[BLUMBERG LAW PRODUCTS]
Distributed by Xxxxxxxx Excelsior Inc.
NYC 10013
A 35 -- Lease, Business Premises,
Loft, Office or Store 11-98
This Lease made the 01st day of October 2000 between
Great American Realty of 00 Xxxxxx Xxxx., LLC
0000 Xxxxxxxxx Xxxx Xxxxxxxx, XX 00000
hereinafter referred to as LANDLORD, and
SURGE COMPONENTS
hereinafter jointly, severally and collectively referred to as TENANT.
Witnesseth, that the Landlord hereby leases to the Tenant, and the
Tenant hereby hires and takes from the Landlord
11625 sq. ft., 2000 base year, taxes, C.A.M. and insurance
in the building known as
00 XXXXXX XXXXXXXXX, XXXX XXXX, XX 00000
to be used and occupied by the Tenant
OFFICE SPACE & WAREHOUSE STORAGE
and for no other purpose, for a term to commence on October 1, 2000 and to end
on September 31, 2010 unless sooner terminated as hereinafter provided, at the
ANNUAL RENT of
SEE ATTACHED RIDER
all payable in equal monthly instalments in advance on the first day of each and
every calendar month during said term, except the first instalment, which shall
be paid upon the execution hereof.
THE TENANT JOINTLY AND SEVERALLY COVENANTS:
FIRST.--That the Tenant will pay the rent as above
provided.
REPAIRS SECOND.--That, throughout said term the Tenant will
take good care of the demised premises, fixtures and
ORDINANCES appurtenances, and all alterations, additions and improvements
AND to either; make all repairs in and about the same necessary to
VIOLATIONS preserve them in good order and condition, which repairs shall
be, in quality and class, equal to the original work; promptly
ENTRY pay the expense of such repairs; suffer no waste or injury;
give prompt notice to the Landlord of any fire that may occur;
INDEMNIFY execute and comply with all laws, rules, orders, ordinances
LANDLORD and regulations at any time issued or in force (except those
requiring structural alterations), applicable to the demised
premises or to the Tenant's occupation thereof, of the
Federal, State and Local Governments, and of each and every
department, bureau and official thereof, and of the New York
Board of Fire Underwriters; permit at all times during usual
business hours, the Landlord and representatives of the
Landlord to enter the demised premises for the purpose of
inspection, and to exhibit them for purposes of sale or
rental; suffer the Landlord to make repairs and improvements
to all parts of the building, and to comply with all orders
and requirements of governmental authority applicable to said
building or to any occupation thereof; suffer the Landlord to
erect, use, maintain, repair and replace pipes and conduits in
the demised premises and to the floors above and below;
forever indemnify and save harmless the Landlord for and
against any and all liability, penalties, damages, expenses
and judgments arising from injury during said term to
person or property of any nature, occasioned wholly or in part
by any act or acts, omission or omissions of the Tenant, or
of the employees, guests, agents, assigns or undertenants of
the Tenant and also for any matter or thing growing out of the
occupation of the demised premises or of the streets,
sidewalks or vaults adjacent thereto; permit, during the six
months next prior to the expiration of the term the usual
notice "To Let" to be placed and to remain unmolested in a
conspicuous place upon the exterior of the demised premises;
repair, at or before the end of the term, all injury done by
the installation or removal of furniture and property; and at
the end of the term, to quit and surrender the demised
premises with all alterations, additions and improvements in
good order and condition.
MOVING THIRD.--That the Tenant will not disfigure or deface
INJURY any part of the building, or suffer the same to be done,
SURRENDER except so far as may be necessary to affix such trade fixtures
as are herein consented to by the Landlord; the Tenant will
not obstruct, or permit the obstruction of tile street or the
sidewalk adjacent thereto; will not do anything, or suffer
NEGATIVE anything to be done upon the demised premises which will
COVENANTS increase the rate of fire insurance upon the building or any
of its contents, or be liable to cause structural injury to
said building; will not permit the accumulation of waste or
refuse matter, and will not, without the written consent of
the Landlord first obtained in each case, either sell, assign,
mortgage or transfer this lease, underlet the demised premises
OBSTRUCTION or any part thereof, permit the same or any part thereof to be
SIGNS occupied by anybody other than the Tenant and the Tenant's
employees, make any alterations in the demised premises, use
the demised premises or any part thereof for any purpose other
than the one first above stipulated, or for any purpose deemed
AIR extra hazardous on account of tire risk, nor in violation of
CONDITIONING any law or ordinance. That the Tenant will not obstruct or
permit the obstruction of the light, halls, stairway or
entrances to the building, and will not erect or inscribe any
sign, signals or advertisements unless and until the style and
location thereof have been approved by the Landlord; and if
any be erected or inscribed without such approval, the
Landlord may remove the same. No water cooler, air
conditioning unit or system or other apparatus shall be
installed or used without the prior written consent of
Landlord.
IT IS MUTUALLY COVENANTED AND AGREED, THAT
FIRE CLAUSE FOURTH.--If the demised premises shall be partially
damaged by fire or other cause without the fault or neglect of
Tenant, Tenant's servants, employees, agents, visitors or
licensees, the damages shall be repaired by and at the expense
of Landlord and the rent until such repairs shall be made
shall be apportioned according to the part of the demised
premises which is usable by Tenant. But ff such partial damage
is due to the fault or neglect of Tenant, Tenant's servants,
employees, agents, visitors or licensees, without prejudice to
any other rights arid remedies of Landlord and without
prejudice to the rights of subrogation of Landlord's insurer,
the damages shall be repaired by Landlord but there shall be
no apportionment or abatement of rent. No penalty shall accrue
for reasonable delay which may arise by reason of adjustment
of insurance on the part of Landlord and/or Tenant, and for
reasonable delay on account of "labor troubles", or any other
cause beyond Landlord's control. If the demised premises are
totally damaged or are rendered wholly untenantable by fire or
other cause, and if Landlord shall decide not to restore or
not to rebuild the same, or if the building shall be so
damaged that Landlord shall decide to demolish it or to
rebuild it, then or in any of such events Landlord may, within
ninety (90) days after such fire or other cause, give Tenant a
notice in writing of such decision, which notice shall be
given as in Paragraph Twelve hereof provided, and thereupon
the term of this lease shall expire by lapse of time upon the
third day after such notice is given, arid Tenant shall vacate
the demised premises arid surrender the same to Landlord. If
Tenant shall not be in default under this lease then, upon the
termination of this lease under the conditions provided for in
the sentence immediately preceding, Tenant's liability for
rent shall cease as of the day following the casualty. Tenant
hereby expressly waives the provisions of Section 227 of the
Real Property Law and agrees that the foregoing provisions of
this Article shall govern and control in lieu thereof. If the
damage or destruction be due to the fault or neglect of Tenant
the debris shall be removed by, and at the expense of, Tenant.
EMINENT FIFTH.--If the whole or any part of the premises
DOMAIN hereby demised shall be taken or condemned by any competent
authority for any public use or purpose then the term hereby
granted shall cease from the time when possession of the part
so taken shall be required for such public purpose and without
apportionment of award, the Tenant hereby assigning to the
Landlord all right and claim to any such award, the current
rent, however, in such case to be apportioned.
LEASE NOT SIXTH.--If, before the commencement of the term, the
IN EFFECT Tenant be adjudicated a bankrupt, or make a "general
assignment," or take the benefit of any insolvent act, or if a
DEFAULTS Receiver or Trustee be appointed for the Tenant's property, or
if this lease or the estate of the Tenant hereunder be
TEN DAY transferred or pass to or devolve upon any other person or
NOTICE corporation, or if the Tenant shall default in the performance
of any agreement by the Tenant contained in any other lease to
the Tenant by the Landlord or by any corporation of which an
officer of the Landlord is a Director, this lease shall
thereby, at the option of the Landlord, be terminated and in
that case, neither the Tenant nor anybody claiming under the
Tenant shall be entitled to go into possession of the demised
premises. If after the commencement of the term, any of the
events mentioned above in this subdivision shall occur, or if
Tenant shall make default in fulfilling any of the covenants
of this lease, other than the covenants for the payment of
rent or "additional rent" or if the demised premises become
vacant or deserted, the Landlord may give to the Tenant ten
days' notice of intention to end the term of this lease, and
thereupon at the expiration of said ten days' (if said
condition which was the basis of said notice shall continue to
exist) the term under this lease shall expire as fully and
completely as if that day were the date herein definitely
dated for the expiration of the term and the Tenant will then
quit and surrender the demised premises to the Landlord, but
the Tenant shall remain liable as hereinafter provided.
