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EXHIBIT 10.10
COLORADO BUILDING LEASE DATED SEPTEMBER 5, 1995
BY AND BETWEEN COLORADO BUILDING GROUP, VECTRA
BANKING CORPORATION AND VECTRA BANK OF BOULDER
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VECTRA BANK BUILDING LEASE
THIS LEASE is made and entered into this 5th day of September, 1995, by and
between COLORADO BUILDING GROUP, a general partnership (hereinafter referred to
as "Lessor") and VECTRA BANKING CORPORATION and VECTRA BANK OF BOULDER
(hereinafter referred to as "Lessee").
SECTION 1. LEASED PREMISES. Lessor hereby leases to Lessee and Lessee hereby
leases from Lessor the premises known and described as Suite 225 (hereinafter
referred to as the "Premises"), consisting of approximately 1524 square feet,
on the 2nd floor of the office building known as the Vectra Bank Building,
located at 0000 00xx Xxxxxx in Boulder, Colorado (hereinafter referred to as
the "Building").
SECTION 2. TERM OF LEASE. The term of the Lease shall commence at 12:00
o'clock noon the 1st day of December, 1995, and shall continue during and until
12:00 o'clock noon the 1st day of December, 1995, and shall continue during and
until 12:00 o'clock noon on the 30th day of September, 2000.
SECTION 3. RENT.
3.1 Lessee shall pay Lessor as Base Rent for the Premises the sum
of $21,336.00 during each year of the term of the Lease, subject to the rental
adjustment set forth below. Rent shall be payable in advance in monthly
installments of $1,773.00 on the first day of each calendar month during the
term of this Lease at the offices of Lessor located in the Building or at such
other place as Lessor from time to time may designate in writing.
3.2. Lessee shall pay Lessor as additional rent, Lessee's
proportionate share of the Operating Costs of the Building for each calendar
year, which annual amount shall be adjusted for the first and last calendar
years of the term of the Lease based on the number of months of occupancy
during each such calendar year.
a. Lessee's "proportionate share" is defined for purposes of this
Lease as the ratio of the total square feet of the Premises leased to
Lessee to the total net leasable area in the Building.
b. "Operating Costs" are defined for purposes of this Lease as
the sum of the following for each calendar year:
i. All general and special real estate taxes, special
assessments, and other ad valorem taxes, rates, levies and assessments
by any government or quasi-governmental authority and all taxes
specifically imposed in lieu of any such taxes (but excluding any
income, profit or business tax or impost of a person nature charged or
levied against Lessor) payable in respect of such year by Lessor upon
or in respect of the Building and the property of which it is a part;
ii. All costs, charges and expenses payable by Lessor and
not directly reimbursed to Lessor, as hereinafter provided, which are
directly attributable to the operation, repair and maintenance of the
Building, including routine janitorial services, provided that if any
services are not provided by Lessor in a portion of the Building the
amount included in respect to such service shall be divided by the
difference between the net rentable and the number of square feet in
the Building in which Lessor does not provide such service;
iii. All charges for heat, water, gas, electricity, sewer
service and any other utility service used or consumed in the Building
and not directly reimbursed to Lessor as hereinafter provided;
iv. All premiums for fire, extended coverage, vandalism
and malicious mischief and other insurance carried by Lessor in such
amounts as shall be determined appropriate by Lessor; and
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v. That year's amortization of capital costs incurred by
Lessor for improvements or structural repairs to the Building required
to comply with any change in the laws, or in rules and regulations of
any government or quasi-governmental authority having jurisdiction
over the Building, or to save labor or otherwise reduce applicable
operating expenditures, which costs shall be amortized over the useful
life of the improvement or repair.
c. In determining Operating Costs, the costs of the following
shall be excluded except as specifically provided above:
i. Structural maintenance and repair;
ii. Improvements, alterations or additions to the
Building or its equipment;
iii. Repair or replacement resulting from inferior or
deficient workmanship, materials or equipment in the initial
construction of the Building;
iv. Interest on or retirement of capital debt;
v. Costs for which Lessor is reimbursed by insurers; and
vi. Any service usually provided to Lessees in the
Building but excluded from the Premises leased to Lessee by specific
terms of this Lease.
