0000 X. 00xx Xxxxxx
LEASE AGREEMENT
This LEASE AGREEMENT, executed in two or more counterparts is made and
entered into this 26 day of March, 1996, by and between Xxxxxx X. Xxxxxxxx
(hereinafter the landlord), whose address for the purpose of the Lease is 0000
Xxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxxx, 00000 and Xxx Xxxx d/b/a Docutech
(hereinafter the Tenant), whose address for the purpose of this Lease is 0000
Xxxxxxxxx Xx., Xxxxxxx XX 00000.
WIINESSETH:
IN CONSIDERATION of the mutual covenants herein contained, the parties
hereto hereby agree as follows:
1. Premises.
A. Demised Premises. Landlord does hereby demise and lease unto
Tenant, and Tenant does lease and take from Landlord the following
described premises, hereinafter referred to as the "Demised Premises," now
erected in the 0000 X. 00xx Xxxxxx Building, (hereinafter the Building) in
the City of Lincoln, Lancaster County, Nebraska:
a store unit measuring approximately 6,832 sq. ft. with 4,000 sq. ft.
finished space and 2,832 sq. ft. unfinished space.
Any measurements herein specified are from the outside of the exterior
walls to the centerline of the interior walls. The approximate boundaries
and location of the Demised Premises are outlined in red on the site plan
of the Building, which is marked Exhibit B attached hereto and made a part
hereof, and the Building itself is outlined in green on said Exhibit.
B. Common Areas. In addition to the occupancy of the Demised Premises,
Tenant and Tenant's concessionaires, officers, employees, agents, customers
and invites also shall have the right to the nonexclusive use of automobile
parking areas, access roads, truck loading area, delivery area, walkways,
bus stops, landscaped areas, driveways and sidewalks which now are or
hereafter may be located upon some portion of the Shopping Center. Such
parking areas, access roads, truck loading areas, delivery areas, walkways,
bus stops, landscaped areas, driveways and sidewalk hereinafter are
collectively referred to as the "Common Areas". Landlord agrees to make the
Common Areas continuously available to tenant for nonexclusive use by
Tenant and the other aforementioned groups of persons during the term of
this Lease, except when portions thereof may be unavailable for use by
reason of repair work. The nonexclusive use of
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the common Areas by Tenants and Tenant's concessionaires, officers,
employees, agents, customers and invites at all times shall be subject to
such reasonable rules and regulations as Landlord from time to time may
establish and shall be in common with those rules and regulations for other
tenants of the Shopping Center.
2. Commencement of Term. The term of this Lease shall commence thirty (30)
days following receipt by Tenant of written notice by Landlord that the Demised
Premises are ready for Tenant Improvements, or the date Tenant first opens for
business to the public, whichever is the first to occur (hereinafter referred to
as the Commencement Date) which shall be defined as May 1, 1996.
3. Term. The term of this Lease shall commence on the Commencement Date and
shall end at 11:59 P.M. on April 30, 1998. As used herein, the term "lease year"
shall mean the twelve (12) calendar month period beginning on the first day of
January and ending on the last day of the following December except that the
first Lease Year, which shall be only a fractional Lease Year, shall begin on
the Commencement Date of the term of this Lease and shall end on the last day or
the following December.
4. Options To Extend. If Tenant is not then in default under any terms and
provisions of this Lease, Tenant shall have the option to extend the term of
this Lease for an additional term (sometimes in this Lease referred to as the
"first additional term") of two years, from and after the expiration of the
initial term of the Lease. In order to exercise such option, Tenant shall
provide Landlord with advance written notice of Tenant's intent to exercise
option no less than 120 days prior to the expiration of the initial term of the
Lease. In the event that Tenant fails to provide such notice to Landlord as
provided herein, such option shall lapse and shall be rendered null and void. In
the event that Tenant exercises its option to extend this Lease as provided
herein, such extension shall be on the same terms and conditions as their
initial term of this Lease, except that the amount of the rent for such
extension shall be determined in the manner provided under Paragraph 5B below.