THE POSSESSION If the Tenant shall make default in the payment of
BY LANDLORD rent reserved hereunder, or any item of "additional rent"
herein mentioned, or any part of either or in making any other
RE-LETTING payment herein provided for, or if the notice last above
provided for shall have been given and if the condition which
WAIVER was the basis of said notice shall exist at the expiration of
BY TENANT said ten days' period, the Landlord may immediately, or at any
time thereafter, re-enter the demised premises and remove all
persons and all or any property therefrom, either by summary
dispossess proceedings, or by any suitable action or
proceeding at law, or by force or otherwise without being
liable to indictment, prosecution or damages therefore, and
re-possess and enjoy said premises together with all
additions, alterations and improvements. In any such case or
in the event that this lease be "terminated" before the
commencement of the term, as above provided, the Landlord may
either re-let the demised premises or any part or parts
thereof for the Landlord's own account, or may, at the
Landlord's option, re-let the demised premises or any part or
parts thereof as the agent if the Tenant, and receive the
rents therefor, applying the same first to then payment of
such expenses as the Landlord may have incurred, and them to
the fulfillment of the covenants of the Tenant herein, and the
balance, if any, at the expiration of the term first above
provided for, shall be paid to the Tenant. Landlord may rent
the premises for a term extending beyond the term hereby
granted without releasing Tenant from any liability. In the
event that the term of this lease shall expire as above in
this subdivision "Sixth" provided, or terminate by summary
proceedings or otherwise, and if the Landlord shall not
re-let the demised premises for the Landlord's own account,
then, whether or not the premises be re-let, the Tenant shall
remain liable for, and the Tenant hereby agrees to pay to the
Landlord, until the time when this lease would have expired
but for such termination or expiration, the equivalent of the
amount of all of the rent and "additional rent" reserved
herein, less the avails of reletting, if any, and the same
shall be due and payable by the Tenant to the Landlord on the
several rent days above specified, that is, upon each of
such rent days the Tenant shall pay to the Landlord the amount
of deficiency then existing. The Tenant hereby expressly
waives any and all right of redemption in case the Tenant
shall be dispossessed by judgment or warrant of any court or
judge, and the Tenant waives and will waive all right to trial
by jury in any summary proceedings hereafter instituted by the
Landlord against the Tenant in respect to the demised
premises. The words "re-enter" and "re-entry" as used in this
lease are not restricted to their technical legal meaning.
REMEDIES ARE In the event of a breach or threatened breach by the
CUMULATIVE Tenant of any of the covenants or provisions hereof, the
Landlord shall have the right of injunction and the right to
invoke any remedy allowed at law or in equity, as if re-entry,
summary proceedings and other remedies were not herein
provided for.
LANDLORD SEVENTH.-If the Tenant shall make default in the
MAY performance of any covenant herein contained, the Landlord may
PERFORM immediately, or at any time thereafter, without notice,
perform the same for the account of the Tenant. If a notice of
ADDITIONAL mechanic's lien be filed against the demised premises or
RENT against premises of which the demised premises are part, for,
or purporting to be for, labor or material alleged to have
been furnished, or to be furnished to or for the Tenant at the
demised premises, and if the Tenant shall fail to take such
action as shall cause such lien to be discharged within
fifteen days after the filing of such notice, the Landlord may
pay the amount of such lien or discharge the same by deposit
or by bonding proceedings, and in the event of such deposit or
bonding proceedings, the Landlord may require the lienor to
prosecute an appropriate action to enforce the lienor's claim.
In such case, the Landlord may pay any judgment recovered on
such claim. Any amount paid or expense incurred by the
Landlord as in this subdivision of this lease provided, and
any amount as to which the Tenant shall at any time be in
default for or in respect to the use of water, electric
current or sprinkler supervisory service, and any expense
incurred or sum of money paid by the Landlord by reason of the
failure of the Tenant to comply with any provision hereof, or
in defending any such action, shall be deemed to be
"additional rent" for the demised premises, and shall be due
and payable by the Tenant to the Landlord on the first day of
the next following month, or, at the option of the Landlord,
on the first day of any succeeding month. The receipt by the
Landlord of any instalment of the regular stipulated rent
hereunder or any of said "additional rent" shall not be a
waiver of any other "additional rent" then due.
AS TO EIGHTH.-The failure of the Landlord to insist, in any
WAIVERS one or more instances upon a strict performance of any of the
covenants of this lease, or to exercise any option herein
contained, shall not be construed as a waiver or a
relinquishment for the future of such covenant or option, but
the same shall continue and remain in full force and effect.
The receipt by the Landlord of rent, with knowledge of the
breach of any covenant hereof, shall not be deemed a waiver of
such breach and no waiver by the Landlord of any provision
hereof shall be deemed to have been made unless expressed in
writing and signed by the Landlord. Even though the Landlord
shall consent to an assignment hereof no further assignment
shall be made without express consent in writing by the
Landlord.
COLLECTION NINTH.-If this lease be assigned, of if the demised
OF RENT premises or any part thereof be underlet or occupied by
FROM OTHERS anybody other than the Tenant the Landlord may collect rent
from the assignee, under-tenant or occupant, and apply the net
amount collected to the rent herein reserved, and no such
collection shall be deemed a waiver of the covenant herein
against assignment and underletting, or the acceptance of the
assignee, under-tenant or occupant as tenant, or a release of
the Tenant from the further performance by the Tenant of the
covenants herein contained on the part of the Tenant.
MORTGAGES TENTH.-This lease shall be subject and subordinate
at all times, to the lien of the mortgages now on the demised
premises, and to all advances made or hereafter to be made
upon the security thereof, and subject and subordinate to the
lien of any mortgage or mortgages which at any time may be
made a lien upon the premises. The Tenant will execute and
deliver such further instrument or instruments subordinating
this lease to the lien of any such mortgage or mortgages as
shall be desired by any mortgagee or proposed mortgagee. The
Tenant hereby appoints the Landlord the attorney-in-fact of
the Tenant, irrevocable, to execute and deliver any such
instrument or instruments for the Tenant.
IMPROVEMENTS ELEVENTH.-All improvements made by the Tenant to or
upon the demised premises, except said trade fixtures, shall
when made, at once be deemed to be attached to the freehold,
and become the property of the Landlord, and at the end or
other expiration of the terms, shall be surrendered to the
Landlord in as good order and condition as they were when
installed, reasonable wear and damages by the elements
excepted.
NOTICES TWELFTH.-Any notice or demand which under the terms
of this lease or under any statute must or may be given or
made by the parties hereto shall be in writing and shall be
given or made by mailing the same by certified or registered
mail addressed to the respective parties at the addresses set
forth in this lease.
NO LIABILITY THIRTEENTH.-The Landlord shall not be liable for any
failure of water supply or electrical current, sprinkler
damage, or failure of sprinkler service, nor for injury or
damage to person or property caused by the elements or by
other tenants or persons in said building, or resulting from
steam, gas, electricity, water, rain or snow, which may leak
or flow from any part of said buildings, or from the pipes,
appliances or plumbing works of the same, or from the street
or sub-surface, or from any other place, nor for interference
with light or other incorporeal hereditaments by anybody other
than the Landlord, or caused by operations by or for a
governmental authority in construction of any public or
quasi-public work, neither shall the Landlord be liable for
any latent defect in the building.
NO FOURTEENTH.-No diminution or abatement of rent, or
ABATEMENT other compensation shall be claimed or allowed for
inconvenience or discomfort arising from the making of
repairs or improvements to the building or to its appliances,
nor for any space taken to comply with any law, ordinance or
order of a governmental authority. In respect to the various
"services," if any, herein expressly or impliedly agreed to be
furnished by the Landlord to the Tenant, it is agreed that
there shall be no diminution or abatement of the rent, or, any
other compensation, for interruption or curtailment of such
"service" when such interruption or curtailment shall be due
to accident, alterations or repairs desirable or necessary to
be made or to inability or difficulty in securing supplies or
labor for the maintenance of such "service" or to some other
cause, not gross negligence on the part of the Landlord. No
such interruption or curtailment of any such "service" shall
be deemed a constructive eviction. The Landlord shall not be
required to furnish, and the Tenant shall not be entitled to
receive, any of such "services" during any period wherein the
Tenant shall be in default in respect to the payment of rent.
Neither shall there be any abatement or diminution of rent
because of making of repairs, improvements or decorations to
the demised premises after the date above fixed for the
commencement of the term, it being understood that rent shall,
in any event, commence to run at such date so above fixed.
RULES, ETC. FIFTEENTH.-The Landlord may prescribe and regulate
the placing of safes, machinery, quantities of merchandise and
other, things. The Landlord may also prescribe and regulate
which elevator and entrances shall be used by the Tenant's
employees, and for the Tenant's shipping. The Landlord may
make such other and further rules and regulations as, in the
Landlord's judgment, may from time to time be needful for
the safety, care or cleanliness of the building, and for the
preservation of good order therein. The Tenant and the
employees and agents of the Tenant will observe and conform to
all such rules and regulations.
SHORING OF SIXTEENTH.-In the event that air excavation shall be
WALLS made for building or other purposes upon land adjacent to the
demised premises or shall be contemplated to be made, the
Tenant shall afford to the person or persons causing or to
cause such excavation, license to enter upon the demised
premises for the purpose of doing such work as said person or
persons shall deem to be necessary to preserve the wall or
walls, structure or structures upon the demised premises from
injury and to support the same by proper foundations.
VAULT SPACE SEVENTEENTH.-No vaults or space not within the
property line of the building are leased hereunder. Landlord
makes no representation as to the location of the property
line of the building. Such vaults or space as Tenant may be
permitted to use or occupy are to be used or occupied under a
revocable license and if such license be revoked by the
Landlord as to the use of part or all of the vaults or space
Landlord shall not be subject to any liability. Tenant shall
not be entitled to any compensation or reduction in rent nor
shall this be deemed constructive or actual eviction. Any tax,
fee or charge of municipal or other authorities for such
vaults or space shall be paid by the Tenant for the period of
the Tenant's use or occupancy thereof.
