GARRETT INFORMATION ENTERPRISE CENTER LEASE AGREEMENT
XXXXXXX
COLLEGE
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XXXXXXX
INFORMATION ENTERPRISE CENTER
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THIS
AGREEMENT,
made this 1st
day
of June
,
2006, by and between Xxxxxxx College “Lessor”, and: Solution Technology
International “Lessee”.
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Lessor:
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Xxxxxxx
College
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Lessee:
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Solution
Technology International
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Address:
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000
Xxxxxx Xxxx
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Address:
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000
Xxxxxx Xxxx, Xxxxx 00
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XxXxxxx,
Xxxxxxxx 00000
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XxXxxxx,
XX 00000
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Contact:
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Xx.
Xxxxx Xxxxxx
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Contact:
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Xxx
X. Xxxxxx
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Telephone:
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(000)
000-0000
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Telephone:
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301-387-
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E-mail:
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xxxxxxx@xxxxxxxxxxxxxx.xxx
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E-mail:
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xxxxxxxx@xxxxx.xxx
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1.
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Recitals
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1.1
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Xxxxxxx
College (the “College”) is a public community college accredited in the
State of Maryland.
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1.2
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The
College has a mission to support both the educational and economic
needs
of the community.
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1.3
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The
College in furtherance of this mission has, with the support and
cooperation of Xxxxxxx County, Maryland, government, local economic
development, the State of Maryland, the Economic Development
Administration and the Appalachian Regional Commission, constructed
a
facility known as the Xxxxxxx Information Enterprise Center
(GIEC).
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1.4
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GIEC,
owned and operated by the College, consists of approximately 20,000
square
feet including 20 offices of varying sizes ranging from 300 square
feet to
1,250 square feet, as well as common areas including the main and
secondary entrances, the main lobby, central restrooms, the kitchenette,
and a conference room.
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1.5
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GIEC’s
mission is to support the economic growth of Xxxxxxx County by
creating an
environment for facilitating the successful development of information
intensive companies.
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2.
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Lease/Rental
Agreement
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2.1
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Space
Description
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2.1.1
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The
Lessor leases unto the Lessee the premises (the “Premises”) known and
described as room(s) numbered 111
containing
1,163
net
usable square feet of space.
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2.1.2
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Lessee
also has the right to use of corridors and common areas in accordance
with
established policies, all as shown on the plat of the Premises
in Exhibit
1 attached hereto including the main and secondary entrances, the
main
lobby, the central restrooms, the kitchenette, and the conference
room
through appropriate reservations. The total billable square feet
is
1696
at
$10.00
per square foot.
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1
2.2
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Security
Deposit
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The
Lessee shall, prior to occupancy, post a security deposit equal
to two (2)
months rent. Upon expiration or termination of the Lease, the security
deposit will be returned to the Lessee, less any rent due and/or
costs to
repair damages to the Premises occasioned by Lessee’s use and occupation
thereof. Promptly after expiration or termination of the Lease,
Lessor
will inspect the Premises and notify Lessee, in writing, of any
sum to be
retained by Lessor from the security deposit and an explanation
of such
retention, including copies of any estimates of damage, if any.
The Lessee
shall surrender the premises in the condition in which it was received,
ordinary wear and tear excepted.
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2.3
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Rental
Payment
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2.3.1
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The
term of the Lease shall be for one (1) year. The Lease shall commence
and
the Lessee shall begin to pay rent upon 1st
Day of June,
2006.
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2.3.2
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The
rent due by Lessee to Lessor is $16,960.00
per annum, payable in equal monthly installments of $
1,414.00.
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2.3.3
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Rental
payments shall be payable to the Lessor during normal business
hours and
shall be due on the first business day of the month. In the event
that the
Lease commences after the first day of the month, the rental payment
amount will be prorated accordingly.
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2.3.4
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Payments
to the Lessor pursuant to paragraph 2.3.3 of this Lease shall be
made no
later than five (5) days after the due date. Any payment more than
five
(5) days late shall be subject to a late payment fee of five percent
(5%)
of the amount more than five (5) days in arrears.
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2.4
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Renewal
Options
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Lessee
shall have the option to renew this Lease subject to the same terms
and
conditions except that the renewal rent may be renegotiated. The
Lessee
agrees to complete the Incubating Tenant Lease Renewal/Non-Renewal
Form
and submit to the Lessor not less than ninety (90) days advance
written
notice of its intention to renew the Lease.
