LEASE AGREEMENT
Exhibit 10.1
THIS AGREEMENT made as of the _15th ____ day of __March _________, 2015 by and between CLA BUILDING ASSOCIATES, L.P., a Delaware limited partnership (“Lessor” or “Landlord”), and TechPrecision Corporation a _______________ Corporation (“Lessee” or “Tenant”).
NOW, THEREFORE, in consideration of the mutual premises herein contained and intending to be legally bound hereby, the parties agree as follows:
2.1 The following terms shall have the definitions herein set forth:
(a) “Building”: The office building with an address of 0 XXXXXX XXXX.
XXXXXXX XXXXXX, XX 00000 which is located on the Land and is known as The Building.
(b) “Commencement Date”: March 15, 2015.
(c) “Land”: The parcel of land in the on which the Building is located.
(d) “Lease”: This Lease Agreement.
(e) “Premises”: 4,000 square feet of rentable contiguous space on the Second floor of the Building as referenced in the floor plan attached as Exhibit A
(g) The Expiration Date is September 15, 2015, unless sooner terminated in accordance with the terms hereof.
3.1 Lessor hereby leases to Lessee and Lessee hereby leases from Lessor, upon the terms, covenants and conditions set forth herein, the Premises together with the right, in common with other occupants of the Building, to use all common areas serving the Building, as such common areas.
4.1 The term of this Lease shall commence on the Commencement Date and shall end without the necessity for notice on the Expiration Date, unless sooner terminated in accordance with the terms hereof.
5.1 Lessee shall pay the Security Deposit upon the Lessee’s execution of this Lease. If any amount due from Lessee is not paid to Lessor within ten (10) days of when due, Lessee shall also pay as Additional Rent a late fee of five (5%) percent of the total payment then due. The late fee shall accrue on the initial date of a payment’s due date, irrespective of any grace period granted hereunder. Lessee shall be required to pay a Security Deposit of $2,400.00 under this Lease (the “Security Deposit”), as security for the prompt and complete performance by Lessee of every provision of this Lease. No interest shall be paid to Lessee on the Security Deposit. If Lessee fails to perform any of its obligations hereunder, Lessor may use, apply or retain the whole or any part of the Security Deposit for the payment of (a) any rent or other sums of money which Lessee may not have paid when due, (b) any sum extended by Lessor in accordance with the provisions of this Lease, and/or (c) any sum which Lessor may extend or be required to expend by reason of Lessee’s default beyond applicable notice and grace periods. The use of the Security Deposit by Lessor shall not prevent Lessor from exercising any other remedy provided by this Lease or by law and shall not operate as either liquidated damages or as a limitation on any recovery to which the Lessor may otherwise be entitled. If any portion of the Security Deposit is used, applied or retained by Lessor, Lessee agrees, within ten (10) days after the written demand therefore is made by Lessor, to deposit the cash with the Lessor in an amount sufficient to restore the Security Deposit to its original amount.
(a) 7.1 . Lessee shall pay to Lessor without notice or demand, and without set-off, the Fixed Rent payable in the monthly installments of Fixed Rent as set forth below, in advance of the first day of each calendar month during the Term by: Lessee’s check payable to CLA Building Associates and mailed to CLA x/x Xxxxx Xxxxxxxx, 00 L’Xxxxxx Xxxxx, Xxxx Xxxxx, XX 00000.
* Plus charges for Electric and Gas in accordance with §8 below
8.1. Tenant shall pay as Additional Rent charges for Electricity and Gas (without xxxx-up or profit taking) based on the proportionate share Ratio (3.1%) of the actual cost to Lessor to provide Gas and Electricity for the entire Building. Notwithstanding anything herein to the contrary, if Landlord reasonably determines that Tenant’s use of electricity is excessive for the Permitted Use, Tenant agrees to pay for installation of separate electric meter to measure electrical usage in excess of normal office use and pay Landlord for all such excess electricity registered in such submeter
10.1 Reserved
11.1 No alterations, additions or improvements of any nature shall be made to the Premises after the Commencement Date, by or on behalf of Lessee unless Lessee shall first submit on each occasion a detailed description thereof to Lessor and Lessor shall consent thereto in writing, provided Lessor shall be deemed to have consented to any alternations, additions or improvements which do not exceed $500.00 in cost and which do not materially adversely affect the structural or mechanical systems of the Building. All alterations, additions or improvements made by or on behalf of Lessee and all fixtures attached to or used in connection with the Premises shall immediately upon the completion or installation thereof be and become part of the Premises and the property of Lessor without payment therefore by Lessor and shall remain at the Premises, unless, at the time of Landlord’s consent to the making of such alterations, additions or improvements, Landlord instructs Tenant in writing to remove the same at the cost of Lessee before the expiration or sooner termination of this Lease and in such event Lessee shall repair all damage to the Premises caused by the installation and/or removal. Notwithstanding the foregoing, Lessee shall not be required to remove any leasehold improvements constituting Lessee Improvements nor any improvements, alterations, or additions installed during the Term unless the same is required by Lessor at the time Lessor approves such installation.