If Tenant exercises its first option to extend the term of this Lease,
Tenant is not then in default under any of the terms and provisions of this
Lease, and Tenant shall have the option to further extend the term of the Lease
for a second additional term (sometimes in this Lease referred to as the "second
additional terms) of two (2) years, from and after the expiration of the first
additional term of this Lease, upon the giving of written notice of the exercise
of such option to Landlord at least one hundred twenty (120) days prior to the
expiration of the first additional term of the Lease. Said second extension
shall be on the same terms and conditions as the basic term with the exception
of rent which shall be determined in the manner provided under Paragraph 5B.
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5. Rent.
A. Cash Rent. Tenant agrees to pay Landlord at the office of Landlord
or at such other place as may be designated by Landlord for each year of
the basic term an annual rent of Forty Four Thousand One Hundred Sixty
Dollars ($44,160.00) for the first through and including the second full
lease year, payable in advance in equal monthly installments of Three
Thousand Six Hundred Eighty Dollars ($3,680.00). If the lease term
commences on a day other than the first day of a calendar month, the rent
for that first fractional month shall be prorated and paid on the first day
of the month next succeeding, and the last fractional month shall be
similarly prorated, but paid in advance.
B. Option Term Rent. In the event the Tenant exercises the option to
extend this Lease in the manner provided under Paragraph 4, the rental rate
shall be adjusted for the extended term by taking the total rents of the
premises owned by this Landlord less Tenant's current rent, divided by the
total square footage of the premises included in the above base rents which
shall equal an "average rent per square foot", then multiply the "average
rent per square foot" times the Tenant's square feet as described in
Paragraph 1A directly or indirectly, which will equal the new annual rent
for the duration of the extended term. Such amount shall be payable in
advance in equal monthly installments commencing on April 30, 1998 and
continuing on the first day of each month thereafter for the duration of
the extended term.
C. Additional Rent. Any other sums of money or charges to be paid by
the Tenant pursuant to the provisions of any other sections of this Lease
shall be designated as "Additiona1 Rent". (See Addendum}
D. Interest. If any rent or additional rent is not paid when due
interest shall be due on the amount remaining to be paid at the rate of 14%
per annum or the maximum interest rate permitted under law, whichever is
the lesser, from the date such amount was due until such rent or additional
rent is paid.
6. Real Estate Taxes. Omitted
A. Tenant's Proportionate Share. Omitted
B. When Due. Omitted
C. Fractional Year. Omitted
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7. Insurance. Omitted
A. Hazard Insurance. Omitted
B. Public Liability. Omitted
C. General. Omitted
8. Utilities. Tenant shall pay before delinquency all charges for water,
gas, heat, electricity, power, telephone service, sanitary sewer (including
cleaning), and other similar charges incurred by Tenant with respect to and
during its Lease of the Demised Premises.
9. Common Areas Maintenance and Costs.
A. Maintenance of Common Areas. Landlord shall operate and maintain
the Common Areas during the term of this Lease in good order and repair in
accordance with reasonable standards of shopping center cleanliness and
maintenance.
B. Cost of Common Area Maintenance. Omitted
C. Definition of Costs of Common Area Maintenance. Omitted
10. Maintenance and Repair - Demised Premises.
A. By Tenant. Tenant shall repair and maintain in good order and
condition all interior portions, including the maintenance of the building
service facilities such as the wiring, plumbing, heating and air
conditioning systems, and all glass, including plate glass, exterior doors
and automatic door operators of the Demised Premises.
B. By Landlord. Landlord at all times will keep and maintain the
exterior and structura1 parts of the building, including but not limited
to, the roof, the walls (except interior painting or decorating, and
excepting any plate glass], floors (except floor covering), foundation,
canopy, sewers and utility services, unless any such repair or replacement
thereof is occasioned by reason of acts of neglect of Tenant, its agent,
servants or employees.