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2.5
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Holding
Over
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The
continued occupancy of the Premises by the Lessee after the initial
term,
or any renewal thereof as herein provided (the expiration date),
shall
create a tenancy at will, subject to all the terms and conditions
of this
Lease except that the Lessor shall be entitled to double rent for
any such
period.
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2
2.6
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Waiver
of Conditions
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The
waiver at any time by the Lessor or the Lessee of any particular
covenant
or condition of the Lease shall extend to the particular case only,
for
the particular time and in the particular manner specified, and
such
waiver shall not be construed or understood as waiving any further
or
other rights of any character whatever.
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2.7
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During
the term of this Lease, or any renewal thereof s provided in §2.5 hereof,
Lessee shall have the option to lease by separate agreement any
unoccupied
space adjacent to the demised premises. In the event of inquiry
by a third
party expressing an interest in leasing any such adjacent space,
Lessee
shall have fifteen (15) days from the date of written notice from
Lessor
of any such interest to exercise the option; provided, however,
that
Lessee is not in default of any of the provisions of this Lease.
Exercise
of the option shall be in writing directed to the Lessor.
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3.
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Facilities:
Usage & Responsibilities
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3.1
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Parking
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During
the term of this Lease, the Lessee shall have the privilege of
use in
common parking spaces in the Lessor’s parking lot free of charge.
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3.2
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Electricity
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Electricity
shall be provided and paid by the Lessor
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3.3
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Heating
and Air Conditioning
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Heating
and air conditioning shall be provided and paid by the
Lessor.
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3.4
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Custodial
Services
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Cleaning
services and supplies will be the responsibility of the Lessee
except for
the common areas which are the responsibility of the
Lessor.
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3.5
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Snow
Removal
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Snow
removal will be the responsibility of the Lessor.
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3.6
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Water
and Sewer Service
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Water
and sewer service shall be provided and paid by the
Lessor.
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3.7
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Telephone
and Internet/Postage Machine Usage
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The
Lessee shall be responsible for securing its telephone and Internet
services; however, the building is prewired with fifty (50) pairs
of
twenty four (24) gauge plenum rated telephone cable installed to
a
telephone distribution panel in each office. A common postage meter
is
available in the copy center. All tenants pay a monthly rental
fee on this
machine in the amount of $12.00 regardless of usage. Actual postage
use is
billed monthly.
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3.8
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Signage
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Lessee
must install an interior sign in the common area outside the office
suite.
Any signage on the grounds of GC only with the prior written approval
of
the Lessor, and subject to such limitations as to location, size,
height
and content as Lessor shall prescribe. Written approval will not
be
unreasonably withheld.
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3.9
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Alterations
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3.9.1
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Lessee
shall not make any alterations, additions or improvements to the
Premises
without Lessor’s prior written approval which approval shall not be
unreasonably withheld. All alterations, additions or improvements
made by
either of the parties hereto upon the Premises shall be the property
of
the Lessor and shall remain upon and be surrendered with the Premises
at
the termination of this Lease, provided, however, that the Lessee
shall
have the privilege of installing furniture or equipment necessary
in the
conduct of its business and these shall remain the property of
the Lessee
and may be removed by the Lessee during its tenancy. Equipment
or fixtures
which cannot be removed from the Premises without causing structural
damage (other than minor damage) shall remain in place and become
the
property of the Lessor.
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3.9.2
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Lessee
may install, with prior written approval of Lessor, lines or special
wiring for telephones and other electronic or communications equipment
necessary in the conduct of its business and these shall remain
the
property of the Lessee, and may be realigned, maintained or removed
at the
sole option of the Lessee during its tenancy or upon expiration
or
termination of this Lease.
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3.10
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Campus
Use
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3.10.1
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Lessee
may use other campus facilities and services including, but not
limited
to, cafeteria, library, computer rooms, teleconferencing, conference
and
classrooms subject to college policies, procedures, rules and regulations
and any associated fees.
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3.11
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Damages/Repairs
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3.11.1
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Lessee
shall give to Lessor prompt written notice of any accidents or
damage to,
or defects in the roof, the exterior of the building, plumbing,
electric
lights, or heating apparatus. All repairs to the Premises as well
as
repairs to the exterior of the building of which the Premises are
a part
to be made and paid for by the Lessor including any costs incurred
and
associated with the movement of Lessee’s equipment, furniture and
fixtures, if such moving is required to make the repairs.
