AMENDED AND RESTATED LEASE
PARTIES
This Amended and Restated Lease is made this 21st day of November,
2002, between Xxxx Xxxxxxxx, Xxxx Xxxxxxxx, and Xxxx Xxxxxx, d/b/a SOS
Properties, successors in interest to Xxxxxxx X. and Xxxxxx Xxxxxxxx as Lessor
and SOS Staffing Services, Inc., formerly known as SOS Services, Inc., as
Lessee.
The Parties are currently the parties to that certain lease (the
"Lease") dated April 1, 1995 regarding the property, which is subject of this
Amended and Restated Lease. The Parties desire to amend and restate the Lease as
set forth herein.
Lessor does hereby lease to Lessee and Lessee hereby hires from Lessor
that certain building consisting of approximately 16,437 square feet and the
building's appurtenant property (hereinafter called "Premises") said premises
being located at 0000 Xxxxx Xxxx Xxxxxx, Xxxx Xxxx Xxxx, Xxxx, 00000, and more
particularly described as follows: All of Xxxx 0 xxxxxxx 00, Xxxxx 0, Xxxxx Xxxx
Addition, Plat A as recorded in the Salt Lake County Recorder's Office.
Said letting and hiring is upon and subject to the terms, covenants and
conditions herein set forth and the Lessee covenants to keep and perform each
and all of said terms, covenants and conditions by it to be kept and performed
and that this Amended and Restated Lease is made upon the conditions of such
performance.
1. PURPOSE. The premises are to be used for the conduct of general offices and
such other uses as are compatible or necessary thereto and for no other purpose
without the written consent of Lessor.
2. TERM AND POSSESSION. The term of this Amended and Restated Lease shall
commence on December 1, 2002 and the term shall be for a period of Sixteen (16)
Months and shall expire on March 31, 2004 (the "Termination Date"). The Parties
acknowledge that Lessee is currently in possession of the Premises pursuant to
the Lease. Lessee shall have the option to extend the Term of this Amended and
Restated Lease as more particularly set forth in Section 5 hereof.
3. RENT. Lessee shall pay as base annual rent on the leased premises during the
term hereof the amount set forth on the schedule below, with one-twelfth (1/12)
of said amount to be paid each month. Lessee shall pay in advance one-twelfth
(1/12) of the annual rent specified in this Section 3. Each rental payment or
other sum required to be paid by Lessee under this Amended and Restated Lease
shall be delivered to Lessor at 0000 Xxxxx Xxxxxxx Xxxx Xxxxx, Xxxxx, Xxxx
00000, or to such other address as Lessor may hereafter designate in a written
notice given to Lessee. Any installment of rent, other sum, or any portion or
such installment or sum required under this Amended and Restated Lease to be
paid by Lessee which has not been paid within fifteen calendar (15) days after
the due date thereof, shall whether or not demand therefore is made, or notice
of default is given, bear interest at the rate of ten percent (10%) per annum
from the due date thereof until paid in full. In addition thereto, Lessor may
charge a sum equal to five percent (5%) of each unpaid amount as a service fee
to compensate Lessor for the additional time and expense necessitated in the
handling of delinquent payments.
The rental schedule for base rent is as follows:
October 1, 2002 through March 31, 2003:
$ 93,391.20 per year payable at the rate of
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$ 7,782.60 on or before the first day of each month.
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April 1, 2003 through March 31, 2004:
$ 98,060.76 per year payable at the rate of
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$ 8,171.73 on or before the first day of each month.