11. Alterations. Tenant, at its own expense during the term of this Lease,
may make such nonstructural alterations to the interior of the Demised Premises
it deems appropriate, provided that: (i) the structural integrity of the Demised
Premises shall not be affected or diminished; (ii) the value of thereby
diminished; and (iii) the exterior appearance (including the store front) is not
thereby altered or changed. In all other instances, Tenant shall secure prior
written approval and consent
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of Landlord before making any alterations, which consent shall not be
unreasonably acceptable to Landlord. At the time Landlord's approval of any
alterations is sought, Tenant shall submit to Landlord plans and specifications
for such work, together with a statement of the estimated costs of such work.
All such alterations shall be completed in a good and workmanlike manner with
first-class materials. Tenant shall make no additions or alterations whatsoever
to the exterior of the Demised Premises without the prior written consent of
Landlord. Upon the termination of this Lease any additions or alterations made
to the interior of the Demised Premises by Tenant shall remain a part of the
Demised Premises and be surrendered therewith.
12. Tenant's Assignment or Subletting. Provided that Tenant is not then in
default under any term of this Lease, Tenant shall have the right, with
Landlord's written consent, to assign this Lease or to sublet any portion of the
Demised Premises to any third party. Any assignment by Tenant shall be subject
to those limitations in uses provided for in any agreement declaring
restrictions to the use and operation of the Shopping Center and further subject
to any provisions of leases with other tenants of the Shopping Center
prohibiting competing uses with their use of the Shopping Center. In the event
of any assignment or subletting, Tenant shall remain liable for all rent
payments due and for all covenants and obligations of Tenant under this Lease.
13. Damages to or Destruction of Demised Premises. If the Demised Premises
or any portions thereof are so damaged or destroyed by fire or other casualty so
as to render the Demised Premises unfit for occupancy, and the Demised Premises
cannot reasonably be repaired and restored within one hundred eighty (180)
calendar days from such damage, then Tenant and Landlord shall have the right of
cancelling this Lease by giving written notice to the other within thirty (30)
days of such damage, and the proceeds of the fire and extended coverage
insurance policy shall be paid to and be the sole property of Landlord. Tenant
shall be entitled to receive a prorated refund of any rent and other charges
paid in advance. If Tenant elects not to give notice of cancellation or if
damage is such that the Demised Premises can be restored/repaired within 180
calendar days, then Landlord shall repair and restore the Demised Premises to
the former condition just prior to the loss, and the insurance proceeds shall be
applied to such repairs and restoration. From the date of such fire or casualty
until the Demised Premises are restored in accordance with the provisions set
forth above, Tenant shall pay only such portion of rent accruing from time to
time as the value of the portion of the Demised Premises not made untenantable
by reason of such casualty shall bear to the value of the Demised Premises
hereby leased.
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14. Condemnation.
A. Complete Taking. In the event that the whole of the Demised
Premises are taken for public or quasi-public purposes by the government of
the United States, the State of Nebraska, the City of Lincoln, or any
government or power whatsoever, or by any corporation under the right of
eminent domain, or should the whole of the Demised Premises be condemned by
any court, city, county, state or governmenta1 authority of office,
department or bureau of any city, county, state or of the United States,
then in any such event this Lease shall terminate as of the date title to
the Demised Premises vests in the condemning authority. For the purposes
hereof, such date of vesting in the condemnor terminating this Lease shall
operate as though it were the date originally intended by the parties for
expiration of the tenancy created hereunder, and the rent reserved herein
shall be adjusted in the light of the condemnation, so that Tenant shall
pay rent to Landlord only up to the date of vesting in the condemnor. Any
prepaid or advance rental or other amounts to be paid by Tenant under this
Lease paid by Tenant to Landlord or third party for that part of the term
extending beyond the date on which the title vests in the condemnor shall
be refunded within three (3) days after Landlord has received an award of
just compensation from the condemning authority for the taking of the
Demised Premises, provided Tenant shall have duly performed all the
covenants and conditions of this Lease by it to be performed.