3.3 Lessee shall make monthly payments of Operating Costs in an
amount equal to one-twelfth (1/12) of the previous year's proportionate share
of Operating Costs at the same time and in the same manner as the monthly
payment of the Base Rent.
SECTION 4. RENT ADJUSTMENT.
4.1 At the end of each lease year, the Base Rent due under the
terms of this Lease shall be adjusted. The adjustment for each monthly payment
of the next following year shall be an amount equal to the monthly Base Rent
for the preceding year multiplied by five percent (5%). This adjustment shall
then be added to the Base Rent for the preceding year. Lessor shall notify
Lessee of the adjustment within thirty (30) days of the end of each lease year.
4.2 Within sixty (60) days of the end of each calendar year Lessor
shall compute the difference between the Operating Costs which Lessee has paid
during the calendar year and Lessee's actual proportionate share of Operating
Costs due and owing for that year and the additional rent based on operating
costs shall be adjusted accordingly. The adjusted operating costs for the
previous calendar year shall be divided by twelve (12) to establish the
additional monthly rental based on operating costs shall be adjusted
accordingly. The adjusted operating costs for the previous calendar year shall
be divided by twelve (12) to establish the additional monthly rental based on
operating costs during the following calendar year.
4.3 If Lessee disputes the determination of Operating Costs as
determined above or the calculation of any amount payable, Lessee shall given
Lessor written notice of such dispute within thirty (30) days after receipt of
notice from Lessor of the matter giving rise to the dispute. If Lessee does
not give Lessor such notice within such time, Lessee shall have waived its
right to dispute the determination or calculation. Promptly after the giving
of notice, Lessee shall cause to be made a complete audit of Lessor's records
relating to the matter in dispute by independent certified public accountants.
The cost of the audit shall be borne by Lessee unless the audit discloses an
error which favors Lessor by more than 5% of the amount previously determined,
in which event Lessor shall bear the cost of the audit. If the audit reveals
that the amount previously determined by Lessor was incorrect, a correction
shall be made accordingly. During the pendency of any such dispute Lessee
shall make payments based upon Lessor's determination or calculation until the
dispute has been resolved.
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SECTION 5. TAXES.
5.1 Lessee shall pay before delinquency any and all taxes,
assessments, license taxes and other charges levied, assessed or imposed and
which become payable during the term of this Lease upon Lessee's operations,
occupancy or conduct of business on the Premises or upon equipment, furniture,
appliances, trade fixtures and other personal property of any kind installed or
located on the Premises.
5.2 Lessor shall pay before delinquency all general and special
real estate taxes, all special assessments, and any other ad valorem taxes,
rates, charges, levies or assessments levied upon or assessed against the
Building or the property on which the Building is located by government or
quasi-governmental authority, or any tax specifically imposed in lieu of any
such taxes.
SECTION 6. UTILITIES AND SERVICES.
6.1 Lessor shall, in accordance with standards from time to time
prevailing for first-class office building in Boulder, Colorado, furnish such
heated or cooled air to the Premises and Building during ordinary business
hours as may in the judgment of Lessor be reasonably required for the
comfortable use and occupancy of the Premises; provide the use of elevators for
access to and from the Premises; provide routine janitorial services for the
Premises and Building, including such window washing as may be in the judgment
of Lessor to be reasonably required; and cause electric current to be supplied
for lighting the Premises and Building. Lessee shall use such electric current
as shall be supplied by Lessor only for lighting, typewriters, adding machines,
calculators, small reproduction machines and other equipment used in the
ordinary course of business and using an ordinary amount of electricity during
a normal work day. Lessee shall pay upon demand to Lessor the cost of any
additional electric current used for other than ordinary business purposes of
in any extraordinary amount and, if it should appear that such additional
electric current is being utilized on a regular basis by Lessee, shall upon
demand by Lessor install and pay for a check meter and shall pay monthly for
the use of the additional current as shown on such check meter.