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4. REAL PROERTY TAXES AND ASSESMENTS. For the 2002 calendar year, Lessee agrees
to pay Lessor $2,476.00 as Additional Rent for the premises for the real
property taxes and assessments for such year. For the 2003 calendar year and
each successive calendar year during the Term of this Amended and Restated
Lease, including any extension of the Term as provided in Section 5 hereof,
Lessee agrees to pay to the Lessor as additional rent an amount equal to the
entire Real Property Taxes and Assessments for the Premises for such year;
provided, however, if the Term expires during the year, Lessee shall pay Lessor
an amount equal to the real property taxes and assessments for the Premises
multiplied by the number of months during the tax year this Amended and Restated
Lease is in effect divided by twelve (12). For example, if this Amended and
Restated Lease terminates on March 31 of a given year, Lessee would by 3/12 of
the Real Property Taxes and Assessments for the year in which this Amended and
Restated Lease terminates.
Commencing with the 2003 calendar year, Lessor shall provide Lessee a
copy of any real property tax and assessments within a reasonable amount of time
from Lessor's receipt thereof, but in no event later than would prejudice
Lessee's right to contest the amount of the real property tax or assessments.
Lessor agrees that Lessee, at Lessee's sole cost and expense, may contest any
real property tax or assessment. Lessee shall pay Lessor each year's assessment
no later than fifteen (15) days prior to the due date of such taxes. Lessee
shall pay its 2002 payment in connection with its December 2002 rent payment.
5. OPTION TO EXTEND TERM. Lessor hereby grants Lessee three successive
three-year options to extend the Term of this Amended and Restated Lease. Each
option shall be exercisable by the Lessee by giving written notice of its intent
to extend the term. Such notice shall be delivered to Lessor not less than 120
days nor more than 240 days from the Termination Date or any extension thereof.
In other words, Lessee shall have the option to extend the Termination Date of
this Amended and Restated Lease from March 31, 2004 to March 31, 2007, then
March 31, 2010, and then March 31, 2013. If any such option is exercised, base
rent for each additional lease year shall be increased effective on April 1 of
each such year by a percentage increase equal to the percentage increase in the
Consumer Price Index plus one percent (1%), but in no event more than five
percent (5%) for any given year. Consumer Price Index means the Consumer Price
Index for All Urban Consumers - U.S. City Average - All Items as published by
the United States Bureau of Labor Statistics or any successor agency or any
other index hereinafter employed by the Bureau of Labor Statistics in lieu of
said index. Base rent shall continue to be payable monthly under the terms and
conditions set forth in Section 3 of this Amended and Restated Lease.
6. USES PROHIBITED. Lessee shall not do or permit anything to be done in or
about the premises nor being or keep anything therein which will in any way
increase the existing rate or affect any fire or other insurance upon the
building, or any of its contents or cause a cancellation of any insurance policy
covering said building or any part thereof or any of its contents. 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 Lessees or occupants of the
building or injure or annoy them or use or allow the premises to be used for any
improper, immoral, unlawful or objectionable purpose, nor shall Lessee cause,
maintain, or permit any nuisance in, on or about the premises. Lessee shall not
commit or suffer to be committed any waste in or upon the premises.
7. COMPLIANCE WITH LAW. Lessee shall not use the premises or permit anything to
be done in or about the premises which will in any way conflict with any law,
statute or ordinance or governmental rule or regulation now in force or which
may hereafter be enacted or promulgated. Lessee shall, at its sole cost and
expense, promptly comply with all laws, statutes, ordinances and governmental
rules, regulations or requirements now in force or which may hereafter be in
force and with the requirements of any board of fire underwriters or other
similar body now or hereafter constituted relating to or affecting the
condition, use or occupancy of the premises excluding structural changes not
related to or affected by Lessee's improvements or acts. The judgment of any
court of competent jurisdiction or the admission of Lessee in any action against
Lessee, whether Lessor be a party thereto or not, that Lessee has violated any
law, statute, ordinance, or governmental rule, regulation or requirement, shall
be conclusive of that fact as between Lessor and Lessee.
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8. ALTERATIONS. During the Term, Lessee shall have the right to make
non-structural alterations, additions and improvements to the premises,
including but not limited to, the installation of partitions, carpeting, light
fixtures, window hangings, wall hangings, furniture, and trade fixtures (the
"Improvements"); provided, in no event shall Lessee make such alterations or
improvements without first obtaining Lessor's prior approval of the proposed
improvement, which consent shall not be unreasonably withheld. Lessee may
contract with a third party or Lessor for the construction of such improvements;
provided, Lessor shall have the right to approve any such third party
contractor, which approval shall not be unreasonably withheld.