B. Generally. It is recognized by both parties that the Landlord and
Tenant each shall have separate rights of damages against the public
authority on account of any condemnation or taking under the power of
eminent domain of any part or all of said Demised Premises, and it is
expressly provided herein that neither party waives or forgoes any claim it
may have on behalf of its property or leasehold value.
15. Permitted Use. No portion of the Demised Premises shall be used for (i)
any purpose or use which would diminish the value of said property, or (ii) any
use prohibited by any agreement running with the land declaring restrictions on
use. The Demised Premises may otherwise be used for any lawful purpose.
16. Covenant Against Mechanics Liens. Tenant shall do all things necessary
to prevent the filing of any mechanic's other liens against the Demised
Premises, or the interest of any mortgages or holders of any deed of trust
covering the Demised Premises by reason of any work, labor, services performed
or any materials supplied or claimed to have been performed or supplied to
Tenant, or anyone holding the Demised Premises, or any part thereof, through or
under Tenant. If any such lien shall at any
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time be filed, Tenant shall either cause the same to be vacated and cancelled
or record within thirty (30) days after the date of the filing thereof or, if
Tenant in good faith determines that such lien should be contested, Tenant shall
furnish such security by surety bond or otherwise as may be necessary or be
prescribed by law to release the same as a lien against the real property and to
prevent any foreclosure of such lien during the pendency of such contest. If
Tenant shall fail to vacate or release such lien in the manner and within the
time period aforesaid, then, in addition to any other right or remedy of
Landlord resulting from Tenant's said default, Landlord may, but shall not be
paying the amount claimed to be duo or by procuring the release of such lien by
giving security, or in such other manner as may be prescribed by law. Tenant
shall repay to Landlord, on demand, all sums disbursed or deposited by Landlord
pursuant to the foregoing provisions of this paragraph, including Landlord's
cost and expenses and reasonable attorney's fees incurred in connection
therewith. However, nothing contained herein shall imply any consent or
agreement on the part of the Landlord, Landlord's mortgagees or holds of deeds
of trust of the Demised Premises to subject their respective estates or interest
to liability under any mechanic's or other lien law, whether or not the
performance or the furnishing of such work, labor, services or materials to
Tenant or anyone holding the Demised premises, or any part thereof, through or
under Tenant, shall have been consented to by Landlord and/or any of such
parties.
17. Fixtures and Machinery. It is mutually agreed that all personal
property on the Demised Premises, including merchandise of every kind, nature
and description, furnishing, equipment, trade fixtures and including
refrigeration equipment (but expressly including air conditioning equipment and
heating equipment, except air condition equipment installed by the Tenant, if
any) and all other property hereafter placed or kept on the Demised Premises by
Tenant, are and shall continue to be the sole property of the Tenant, unless the
same shall have been installed to replace equipment previously installed by
Landlord. Tenant may, during the term of this Lease or any extensions thereof
remove any furniture, fixtures or equipment as it may so desire, provided Tenant
sha11 repair all damages resulting from such removal, as nothing herein is
intended to impose any such removal, as nothing herein is intended to impose any
restrictions on the use of the furniture, fixtures or equipment an the Tenant
may deem necessary or desirable in the operation of its business.
18. Quiet Enjoyment. Landlord covenants that Landlord is the sole owner in
fee simple of or has a leasehold interest in the Demised Premises, has good and
marketable title thereof, and has full right to lease the Demised Premises for
the term aforesaid, and for the term of all extensions permitted to the Tenant
hereunder, and that Tenant upon payment of rent and performing Tenant's
obligations in this Lease may peaceably and quietly have, hold, and enjoy the
said Demised Premises for the
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said term and all extentions thereof until terminated an provided in the Lease.