6.2 Lessor shall not be liable for failure to supply any hearing,
air conditioning, elevator, janitorial or electrical service. Lessor reserves
the right temporarily to discontinue any such service as may be necessary by
reason of accident, unavailability of employees, repairs, alterations or
improvements, strikes, walkouts, riots, acts of God or any other happening
beyond the control of Lessor which renders Lessor unable to furnish such
services.
6.3 Should Lessee determine that additional janitorial or other
services are necessary in the Premises because of the nature of Lessee's
business, Lessee shall notify Lessor to arrange such needs. Lessor, at its
option, may either provide for such specific services and charge Lessee as
additional rent the cost of providing the services, or may permit Lessee to
arrange for the provision of such services.
SECTION 7. INSURANCE.
7.1 Lessor shall have and maintain in effect at all times fire,
extended coverage and vandalism and malicious mischief insurance in such
amounts as shall be determined appropriate by Lessor.
7.2 Lessee shall procure, pay for and maintain comprehensive
public liability insurance providing coverage from any loss or damage
occasioned by an accident or casualty on the leased Premises in an amount to be
approved by Lessor. Certificates of such insurance shall be delivered to
Lessor and shall provide that the coverage shall not be changed or canceled
without thirty (30) days prior written notice being given to Lessor. Lessee
acknowledges that Lessor does not carry insurance with respect to the contents
and interior of the leased Premises and that Lessee assumes all risk with
respect to same.
SECTION 8. IMPROVEMENTS, MAINTENANCE AND REPAIR.
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8.1 Except as otherwise expressly provided, Lessor shall maintain
in good condition the structural parts of the Building; the unexposed
electrical, plumbing and sewage systems; window frames, roof downspouts;
heating, ventilating and air conditioning systems; and the exterior grounds and
all common areas.
8.2 Lessee shall make all necessary repairs to the Premises and
keep the Premises and all improvements in good condition and repair. All glass
and doors on the Premises shall be the responsibility of Lessee. Any
replacement or repairs shall be promptly completed at the expense of Lessee.
At the end of the term of this Lease, Lessee shall return the Premises to
Lessor in as good a condition as when received, except for usual and ordinary
wear and tear. Lessee shall be responsible for any repairs or maintenance
required for any part of the improvements of which the Premises are a part
where such repair or maintenance is necessitated by Lessee or activities
conducted by Lessee, Lessee's employees, guests, invitees or any person on the
Premises.
8.3 Lessee shall have the right, at its own expense, to make
reasonable changes, alterations or improvements in the Premises of a value less
than $1,000.00 provided they in no way damage the structure or mechanical
systems of the Building. Lessee shall make no changes or alterations having a
value in excess of $1,000.00 without first having secured the written consent
of Lessor, at Lessor's sole discretion.
8.4 All trade fixtures, furniture and equipment installed and
electrical fixtures attached to or built upon the Premises by Lessee shall be
considered personal property of Lessee and may not be removed by Lessee during
the term of this Lease, so long as Lessee shall not be in default under any
provision of the Lease. Lessee shall repair any damage caused by such removal.
All other property attached to or built upon the Premises by Lessee shall
become the property of Lessor and shall remain the property of Lessor at the
expiration or termination of the Lease.
8.5 Lessee shall permit Lessor at any reasonable time to enter the
Premises to examine and inspect the same or to perform cleaning, maintenance,
janitorial services, repairs, additions or alterations as provided in this
Lease. Lessor shall have access to the Premises at any time in the event of an
emergency.
8.6 Lessor shall have the right at its election to make any
alterations to the Building as it may from time to time deem necessary and
desirable so long as such alterations do not unreasonably interfere with
Lessee's use and occupancy of the Premises.
SECTION 9. CONTROL OF COMMON AREAS.
All entrances and exits, common areas and other facilities furnished
by Lessor shall at all times be subject to the exclusive control and management
of Lessor, and Lessor shall have the right from time to time to establish,
modify an enforce reasonable rules and regulations with respect to such
facilities and areas.
SECTION 10. USE OF THE PREMISES.