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11.2 Notwithstanding the foregoing, Lessee shall have the right to install in the Premises trade fixtures required by Lessee in its business and to remove such trade fixtures upon termination of this Lease; provided, however, that Lessor has first consented to such installation in writing, and that no such installation or removal shall affect the structural portions of the Premises or the Building. Lessee shall repair and restore before the expiration or sooner termination of this lease any damage or injury to the Premises caused by the installation and/or removal of any such trade fixtures.
12.1 Lessee shall have no power to do any act or to make any contract which may create or be the foundation for any lien, mortgage or other encumbrance upon the Building or the Premises or any estate of Lessor or of any interest of Lessor in the Premises, or in the Building or fixtures and machinery therein contained.
12.2 Lessee shall not suffer or permit any liens to stand against the Premises, the Building or any part thereof by reason of any work, labor, services or materials done for, or supplied, or claimed to have been done for, or supplied to, Lessee or anyone holding the Premises, or the Building or any part thereof by, through or under Lessee.
12.3 In the event Lessor shall permit Lessee to make any alterations, additions or improvements to the Premises, prior to the making of any such alterations, additions or improvements, Lessee shall, if allowed by applicable law, cause to be duly filed and recorded in the appropriate offices a Waiver of Mechanic’s and Materialmen’s Liens in form satisfactory to Lessor, such waivers to be binding on all subcontractors and materialmen.
13.1 Lessee shall give to Lessor prompt written notice of any accident or breakage or defects of which Lessee has knowledge in the wires, plumbing or heating or cooling apparatus, elevators or other apparatus located in the Building or the Premises, but failure to provide such notice shall not relieve Lessor of its obligations to repair pursuant to Section 14.
14.1 Lessor shall make as an operating expense of the building, all repairs necessary to maintain the plumbing, heating, ventilating, air conditioning, electric systems, external windows and floors (excluding carpeting and floor coverings), provided, however, that Lessor shall not be obligated to make any such repairs until the expiration of a reasonable period of time after receipt of written notice from Lessee that such repair is needed. In no event shall Lessor be obligated under this Section 14.1 to repair any damage caused by any act, omission or negligence of Lessee or its employees, agents, invitees, licensees, sublessees or contractors.
14.2 At the expiration or other termination of this Lease, Lessee shall leave the Premises, and during the term will keep the Premises, in good order and condition, ordinary wear and tear and damage by fire or other casualty alone excepted. Without limiting the foregoing, Lessee shall be responsible for, and shall pay to Lessor upon demand for, the cost of repair and restoration of any damage to any ducts, pipes, wires or other building equipment caused by the negligence, omission or misconduct of Lessee or those claiming under Lessee or their respective employees, agents, contractors, customers or invitees, except to the extent released by Lessor pursuant to the waiver of subrogation provision in Section 16. Lessee will use every reasonable precaution against fire and other damage and will give Lessor prompt notice of any damage to or accident upon the Premises. At the expiration or other termination of this Lease, Lessee will have theretofore removed all its property from the Premises so that Lessor may again have and possess the Premises.
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16.1 Lessee covenants and agrees to exonerate, indemnify, defend, protect and save Lessor harmless from and against any and all claims, demands, expenses, losses, suits and damages as may be occasioned by reason of (a) any accident or matter occurring on the Leased Premises, causing injury to persons or damage to property (including, without limitation, the Premises), except to the extent such accident or other matter resulted from the sole negligence or otherwise tortuous act of Lessor or Lessor’s employees, (b) the failure of Lessee to fully and faithfully perform the obligations and observe the conditions of this Lease, or (c) the negligence or otherwise tortuous act of Lessee or anyone in or about the Building on behalf or at the invitation or right of Lessee.