Upon the expiration or termination of the Amended and Restated Lease,
Lessee shall have the right to remove all improvements owned by it, which are
not attached or affixed to the premises.
9. REPAIRS AND DAMAGES. By entry hereunder Lessee accepts the premises as being
in good, sanitary order, condition and repair. Lessee shall, upon expiration or
sooner termination of the term hereof, surrender the premises to Lessor in the
same condition as when received, ordinary wear and tear and damage by fire,
earthquake, act of God or the elements excepted. It is specifically understood
and agreed that Lessor has no obligation and has made no promises to any part
thereof and that no representations respecting the condition of the premises or
the building of which the premises are a part have been made by Lessor to Lessee
as specifically herein set forth.
10. ABANDONMENT. Lessee shall not vacate or abandon the premises at any time
during the term, and if Lessee shall abandon, vacate or surrender said premises,
or be dispossessed by process of law or otherwise.
11. LIENS. Lessee shall keep the premises and the property in which the premises
are situated free from any liens arising out of any work performed, materials
furnished or obligations incurred by Lessee.
12. ASSIGNMENT AND SUBLETTING. Lessee shall not assign, transfer, mortgage,
pledge, hypothecate or encumber this Lease, or any interest therein, and shall
not sublet the said premises or any part thereof, or any right or privilege
appurtenant thereto, or suffer any other person (the agents and servants of
Lessee excepted) to occupy or use the said premises, or any portion thereof,
without the written consent of Lessor first had and obtained, which consent
shall not be unreasonably withheld, and a consent to one assignment, subletting,
occupation or use by another person shall not be construed as consent for future
assignment, subletting, occupation or use by another person. Notwithstanding
anything herein to the contrary, no assignment or subletting shall be allowed if
the intended use of the premises shall be for other than general office use
consistent with a professional office building. Any such assignment or
subletting without such consent shall be void, and shall at the option of
Lessor, terminate this Lease. Any sublease or assignment agreed to by Lessor
shall in no way relieve Lessee of responsibility of making rent payments to
Lessor in the event of a default by the assignee or sublessee in making their
rent payments for the term of the original lease or any extension thereof. This
Lease shall not, nor shall any interest therein, be assignable as to the
interest of Lessee by operation of law, without the written consent of Lessor.
13. INDEMNIFICATION OF LESSOR. Lessor shall not be liable to Lessee, and Lessee
hereby waives all claims against Lessor, for any injury or damage to any person
or property in or about the premises by or from any cause whatsoever, and,
without limiting the generality of the foregoing, whether caused by water
leakage of any character from the roof, walls, basement or other portion of the
premises or the building, or caused by gas, fire, oil, electricity or any cause
whatsoever in, on or about the premises of the building or any part thereof,
Lessee shall hold Lessor harmless from any and all claims or liability from
injury or damage to any person or property whatsoever: (1) occurring in or about
the premises or any part thereof and (2) occurring in or about any facilities
without prejudice to the generality of the term, facilities, stairways,
passageways, hallways, and parking areas, when such injury or damage shall be
caused in part or in whole by the act, neglect, fault of or omission of any duty
with respect to the same by Lessee, its agents, servants, employees or invitees.