ENTRY EIGHTEENTH.-That during seven months prior to the
expiration of the term hereby granted, applicants shall be
admitted at all reasonable hours of the day to view the
premises until rented; and the Landlord and the Landlord's
agents shall be permitted at any time during the terms to
visit and examine them at any reasonable hour of the day, and
workmen may enter at any time, when authorized by the Landlord
or the Landlord's agents, to make or facilitate repairs in any
part of the building; and if the said Tenant shall not be
personally present to open and permit an entry into said
premises at any time, when for any reason an entry therein
shall be necessary or permissible hereunder, the Landlord or
the Landlord's agents may forcibly enter the same without
rendering the Landlord or such agents liable to any claim or
cause of action for damages by reason thereof (if during such
entry the Landlord shall accord reasonable care to the
Tenant's property) and without in any manner affecting the
obligations and covenants of this lease; it is, however,
expressly understood that the right and authority hereby
reserved, does not impose, nor does the Landlord assume, by
reason thereof, any responsibility or liability whatsoever for
the care or supervision of said premises, or any of the pipes,
fixtures, appliances or appurtenances therein contained or
therewith in any manner connected.
NO REPRE- NINETEENTH.-The Landlord has made no representations
SENTATIONS or promises in respect to said building or to the demised
premises except those contained herein, and those, if any,
contained in some written communication to the Tenant, signed
by the Landlord. This instrument may not be changed, modified,
discharged or terminated orally.
ATTORNEY'S TWENTIETH.-If the Tenant shall at any time be in
FEES default hereunder, and if the Landlord shall institute an
action or summary proceeding against the Tenant based upon
such default, then the Tenant will reimburse the Landlord for
the expense of attorneys' fees and disbursements thereby
incurred by the Landlord, so far as the same are reasonable in
amount. Also so long as the Tenant shall be a tenant hereunder
the amount of such expenses shall be deemed to be "additional
rent" hereunder and shall be due from the Tenant to the
Landlord on the first day of the month following the incurring
of such respective expenses.
POSSESSION TWENTY-FIRST.-Landlord shall not be liable for
failure to give possession of the premises upon commencement
date by reason of the fact that premises are not ready for
occupancy, or due to a prior Tenant wrongfully holding over
for any other person wrongfully in possession or for any other
reason: in such event the term shall not commence until
possession is given or is available but the term herein shall
not be extended.
THE TENANT FURTHER COVENANTS:
IF A FIRST TWENTY-SECOND.--If the demised premises or any part
FLOOR thereof consist of a store or of a first floor, or of any
part thereof, the Tenant will keep the sidewalk and curb in
front thereof clean at all times and free from snow and ice,
and will keep insured in favor of the Landlord, all plate
glass therein and furnish the Landlord with policies of
insurance covering the same.
INCREASED TWENTY-THIRD.-If by reason of the conduct upon the
FIRE demised premises of a business not herein permitted, or if by
INSURANCE reason of the improper or careless conduct of any business
RATE upon or use of the demised premises, the fire insurance rate
shall at any time be higher than it otherwise would be, then
the Tenant will reimburse the Landlord, as additional rent
hereunder, for that part of all fire insurance premiums
hereafter paid out by the Landlord which shall have been
charged because of the conduct of such business not so
permitted, or because of the improper or careless conduct of
any business upon or use of the demised premises, and will
make such reimbursement upon the first day of the month
following such outlay by the Landlord; but this covenant shall
not apply to a premium for any period beyond the expiration
date of this lease, first above specified. In any action or
proceeding wherein the Landlord and Tenant are parties, a
schedule or "make up" of rate for the building on the demised
premises, purporting to have been issued by New York Fire
Insurance Exchange, or other body making fire insurance rates
for the insured premises, shall be prima facie evidence of the
facts therein stated and of the several items and charges
included in the fire insurance rate then applicable to the
demised premises.
WATER RENT TWENTY-FOURTH.-If a separate water meter be installed
for the demised premises, or any part thereof, the Tenant will
SEWER keep the same in repair and pay the charges made by the
municipality or water supply company for or in respect to the
consumption of water, as and when bills therefor are rendered.
If the demised premises, or any part thereof, be supplied with
water through a meter which supplies other premises, the
Tenant will pay to the Landlord, as and when bills are
rendered therefor, the Tenant's proportionate part of all
charges which the municipality or water supply company shall
make for all water consumed through said meter, as indicated
by said meter. Such proportionate part shall be fixed by
apportioning the respective charge according to floor area
against all of the rentable floor area in the building
(exclusive of the basement) which shall have been occupied
during the period of the respective charges, taking into
account the period that each part of such area was occupied.
Tenant agrees to pay as additional rent the Tenant's
proportionate part, determined as aforesaid, of the sewer rent
or charge imposed or assessed upon the building of which the
premises are a part.
ELECTRIC TWENTY-FIFTH.-That the Tenant will purchase from the
CURRENT Landlord, if the Landlord shall so desire, all electric
current that the Tenant requires at the demised premises, and
will pay the Landlord for the same, as the amount of
consumption shall be indicated by the meter furnished
therefor. The price for said current shall be the same as that
charged for consumption similar to that of the Tenant by the
company supplying electricity in the same community. Payments
shall be due as and when bills shall be rendered. The Tenant
shall comply with like rules, regulations and contract
provisions as those prescribed by said company for a
consumption similar to that of the Tenant.
SPRINKLER TWENTY-SIXTH.-If there now is or shall be installed
SYSTEM in said building a "sprinkler system" the Tenant agrees to
keep the appliances thereto in the demised premises in repair
and good working condition, and if the New York Board of Fire
Underwriters or the New York Fire Insurance Exchange or any
bureau, department or official of the State or local
government requires or recommends that any changes,
modifications, alterations or additional sprinkler heads or
other equipment be made or supplied by reason of the Tenant's
business, or the location of partitions, trade fixtures, or
other contents of the demised premises, or if such changes,
modifications, alterations, additional sprinkler heads or
other equipment in the demised premises are necessary to
prevent the imposition of a penalty or charge against the full
allowance for a sprinkler system in the fire insurance rate as
fixed by said Exchange, or by any Fire Insurance Company the
Tenant will at the Tenant's own expense, promptly make and
supply such changes, modifications, alterations, additional
sprinkler heads or other equipment. As additional rent
hereunder the Tenant will pay to the Landlord annually in
advance throughout the term $__________, toward the contract
price for sprinkler supervisory service.
SECURITY TWENTY-SEVENTH.-The sum of $__________ Dollars is
deposited by the Tenant herein with the Landlord herein as
security for the faithful performance of all the covenants and
conditions of the lease by the said Tenant. If the Tenant
faithfully performs all the covenants and conditions on his
part to be performed, then the sum deposited shall be returned
to said Tenant.
NUISANCE TWENTY-EIGHTH.-This lease is granted and accepted on
the especially understood and agreed condition that the Tenant
will conduct its business in such a manner, both as regards
noise and kindred nuisances, as will in no wise interfere
with, annoy or disturb any other tenants in the conduct of
their several businesses, or the landlord in the management of
the building; under penalty of forfeiture of this lease and
consequential damages.
BROKERS TWENTY-NINTH.-The Landlord hereby recognizes
COMMISSIONS ___________ as the broker who negotiated and consummated this
lease with the Tenant herein, and agrees that if, as, and when
the Tenant exercises the option, if any contained herein to
renew this lease, or fails to exercise the option, if any,
contained therein to cancel this lease, the Landlord will pay
to said broker a further commission in accordance with the
rules and commission rates of the Real Estate Board in the
community. A sale, transfer, or other disposition of the
Landlord's interest in said lease shall not operate to defeat
the Landlord's obligation to pay the said commission to the
said broker. The Tenant herein hereby represents to the
Landlord that the said broker is the sole and only broker who
negotiated and consummated this lease with the Tenant.
WINDOW THIRTIETH.-The Tenant agrees that it will not
CLEANING require, permit, suffer, nor allow the cleaning of any window,
or windows, in the demised premises from the outside (within
the meaning of Section 202 of the Labor Law) unless the
equipment and safety devices required by law, ordinance,
regulation or rule, including, without limitation, Section 202
of the New York Labor Law, are provided and used, and unless
the rules, or any supplemental rules of the Industrial Board
of the State of New York are fully complied with; and the
Tenant hereby agrees to indemnify the Landlord, Owner, Agent,
Manager and/or Superintendent, as a result of the Tenant's
requiring, permitting, suffering or allowing any window, or
windows in the demised premises to be cleaned from the outside
in violation of the requirements of the aforesaid laws,
ordinances, regulations and/or rules.
VALIDITY THIRTY-FIRST.-The invalidity or unenforceability of
any provision of this lease shall in no way affect the
validity or enforceability of any other provision hereof.
EXECUTION THIRTY-SECOND.-In order to avoid delay, this lease
& DELIVERY has been prepared and submitted to the Tenant for signature
OF LEASE with the understanding that it shall not bind the Landlord
unless and until it is executed and delivered by the Landlord.