16.3 Lessee hereby releases Lessor from any and all liability or responsibility to anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property or any injury to or death of any person covered by any insurance then in force, even if such loss or damage or injury or death shall have been caused in part by the fault or negligence of the Lessor, or anyone for whom such party may be responsible. Lessee shall use their reasonable efforts to obtain such a clause in their respective casualty and liability insurance policies.
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16.4 Lessee shall, at its sole cost and expense, maintain and keep in force throughout the term hereof, insurance for all of Lessee’s contents and property in the Premises, and comprehensive general liability insurance with minimum limits of $1,000,000/$2,000,000 for personal injury and $1,000,000 for property damage. Lessee shall provide Lessor with certificates evidencing such insurance coverage. Lessee and their applicable insurance policies must name the Lessor as Additional Insured on an Ongoing and Completed Operations basis. Coverage shall be Primary and Non-contributing to any other insurance available to the Lessor.
16.5 Lessor shall maintain and keep in force throughout the term hereof, property insurance covering the Building and comprehensive general liability insurance with minimum limits of $1,000,000/$2,000,000 for personal injury and $1,000,000 for property damage covering the Building and the Premises.
18.1 Notwithstanding anything contained herein to the contrary, Landlord shall provide the Premises to Tenant (with the Lessee Improvements, regardless of who pays for same) so that the Premises are in accordance and conformance with all applicable laws. In the event the Premises are required to brought in compliance with any applicable laws, and such applicable laws: (a) were in effect (or had been passed) on or prior to the Commencement Date; or (b) do not specifically and directly apply to Tenant’s specific use of the Premises (as opposed to general office use), Landlord shall solely be responsible for the cost of bringing the Premises into compliance with the applicable laws.
19.1 The Landlord shall use reasonable efforts to furnish or cause to be furnished the following services, the costs incurred therefor shall, in all instances, be deemed Operating Expenses:
a. Air-cooling and heat when necessary to allow comfortable occupancy of the Premises during all Business Hours;
b. Cold water in common with other tenants from city mains for drinking, lavatory and toilet purposes drawn through fixtures installed by the Landlord, or by Tenant in the Premises with Landlord's written consent, and hot water in common with other tenants for lavatory purposes from regular Building supply;
c. Janitor and cleaning service in accordance with the specifications attached hereto as Exhibit “D “ in and about the Premises, Saturdays, Sundays and holidays excepted;
d. Passenger elevator service in common with Landlord and other tenants, daily during Business Hours; and
e. Electricity for Tenant's incidental uses by means of receptacles and lighting fixtures in the Premises.
Lessor will keep the Building in operation Monday through Friday during the hours of 8:00 A.M. to 6:00 P.M. (except for legal holidays). Lessee shall have access to the Premises and availability of utility and elevator service twenty-four (24) hours a day, seven (7) days a week.
19.2 Lessor will provide janitorial service consistent with the cleaning specifications attached hereto as Exhibit B. If Lessee desires additional janitorial services, it will pay 100% of the increase in the cost due to such additional services.
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19.3 Lessor will furnish a reasonable amount of electricity, as Lessor may determine necessary for lighting the common areas of the Building during Business Hours. The Building has one Philadelphia Electric Company meter. The gas is separately metered by the utility company. Lessee agrees to pay electric and the gas expenses for the Premises in accordance with Section 8.1. Lessee agrees to remit reimbursement to Lessor with thirty (30) days of receipt of Xxxxxx’x xxxx. In the event any of the aforesaid payments by Lessee to Lessor for utilities are made after the twentieth day following receipt by Lessee of Xxxxxx’x xxxx therefor, Lessee shall promptly pay to Lessor a “late charge” of five cents ($0.05) for each One Dollar ($1.00) so overdue to cover the extra expense involved in handling delinquent payments. This penalty fee shall not apply if Lessee contests the charges in writing until such time as the utility xxxx is resolved.
Lessee shall not operate in the Premises any electrically operated equipment (including, without limitation, electrical heating equipment, refrigeration or cooling equipment, high intensity lighting, unusual lighting requirements, data processing equipment, punch card equipment, computers, printing equipment and machinery and equipment requiring a greater voltage than 1 by), other than customary small office machines, reproduction copy equipment requiring 220 volts, and any equipment reference in Lessee Improvements without on each occasion first obtaining Lessor’s prior written consent thereto. Lessor represents and warrants that the capacity of the electric conductors and equipment to service the Premises shall be sufficient for Lessee’s intended use. Lessee may provide HVAC as necessary for its computer equipment. Lessee shall be permitted to use the existing supplemental HVAC in the server room presently located on the Premises.