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4
3.11.2
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The
Lessee shall keep the Premises in good condition during the period
of the
Lease and shall make such repairs to the Premises as are caused
by the
carelessness or negligence of the Lessee, its agents, employees
or
invitees.
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3.12
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Right
of Access
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Lessor
reserves the right to enter the demised premises at reasonable
times to
assure Lessee’s compliance with the provisions of this Lease and to meet
Lessor’s obligations hereunder. The date and time of entry shall be
mutually agreed upon.
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No
advance notice shall be required in cases of emergency.
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3.13
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Catastrophic
Events
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If
during the term of this Lease the building is so damaged by fire
or other
casualty that the Premises are rendered unfit for occupancy rent
shall
xxxxx during such period. If the Premises cannot be repaired within
sixty
(60) days from the happening of such casualty, the Lessee shall
have the
option to declare this Lease void as of the date of such casualty.
In such
case Lessee’s liability for rent terminates as of the date of damage.
Lessee shall surrender the premises to the Lessor who may enter
upon and
repossess the Premises. If the damage is such that the Premises
can be
repaired within sixty (60) days, Lessor shall enter and repair
the same
promptly.
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4.
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Insurance/Indemnification
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4.1
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Lessee
Coverage
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Lessee
shall secure and maintain during the term of this Lease, or any
renewal
thereof, a policy of insurance insuring Lessee, its employees,
agents and
servants against liability for injury or damage to third persons
arising
out of the conduct of Lessee’s business, or in any way related to Lessee’s
use and occupancy of the Premises.
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4.1.1
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Coverage
shall be a minimum of Five Hundred Thousand Dollars ($500,000)
and Lessee
shall provide Lessor with documentary evidence that such insurance
is in
place at the time of the execution of the Lease.
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4.1.2
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Lessor
shall not be responsible for any interruption of Lessee’s business from
any cause whatever, nor for loss or damage to Lessee’s property in the
Premises.
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4.1.3
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Lessee
shall indemnify and hold harmless XXXX, Xxxxxxx College, its Board
of
Trustees and its Officers, agents and employees from liability
arising out
of or in anyway related to Lessee’s use and occupancy of the
Premises.
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5.
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Assignment
& Subletting
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5.1
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Assignment
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Lessee
shall not assign or sublet its interests in this Lease without
the prior
written consent of Lessor. Any assignment or sublease shall not
relieve
Lessee of any of its obligations under this
Lease.
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5
6.
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Termination
of Lease
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6.1
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If
Lessee fails to fulfill its obligations under the Lease properly
and on
time, or otherwise violates any provision of this Lease, the Lessor
may
terminate this Lease by written notice to the Lessee. The notice
shall
specify the acts or omissions relied upon as cause for
termination.
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6.2
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Mediation
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6.2.1
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Lessor
and Lessee agree that any claim, dispute or other matter arising
out of or
related to the Lease shall be submitted to mediation as a condition
precedent to the institution of any legal action by either party.
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6.2.2
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Lessor
and Lessee shall mutually agree upon a mediator and shall share
in the
fees and costs involved in the mediation. Mediation shall be held
on the
Premises of the College unless another location is mutually agreed
upon.
The recommendations of a mediator may be rejected in whole or in
part by
either Lessor or Lessee.
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7.
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Compliance
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7.1
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Lessee
covenants and agrees to comply with their general policies and
procedures
which have been, or may hereafter be, adopted by GCC, or imposed
by state
or federal laws and regulations and made applicable to the campus
and
facilities of the College, including the Xxxxxxx Information Enterprise
Center.
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7.2
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7.3
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Complete
Agreement
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This
Lease contains the full and complete understanding between the
parties as
of the date of its execution. There are no oral or collateral agreements
or understandings which affect the relationship between the parties.
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7.4
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Amendment
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The
terms of this Lease may be changed only by written amendment signed
by
Lessor and Lessee.
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6
8.
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Contact
Information
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8.1
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Contact
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8.1.1
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For
inquiries concerning performance, interpretation or modification
of the
Lease and to inspect the Premises, Lessor shall contact Xxxxxxx
Xxxxxx,
Xxxx of Administration, Xxxxxxx College or Xxxxx Xxxxxx, Director,
Xxxxxxx
Information Enterprise Center
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IN
WITNESS WHEREOF, the parties have executed this Lease Agreement
as of the
day and year first written above.
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ATTEST:
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LESSOR:
XXXXXXX COLLEGE
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By
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(SEAL)
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LESSEE:
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By
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(SEAL)
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7