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14. INSURANCE. Lessee agrees during the term hereof to carry public liability
insurance covering the premises in an amount of not less than Five Hundred
Thousand Dollars ($500,000.00) for injury and/or death to any one person and One
Million Dollars ($1,000,000.00) for injury and/or death to any number of persons
in any one accident, and property damage insurance in an amount of Five Hundred
Thousand Dollars ($500,000.00) in the name of Lessee (with Lessor named as an
additional insured), to pay the premiums therefor and to deliver said policies
or certificates thereof to Lessor, and the failure of Lessee either to affect
said insurance in the names herein called for, or to permit Lessor to procure
said insurance, or to pay the requisite premiums therefor or to deliver said
policies or certificates or duplicates thereof to Lessor, shall permit Lessor to
procure said insurance and pay the requisite premiums therefor, which premiums
shall be repayable to Lessor with the next installment of rent. Each insurer
under the policies required hereunder shall agree by endorsement on the policy
issued by it or by independent instrument furnished to Lessor that it will give
Lessor no fewer than ten (10) days' written notice before the policy or policies
in question shall be altered or canceled.
15. SERVICES AND UTILITIES. Lessor agrees to furnish to the premises water,
sewer and electricity suitable for the intended use of the premises, heat and
air conditioning necessary for the comfortable use and occupation of the
premises; provided, however that the costs of all such utility usage for the
premises shall be paid by Lessee. Electricity shall be separately metered or sub
metered, and paid by Lessee. Lessee shall provide and pay for its own janitorial
service and any other services related or provided to the leased Premises.
Lessee shall not be entitled to any abatement or reduction of rent by
reason of Lessor's failure to furnish any of the foregoing when such failure is
caused by accidents, breakage, repairs, strikes, lockouts or other labor
disturbances or labor disputes of any character, or by any other similar cause,
beyond the reasonable control of Lessor; provided, should Lessor fail to furnish
such services for a continuous period of time in excess of ten (10) days unless
the result of causes beyond Lessor's reasonable control, Lessee shall, as of the
eleventh (11th) day have the right to reduce its rental by reason of such
failure to supply services.
16. MAINTENANCE. Lessee shall be responsible for the following maintenance
expenses: Exterior Walls, Interior Walls, Interior Decorating, Exterior
Painting, Yard and Property Maintenance, Heating and Air Conditioning Equipment,
Electrical Equipment, Minor (any expense not exceeding $1,000) Plumbing Repairs,
Light Globes and Tubes, Glass Breakage, Trash Removal, Snow Removal and Janitor.
Lessor shall be responsible for the following expenses: Roof, Structural Repair
and Major (Any expense exceeding $1,000) Plumbing Equipment.
17. PERSONAL PROPERTY TAXES. Lessee agrees to pay or cause to be paid, before
delinquency, any and all taxes levied or assessed and which become payable
during the term hereof upon all equipment, furniture, fixtures and other
personal property located in the premises; except that which may be owned by
Lessor.
18. HOLDING OVER. If, with Lessor's consent, Lessee holds possession of the
premises after the term of this Amended and Restated Lease, Lessee shall become
a tenant from month to month upon the terms herein specified but at a monthly
rental equivalent to 105% of the then prevailing rental paid by Lessee at the
expiration of the term of this Amended and Restated Lease pursuant to all of the
provisions of Paragraphs 4 and 6 hereof payable in advance on or upon the first
day of each month, and Lessee shall continue in possession until such tenancy
shall be terminated by Lessor, or until Lessee shall have given to Lessor a
written notice at least one month prior to the date of termination of such
monthly tenancy of his intention to terminate such tenancy.
19. ENTRY BY LESSOR. Lessor reserves and shall at any and all times have the
right to enter the premises to inspect the same, to supply any service to be
provided by Lessor to Lessee hereunder, and submit said premises to prospective
purchasers or tenants, to post notices of nonresponsibility, and to alter,
improve, or repair the premises and any portion of the building where reasonably
required by the character of the work to be performed, always provided the
entrance to the premises shall not be blocked thereby, and further providing
that the business of Lessee shall not be interfered with unreasonably. Lessee
hereby waives any claim for damages for any injury or inconvenience to or
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interference with Lessee's business, any loss of occupancy or quiet enjoyment of
the premises, and any other loss occasioned thereby. For each of the aforesaid
purposes, Lessor shall at all times have and retain a key with which to unlock
all of the doors in, upon and about the premises, excluding Lessee's vaults and
safes, and Lessor shall have the right to use any and all means which Lessor may
deem proper to open said doors in an emergency, in order to obtain entry to the
premises, and any entry to the premises obtained by Lessor 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 Lessee from the premises or any portion thereof.