l9. Subordination. Landlord may assign its rights under this Lease as
security to the holders of one or more mortgages, trust deed or other
encumbrance now or hereafter in force against all or any part of the land or
improvements constituting the Demised Premises of the Shopping Center. Upon the
request of Landlord, Tenant will subordinate its rights hereunder to the lien of
one or more mortgages, trust deed or other encumbrance now or hereafter in force
against all or any part or the land improvements constituting the Demised
Premises or the Shopping Center, and to a11 advances made or hereafter to be
made upon the security thereof; provided, however, that any such mortgage, deed
of trust or other security document shall provide that the secured party, in the
event of its acquiring title to the Demised Premises or the Shopping Center,
whether through foreclosure, judicial process or otherwise, shall recognize the
validity of this Lease and shall honor the rights of Tenant hereunder so long as
Tenant (a) is not in default under this Lease at the time such secured party
acquired title to the Demised Premises or the Shopping Center and (b) agrees to
attorn to such mortgagee as if it were the original Landlord hereunder.
20. Tenant's Default. If Tenant defaults in the payment of any rent or
other sums due and payable to Landlord under this Lease and such default
continues for a period of ten (10) days after written notice of such default has
been given by Landlord to Tenant, or if Tenant shall violate or default in the
performance of any covenants, agreements, stipulations or other conditions
contained herein (other than the payment of rent and other sums payable under
this Lease) and such violation or default continues for a period of thirty (30)
days after written notice of such violation or default has been given by
Landlord to Tenant, or, in the case of a default not curable within thirty (30)
days, if Tenant shall fail to commence to cure the same within thirty (30) days
and thereafter proceed diligently to complete the cure thereof, then Landlord at
its option may reenter and repossess the Demised Premises with or without
process of law, declare this Lease terminated and the term of this Lease ended
forthwith, or pursue any other remedy available under law. Landlord may use such
legal force as may be necessary to remove all persons and property then located
in the Demised Premises. Landlord shall have full and uncontested right to take
possession of Tenant's fixtures, inventory and other property in or about the
Demised Premises, holding the same as additional security for the rent and other
sums due hereunder. Notwithstanding such reentry and repossession by Landlord
and the holding of such fixtures, inventory or other personal property, the
liability of Tenant for the payment of the rent and other sums due hereunder and
for the performance of Tenant's other obligations hereunder for the balance or
the term of this Lease shall not be relinquished or extinguished and Landlord at
any time may commence one or more actions to collect any sums due
8
from Tenant under this Lease. In the event of any such reentry and repossession,
Landlord may deem appropriate and any such reletting shall not relieve Tenant of
any of its obligations to Landlord under this Lease, except to the extent of any
net rentals actually received by Landlord from such reletting after deducting
all of Landlord's expense, including but not limited to legal expenses,
brokerage commissions and the costs of remodeling the Demised Premises so as to
render it suitable for reletting.
21. Signs. Tenant shall have the right to attaching, affixing, painting or
exhibiting signs on the Demised Premises, provided only (a) that any and all
signs shall comply with the ordinance of the city or municipality in which the
property is located and the laws of the State of Nebraska; (b) such signs shall
not change the structure of the building; (c) such signs if and when taken down
shall not damage any buildings; and (d) such signs shall be subject to the
written approval of the Landlord, which approval shall not be unreasonably
withheld.
22. Waiver of Subrogation. Neither Landlord nor Tenant shall be liable to
the other for any business interruption or any lose or damage to property or
injury or death of persons occurring on the Demised Premises or in any manner
growing out of Tenant's use of the Demised Premises, whether or not caused by
the fault or negligence of the Landlord or Tenant, or their respective agents,
employees, subtenants, licensees or assignees. This release shall apply only to
the extent that such business interruption, loss or damage to property, or
injury or death of persons is covered by insurance maintained by the Landlord or
Tenant, and to the extent that recovery is made of proceeds thereunder, and
regardless of whether such insurance protects the Landlord or Tenant or both.
Nothing herein shall be construed to impose any other or greater liability upon
either of the parties to this Lease than would have existed in the absence of
this paragraph. This paragraph shall be effective only so long as its provisions
do not adversely affect the right of the insured, whether Landlord or Tenant or
both, to recover under the applicable policy or policies of insurance, and if
prohibited under the terms of such policy or policies, shall be deemed wholly
without force or effect.
