Exhibit 10.18
[Blumbergs Law Products LOGO OMITTED] A 35 - Lease, Business Premises. DISTRIBUTED BY XXXXXXXX Excelslor Inc.
Loft, Office or Store 11-98 NYC 10013
This Lease made the 7TH day of MAY 2007 between XXXXX
X. XXXXXX hereinafter referred to as LANDLORD, and HADCO
METAL TRADING CO., LLC 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 XXXXX X. XXXXXX in the building known as 000-00
XXXXXXX XXXXXXXXX AND 000-00 XXXXX XXXX XXXXXXX, XX 00000 to
be used and occupied by the Tenant HADCO METAL TRADING CO.,
LLC AS A METAL WAREHOUSE and for no other purpose, for a
term to commence on FEBRUARY 2, 2008 and to end on JANUARY
31, 2012 unless sooner terminated as hereinafter provided,
at the ANNUAL RENT of ONE HUNDRED FIFTY-SIX THOUSAND DOLLARS
($156,000.00) 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 AND appurtenances, and all alterations, additions and
VIOLATIONS improvements to either; make all repairs in and about the
same necessary to preserve them in good order and condition,
ENTRY which repairs shall be, in quality and class, equal to the
original work; promptly pay the expense of such repairs;
INDEMNIFY suffer no waste or injury; give prompt notice to the
LANDLORD Landlord of any fire that may occur; execute and comply with
all laws, rules, orders, ordinances 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
NEGATIVE Tenant will not obstruct, or permit the obstruction of the
COVENANTS street or the sidewalk adjacent thereto; will not do
anything, or suffer anything to be done upon the demised
OBSTRUCTION premises which will increase the rate of fire insurance upon
SIGNS the building or any of its contents, or be liable to cause
structrual injury to said building; will not permit the
AIR accumulation of waste or refuse matter, and will not,
CONDITIONING without the written consent of the Landlord first obtained
in each case, either sell, assign, mortgage or transfer this
lease, underlet the demised premises or any part thereof,
permit the same or any part thereof to be 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 extra hazardous on account of fire risk, nor in
violation of 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
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 if such
partial damage is due to the fault or neglect of Tenant,
FIRE CLAUSE Tenant's servants, employees, agents, visitors or licensees,
without prejudice to any other rights and 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 panalty shall accure 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, and Tenant shall vacate the demised
premises and 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.
FIFTH.--If the whole or any part of the premises hereby
EMINENT demised shall be taken or condemned by any competent
DOMAIN 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.
SIXTH.--If, before the commencement of the term, the
LEASE NOT Tenant be adjudicated a bankrupt, or make a "general
IN EFFECT assignment," or take the benefit of any insolvent act, or if
a Receiver or Trustee be appointed for the Tenant's
DEFAULTS property, or if this lease or the estate of the Tenant
hereunder be transferred or pass to or devolve upon any
TEN DAY other person or corporation, or if the Tenant shall default
NOTICE 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 fixed 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.
RE-POSSESSION BY If the Tenant shall make default in the payment of the
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 BY was the basis of said notice shall exist at the expiration of
TENANT said ten days' period, the 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 therefor, 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 have incurred, and then 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 MAY SEVENTH.--If the Tenant shall make default in the
PERFORM performance of any covenant herein contained, the Landlord may
immediately, or at any time thereafter, without notice,
ADDITIONAL RENT perform the same for the account of the Tenant. If a notice of
mechanic's lien be filed against the demised premises or
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 WAIVERS EIGHTH.--The failure of the Landlord to insist, in any
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, or 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 term, 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 or rent, or other
ABATEMENT 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 an excavation shall be made
WALLS 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 term 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
REPRESENTATIONS NINETEENTH.--The Landlord has made no representations 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 FEES TWENTIETH.--If the Tenant shall at any time be in 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 or any other
person wrongfully in possession or for any other reason: in
such event the rent 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.
TWENTY-THIRD.--If by reason of the conduct upon the
INCREASED demised premises of a business not herein permitted, or if by
FIRE reason of the improper or careless conduct of any business upon
INSURANCE or use of the demised premises, the fire insurance rate shall
RATE 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
demised 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.
TWENTY-FOURTH.--If a separate water meter be installed for
WATER RENT the demised premises, or any part thereof, the Tenant will 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
SEWER 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.
TWENTY-SIXTH.--If there now is or shall be installed in
said building a "sprinkler system" the Tenant agrees to keep
SPRINKLER the appliances thereto in the demised premises in repair and
SYSTEM 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.
TWENTY-SEVENTH.--The sum of ZERO DOLLARS Dollars is
deposited by the Tenant herein with the Landlord herein as
SECURITY 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.
TWENTY-EIGHTH.--This lease is granted and accepted on the
especially understood and agreed condition that the Tenant will
NUISANCE conduct his 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 NO BROKERS
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 falls 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 require,
CLEANING 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 has
& DELIVERY been prepared and submitted to the Tenant for signature with
OF LEASE 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 all
PREMISES 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 to
EMERGENCY 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 rent
POSSESSION 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
HEAT
THIS IS A NET NET NET LEASE. ANY AND ALL REPAIRS AND
MAINTENANCE IS PAID FOR BY THE TENANT. SUB LEASING WILL NOT BE
PERMITTED UNLESS APPROVED BY LANDLORD. TENANT TO SUPPLY ALL
HEAT AND/OR AIR CONDITIONING
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/ Xxxxx X. Xxxxxx
---------------------------- [L. S.]
XXXXX X. XXXXXX Landlord
IN PRESENCE OF:
/s/ Signature
---------------------------
/s/ Xxxxx Xxxxxxx
---------------------------- [L. S.]
HADCO METAL TRADING CO., LLC 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 acknowledgment)
000-00 XXXXXXX XXXXXXXXX AND
000-00 XXXXX XXXX
XXXXXXX, XX 00000
BUILDING _______________________________________________________________________
PREMISES _______________________________________________________________________
--------------------------------------------------------------------------------
XXXXX X. XXXXXX
LANDLORD
TO
HADCO METAL TRADING CO., LLC
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)