10.1 Lessee shall use the Premises only as business offices for
Banking Services. Lessee may use the Premises for other legally permissible
business or commercial ventures upon the written approval of Lessor, at
Lessor's sole discretion.
10.2 Lessee shall not conduct any auction, fire, bankruptcy or
similar sale without the express written approval of Lessor, at Lessor's sole
discretion.
10.3 Lessee shall not use the Premises in any manner which would
constitute waste, nuisance or unreasonable annoyance to other occupants of the
Vectra Bank Building.
104. Lessee shall not do, bring or keep anything on the Premises
that would cause the cancellation of any insurance covering the Building. If
the rate of any insurance carried by Lessor is increased by the result of
Lessor's use, Lessee shall pay to Lessor within ten (10) days of receipt of a
certified statement from Lessor's
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insurance carrier stating that the rate of increase was caused by the activity
of Lessee on the Premises a sum equal to the difference between the original
premium and the increase premium.
10.5 Lessee shall comply at Lessee's expense with all requirements
of any governmental unit having jurisdiction which pertains to the Premises or
its use.
10.6 If any remodeling by Lessee causes compliance with the
Americans and Disabilities Act, the cost of said compliance will be borne by
Lessee.
SECTION 11. DAMAGES TO PREMISES.
11.1 In the event the Premises shall be totally destroyed by fire
or other casualty or so badly damaged that it is not feasible to restore,
either party shall have the right to terminate this Lease upon written notice
to the other.
11.2 Unless caused by Lessee's negligence, if the Premises or
Building shall be partially damaged by fire or other casualty but not rendered
untenable, as determined by Lessor, Lessor shall, if it determines to do so,
restore the Premises or Building to substantially the same condition as
immediately before the destruction and the rent shall be reduced in proportion
(proportion being determined by the ratio which the number of square feet
damaged or destroyed in the subject Premises bears to the total square feet in
the Premises) to the loss of use of the Premises until restoration shall be
substantially completed, as determined by Lessor.
11.3 Unless caused by Lessee's negligence, if the Premises are
rendered untenable by fire or other casualty Lessee may at its election
terminate this Lease on the day of the damage. If Lessee elects not to
terminate the Lease, the rent shall be reduced in proportion to the loss of use
of the Premises by Lessee during such untenability.
11.4 Lessor shall not be liable for any damage to the property of
Lessee or of other property located on the Premises nor for the loss of or
damage to any property of Lessee or others by theft or otherwise.
11.5 Lessee shall indemnify Lessor and save Lessor harmless from
and against any claims, actions, damages and liability in connection with loss
of life, personal injury or damage to property arising from or out of any
occurrence on the Premises, or from the occupancy or use of the Premises by
Lessee, its agents, contractors, employees, servants or of any other person
entering upon the Premises under express or implied invitation of Lessee. In
the event of any proceeding at law or in equity wherein Lessor shall be named a
party to any litigation by reason of Lessee's interest in the Premises or in
the event Lessor shall be required to commence any legal proceedings pertaining
to the Premises or Lessee's occupancy or relation to the Premises, Lessor shall
be allowed and Lessee shall be liable for and shall pay all costs and expenses
incurred by Lessor, including a reasonable attorney's fee, as additional rent.
11.6 For purposes of the within agreement "tenantable" and
"untenantable" shall be determined by Lessor in the exercise of its reasonable
judgment.
SECTION 12. BANKRUPTCY, ASSIGNMENT TO CREDITORS, LOSS OF POSSESSION.
12.1 Lessor may terminate Lessee's rights under this Lease without
prejudice to any other rights or remedies of Lessor, if:
a. Lessee is adjudicated a bankrupt, or makes a general
assignment for the benefit of creditors, or voluntarily initiates any
bankruptcy or similar proceedings; or
b. A sheriff, marshall, receiver or keeper takes possession of
the Premises by virtue of the appointment of any such officer or
receiver by a court of competent jurisdiction, or by virtue of any
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attachment, execution or lien arising out of a debt of or judgment
against Lessee, and the Premises are not released from the possession
of such officer or receiver and Lessee restored to possession within
one week after demand by Lessor.