EXTERIOR OF THIRTY-THIRD.-The Tenant will keep clean and polished
PREMISES all metal, trim, marble and stonework which are a part of the
exterior of the premises, using such materials and methods as
the Landlord may direct, and if the Tenant shall fail to
comply with the provisions of this paragraph, the Landlord may
cause such work to be done at the expense of the Tenant.
PLATE GLASS THIRTY-FOURTH.-The Landlord shall replace at the
expense of the Tenant any and all broken glass in the
skylights, doors and walls in and about the demised premises.
The Landlord may insure and keep insured all plate glass in
the skylights, doors and walls in the demised premises, for
and in the name of the Landlord and bills for the premiums
therefor shall be rendered by the Landlord to the Tenant at
such times as the Landlord may elect, and shall be due from
and payable by the Tenant when rendered, and the amount
thereof shall be deemed to be, and shall be paid as,
additional rent.
WAR THIRTY-FIFTH.-This lease and the obligation of Tenant
EMERGENCY to pay rent hereunder and perform all of the other covenants
and agreements hereunder on part of Tenant to be performed
shall in nowise be affected, impaired or excused because
Landlord is unable to supply or is delayed in supplying any
service expressly or impliedly to be supplied or is unable to
make, or is delayed in making any repairs, additions,
alterations or decorations or is unable to supply or is
delayed in supplying any equipment or fixtures if Landlord is
prevented or delayed from so doing by reason of governmental
preemption in connection with a National Emergency declared by
the President of the United States or in connection with any
rule, order or regulation of any department or subdivision
thereof of any government agency or by reason of the
conditions of supply and demand which have been or are
affected by war or other emergency.
THE LANDLORD COVENANTS
QUIET FIRST.-That if and so long as the Tenant pays the
POSSESSION rent and "additional rent" reserved hereby, and performs and
observes the covenants and provisions hereof, the Tenant shall
quietly enjoy the demised premises, subject, however, to the
terms of this lease, and to the mortgages above mentioned,
provided however, that this covenant shall be conditioned upon
the retention of title to the premises by Landlord.
ELEVATOR SECOND.-Subject to the provisions of Paragraph
"Fourteenth" above the Landlord will furnish the following
HEAT respective services: (a) Elevator service, if the building
shall contain an elevator or elevators, on all days except
Sundays and holidays, from __________ A.M. to __________ P.M.
and on Saturdays from __________ A.M. to __________ P.M.; (b)
Heat, during the same hours on the same days in the cold
season in each year.
And it is mutually understood and agreed that the
covenants and agreements contained in the within lease shall
be binding upon the parties hereto and upon their respective
successors, heirs, executors and administrators.
IN WITNESS WHEREOF, the Landlord and Tenant have
respectively signed and sealed these presents the day and year
first above written.
/s/ Xxxx Xxxxxx [L.S.]
-------------------------------
Landlord
IN PRESENSE OF:
/s/ Xxx Xxxx [L.S.]
-------------------------------
Tenant
ACKNOWLEDGMENT IN XXX XXXX XXXXX (XXX 000-x)
Xxxxx xx Xxx Xxxx, Xxxxxx of ss.:
On before me, the undersigned,
personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to
be the individual(s) whose name(s) is (are) subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
----------------------------------------------------------
(signature and office of individual taking acknowledgment)
ACKNOWLEDGMENT OUTSIDE NEW YORK STATE (RPL 309-b)
State of County of ss.:
On before me, the undersigned,
personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to
be the individual(s) whose name(s) is (are) subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument, and that such individual made such appearance before
the undersigned in
(insert city or political subdivision and state or county or other place
acknowledgment taken)
----------------------------------------------------------
(signature and office of individual taking acknowledgment)
ACKNOWLEDGMENT BY SUBSCRIBING WITNESS(ES)
State of } ss:
County of }
On before me, the undersigned,
personally appeared
the subscribing witness(es) to the foregoing instrument, with whom I am
personally acquainted, who, being by me duly sworn, did depose and say that
he/she/they reside(s) in (if the place of residence is in a city include the
street and street number, if any, thereof);
that he/she/they know(s)
to be the individual(s) described in and who executed the foregoing instrument;
that said subscribing witness(es) was (were) present and saw said
execute the same; and that said witness(es) at the same time subscribed
his/her/their name(s) as a witness(es) thereto.
([ ] if taken outside New York State insert city or political subdivision and
state or country or other place acknowledgment taken And that said subscribing
witness(es) made such appearance before the undersigned in
----------------------------------- ------------------------------------------
)
----------------------------------- -----------------------------------------
-----------------------------------------------------------
(signature and office of individual taking acknowledgement)
================================================================================
BUILDING: Great American Realty of
00 Xxxxxx Xxxxxxxxx, LLC
00 Xxxxxx Xxxx., Xxxx Xxxx, XX 00000
PREMISES:
-------------------------------------
================================================================================
GREAT AMERICAN REALTY
OF 95 JEFRYN BLVD., LLC
0000 XXXXXXXXX XXXX
XXXXXXXX, XX 00000
Landlord
to
SURGE COMPONENTS
00 XXXXXX XXXX.
XXXX XXXX, XX 00000
Tenant
================================================================================
LEASE
================================================================================
================================================================================
GUARANTY
In consideration of the letting of the premises within mentioned to the
Tenant within named, and of the sum of One Dollar, to the undersigned in hand
paid by the Landlord within named, the undersigned hereby guarantees to the
Landlord and to the heirs, successors and/or assigns of the Landlord, the
payment by the Tenant of the rent, within provided for, and the performance by
the Tenant of all of the provisions of the within lease. Notice of all defaults
is waived, and consent is hereby given to all extensions of time that any
Landlord may grant.
Dated,
State of New York, County of ss.: ACKNOWLEDGMENT RPL309-a (Do not use
outside New York State)
On before me, the undersigned, personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to
be the individual(s) whose name(s) is (are) subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
----------------------------------------------------------
(signature and office of individual taking acknowledgment)
RIDER TO LEASE DATED THE 1ST DAY OF OCTOBER, 2000, BETWEEN GREAT AMERICAN REALTY
OF 95 JEFRYN BLVD., LLC, LANDLORD AND SURGE COMPONENTS, AS TENANT.
36TH. THAT THE TENANT SHALL PAY THE ANNUAL RENT OF:
1) $87,187.56 FOR THE FIRST YEAR OF THIS LEASE COMMENCING OCTOBER 1,
2000 THROUGH SEPTEMBER 31, 2001 SAID RENT TO BE PAID IN EQUAL MONTHLY PAYMENTS
IN ADVANCE ON THE FIRST DAY OF EACH AND EVERY MONTH IN THE SUM OF $7,265.63
2) $89,803.20 FOR THE SECOND YEAR OF THIS LEASE COMMENCING OCTOBER 1,
2001 THROUGH SEPTEMBER 31, 2002 SAID RENT TO BE PAID IN EQUAL MONTHLY PAYMENTS
IN ADVANCE ON THE FIRST DAY OF EACH AND EVERY MONTH IN THE SUM OF $7,483.60
3) $92,497.32 FOR THE THIRD YEAR OF THIS LEASE COMMENCING OCTOBER 1,
2002 THROUGH SEPTEMBER 31, 2003 SAID RENT TO BE PAID IN EQUAL MONTHLY PAYMENTS
IN ADVANCE ON THE FIRST DAY OF EACH AND EVERY MONTH IN THE SUM OF $7,708.11
4) $95,272.20 FOR THE FOURTH YEAR OF THIS LEASE COMMENCING OCTOBER 1,
2003 THROUGH SEPTEMBER 31, 2004 SAID RENT TO BE PAID IN EQUAL MONTHLY PAYMENTS
IN ADVANCE ON THE FIRST DAY OF EACH AND EVERY MONTH IN THE SUM OF $7,939.35
5) $98,130.36 FOR THE FIFTH YEAR OF THIS LEASE COMMENCING OCTOBER 1,
2004 THROUGH SEPTEMBER 31, 2005 SAID RENT TO BE PAID IN EQUAL MONTHLY PAYMENTS
IN ADVANCE ON THE FIRST DAY OF EACH AND EVERY MONTH IN THE SUM OF $8,177.53
6) $101,074.32 FOR THE SIXTH YEAR OF THIS LEASE COMMENCING OCTOBER 1,
2005 THROUGH SEPTEMBER 31, 2006 SAID RENT TO BE PAID IN EQUAL MONTHLY PAYMENTS
IN ADVANCE ON THE FIRST DAY OF EACH AND EVERY MONTH IN THE SUM OF $8,422.86
7) $104,106.60 FOR THE SEVENTH YEAR OF THIS LEASE COMMENCING OCTOBER 1,
2006 THROUGH SEPTEMBER 31, 2007 SAID RENT TO BE PAID IN EQUAL MONTHLY PAYMENTS
IN ADVANCE ON THE FIRST DAY OF EACH AND EVERY MONTH IN THE SUM OF $8,675.55
8) $107,229.84 FOR THE EIGHTH YEAR OF THIS LEASE COMMENCING OCTOBER 1,
2007 THROUGH SEPTEMBER 31, 2008 SAID RENT TO BE PAID IN EQUAL MONTHLY PAYMENTS
IN ADVANCE ON THE FIRST DAY OF EACH AND EVERY MONTH IN THE SUM OF $8,935.82
9) $110,446.68 FOR THE NINTH YEAR OF THIS LEASE COMMENCING OCTOBER 1,
2008 THROUGH SEPTEMBER 31, 2009 SAID RENT TO BE PAID IN EQUAL MONTHLY PAYMENTS
IN ADVANCE ON THE FIRST DAY OF EACH AND EVERY MONTH IN THE SUM OF $9,203.89
10) $113,760.12 FOR THE TENTH YEAR OF THIS LEASE COMMENCING OCTOBER 1,
2009 THROUGH SEPTEMBER 31, 2010 SAID RENT TO BE PAID IN EQUAL MONTHLY PAYMENTS
IN ADVANCE ON THE FIRST DAY OF EACH AND EVERY MONTH IN THE SUM OF $9,480.01
10 YEAR LEASE, 3% INCREASES.
37TH. THE TENANT AGREES AT ITS OWN COST AND EXPENSE TO PAY FOR AND
PROVIDE ALL HEAT, AIR CONDITIONING, ELECTRICITY, GAS WATER, FUEL, ALL UTILITIES,
TRASH REMOVAL AND SERVICES USED AND CONSUMED BY IT AND TO KEEP THE DEMISED
PREMISES IN A NEAT AND ORDERLY FASHION BEING THE UNDERSTANDING AND INTENTION OR
THE PARTIES HERETO THAT THE TENANT HIRES THE PREMISES AND THE LANDLORD RENTS THE
PREMISES TO THE TENANT WITHOUT ANY SERVICE OF ANY KIND WHATSOEVER. IN THE EVENT
THAT THE PREMISES HAS A SEPARATE SEPTIC TANK OR CESSPOOL THE TENANT SHALL
MAINTAIN, REPAIR OF REPLACE THE SAME AT TENANT'S OWN COST AND EXPENSE.
38TH. THE TENANT AT ITS OWN COST AND EXPENSE AGREES TO PROVIDE AND TO
KEEP IN FULL FORCE AND EFFECT DURING THE TERMS OF THIS LEASE FOR THE BENEFIT OF
THE LANDLORD, GENERAL LIABILITY INSURANCE IN STANDARD FROM PROTECTING THE
LANDLORD AGAINST AND LIABILITY WHATSOEVER OCCASIONED BY ACCIDENT IN OR ABOUT THE
DEMISED PREMISES. THE LANDLORD SHALL BE NAMED AS AN ADDITIONAL INSURED
THEREUNDER AND SHALL BE PROTECTED AGAINST ALL LIABILITY OCCASIONED BY ANY
OCCURRENCE INSURED AGAINST. SUCH POLICY OR POLICIES SHALL COVER THE LEASED
PREMISES AND SHALL PROVIDE FOR ALL LEASE THIRTY (30) DAY'S NOTICE TO THE
LANDLORD BEFORE CANCELLATION OR NON-RENEWAL. A CERTIFICATION THEREOF SHALL BE
DELIVERED TO THE LANDLORD. SAID INSURANCE POLICY(S) SHALL PROVIDE FOR THE
FOLLOWING MINIMUM COVERAGES: $1,000,000.00 COMBINED SINGLE LIMITS (CSL) COVERAGE
FOR ANY ONE OCCURRENCE. IN THE EVENT THE TENANT FAILS TO EFFECT SUCH INSURANCE,
OR FAILS TO MAINTAIN THE SAME, THE LANDLORD MAY ELECT TO OBTAIN THE SAME AND ADD
THE COST THEREOF TO THE INSTALLMENT OF RENT FOR THE MONTH NEXT ENSURING AND THE
AMOUNT THEREOF SHALL BE DEEMED ADDITIONAL RENT.
39TH. THE TENANT SHALL MAINTAIN INSURANCE COVERING DAMAGE TO ITS OWN
PERSONAL PROPERTY SITUATED UPON THE PREMISES, AS WELL AS DAMAGE TO THE PERSONAL
PROPERTY UPON THE PREMISES BELONGING TO THIRD PERSONS, AND WILL UNDER ANY
CIRCUMSTANCES, HOLD THE LANDLORD HARMLESS AND FREE FROM ANY CLAIM FOR DAMAGE TO
SUPPLIES, EQUIPMENT, OR OTHER GOODS UPON THE PREMISES.
40TH. TENANT SHALL, AT ITS OWN COST AND EXPENSE, PROMPTLY REPLACE ANY
BROKEN GLASS IN THE PREMISES.
41ST. ALL OF THE INSURANCE POLICIES PROVIDED FOR IN THIS LEASE SHALL BE
DELIVERED TO THE LANDLORD WITHIN FIFTEEN (15) DAYS AFTER THE COMMENCEMENT OF THE
TERMS OF THIS AGREEMENT. UPON THE FAILURE OF THE TENANT TO DO SO DEPOSIT ANY OF
SAID POLICIES, THE LANDLORD SHALL HAVE THE PRIVILEGE TO PROCURE SAID INSURANCE
ON ITS OWN APPLICATION THEREFORE, AND THE AMOUNT OF THE PREMIUM, IF PAID BY THE
LANDLORD, SHALL BE DUE AND PAYABLE WITH THE RENT INSTALLMENT NEXT DUE AND SHALL
BE CONSIDERED AS ADDITIONAL RENT RESERVED HEREUNDER, COLLECTIBLE WITH THE SAME
REMEDIES AS IF ORIGINALLY RESERVED AS RENT HEREUNDER.
42ND . THE TENANT SHALL TAKE GOOD CARE OF THE DEMISED PREMISES AND
SHALL AT TENANT'S OWN COST AND EXPENSE MAKE ALL REPAIRS AND BE SOLELY
RESPONSIBLE AT ITS OWN COST AND EXPENSE FOR THE PROPER MAINTENANCE, REPAIR AND
REPLACEMENT OF THE FIXTURES, APPLIANCES, SERVICES AND UTILITIES IN THE DEMISED
PREMISES INCLUDING BUT NOT LIMITED TO THE PLUMBING, HEATING, ELECTRICAL,
SPRINKLER, AIR CONDITIONING AND THE GAS, WATER AND ELECTRIC METERS AND
INSTALLATIONS PERTAINING THERETO, AND VENT AND CHIMNEY EQUIPMENT AND
INSTALLATIONS AND ALL STRUCTURAL PARTS OF THE DEMISED PREMISES TO WHICH SUCH
EQUIPMENT AND INSTALLATIONS ARE ATTACHED THROUGH, IT RESPONSIBLE FOR EXTERIOR
STRUCTURAL REPAIRS OF THE BUILDING AND ROOF ONLY.
43RD. THE TENANT SHALL MAINTAIN THE DEMISED PREMISES IN A CLEAN AND
ORDERLY FASHION. IN THE EVENT OF THE TENANT'S FAILURE TO KEEP THE PREMISES IN A
CLEAN AND ORDERLY FASHION, BOTH INTERIOR AND EXTERIOR, THE LANDLORD SHALL HAVE
THE RIGHT, UPON TWENTY (20) DAYS WRITTEN NOTICE AND DEMAND TO THE TENANT, TO
MAKE ANY NECESSARY REPAIRS OR CAUSE THE PREMISES TO BE CLEANED AT THE EXPENSE OF
THE TENANT, AND THE AMOUNT SO EXPENDED BY THE LANDLORD SHALL CONSTITUTE
ADDITIONAL RENT TO BE PAID BY TENANT TO THE LANDLORD, TOGETHER WITH THE NEXT
ENSUING RENT PAYMENT.
44TH. THE TENANT SHALL HAVE THE RIGHT TO MAKE INTERIOR, NONSTRUCTURAL
CHANGES, BUT THE SAME SHALL BE MADE ONLY WITH THE CONSENT OF THE LANDLORD, WHICH
CONSENT SHALL NOT BE UNREASONABLY WITHHELD. ONLY FIXTURES, EQUIPMENT AND
APPLIANCES WHICH ARE SERVICEABLE AND IN GOOD CONDITION SHALL BE INSTALLED BY OR
ON BEHALF OF TENANT AND SAME SHALL BE INSTALLED IN A GOOD WORKMANLIKE MANNER.
ANY PAINTING OR DECORATING NECESSARY OR REQUIRED AT ANY TIME TO BE DONE IN THE
DEMISED PREMISES SHALL BE DONE BY THE TENANT AT ITS OWN COST AND EXPENSE.