19.4 The operation of any of the elevators or other machinery or apparatus may be interrupted, changed or suspended in case of accidents, strikes, labor disturbances, governmental restrictions, prohibitions or other regulations, casualties, breakdowns, repairs, renewals, replacements or improvements to the Building or replacement or conversion, or for other force major causes. Lessor agrees to obtain and maintain at all times during the Term of this Lease the most comprehensive, fastest response elevator maintenance contract from a licensed elevator repair vendor.
19.5 As to heat, air conditioning, cleaning service, electricity, elevator service, and any other services, Lessor shall not be responsible or liable in any way for, and Lessee agrees that there shall be no abatement of rent in the event of, any failure, interruption, suspension or inadequacy in quantity or quality of such service where due to causes beyond Lessor’s reasonable control. The negligence, recklessness or willful misconduct or Landlord or Landlord’s employees, agents and contractors shall not be deemed to be “beyond Lessor’s reasonable control”. The maintenance of such equipment and such services shall be included as Operating Expenses, as defined and limited in Section 7 hereof, and shall be performed by Lessor. Notwithstanding the foregoing, if there is an interruption of utility services or other building services which renders the Premises untenantable, inaccessible or incapable of use for Lessee’s intended use for a period in excess of FIVE (5) consecutive business days and Lessor’s action or inaction is the cause of such interruption, the rent payable under this Lease shall xxxxx until such services are restored. If at the end of any such FIVE (5) day period, the cause of the interruption, if capable of being cured by Lessor, has not been cured by Lessor, Lessee, in addition to any other rights Lessee may have in law or equity, may but shall not be obligated to cure the cause of such interruption on behalf of Lessor, Lessor shall reimburse Lessee upon demand for all reasonable out-of-pocket costs incurred by Lessee in curing such cause, including, without limitation, reasonable attorneys’ fees and other legal expenses.
19.6 Water and sewer rents for the Premises and the Building of which the Premises is a part shall be paid by Lessor as part of the Operating Expenses.
19.7 The Lessee shall pay to Lessor Lessee’s Proportionate Share of charges for utilities consumed in the Premises (which share shall be calculated by multiplying each utility invoice amount by the Ratio). Lessee shall pay such Proportionate Share of the utilities within thirty (30) days after lessee’s receipt of an invoice from Lessor for same.
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21.1 To accelerate the whole or any part of the rent for the entire unexpired balance of the term of this Lease, as well as all other charges, payments, costs and expenses herein agreed to be paid by Lessee, and any rent or other charges, payments, costs and expenses if so accelerated shall, in addition to any and all installments or rent already due and payable and in arrears, and/or any other charge or payment herein reserved, included or agreed to be treated or collected as rent and/or any other charge, expense or cost herein agreed to be deemed due and payable as if, by the terms and provisions of this Lease, such accelerated rent and other charges, payments, costs and expenses were on that date payable in advance. Lessor shall use reasonable efforts without the necessity for incurring expense to do so, to relet the Premises on such terms as Lessor, in Lessor’s reasonable discretion, deems appropriate to mitigate Lessor’s damages; provided that nothing in this sentence shall be deemed to (a) relieve Lessee of its obligations under this Lease or (b) to prevent Lessor from exercising any of its rights under this Lease.
21.2 To the extent permitted by law, enter the Premises and without further demand or notice as required by applicable law proceed to distress and sale of the goods, chattels and personal property there found, to levy the rent and/or other charges herein payable as rent, and Lessee shall pay all costs and officers’ commissions, including watchmen’s wages and sums chargeable to the Lessor and further including the five percent (5%) chargeable by the Act of Assembly as commissions to the constable or other person making the levy, and in such case all costs, officers commissions and other charges shall immediately attach and become part of the claim of Lessor for rent, and any tender of rent without said costs, commissions and charges made, after the issuance of a warrant of distress, shall not be sufficient to satisfy the claim of Lessor.