12.2 In the event of such termination neither Lessee nor any person
claiming through or under Lessee by virtue of any statue or if any order of any
court shall be entitled to possession or to remain in possession of the
Premises but shall immediately quit and surrender the Premises to Lessor.
12.3 Any other language herein to the contrary notwithstanding, the
parties acknowledge and agree that in the event Lessor terminates the within
Lease, such termination shall not operate, and is not intended by the parties,
to waive, release, terminate or otherwise relieve Lessee of Lessee's obligation
to pay all sums which are or would otherwise become due through the full term
of the within Lease, including any extensions or renewals thereof which may be
in effect at the time of termination.
SECTION 13. ASSIGNMENT, SUBLETTING.
Lessee may not assign the Lease or sublet the Premises without the
written consent of Lessor first being obtained, such consent not to be
reasonably withheld.
SECTION 14. CONDEMNATION.
14.1 If at any time during the term of this Lease the Premises are
totally taken by condemnation this Lease shall terminate on the date of taking.
If any portion of the Premises or Building are taken by condemnation, this
Lease shall remain in effect except that Lessee may elect to terminate the
Lease if the Premises are rendered unsuitable for Lessee's continued use of the
Premises. If the Lease continues the rent shall be reduced in proportion to
the loss of the use of the Premises.
14.2 If Lessee elects to terminate this Lease because the Premises
or Building have been partially taken by condemnation rendering the Premises
unsuitable for Lessee's continued use of the Premises, Lessee must exercise its
right to terminate by giving notice to Lessor within thirty (30) days after the
nature and extent of the taking have been finally determined. The termination
shall be effective not earlier than thirty (30) days nor later than sixty (60)
days after Lessee has notified Lessor of its election to terminate, except that
Lessee shall terminate on the date of taking if that date occurs prior to the
date of termination as designate by Lessee.
SECTION 15. SUBORDINATION.
Lessee agrees that its Lease rights shall be subordinate to those of
any lending institution making any loan upon he property on which the Premises
are located. Subordination shall be effective without any further act of
Lessee. Lessee shall from time to time on request of Lessor execute and
deliver any documents or instruments that may be required by a lender to
effectuate any subordination. If Lessee fails to execute and deliver any such
documents or instruments, Lessee irrevocably constitutes and appoints Lessor as
Lessee's special attorney in fact to execute and deliver any such documents or
instruments.
SECTION 16. DEFAULT - TERMINATION.
16.1 In the event of any failure of Lessee to pay any rental or
other payment due hereunder within ten (10) days after the same shall be due,
or any failure to perform any other of the terms, conditions or covenants of
this Lease to be observed or performed by Lessee for more than thirty (30) days
after written notice of such default, the Lessor may solely at Lessor's option,
either bring an action to enforce the Lease and recover any damages incurred or
declare this Lease terminated. If terminated, all of the right, title and
interest of the Lessee hereunder shall wholly cease and expire and Lessee shall
then immediately quit and surrender the Premises and pay Lessor the amount of
any damages incurred. In the event of such termination, Lessee shall
nevertheless remain obligated to Lessor pursuant to the terms of this Lease as
more specifically set forth in Section 12.3 hereof.
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16.2 If any default is of such a nature that it cannot with due
diligence be cured within thirty (30) days after notice to correct the default,
Lessor shall not be entitled to terminate the Lease if the Lessee shall have
commenced to cure such default within thirty (30) days and shall thereafter
proceed with all due diligence to complete the cure of such default.
16.3 In addition to any other remedy, Lessor may collect on any
rental payment one-tenth (1/10) of one percent (1%) per day of any amount past
due, from and after the tenth day payment is due. Such additional payment
shall be immediately due upon demand by Lessor.