20. DEFAULT. The occurrence of any of the following shall constitute a material
default and breach of this Amended and Restated Lease by Lessee:
(i) Any failure by Lessee to pay the rental or to make any other
payments required to be made by Lessee hereunder (where such failure continues
for fifteen (15) days after written notice thereof by Lessor to Lessee).
(ii) the abandonment or vacation of the premises by Lessee.
(iii) A failure by Lessee to observe and perform any other provision of
this Amended and Restated Lease to be observed or performed by Lessee, where
such failure continues for thirty (30) days after written notice thereof by
Lessor to Lessee; provided, however, that if the nature of such default is such
that the same cannot reasonably be cured within such thirty (30) day period,
Lessee shall not be deemed to be in default if Lessee shall within such period
commence such cure and thereafter diligently prosecute the same to completion.
In the event of any such default by Lessee, then in addition to any
other remedies available to Lessor at law or in equity, Lessor shall have the
immediate option to terminate this Amended and Restated Lease and all rights of
Lessee hereunder by giving written notice of such intention to terminate. In the
event that Lessor shall elect to so terminate this Amended and Restated Lease,
then Lessor may recover from Lessee:
(i) The worth at the time of award of any unpaid rent which had been
earned at the time of such termination; plus
(ii) The worth at the time of award of the amount by which the unpaid
rent which would have been earned after termination until the time of award
exceeds the amount of such rental loss Lessee proved could have been reasonably
avoided; plus
(iii) Any other amount necessary to compensate Lessor for all the
detriment proximately caused by Lessee's failure to perform his obligation under
this Amended and Restated Lease or which in the ordinary course of things would
be likely to result therefrom, and (iv) At Lessor's election, such other amounts
in addition to or in lieu of the foregoing as may be permitted from time to time
by applicable law.
The term "Rent" as used herein, shall be deemed to be and to mean the
rental, rental adjustment payments and all other sums required to be paid by
Lessee pursuant to the terms of this Amended and Restated Lease.
As used in subparagraphs (i) and (ii) above, the worth at the time of
award is computed by allowing interest at the rate of ten percent (10%) per
annum. As used in paragraph (iii) above, the worth at the time of award is
computed by discounting such amount at the discount rate of the Federal Reserve
Bank at the time of award plus one percent (1%).
In the event of any such default by Lessee, Lessor shall also have the
right, with or without terminating this Amended and Restated Lease, to re-enter
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the premises and remove all persons and property from the premises; such
property may be removed and stores in a public warehouse or elsewhere at the
cost of and for the account of Lessee.
In the event of the vacation or abandonment of the premises by Lessee,
or in the event that Lessor shall elect to re-enter as provided above or shall
take possession of the premises pursuant to legal proceeding or pursuant to any
notice provided by law, then if Lessor does not elect to terminate this Amended
and Restated Lease as provided above, then Lessor may from time to time, without
terminating this Amended and Restated Lease, either recover all rental as it
becomes due or relet the premises or any part thereof for such term or terms and
conditions as Lessor in its sole discretion may deem advisable with the right to
make alterations and repairs to the premises.
In the event that Lessor shall elect to so relet, then rental received
by Lessor from such reletting shall be applied; first, to the payment of any
indebtedness other than rent due hereunder from Lessee to Lessor; second, to the
payment of any cost of such reletting; third, to the payment of the cost of any
alterations and repairs to the premises; fourth, to the payment of rent due and
unpaid hereunder, and the residue, if any, shall be held by Lessor and applied
in payment of future rent as the same may become due and payable hereunder.