21.3 To reenter the premises and remove all persons and all or any property therefrom either by summary dispossession proceedings or by any suitable action or proceeding at law without being liable to indictment, prosecution or damages therefor, and repossess and enjoy the Premises, together with all additions, alterations and improvements. Upon recovering possession of the Premises by reason of a default on the part of the Lessee beyond applicable notice and cure periods, Lessor may, at Lessor’s option, either terminate this Lease or make such reasonable alterations and repairs as may be necessary in order to relet the Premises or any part or parts thereof, either in Lessor’s name or otherwise, for a term or terms which may at Lessor’s option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease and at such rent or rents and upon such other terms and conditions as in Lessor’s reasonable discretion may be deemed advisable and to such person or persons as may in Lessor’s discretion deem best; upon each such reletting all rents 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 costs and expenses of such reletting, including brokerages fees and attorney’s fees and all costs of such alterations and repairs; third, 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 it may become due and payable hereunder. If such rentals received from such reletting during any month shall be less than that to be paid during that month by Lessee hereunder, Lessee shall pay any such deficiency to Lessor. Such deficiency shall be calculated and paid monthly. No such reentry or taking possession of the Premises or the making of alterations and/or improvements thereto or the reletting thereof shall be construed as an election on the part of Lessor to terminate this Lease unless written notice of such intention be given to Lessee. Lessor shall in no event be liable in any way whatsoever for failure to relet the Premises or, in the event that the Premises or any part or parts thereof are relet, for failure to collect the rent thereof under such reletting. In the event of a default beyond applicable notice and cure periods Lessee, for Lessee and Lessee’s successors and assigns, hereby irrevocably constitutes and appoints Lessor as Lessee’s agent to collect the rents due and to become due under all subleases of the Premises or any parts thereof without in any way affecting Lessee’s obligation to pay any unpaid balance of rent due or to become due hereunder. Notwithstanding any such reletting without termination, Lessor may at any time thereafter elect to terminate this Lease for such previous breach.
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21.4 To terminate this Lease and the term hereby created without any right on the part of Lessee to waive the forfeiture by payment of any sum due or by other performance of any conditions, term or covenant broken.
21.5 UPON THE OCCURRENCE OF ANY DEFAULT BY LESSEE HEREUNDER WHICH IS NOT CURED WITHIN ANY PERIOD OF TIME HEREIN PROVIDED, AND ALSO WHEN THE TERM HEREBY CREATED SHALL HAVE EXPIRED, IT SHALL BE LAWFUL FOR ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR AS ATTORNEY FOR LESSEE AS WELL AS FOR ALL PERSONS CLAIMING BY, THROUGH OR UNDER LESSEE, AND TO SIGN AN AGREEMENT FOR ENTERING IN ANY COMPETENT COURT AN AMICABLE ACTION IN EJECTMENT AGAINST LESSEE AND ALL PERSONS CLAIMING BY, THROUGH OR UNDER LESSEE AND THEREIN CONFESS JUDGMENT FOR THE RECOVERY BY LESSOR OF POSSESSION OF THE PREMISES, FOR WHICH THIS LEASE SHALL BE HIS SUFFICIENT WARRANT; THEREUPON, IF LESSOR SO DESIRES, AN APPROPRIATE WRIT OF POSSESSION MAY ISSUE FORTHWITH, WITHOUT ANY PRIOR WRIT OR PROCEEDING WHATSOEVER, AND PROVIDED THAT IF FOR ANY REASONS AFTER SUCH ACTION SHALL HAVE BEEN COMMENCED IT SHALL BE DETERMINED AND POSSESSION OF THE PREMISES REMAIN IN OR BE RESTORED TO LESSEE, LESSOR SHALL HAVE THE RIGHT FOR THE SAME DEFAULT AND UPON ANY SUBSEQUENT DEFAULT OR DEFAULTS, OR UPON THE TERMINATION OF THIS LEASE OR LESSEE’S RIGHT OF POSSESSION AS HEREIN SET FORTH, TO BRING ONE OR MORE FUTURE AMICABLE ACTION OR ACTIONS AS HEREINBEFORE SET FORTH TO RECOVER POSSESSION OF THE PREMISES AND TO CONFESS JUDGMENT FOR THE RECOVERY OF POSSESSION OF THE PREMISES AS HEREINBEFORE PROVIDED.
