or transmitted by
facsimile transmission or on receipt after dispatch by express, registered or
certified mail, postage prepaid, addressed, as follows:
If to Landlord:
Mackeeber Associates Limited Partnership
000 Xxxxx Xxx Xxxxxx
Xxxxxxxxx, XX 00000
If to Tenant: Copy to:
Mestek, Inc. Mestek, Inc.
000 Xxxx Xxxxx Xxxx. 000 Xxxxx Xxx Xxxxxx
Xxxxx Xxxxxxx, XX 00000 Xxxxxxxxx, XX 00000
Attention: Xxxx X. Xxxxxxxx Attention: Xxxxxxx Xxxx
21.14 Survival. All agreements, covenants, warranties, representations and
indemnification contained herein or made in writing pursuant to the terms of
this Lease by or on behalf of Tenant shall be deemed material and shall survive
the expiration or sooner termination of this Lease.
IN WITNESS WHEREOF, Landlord and Tenant have caused their duly authorized
representatives to execute this Lease Agreement as of the date first written
above.
LANDLORD:
MACKEEBER ASSOCIATES LIMITED PARTNERSHIP
By: /s/ Xxxx X. Xxxx
Xxxx X. Xxxx, General Partner
TENANT:
MESTEK, INC., VULCAN RADIATOR DIVISION
By: /s/ Xxxx X. Xxxxxxxx
Xxxx X. Xxxxxxxx,
Executive Vice President-Vulcan Radiator Division