Should that portion of such rentals received from such reletting during any
month which is applied by the payment of rent hereunder, be less than the rent
payable during that month by Lessee hereunder, then Lessee shall pay such
deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency
shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon
as ascertained, any costs and expenses incurred by Lessor in such reletting in
or making such alterations and repairs not covered by the rentals received from
such reletting.
No re-entry or taking possession of the premises by Lessor pursuant to
this Paragraph 19 shall be construed as an election to terminate this Amended
and Restated Lease unless a written notice of such intention be given to Lessee
or unless the termination thereof be decreed by a court of competent
jurisdiction. Notwithstanding any reletting without termination by Lessor
because of any default by Lessee, Lessor may at any time after such reletting
elect to terminate this Amended and Restated Lease for any such default.
21. RECONSTRUCTION. In the event the premises or the building of which the
premises are a part are damaged by fire or other perils covered by extended
coverage insurance, Lessor agrees to forthwith repair the same; and this Amended
and Restated Lease shall remain in full force and effect, unless otherwise
terminated in accordance with this Article, except that Lessee shall be entitled
to a proportionate reduction of rent while such repairs are being made, such
proportionate reduction to be based upon the extent to which the making of such
repairs shall interfere with the business carried on by Lessee in the premises.
Provided, however, if the damage or destruction renders the premises or the
common areas of the building providing access to the premises unusable, Lessee
may terminate this Amended and Restated Lease effective as of the date of the
damage and destruction by giving notice thereof in writing to Lessor unless
Lessor shall, after receipt of the notice, immediately take all necessary
emergency action so that the premises can be utilized for Lessee's normal
business use with a minimum of disruption and thereafter Lessor, within seven
(7) days of the date of Lessee's notice is given, commences removal of the
debris and the restoration of the premises. If notwithstanding such damage or
destruction, the building in which the premises is located remains open for
business with the public, Lessor's restoration and repair shall be completed as
soon as reasonably feasible and in no event later than one hundred twenty (120)
days after such damage and destruction. If the premises and/or the building are
so damaged or destroyed that it will not be open to the public or usable by
Lessee for a period in excess of one hundred twenty (120) days, Lessee shall
have the right to terminate this Amended and Restated Lease by giving Lessor
written notice thereof, said notice to be effective as of the date it is given.
In the event the destruction of the premises or of the building is to
an extent greater than twenty-five percent (25%) of the then full replacement
value, then Lessor shall have the option either: (1) to repair or restore such
damage, this Amended and Restated Lease continuing in full force and effect;
provided, Lessee has not terminated this Amended and Restated Lease in
accordance with the provisions of this Article, but the rent to be
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proportionately reduced as provided above in the paragraph; or (2) give notice
to Lessee at any time within thirty (30) days after such damage, terminating
this Amended and Restated Lease as of the date of such notice. In the event of
giving such notice, this Amended and Restated Lease shall expire and all
interest to the Amended and Restated Lease in the premises shall terminate on
the date so specified in such notice and the rent, reduced by any proportionate
reduction, based upon the extent, if any, to which such damage interfered with
the business carried on by Lessee in the premises, shall be paid up to date of
such termination.
Notwithstanding anything to the contrary contained in this Paragraph,
Lessor shall not have any obligation whatsoever to repair, reconstruct or
restore the premises when the damage resulting from any casualty covered under
this Paragraph occurs during he last twelve (12) months of the term of this
Amended and Restated Lease or any extension thereof.
Lessor shall not be required to repair any injury or damage by fire or
other cause, or to make any repairs or replacement of any panels, decoration,
office fixtures, railing, ceiling, floor covering partitions, or any other
property installed in the premises by Lessee.
22. EMINENT DOMAIN. If all or any part of the premises shall be taken or
appropriated by any public or quasi-public authority under the power of eminent
domain, either party hereto shall have the right, at its option, to terminate
this Amended and Restated Lease, and Lessor shall be entitled to any and all
income, rent, award, or any interest therein whatsoever which may be paid or
made in connection with such public or quasi-public use or purpose, and Lessee
shall have no claim against Lessor for the value of any unexpired term of this
Amended and Restated Lease. If a part of the premises shall be so taken or
appropriated and neither party hereto shall elect to terminate this Amended and
Restated Lease, the rental thereafter to be paid shall be equitably reduced.