16.4 If this Lease is terminated as herein provided and Lessee
shall not have immediately quit and surrendered the Premises to Lessor, the
Lessee shall be deemed guilty of forcible and unlawful detainer, thereby
waiving all notice, and Lessor or its agents or servants may immediately or at
any time thereafter re-enter the Premises and use any necessary force to remove
Lessee, its agents, employees, servants and licensees, without being liable to
indictment, prosecution or damages therefor, and may repossess and enjoy the
Premises, together with all additions, alterations and improvements. Lessor
shall also be entitled to the benefits of all provisions of law respecting a
speedy recovery of land and tenements held over by Lessee, including
proceedings in forcible and unlawful detainer.
16.5 If the Premises are left vacant at any time during the term of
this Lease and any rent remains unpaid, then Lessor may, without terminating
the Lease, relet the whole or any part of said Premises for any unexpired
period of time during the term of this Lease, or longer, or from time to time
for shorter periods, for any rental then obtainable, giving such concessions of
rent and making such repairs and changes as may be reasonably required. Lessee
shall be liable for the balance of the rent until the expiration of the Lease
after being given credit for any rent received. Lessee shall be liable for all
reasonable expenses which Lessor may incur as a result of any default by
Lessee, including but not limited to the cost of enforcing the Lease, including
attorneys' fees; making good any default suffered by Lessee; doing any
reasonably required painting, altering or dividing of the Premises; combining
the Premises with any adjacent space for any new tenant; putting the same in
proper repair; protecting and preserving the Premises; and reletting the
Premises, less any net rental received from reletting.
16.6 If Lessee should fail to remove all effects from the Premises
upon abandonment or upon termination of this Lease for any cause whatsoever,
Lessor, at its option, may remove such effects in any manner that it shall
choose, and store them without liability to Lessee for loss or damage, and
Lessee agrees to pay Lessor on demand any and all expenses incurred in such
removal, including all court costs and attorneys' fees and storage charges on
such effects for any length of time they shall be in Lessor's possession.
Lessor may, at its option, in the alternative and without notice, sell said
effects, at private sale and without legal process, and for such prices as
Lessor may obtain, and apply the proceeds of such sale against any amounts due
under this Lease from Lessee to Lessor and against the expenses incident to the
removal and sale of said effects, rendering the surplus, if any, to Lessee.
16.7 Lessee hereby conveys to Lessor all of the personal property
of Lessee situated on the Premises as security for the payment of all rentals
due or to become due hereunder, and Lessee agrees to execute such documents as
Lessor may reasonably require to evidence Lessor's security interest. It is
intended by the parties that this instrument shall have the effect of a
mortgage or lien upon such property and Lessor, upon default of Lessee in the
payment of rent, may take possession of the property either to its own use or
to sell the same for the best price that can be obtained at a public or private
sale, and out of the money derived from such sale pay the amount due Lessor,
and all costs growing out of the enforcement of this Lease, paying the surplus,
if any, to Lessee. If the property, or any portion thereof, shall be offered
at a public auction, Lessor may become the purchaser of the property. It is
the intent of the parties by execution of this Lease to create a security
interest in the items described above pursuant to the terms of the Uniform
Commercial Code - Colorado, and in that regard, Lessee agrees to execute such
additional documents as are reasonably required by Lessor to perfect such
security interest.
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16.8 Lessee acknowledges that late payments by Lessee to Lessor of
rent will cause Lessor to incur costs not contemplated by this Lease, the exact
amount of such costs being extremely difficult and impracticable for fix. Such
costs include, without limitation, processing and accounting charges and late
charges that may be imposed upon Lessor by the terms of any encumbrance and
note secured by any encumbrance covering the Premises. Therefore, if any
installment of rent due from Lessee is not received by Lessor when due, Lessee
shall pay Lessor, for each month such rent remains due and owing, in addition
to interest of such late payments, either $25.00 or 3% of the overdue payment,
whichever shall be greater. The parties agree that this late charge represents
a fair and reasonable estimate of the cost that Lessor will incur by reason of
late payment by Lessee. Acceptance of any late charge shall not constitute a
waiver of Lessee's default with respect to the overdue amount, or prevent
Lessor from exercising any of the other rights and remedies available to
Lessor.
16.9 Any suit brought by Lessor to enforce the collection any
amount due under this article for any one month shall not prejudice Lessor's
right to enforce the collection of any further amount due for any subsequent
month.