WHENEVER REQUIRED TENANT SHALL PROVIDE LANDLORD WITH A CERTIFICATE OF ELECTRICAL
INSPECTION AND APPROVAL FROM THE NEW YORK BOARD OF FIRE UNDERWRITERS, OR SUCH
OTHER FIRE UNDERWRITERS AS MAY BE OPERATIVE IN THE COUNTY OF NASSAU. IF TENANT
MAKES ANY INTERIOR ALTERATIONS OR INSTALLATIONS, THE SAME SHALL BE DONE AT
TENANT'S SOLE COST AND EXPENSE IN ACCORDANCE WITH THE LAWS AND ORDINANCES
APPLYING TO THE SAME. ANY ALTERATIONS, INSTALLATIONS ADDITIONS AND IMPROVEMENTS
MADE AND INSTALLED BY TENANT IN THE DEMISED PREMISES, SHALL IMMEDIATELY BECOME
AND BE THE PROPERTY OF THE LANDLORD WITHOUT PAYMENT THEREFORE AND SHALL REMAIN
UPON AND BE SURRENDERED WITH THE DEMISED PREMISES IN GOOD WORKING ORDER
REASONABLE WEAR AND TEAR EXCEPTED. TENANT SHALL, AT ITS OWN COST AND EXPENSE,
OBTAIN THE NECESSARY PERMITS, CERTIFICATES OF OCCUPANCY AND/OR CERTIFICATES OF
COMPLETION FOR ANY AND ALL IMPROVEMENTS MADE TO THE SUBJECT PREMISES BY THE
TENANT, IN THE EVENT SUCH ARE REQUIRED BY THE APPROPRIATE MUNICIPAL AUTHORITIES.
THE LANDLORD SHALL NOT UNREASONABLY WITHHOLD CONSENT TO THE EXECUTION OF ANY
DOCUMENT NECESSARY THEREFORE. PRIOR TO THE COMMENCEMENT OF ANY SUCH IMPROVEMENT
THE TENANT SHALL FURNISH TO THE LANDLORD THE CONTRACTOR'S CERTIFICATES OF
WORKER'S COMPENSATION INSURANCE AND GENERAL LIABILITY INSURANCE IN AN AMOUNT OF
AT LEAST $1,000,000.00 NAMING THE LANDLORD AS AN ADDITIONAL INSURED. IN THE
EVENT THE TENANT FAILS TO COMPLY HEREWITH, THE LANDLORD SHALL DO SO AT THE
EXPENSE OF THE TENANT,. WHICH EXPENSE SHALL INCLUDE ANY AND ALL INSURANCE
PREMIUMS, COSTS TO LEGALIZE THE SAID ADDITIONAL(S) AND THE LANDLORD'S ATTORNEY'S
FEES, ALL OF THE FOREGOING BEING DEEMED AS ADDITIONAL RENT HEREUNDER. IF ANY
MECHANIC'S LIEN OR LIENS ARE FILED AGAINST THE SUBJECT PREMISES FOR WORK DONE BY
OR AT THE REQUEST OF THE TENANT OR FOR MATERIALS FURNISHED IN CONNECTION
THEREWITH, THE TENANT SHALL, WITHIN THIRTY (30) DAYS AFTER THE FILING OF THE
SAID LIEN, AND AT THE TENANT'S SOLE COST AND EXPENSE, CAUSE THE SAME TO BE
REMOVED AND DISCHARGED BY PAYMENT, COURT ORDER OR BOND AS IS PROVIDED FOR BY
LAW. IN THE EVENT THE TENANT FAILS TO SO CAUSE THE LIEN(S) TO BE DISCHARGED, THE
LANDLORD MAY ELECT TO CANCEL THIS LEASE AND/OR CAUSE THE SAID LIENS TO BE PAID
AND THE COSTS THEREOF, INCLUDING ALL REASONABLE ATTORNEYS FEES CONNECTED
THEREWITH, SHALL BE DEEMED AS ADDITIONAL RENT FOR WHICH THE TENANT SHALL
IMMEDIATELY BE RESPONSIBLE. TENANT WILL IN ALL RESPECTS INDEMNIFY AND HOLD THE
LANDLORD HARMLESS FROM ANY CLAIM BY ANY SUBCONTRACTOR, MATERIALMAN OR LABORERS
ENGAGED OR HIRED BY IT, AND FURTHER SPECIFICALLY AGREES THAT NO ALTERATIONS,
INTERIOR OR EXTERIOR SHALL BE UNDERTAKEN BY THE LANDLORD WHICH SHALL NOT BE
UNREASONABLY WITHHELD.
45TH. ALL ALTERATIONS TO THE PROPERTY MADE OR INSTALLED IN SUCH A
MANNER THAT THEIR REMOVAL WOULD CAUSE INJURY TO THE PROPERTY SHALL BE THE
PROPERTY OF THE LANDLORD, AT THE OPTION OF THE LANDLORD, AND MAY NOT BE REMOVED
WITHOUT THE CONSENT OF THE LANDLORD, TRADE FIXTURES EXCEPTED. TRADE FIXTURES
SHALL BE DEEMED THE PROPERTY OF THE TENANT AND MAY BE REMOVED BY THE TENANT
PROVIDED THAT ALL INJURY TO THE PROPERTY RESULTING THERE FROM SHALL BE REPAIRED
AT THE EXPENSE OF THE TENANT. SHOULD THE TENANT VACATE THE SUBJECT PREMISES FOR
ANY REASON WHATSOEVER, ALL PROPERTY LEFT IN THE SUBJECT PREMISES SHALL, AT THE
OPTION OF THE LANDLORD, BE DEEMED ABANDONED BY THE SAID TENANT AND SHALL BECOME
THE PROPERTY OF THE LANDLORD.
46TH. IF THE TENANT SHALL AT ANY TIME BE IN DEFAULT HEREUNDER AND IF
THE LANDLORD SHALL INSTITUTE ANY ACTION OR SUMMARY PROCEEDING OR SHALL OTHERWISE
INCUR EXPENSE FOR LEGAL FEES AS A CONSEQUENCE OF TENANT'S DEFAULT OR DELAY IN
MAKING PAYMENT OR IN COMPLYING WITH ANY TERM OR CONDITION OF THIS LEASE, THEN
THE TENANT WILL BE LIABLE TO AND WILL REIMBURSE THE LANDLORD FOR SUCH REASONABLE
EXPENSE OF ATTORNEY'S FEES AND DISBURSEMENTS THUS INCURRED BY LANDLORD. THE
AMOUNT OF SUCH EXPENSES SHALL BE DEEMED TO BE "ADDITIONAL RENT" HEREUNDER AND
SHALL BE DUE FROM THE TENANT TO THE LANDLORD ON THE FIRST DAY OF THE MONTH
FOLLOWING THE INCURRING OF SUCH RESPECTIVE EXPENSES OR FOLLOWING DEMAND
THEREFORE BY THE LANDLORD. IF THE TENANT SHALL ALLEGE OR CLAIM ANY DAMAGES
RESULTING FROM ANY BREACH OR ALLEGED BREACH BY THE LANDLORD UNDER THE TERMS OF
THIS LEASE OR ANY CLAIM OR ANY KIND WHATSOEVER ARISING IN FAVOR IF THE TENANT
AGAINST THE LANDLORD, THE TENANT AGREES THAT SUCH CLAIM SHALL NOT BE ASSERTED
AND MAY NOT BE ASSERTED AGAINST THE LANDLORD EITHER AS A COUNTERCLAIM, SET OFF
OR DEFENSE IN ANY ACTION OR PROCEEDING BROUGHT BY THE LANDLORD AGAINST THE
TENANT FOR THE NON-PAYMENT OF RENT OR RECOVERY OF POSSESSION OF THE DEMISED
PREMISES. SUCH CLAIM BY THE TENANT AGAINST THE LANDLORD SHALL ONLY BE ENFORCED,
PROSECUTED OR MAINTAINED BY A SEPARATED ACTION OR PROCEEDING INSTITUTED BY THE
TENANT AGAINST THE LANDLORD, AND NOT TO BE CONSOLIDATED WITH ANY ACTION OR
PROCEEDING BROUGHT BY LANDLORD TO RECOVER RENT OR TO RECOVER POSSESSION OR THE
DEMISED PREMISES.
47TH. ANY NOTICE BY EITHER PARTY TO THE OTHER SHALL BE DEEMED DULY
GIVEN ONLY IF IN WRITING AND IF DELIVERED EITHER PERSONALLY OR IF SUCH NOTICE BE
POSTED BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, ADDRESSED (A)
IF TO THE TENANT AT THE DEMISED PREMISES, AND (B) IF TO THE LANDLORD AT ITS
ADDRESS HEREIN ABOVE STATED. IF EITHER PARTY ADMITS RECEIPT OF SUCH SHALL BE
PRIVILEGED TO DESIGNATE A SUBSTITUTE ADDRESS FOR THE GIVING OF NOTICE TO IT
HEREUNDER, BY GIVING NOTICE OF SUCH SUBSTITUTION IN ACCORDANCE WITH THE
PROVISIONS OF THIS PARAGRAPH.
48TH. IT IS MUTUALLY COVENANTED THAT IF THE LANDLORD SHALL REASONABLY
PAY OR BE COMPELLED TO PAY ANY SUM OF MONEY OR SHALL REASONABLY PERFORM ANY ACT
OR BE COMPELLED TO PERFORM ANY ACT, WHICH ACT SHALL REQUIRE THE PAYMENT OF ANY
SUM OF MONEY, BY REASON OR THE FAILURE OF THE TENANT TO PERFORM ANY ONE OR MORE
OF THE COVENANTS HEREIN CONTAINED, THE SUM OF SUMS SO PAID BY THE LANDLORD
TOGETHER WITH ALL INTEREST, COSTS AND DAMAGES, SHALL BE ADDED TO RENT
INSTALLMENTS NEXT DUE AND/SHALL BE COLLECTIBLE IN THE SAME MANNER AND WITH THE
SAME REMEDIES AS IF ORIGINALLY RESERVED AS RENT HEREUNDER.