21.6 UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT, WHICH IS NOT CURED WITHIN ANY PERIOD OF TIME HEREIN PROVIDED, AND ALSO WHEN THE TERM HEREBY CREATED SHALL HAVE EXPIRED, LESSEE HEREBY IRREVOCABLY EMPOWERS ANY PROTHONOTARY, CLERK OR ATTORNEY OF ANY COURT OF THE COMMONWEALTH OF PENNSYLVANIA TO APPEAR FOR LESSEE, WITH OR WITHOUT DECLARATION FILED, AS OF ANY TERM, AND THEREIN TO CONFESS OR ENTER JUDGMENT AGAINST LESSEE FOR RENT AND/OR THE CHARGES, PAYMENTS, COSTS AND EXPENSES HEREIN RESERVED AS RENT, OR HEREIN AGREED TO BE PAID BY LESSEE, AND THEN DUE AND UNPAID AND FOR INTEREST AND COSTS, TOGETHER WITH A REASONABLE ATTORNEY'S COMMISSION THE GREATER OF $2,500 OR TEN PERCENT (10%) OF SUCH RENT OR OTHER CHARGES OR EXPENSES THEN DUE. SUCH AUTHORITY SHALL NOT BE EXHAUSTED BY ONE EXERCISE THEREOF, BUT JUDGMENT MAY BE CONFESSED AS AFORESAID FROM TIME TO TIME AS OFTEN AS ANY OF SAID RENT AND/OR OTHER CHARGES RESERVED AS RENT OR AGREED TO BE PAID BY LESSEE SHALL FALL DUE OR BE IN ARREARS.
21.7 In any amicable action of ejectment or action involving a confession of judgment for possession by Lessor against Lessee, Lessor shall first cause to be filed in such action an affidavit made by Lessor or someone acting for Lessor, setting forth the facts necessary to authorize the entry of judgment, of which facts such affidavit shall be prima facie evidence, and if a true copy of this Lease (and of the trust of the copy of such affidavit shall be sufficient evidence) shall be filed in such suit, action or actions, it shall not be necessary to file the original as a warrant of attorney, any rule of Court, custom or practice to the contrary notwithstanding. Lessee hereby releases Lessor and all attorneys who may appear for Lessee, from all liability for all errors in said proceedings.
21.8 Any action taken by Lessor under this Section shall not operate as a waiver of any right which Lessor would otherwise have against Lessee for rent hereby reserved or otherwise, and Lessee shall remain responsible to Lessor for any loss and/or damage suffered by Lessor by reason of Lessee’s default or breach.
21.9 Any mention in this Section of the rent or rental herein reserved after the termination of this Lease as in this Section provided, or of termination of Lessee’s possession by reentry, summary dispossession proceedings or any other method as herein provided, shall be deemed to refer to the minimum monthly rental and such additional sums as Lessee shall be obligated to pay to Lessor under any of the terms, covenants and conditions of this Lease.
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21.10 The failure of Lessor to insist in any one or more instances upon the performance of any of the covenants or conditions of this Lease or to exercise any right of privilege herein conferred shall not be construed as thereafter waiving or relinquishing any such covenants, conditions, rights or privileges as the same shall continue and remain in full force and effect, and waiver of any one default or right shall not constitute waiver of any other default; and the receipt of any rent by Lessor from Lessee or any assignee or subLessee of Lessee, whether the same be rent that originally was reserved or that which may become payable under any covenants herein contained, or of any portion thereof, shall not operate as a waiver of the right of Lessor to enforce the payment of any of the other obligations of this Lease by such remedies as may be appropriate, and shall not waive or void the right of Lessor at any time thereafter to elect to terminate this Lease, on account of any such assignment, subletting, transferring of this Lease or any other breach of any covenant herein, or condition of this Lease, unless evidenced by Lessor’s express written waiver.
21.11 Notwithstanding anything to the contrary contained herein, Lessee shall not be in default hereunder unless Lessor shall have given Lessee five (5) days notice of a monetary default and thirty (30) days notice of a non-monetary default and the opportunity during such time periods to cure the default (unless such default is not susceptible of cure within such thirty (30) day period in which event Lessee must commence curing such default within such thirty (30) day period and diligently prosecutes such cure until completion).