Before Lessee may terminate this Amended and Restated Lease by reason of taking
or appropriation as above provided, such taking or appropriation shall be of
such an extent and nature as to substantially handicap, impede or impair
Lessee's use of the premises for a period in excess of sixty (60) days. If any
part of the building other than the premises shall be so taken or appropriated,
Lessor shall have the right, at its option, to terminate this Amended and
Restated Lease and shall be entitled to the entire award, as above provided.
23. PLATS AND RIDERS. Clauses, plats, addenda, exhibits, riders and rules and
regulations, if any, signed or initialed by Lessor and Lessee and endorsed on or
affixed to this Amended and Restated Lease are a part hereof.
24. SALE BY LESSOR. In the event of a sale or conveyance by Lessor of the
building containing the premises, the same shall operate to release Lessor from
any future liability upon any of the covenants or conditions, express or
implied, herein contained in favor of Lessee, and in such event Lessee agrees to
look solely to the responsibility of the successor in interest of Lessor in and
to this Amended and Restated Lease. This Amended and Restated Lease shall not be
affected by any such sale, and Lessee agrees to attorn to the purchaser or
assignee.
25. ATTORNEY'S FEES. In the event of any action or proceeding brought by either
party against the other under this Amended and Restated Lease the prevailing
party shall be entitled to recover for the fees of its attorneys in such action
or proceeding in such amount as the Court may adjudge reasonable as attorney's
fees.
26. SURRENDER OF PREMISES. The voluntary or other surrender of this Amended and
Restated Lease by Lessee, or a mutual cancellation thereof, shall not work a
merger, and shall at the option of the Lessor, terminate all or any existing
sublease or subtenancies, or may, at the option of Lessor, operate as an
assignment to it of any or all such subleases or subtenancies.
27. WAIVER. The waiver by Lessor of any term, covenant or condition herein
contained shall not be deemed to be a waiver of such term, covenant or condition
or any subsequent breach of the same or any other term, covenant or condition
herein contained. The subsequent acceptance of rent hereunder by Lessor shall
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not be deemed to be a waiver of any preceding breach by Lessee of any term,
covenant or condition of this Amended and Restated Lease, other than the failure
of Lessee to pay the particular rental so accepted, regardless of Lessor's
knowledge of such preceding breach at the time of acceptance of such rent.
28. NOTICES. All notices and demands which may or are required to be given by
either party to the other hereunder shall be in writing. All notices and demands
by the Lessor to the Lessee shall be sent by United States certified or
registered mail, postage prepaid, addressed to the Lessee as follows, or to such
other place as the Lessee may from time to time designate in a notice to the
Lessor. All notices and demands by the Lessee to the Lessor shall be send by
United States certified or registered mail, postage prepaid, addressed to the
Lessor as follows, or to such other person or place as the Lessor may from time
to time designate in a notice to the Lessee.
Lessor's Address: Lessee's Address:
Xxxx Xxxxxxxx SOS Staffing Services, Inc.
0000 Xxxxx Xxxxxxx Xxxx Xxxxx 0000 Xxxxx Xxxx Xxxxxx
Xxxxx, XX 00000 Xxxx Xxxx Xxxx, XX 00000
Attn: Legal Department
Whenever this Amended and Restated Lease required Lessee to obtain
consent from Lessor prior to acting, such consent shall be obtained from Xxxx
Xxxxxxxx 000-000-0000 or Xxxx Xxxxxxxx 000-000-0000.