23. Estoppe1 Certificates. Tenant, from time to time upon written request
from Landlord, agrees to execute, acknowledge, and deliver to Landlord, in form
reasonably satisfactory to Landlord and/or Landlord's mortgagee, a written
statement certifying that Tenant has accepted the Demised Premises, that this
Lease is unmodified and in full force and effect or, if there have been
modifications, that this Lease is in full force and effect as modified, setting
forth the modifications, that Landlord is not in default hereunder, the date to
which the rent and other amounts payable by Tenant have been paid in advance, if
any, and such additional facts as reasonably may be required by Landlord or
Landlord's mortgagee. Tenant understand and agrees
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that any such statement delivered pursuant to this paragraph may be relied upon
by any prospective purchase of the Demised Premises, any prospective; mortgagee
of the Demised Premises and their respective successors and assigns.
24. Surrender of Premises at End of Term. Tenant agrees that upon the
termination of this Lease it will surrender, yield up and deliver the Demised
Premises in good and clean condition, except the effects of reasonable wear and
tear and depreciation arising from lapse of time, or damage without fault or
liability of Tenant. Tenant shall remove its inventory, equipment, furniture,
trade fixtures. Any personal property or fixtures which Tenant in its discretion
elects not to remove shall be presumed to be abandoned and shall thereupon be
the property of Landlord. Nothing herein in to be construed to require that
Tenant remove any property which has become a fixture of the Demised Premises.
25. Paragraph Titles. The Titles of the various paragraphs of this Lease
have been inserted as a matter of convenience and for reference only, and shall
to be deemed in any manner to define, limit or describe the scope or intent of
the particular paragraphs to which they refer or to affect the meaning or
construction of the language contained in the body of such paragraphs.
26. Severability. If any provision of this Lease shall be declared legally
invalid or unenforceable, then the remaining provisions of this Lease
nevertheless shall continue in full force and effect and shall be enforceable to
the fullest extent permitted by law.
27. Time to Essence. Time is of the essence of this Lease, and all
provisions of this Lease relating to the time of performance of any obligation
under this lease shall be strictly construed.
28. Governing Law. This Lease shall be governed by and construed in
accordance with the laws of the State of Nebraska.
29. Multiple Counterparts. This Lease may be executed in multiple
counterparts, each of which shall be deemed to be an original for all purposes.
30. Definitions. Except as otherwise expressly stated in this Lease, the
"term" of this Lease shall include the original term and any additional term as
to which Tenant exercises its options, if any, and references to this "lease"
shall include this instrument and any properly executed amendment thereof or
supplement thereto.
31. Waivers. One or more waivers by Landlord or Tenant of breach of any
covenant or condition by the other of them shall
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not be construed as a waiver of the subsequent breach of the same covenant or
condition, and the consent or approval by Landlord or Tenant to or of any act by
either requiring the other's consent or approval shall not be deemed to waive
or render unnecessary either part's consent to or approval of any subsequent
similar act by the other party.
32. Binding Agreement. All rights and liabilities herein given to or
imposed upon the respective parties hereto shall extend to and bind the
respective heirs, executors, administrators, personal representatives,
successors and assigns of such parties. No rights, however, shall inure to the
benefit of any assigns of Tenant unless the assignment thereof to such assignee
has been approved by Landlord in writing, if such approval is required by this
Lease.
33. Short-Form-Lease. Both parties agree not to record this Lease but to
execute a "short form" of lease in form recordable and reasonably satisfactory
to Landlord's attorney. In no event shall such "short form" lease set forth the
rental and other charges payable by Tenant under this Lease, and any such "short
form" lease sha11 expressly state that it is executed pursuant to the provisions
contained in this Lease and is not intended to vary the terms and conditions of
this Lease. Upon completion of the recording and/or filing of such short form
lease and agreement, if any, they shall be delivered to Tenant, and if
necessary, such recordings and/or filings shall be made in duplicate so that
recorded and/or filed counterparts thereof may so be delivered to Tenant.