49TH. THE LANDLORD HAS MADE NO REPRESENTATIONS OR WARRANTIES ANY KIND
OR NATURE EXCEPT ARE SPECIFICALLY SET FORTH HEREIN AND THE PARTIES AGREE THAT
THIS LEASE CONSTITUTES THE FULL AGREEMENT BY AND BETWEEN THEM. ANY HOLING OVER
BY THE TENANT AFTER THE TERM OF THIS LEASE SHALL BE UNLAWFUL AND IN NO MANNER
CONSTITUTE A RENEWAL OR EXTENSION OF THIS LEASE AGREEMENT. TENANT HAS INSPECTED
THE SUBJECT PREMISES, KNOWS THE CONDITION THEREOF AND TAKES THE SAME "AS IS".
50TH. THE SECURITY POSTED HEREUNDER (PARAGRAPH 27) SHALL BEAR NO
INTEREST AND SHALL CONSIST OF AND BE EQUIVALENT TO TWO (2) MONTHS RENT AT ALL
TIMES. NOT POSTED.
51ST. IN THE EVENT THAT THE TENANT SHALL NOT HAVE PAID THE RENT ON OR
BEFORE THE 5TH DAY OF THE MONTH DURING WHICH SAME IS DUE, THERE SHALL BE ADDED
TO SUCH RENT, AS ADDITIONAL RENT, A LATE CHARGE OF FIVE PERCENT (5%) OF THE RENT
DUE AND UNPAID. THE LANDLORD SHALL HAVE ALL RIGHTS WITH RESPECT TO THIS
ADDITIONAL RENT AS FOR THE NON-PAYMENT OF ANY AND ALL OTHER RENTS DUE UNDER THE
TERMS OF THIS LEASE. THE DEMAND FOR AND COLLECTION OF THE AFORESAID LATE CHARGE
SHALL IN NO WAY BE DEEMED A WAIVER OF ANY REMEDIES THAT THE LANDLORD MAY HAVE
UNDER THE TERMS OF THIS LEASE BY SUMMARY PROCEEDINGS OR OTHERWISE.
52ND. THE LANDLORD SHALL NOT BE LIABLE IN ANY WAY, OR TO ANY EXTENT, OR
AT ALL, FOR OR ON ACCOUNT OR ANY INJURY TO ANY PROPERTY AT ANY TIME IN SAID
BUILDINGS, OR FOR OR ON ACCOUNT OF THE DESTRUCTION OF ANY PROPERTY AT ANY TIME
IN SAID BUILDINGS. LANDLORD SHALL NOT BE LIABLE FOR ANY DAMAGE DONE OR
OCCASIONED BY OR FROM PLUMBING, GAS, WATER, SPRINKLER, STEAM OR OTHER PIPES, OR
SEWERAGE OR THE BURSTING, LEAKING OR RUNNING OR ANY PIPES, TANK OR PLUMBING
FIXTURES IN, ABOVE, UPON OR ABOUT SAID BUILDING OR PREMISES, NOR FOR ANY DAMAGE
OCCASIONED BY WATER, SNOW OR ICE BEING UPON OR COMING THROUGH THE ROOF,
SKYLIGHTS, TRAP DOOR OR OTHERWISE, NOR FOR ANY DAMAGES ARISING FROM ACTS, OR
NEGLECT OF CO-TENANTS, OR OTHER OCCUPANTS OF THE SAME BUILDING OR OF ANY OWNERS,
OR OCCUPANTS, OR ADJACENT OR CONTIGUOUS PROPERTY, EXCEPT IF SUCH DAMAGE OR
INJURY IS CAUSED BY LANDLORD'S NEGLIGENCE.
53RD. TENANT AGREES TO INDEMNIFY AND SAVE HARMLESS THE LANDLORD FROM
ANY CLAIM OR LOSS BY REASON OF THE TENANT'S USE OR MISUSE OF THE DEMISED
PREMISES AND FROM ANY CLAIM OR LOSS BY REASON OF ANY ACCIDENT OR DAMAGE TO ANY
PERSONS HAPPENING ON SAID PREMISES.
54TH. THE TENANT SHALL ON THE LAST DAY OF THE TERM, OR UPON THE SOONER
TERMINATION OR THE TERM, PEACEABLY AND QUIETLY SURRENDER THE LEASED PROPERTY TO
THE LANDLORD, BROOM CLEAN INCLUDING ALL BUILDING, ALTERATION, REBUILDING,
REPLACEMENTS, CHARGES OR ADDITIONS PLACED BY THE TENANT THEREON, IN AS GOOD
CONDITION AND REPAIRS AS AT THE COMMENCEMENT OF THE TERM, AND AS ANY BUILDINGS,
STRUCTURES, REPLACEMENTS, ADDITIONS OR IMPROVEMENTS CONSTRUCTED, ERECTED, ADDED,
OR PLACED THEREON BY THE TENANT ARE WHEN COMPLETED, WITH THE NATURAL WEAR AND
TEAR THEREOF EXCEPTED.
55TH. IT IS UNDERSTOOD AND AGREED THAT THE TENANT OCCUPIES FIFTY
PERCENT (50.00 PERCENT)OF THE TOTAL PREMISES AND IN ADDITION TO THE RENT HEREIN
REQUIRED TO BE PAID BY THE TENANT, TENANT WILL PAY TO THE LANDLORD AS ADDITIONAL
RENT THE FOLLOWING:
BASE YEAR 2000
A) FIFTY PERCENT (50%) OF ALL REAL ESTATE TAXES AND
ASSESSMENTS CHARGED TO THE PROPERTY, OF WHICH THE DEMISED
PREMISES ARE A PART.
B) ANY AND ALL INCREASE IN INSURANCE PREMIUMS CHARGED THE
LANDLORD BECAUSE OF THE OCCUPANCY OF THE TENANT OF THE DEMISED
PREMISES.
C) FIFTY PERCENT (50%) OF ANY GENERAL RATE INCREASE IN
INSURANCE PREMIUMS NOW OR HEREAFTER CARRIED BY THE LANDLORD
COVERING THE AFORESAID PROPERTY OVER THAT IN EFFORT ON.
D) FIFTY PERCENT (50%) OF THE COST OF MAINTAINING AND CLEANING
OF THE DRIVEWAYS, SIDEWALKS AND PARKING LOT GARDENING, LINE
PAINTING, RESURFACING, REMOVAL OF SNOW, ICE, TRASH AND DEBRIS
AND GARBAGE REMOVAL.
56th. The Tenant shall permit the Landlord, its agents, at all
reasonable times and after reasonable notice to erect, use, repair and maintain
any pipes and conduits in and through the demised premises, and the Landlord
shall have the right to enter the demised premised at all times to examine the
same and to show them to prospective purchasers or lessees of the building and
to make any improvements, additions or alterations as the Landlord may deem
necessary or desirable. All of the aforesaid may be done without constituting
and eviction of the Tenant and the rent reserved shall in no way xxxxx during
the performance thereof. Nothing herein contained shall be deemed or construed
to impose upon the Landlord any obligation, responsibility or liability
whatsoever for repairs, care or supervision of the building on any part thereof
other than as herein otherwise provided in this lease. Any such entry onto the
demised premises shall be during normal business hours and shall not interfere
with Tenant's business nor impair Tenant's use of the demised premises.
57th. If the demised premises be or become infested with vermin, the
Tenant shall at the Tenant's expense, cause the same to be exterminated for time
to time to the reasonable satisfactions of the Landlord.
58th. Anything herein to the contrary notwithstanding, the premises
herein mentioned are demised for the whole term with the whole amount of rent
reserved due and payable at the time of the making of this lease, and the
payment of rent in installments as above provided is for the convenience of
Tenant only and upon default in the making of any installment payment of rent,
or upon breach of any of the terms, covenants of conditions of this agreement;
then the whole of the rent reserved for the whole of the period then remaining
unpaid shall, at Landlord's options, at once become due and payable without any
notice or demand.
59TH. IN THE EVENT THAT THIS LEASE IS CANCELED BY THE LANDLORD FOR
DEFAULT BY THE TENANT IN THE PERFORMANCE OF ANY OF THE TERMS HEREOF, THE
LANDLORD SHALL APPLY AND RETAIN THE ENTIRE SECURITY THEN ON DEPOSIT TO AND IN
REDUCTION OF THE TOTAL DAMAGES WHICH LANDLORD MAY SUSTAIN OR INCUR AS A RESULT
OF THE TENANT'S DEFAULTS.