29. DEFINED TERMS AND MARGIN HEADINGS. The words "Lessor" and "Lessee" as used
herein shall include the plural as well as the singular. Words used in masculine
gender include the feminine and neuter. If there be more than one Lessee the
obligations hereunder imposed upon Lessee shall be joint and several. The margin
heading and titles to the paragraphs of the Amended and Restated Lease are not a
part of this Amended and Restated Lease and shall have no effect upon the
construction or interpretation of any part hereof.
30. TIME. Time is of the essence of this Amended and Restated Lease and each and
all of its provisions.
31. SUCCESSORS AND ASSIGNS. The covenants and conditions herein contained shall,
subject to the provisions as to assignment, apply to and bind the heirs,
successors, executors, administrators, and assigns of the parties hereto.
32. FORCE MAJEURE. Except for purpose of rental, Lessor and Lessee shall be
excused from the period of any delay in the performance of any obligations
hereunder when prevented from so doing by cause or causes beyond the respective
control of each including labor disputes, civil commotion, war, governmental
regulations or controls, fire or other casualty, weather, inability to obtain
any material or services, or acts of God.
33. SUBORDINATION, ATTORNMENT. This Amended and Restated Lease, at Lessor's
option, shall be subordinate to the lien of any first deed of trust or first
mortgage subsequently placed upon the real property of which the demised
premises are a part, and to any and all advances made on the security thereof,
and thereof; provided, however, that as to the lien of any such deed of trust or
mortgage Lessee's right to quiet possession of the premises shall not be
disturbed if Lessee is not in default and so long as Lessee shall pay rent and
observe to perform all of the provisions of this Amended and Restated Lease,
unless this Amended and Restated Lease is otherwise terminated pursuant to its
terms. If any mortgagee, trustee or ground lessor shall elect to have this
Amended and Restated Lease prior to the lien of its mortgage, deed of trust, or
ground lease, and shall have written notice of Lessee, this Amended and Restated
Lease shall be deemed prior to such mortgage, deed of trust, or ground lease,
whether this Amended and Restated Lease is dated prior or subsequent to the date
of said mortgage, deed of trust or ground lease or the date of recording
thereof.
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In the event any proceedings are brought for foreclosure, or in the
event of the exercise of the power of sale under any mortgage or deed of trust
made by the Lessor covering the demised premises, Lessee shall attorn to the
purchaser upon any such foreclosure or sale and recognize such purchaser as the
Lessor under this Amended and Restated Lease.
33. WAIVER OF SUBROGATION. So long as their respective insurers so permit,
Lessee and Lessor hereby mutually waive the respective rights of recovery
against each other for any loss insured by liability, fire, extended coverage
and other property insurance policies existing for the benefit of the respective
party. Each party shall obtain any special endorsements, if required by their
insurer to evidence compliance with the aforementioned waiver.
34. COMPLIANCE WITH THE LAW. Lessee agrees to comply and conform with all
municipal, state and federal laws and statutes that are in effect concerning
hazardous waste, toxic substances, and chemical substances. Lessee agrees to
indemnify Lessor and hold Lessor free and harmless from any liability and cost
caused by Lessee's maintenance of hazardous waste and other toxic substances on
our about the premises. Lessee shall have the obligation to store and dispose of
such waste at Lessee's expense.
35. CONFIRMATION LEASE COMPLIANCE. Lessor agrees that Lessee has complied with
all terms and conditions of the Lease first referenced above and that except as
set forth in this Amended and Restated Lease, there are no obligations remaining
under the Lease. Lessee agrees that Lessor has complied with all terms and
conditions of the Lease and that except as set forth in this Amended and
Restated Lease, there are no obligations remaining under the Lease.
IN WITNESS WHEREOF Lessor and Lessee have executed this Amended and Restated
Lease the day acknowledged below.
Lessor: Lessee:
Xxxx Xxxxxxxx, Xxxx Xxxxxxxx, SOS Staffing Services, Inc.
and Xxxx Xxxxxx, d/b/a SOS Properties
By: By:
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Xxxx Xxxxxxxx
Its: Managing Member Its:
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Date: Date:
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