34. Relationship of Parties. Nothing contained in this Lease shall be
deemed or construed by the parties hereto or by any third party to create the
relationship of principal and agent or of partnership or of joint venture
between the parties hereto, computation of rent, nor any other provision
contained herein, nor any acts of the parties hereto shall be deemed to create
any relationship between the parties hereto other than the relationship of
Landlord and Tenant.
35. Notices. Whenever under this Lease a provision is made for notice of
any kind, such notice and the service thereof shall be seemed sufficient if such
notice to Tenant and Landlord is in writing addressed to Tenant and Landlord at
the address shown in the preamble to this Lease. Either party may be notice to
the other party change the address at which it wishes to receive any notice
given under this Lease.
36. Delays in Performance. The performance by Landlord and Tenant of any of
their respective obligations or undertakings provided for in this Lease, shall
be excused and no default shall be deemed to exist in the event and so long as
the performance of any such obligation or undertaking is prevented, delayed,
retarded or hindered by any act of God, fire, earthquake, flood, explosion,
action of the elements, war, riot, failure of
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transportation, strikes, lockouts, action of labor unions, condemnation, laws,
orders of government or civil or military authorities, inability to procure
labor, equipment, matarials or supplies in the open market, or any other cause
directly beyond the control of Landlord or Tenant, as the case may be.
37. Indemnification. Landlord and Tenant agree to indemnify and defend each
other against and to hold each other harmless from any and all claims or demand
of any third party arising from or based upon any alleged act, omission or
negligence of the indemnifying party or its contractors, concessionaires,
licensees, agents, servants, invitees, employees or any one else for whom the
indemnifying party may be responsible. In the event that either party shall
without fault on its part be made a party to any litigation commenced by any
third party against the other party, then such other party shall protect and
hold the party harmless from and with respect to such litigation, and shall pay
all costs, expenses and attorneys' fees incurred or paid by the party without
fault in connection with such litigation, together with any judgments rendered
against the party without fault.
38. Cumulative Rights. The rights, options, elections and remedies of both
parties contained in this Lease shall be cumulative and may be exercised on one
or more occasions and none of them shall be construed as excluding any other or
any additional right, priority or remedy allowed or provided by law.
39. Holdover. In the event that Tenant remains in possession of the Demised
Premises after the termination of this Lease without the exercise of any option
to extend the term of this Lease or without the execution of a new Lease, then
Tenant shell be deemed to be occupying the Demised Premise as a tenant from
month to month, subject to all of the conditions, provisions and obligations of
this Lease, but without any rights to extend the term of this Lease.
40. Entry by Landlord. Landlord shall have the right to enter upon the
Demised Premises at all reasonable hours for the purpose or inspecting the
Demised Premises or for any other lawful purpose; provided, however, that such
entry shall not unreasonably interfere with the conduct of Tenant's business.
41. Execution Required. The submission of this document for examination
does not constitute an offer to lease or a reservation of or option for the
Demised Premises and shall become effective only upon execution by both Tenant
and Landlord.
42. Number and Gender. Where the context of this Lease requires, singular
words shall be read as if plural, plural words shall be read as if singular and
words of neuter gender shall be read as if masculine or feminine.
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43. Entire Agreement. Tenant and Landlord hereby agree that this Lease as
written represents the entire agreement between the parties hereto and that
there are not other agreements, written or verbal, between the parties hereto
pertaining to the Demised Premises or the subject matter hereof. This Lease may
not be amended or supplement orally but only by an agreement in writing which
has been signed by the party against whom enforcement of any such amendment or
supplement is sought.
44. Local Regulations. Tenant will comply with all lawful requirements of
the local board of health, police, fire department and governmental authorities
respecting the manner in which it uses the Demised Premises. The Tenant at its
expense will supply any apparatus, appliance or material and w111 have done any
work for, in, or about the Demised Premises which may be required or ordered by
any law or lawful authority.