21.12 LESSEE AND LESSOR HEREBY CONSENT TO THE JURISDICTION OF THE COURT OF COMMON PLEAS OF DELAWARE COUNTY PENNSYLVANIA OR THE FEDERAL DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA FOR ANY PROCEEDING IN CONNECTION HEREWITH, AND HEREBY WAIVE OBJECTIONS AS TO VENUE AND CONVENIENCE OF FORUM IF VENUE IS IN DELAWARE COUNTY, PENNSYLVANIA OR IN THE FEDERAL DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. IN ANY ACTION OR SUIT UNDER THIS LEASE, SERVICE OF PROCESS MAY BE MADE UPON LESSOR OR ANY LESSEE BY MAILING A COPY OF THE PROCESS BY FIRST CLASS MAIL TO THE RECIPIENT AT THE RESPECTIVE ADDRESS SET FORTH IN THIS LEASE. LESSOR AND LESSEE HEREBY WAIVES ANY AND ALL OBJECTIONS TO SUFFICIENCY OF SERVICE OF PROCESS IF DULY SERVED IN THIS MANNER.
21.13. Notwithstanding anything herein to the contrary, neither Landlord nor Tenant shall be liable to the other for the payment of consequential, punitive or speculative damages.
This subordination provision is subject, however, to the express condition that so long as Lessee is not in default in its obligations hereunder beyond applicable grace periods, (a) Lessee will not be made a party in any action or proceeding by any senior party in interest to recover possession of the Building and/or the Premises or to the foreclosure of any mortgage, (b) Lessee’s possession shall not be disturbed, and (c) this Lease, including all of Lessee’s renewal and expansion options shall not be canceled or terminated and shall continue in full force and effect. The holder of every interest to which this Lease is subordinate shall be deemed to have agreed to the conditions set forth in this Section 23.
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If to the Lessee:
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If to the Lessor:
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Tech Precision Corporation
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CLA Building Associates, L.P.
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2 Campus Boulevard
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c/o Xxxxx Xxxxxxxx
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Xxxxxxx Xxxxxx, XX 00000
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62 L’Xxxxxx Xxxxx
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Xxxx Xxxxx, XX 00000
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If Lessor requests, Lessee shall send to any mortgage or fee owner designated by Lessor a copy of notices to Lessor. Either party may at any time, by notice given as aforesaid, change the address to which notices shall be sent.
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37. Reserved
[Signatures appear on the following page]
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IN WITNESS WHEREOF, the parties hereto have executed this Lease under seal the day and year first above written.
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TECH PRECISION CORPORATION
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By:
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/s/ Xxxxxxx X. Xxxxxxxxxx
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Name:
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Xxxxxxx X. Xxxxxxxxxx
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Title:
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Chief Financial Officer
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By:
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Name:
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Title:
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CLA BUILDING ASSOCIATES, L.P.
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By:
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/s/ Xxxx X. Xxxxxxxx
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Xxxx X. Xxxxxxxx
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General Partner
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EXHIBIT A
FLOOR PLAN
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EXHIBIT B
Daily:
All flooring swept and washed.
All carpeted areas and rugs vacuumed.
Wastepaper baskets, ashtrays, waste receptacles, etc. emptied and cleaned.
Damp-mop tiled area, if any, facing elevators and reception areas.
Prepare all waste for removal using plastic bag inserts in containers.
Lavatories -
All flooring swept.
All mirrors, shelves, brightwork, etc., including flushometers, piping, and toilet
Seat hinges washed and polished using a non-caustic strong odorles disinfectant.
All partitions, tile walls, dispensers and receptacles dusted.
Paper towel and sanitary napkin disposal receptacles emptied and cleaned.
Wash all partitions, tile walls and enamel surfaces with proper disinfectant.
Kitchen -
Tables wiped clean.
Countertops wiped clean.
Floors swept & mopped.
Chairs wiped.
Trash cans emptied and bags replaced.
Weekly:
General -
All laden free furniture, fixtures, telephones, desk lamps and window xxxxx dusted.
Dust and/or wash clean all floor directory glass.
Monthly:
High-Dusting - Office Area -
Dust all pictures, frames, charts, graphs, and panel wall hangings not reached in nightlycleaning.
Dust all vertical surfaces such as walls, partitions, ventilating louvres and other surfaces not reached in nightly cleaning.
Dust exterior of lighting fixtures.
High-dust.
All glass furniture tops cleaned.
All baseboards, chair rails and trim dusted.
Wash and polish all private entrance door glass.
Fill soap dispensers.
Wipe clean all interior metal.
Spot clean carpets.
Remove fingermarks from metal partitions and other surfaces.
Replace light bulbs.
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