60TH. IN THE EVENT OF ANY CLAIM BY THE TENANT TO THE EFFECT THAT
ANOTHER TENANT IN ANY WAY ENCROACHES UPON OR VIOLATES ANY OF ITS RIGHTS UNDER
THIS LEASE, THE TENANT'S SOLE RECOURSE SHALL BE AGAINST SUCH OTHER TENANT AND IN
NO EVENT WILL THE LANDLORD BE REQUIRED TO INSTITUTE ANY LEGAL PROCEEDING OR TO
TAKE OTHER STEPS AGAINST THE TENANT ALLEGED TO BE IN VIOLATION. THIS SHALL IN NO
WAY, HOWEVER, LIMIT THE RIGHTS OF THE TENANT AS AGAINST SUCH OTHER TENANT OR
VIOLATING PARTY, NOR SHALL SUCH ENCROACHMENT CONSTITUTE A DEFAULT UNDER OR
BREACH OF THIS LEASE BY THE LANDLORD.
61ST. THE TENANT AGREES THAT THE RENT PROVIDED FOR HEREIN SHALL BE PAID
TO THE LANDLORD WITHOUT DEMAND AND WITHOUT OFFSET OR DEFENSE AT THE ADDRESS SET
FORTH HEREIN, OR AT SUCH OTHER ADDRESS AS THE LANDLORD MAY AT ANY TIME DESIGNATE
IN WRITING.
62ND. THE SIDEWALK, DRIVEWAY, PARKING LOT AREAS AND ENTRANCES OF THE
DEMISED PREMISES SHALL NOT BE OBSTRUCTED BY THE TENANT AND THE TENANT SHALL
MAINTAIN AND CLEAN SAME AND SHALL KEEP SAME FREE OF ICE, SNOW, DEBRIS AND REFUGE
AND IN ADDITION, MAKE ALL REPAIRMAN REPLACEMENTS THERETO WHICH MAY BECOME
NECESSARY AS A CONSEQUENCE OF THE FAULT OR NEGLIGENCE ON THE PART OF THE TENANT.
63RD. IF THERE SHALL BE FILED BY OR AGAINST THE TENANT A PETITION IN
BANKRUPTCY OR INSOLVENCY OR FOR REORGANIZATION OR FOR THE APPOINTMENT OF A
RECEIVER OR TRUSTEE OF ALL OR A PORTION OF THE TENANT PROPERTY, OR IF THE TENANT
MAKES AN ASSIGNMENT FOR THE BENEFIT OF CREDITORS, THIS LEASE SHALL IPSO FACTO BE
CANCELED AND TERMINATED. IN SUCH EVENT NEITHER TENANT NOR ANY PERSON CLAIMING
THROUGH OR UNDER TENANT OR BY VIRTUE OF ANY STATUTE OR AN ORDER OF ANY COURT
SHALL BE ENTITLED TO POSSESSION OF THE DEMISED PREMISES. THE LANDLORD, IN
ADDITION TO OTHER RIGHTS AND REMEDIES CONTAINED IN THIS LEASE OR BY VIRTUE OF
ANY STATUTE OR RULE OF LAW MAY RETAIN AS LIQUIDATED DAMAGES ANY AND ALL RENTS,
SECURITY, DEPOSIT OR MONEYS RECEIVED BY LANDLORD FROM TENANT.
64TH. LANDLORD MAKES NO REPRESENTATION AS TO THE PERMITTED USE OF THE
SUBJECT PREMISES AND THIS LEASE IS EXPRESSLY MADE SUBJECT TO THE ZONING
ORDINANCES OF THE APPROPRIATE MUNICIPAL AUTHORITY HAVING JURISDICTION OVER THE
PREMISES AND ANY AGENCY OR SUBDIVISION THEREOF. ALL PERMITS WHICH MAY BE
NECESSARY FOR THE MAINTENANCE AND OPERATION OF THE TENANT'S BUSINESS SHALL BE
OBTAINED AND MAINTAINED BY THE TENANT AT THE TENANT OWN COST EXPENSE.
65TH.THE TENANT AGREES AT ANYTIME AND FROM TIME TO TIME, UPON NOT LESS
THAT FIVE (5) DAYS PRIOR WRITTEN REQUEST BY THE LANDLORD, TO EXECUTE,
ACKNOWLEDGE AND DELIVER TO THE LANDLORD A STATEMENT IN WRITING CERTIFYING THAT
THIS LEASE IS UNMODIFIED AND IN FULL FORCE AND EFFECT, OR IF THERE HAVE BEEN
MODIFICATIONS THAT THE SAME ARE IN FULL FORCE AND EFFECT AS MODIFIED, AND
STATING THE MODIFICATION AND DATES TO WHICH RENT AND OTHER CHARGES HAVE BEEN
PAID IN ADVANCE, IF ANY. IT IS INTENDED THAT ANY SUCH STATEMENT DELIVERED
PURSUANT TO THIS PARAGRAPH MAY BE RELIED UPON BY ANY PROSPECTIVE PURCHASER OF
THE FEE OR ANY MORTGAGEE OR ASSIGNED OF ANY MORTGAGE UPON THE FEE OF THE DEMISED
PREMISES.
66TH. THE RECEIPT BY LANDLORD FOR RENT WITH KNOWLEDGE OF A BREACH OF
ANY COVENANT OF THIS LEASE SHALL NOT BE DEEMED A WAIVER OF SUCH BREACH. NO
PAYMENT BY TENANT OR RECEIPT BY LANDLORD OF A LESSER AMOUNT THAT THE MONTHLY
RENT HEREIN STIPULATED SHALL BE DEEMED TO BE OTHER THAN ON ACCOUNT OF THE
EARLIEST STIPULATED RENT. NO ENDORSEMENT OR STATEMENT ON ANY CHECK OR ANY LETTER
ACCOMPANYING ANY CHECK OR PAYMENT WITHOUT PREJUDICE TO LANDLORD'S ACCOMPANYING
ANY CHECK OR PAYMENT WITHOUT PREJUDICE TO LANDLORD'S RIGHT TO RECOVER THE
BALANCE OF SUCH RENT OR PURSUE ANY OTHER REMEDY IN THIS LEASE PROVIDED.
67TH. NOTWITHSTANDING ANYTHING HEREIN CONTAINED TO THE CONTRARY THE
LANDLORD'S CONSENT TO THE TENANT EITHER ASSIGNING OR SUBLETTING THE DEMISED
PREMISES SHALL NOT BE UNREASONABLE WITHHELD; HOWEVER, THE FOLLOWING CONDITIONS
FOR ANY REQUESTED CONSENT SHALL APPLY IN ADDITION TO WHATEVER OTHER REASONABLE
REQUESTS MAY BE MADE BY THE LANDLORD:
1) Each assignment or sub-lease shall be in writing and shall
contain an agreement whereby the assignee or sub-tenant shall
assume all or the obligations of the Tenant to the Landlord;
b) No assignment or sub-lease shall be valid unless at the
time of the making thereof all of the Tenant's obligations to
the Landlord are current;
1) Said agreement, executed by the assignor or tenant-lessee,
with the assumption of the assignee or under-tenant shall be
deposited with the Landlord within five (5) days of the making
of such assignment or sub-lease;
d) Any such assignment or sub-lease shall specifically set
forth what portion, if any, of the security deposit made by
the Tenant is assigned to the credit of the assignee or
sub-tenant;
1) Any assignment of sublease shall in no part release the
original Tenant or any subsequent assignee or under-tenant
from any obligation to the Landlord;
f) Two months additional security shall be deposited with the
Landlord upon the making of each assignment or sub-lease
hereunder and such security shall be held by the Landlord
pursuant to the terms of paragraph 27th. Hereof;
1) All assignments or sub-lease agreements shall be made in
accordance with the terms of paragraph 27th. hereof;
68th. Any transfer of a majority of the issued and outstanding capital
stock of any corporate Tenant, however accomplished, and whether in a single
transaction or in a series of related or unrelated transactions, shall be deemed
to be an assignment of this lease. Likewise, an increase in the number of issued
and/or outstanding shares of capital stock of any corporate Tenant and/or the
creation of one or more additional classes of capital stock of any corporate
Tenant, however accomplished and whether in a single transaction or a series of
related or unrelated transaction, with the result that at least fifty-one (51%)
percent of the beneficial interest and record ownership's in and to such Tenant
shall no longer be held by the beneficial and record owners of the capital stock
of such corporate Tenant as of the date of the execution of this lease, or the
date such corporation shall become the Tenant hereunder (whichever is later,
shall be deemed to be an assignment of this lease. Such assignment of lease
hereunder shall be governed by the other provisions of this lease.
69th. Not withstanding anything contained herein, it is agreed that the
Tenant shall not be required to pay any additional rent for the items set forth
in paragraph 55th. for its occupancy of the subject premises for the period July
1, 2000 to Jun 30, 2001 it being the intention of the parties that the Tenant
shall pay the set amount set forth in paragraph 55th. of this lease to the
annual rent.
70th. If the Tenant defaults in the payment of rent or any other
charges that the Landlord becomes responsible to pay for, including but not
limited to garbage removal, utilities, tenant repairs and municipal fees, the
individual principals and/or members of Tenant will be personally and
individually responsible for the payment of such rent and other charges up to
the date premises are vacated and broom clean possession returned to the
Landlord.
d) There shall be no further option to renew this lease.
Great American Realty of 00 Xxxx Xxxxx, LLC
By: /s/ Xxxx Xxxxxx
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Xxxx Xxxxxx, Landlord
By: /s/ Xxx Xxxx
------------------------------------------
Xxx Xxxx, President, Tenant