45. Corporate Tenant. The persons executing the Lease on behalf of Tenant
hereby covenant, represent and warrant that Tenant is fully incorporated, that
the corporation is in good standing and that the person(s) executing this Lease
on behalf of Tenant is an officer or are officers of such Tenant, and that he or
they as such officert(s) is/are duly authorized to sign and execute this lease.
A copy of a resolution for such authority shall be supplied to Landlord upon
request.
46. Consent. In any instance where the consent or approval of either party
is required under the term of this Lease, such consent or approval shall not be
unreasonably withheld. Landlord and Tenant agree to execute and deliver any
instruments in writing necessary to carry out and agreement, term, conditions or
assurance in this Lease whenever occasion shall arise and request for such
instruments shall be made.
47. Deposit. Tenant has placed $___________ upon signing with landlord to
be used by landlord in the event tenant should cause any damage (excepting
normal wear) or an application for monetary or other defaults. This deposit will
not bear any interest nor will it be placed in a separate account.
48. Landlords work shall consist of the following only as indicated in
Rider C.
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IN WITNESS WHEREOF, the parties hereto have set their hand this date May
24, 1996.
LANDLORD: TENANT:
/s/ Xxxxxx Xxxxxxxx /s/ Xxx Xxxx
--------------------------- ----------------------------
Xxxxxx Xxxxxxxx Xxx Xxxx d/b/a Docutech
ACKNOWLEDGMENT
STATE OF NEBRASKA )
) ss.
COUNTY OF LANCASTER )
I, Xxxxxx X Xxxxxxxx, a Notary Public DO HEREBY CERTIFY that Xxx Xxxx and
________________ of Docutech who (is) personally know to me to be the same
person whose name (is) subscribed to the foregoing instrument appeared before me
this day in person and acknowledged that (he) signed, sealed and delivered the
said instrument as (his) free and voluntary act for the uses and purposes
therein set forth.
Given under my hand and notarial seal, this 24th day of May, 1996.
/s/ Xxxxxx X. Xxxxxxxx
----------------------------
Notary Public
My commission expires March 27, 2000
GENERAL NOTARY - State of Nebraska
XXXXXX X. XXXXXXXX
My Comm. Exp. March, 2000
14
ACKNOWLEDGMENT
STATE OF NEBRASKA )
) ss.
CoUNTY OF LANCASTER )
I, Xxx X. Xxxxxx, a Notary Public DO HEREBY CERTIFY that Xxxxxx Xxxxxxxx of
Lincoln, NE who (is) personally known to me to be the same person whose name
(is) subscribed to the foregoing instrument appeared before me this day in
person and acknowledged that (she) signed, sealed and delivered the said
instrument as (her) free and voluntary act for the uses and purposes therein set
forth, all as President of Fortune Palace, Inc. a Nebraska corporation, on
behalf of the corporation.
Given under my hand and notarial seal, this 11 day of July, 1996.
/s/ Xxx X. Xxxxxx
----------------------------
Notary Public
GENERAL NOTARY - State of Nebraska
XXXXXX X. XXXXXX, XX.
My Comm. Exp. March, 1999
My commission expires Xxxxx 0, 0000
Xx commission expires _______________
15
EXHIBIT A
Legal Description:
Xxx 0, Xxxxx 0, Xxxx-Xxxxx Addition & Lot "A", Xxxxx Industrial Plaza Sub
of Xxx 0
00
Xxxxx X
0. Xxxxxxxx will do all the interior improvements to the space to be
finished.
2. Landlord will give $10 per yard flooring allowance for the 4,000
square feet finished space (which equals $4,450.00). Any additional costs for
the flooring will be at the Tenant's expense.
3. Unfinished space shall have one (1) existing overhead unit heater. If
Tenant decides to finish the unfinished area at his own expense, the Landlord
will provide the furnace and A/C units adequate to heat and cool the existing
unfinished area.
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