SECTION 17. HOLDING OVER.
If, after the expiration of the term of this Lease, Lessee shall
remain in possession of the leased Premises and continue to pay rent without a
written agreement as to such possession then Lessee shall be deemed to continue
in possession on a month-to-month tenancy. The rental rate during such
holdover period shall be equivalent to the monthly rental rate paid during the
last month of the term of this Lease, subject to the annual adjustments set
forth above, plus twenty-five percent (25%). No holding over by Lessee shall
operate to renew or extend this Lease without the written consent of Lessor.
SECTION 18. QUIET ENJOYMENT.
Subject to the terms of this Lease, Lessee, upon paying the Base Rent
and additional rent and performing the other terms, covenants and conditions of
this Lease, shall and may peaceably and quietly occupy and enjoy the Premises
during the term of this Lease. Lessor shall warrant and defend Lessee in the
quiet enjoyment and possession of the Premises during the term of this Lease.
SECTION 19. OPTION TO EXTEND.
Any option to extend the term of this Lease which may be separately
negotiated between Lessor and Lessee shall be considered a part of this Lease
and subject to its terms. Any such option must, to be enforceable, be in
written form and such document must be signed by Lessor and Lessee.
SECTION 20. NOTICE PROCEDURE.
All notices, demands and requests which may be or are required to be
given by either party to the other shall be in writing. Any such notice,
demand or request to be given to Lessee shall be deemed to have been properly
given if served on Lessee or an employee of Lessee or sent to Lessee by United
States Registered Mail, Return Receipt Requested, at Lessee's address set forth
below or such other place as Lessee may designate in a written notice to
Lessor. Any such notice, demand or request to be given to Lessor shall be
deemed to have been properly given if served on Lessor or an employee of Lessor
in the offices of the Building, or sent to Lessor by United States Registered
Mail, Return Receipt Requested, at its offices in the Building or at such other
place as Lessor may designate in a written notice to Lessee. Any notice given
by mailing shall be effective as of the date of mailing as shown by the receipt
given.
SECTION 21. WAIVER.
No delay or admission in the exercise of any right or remedy of Lessor
on any default by Lessee shall impair such a right or remedy or be construed as
a waiver. Any waiver by Lessor of a default by Lessee must be
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in writing, and shall not be a waiver of any other present or future default
concerning the same or any other violation of the Lease.
SECTION 22. CONTROLLING LAW.
The Lease and its terms shall be construed consistent with the laws of
the State of Colorado. Any dispute resulting in litigation shall be resolved
in Court proceedings instituted in Colorado and in no other jurisdiction.
SECTION 23. LEASE BINDING UPON SUCCESSORS.
The covenants and agreements in this Lease shall bind and inure to the
benefit of Lessor and Lessee and their respective successors.
SECTION 24. EXECUTION IN DUPLICATE.
This Lease shall be signed by the parties in duplicate, each of which
shall be a complete and effective original Lease.
SECTION 25. PARTIAL INVALIDITY.
If any term, covenant or condition of this Lease or the application
thereof shall to any extent be invalid or unenforceable, the remainder of the
Lease or the application of such term, covenant or condition to persons or
circumstances other than those to which it has been held invalid or
unenforceable shall not be affected and each term, covenant and condition of
this Lease shall be valid and shall be enforced to the fullest extent permitted
by law.
SECTION 26. SECTION HEADINGS.
All section headings are for the purpose of reference and shall not
affect the true meaning and intent of the terms contained in the sections.
IN WITNESS OF THIS AGREEMENT, the parties have executed this Lease on the day
and year first above written.
COLORADO BUILDING GROUP
Lessor
By: /s/ Xxxxx X. Xxxxx
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Xxxxx X. Xxxxx
Lessee
By: /s/ J. Xxxxxxx XxXxxx
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J. Xxxxxxx XxXxxx, President
for Vectra Bank of Boulder
Date: September 5, 1995
By: /s/ Xxxx X. Xxxx
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Xxxx X. Xxxx, President
for Vectra Banking Corporation
10.10-9
