EXECUTIVE SUITES LEASE
THIS LEASE
is made April
1,
2001
between
ASP MV, L.L.C., (“Landlord”), and
Freedom
Financial Mortgage Corporation (“Tenant”).
WITNESSETH
WHEREAS,
Landlord operates a suite of executive offices called Cypress Point Executive
Suites (“Suites”) in a building located at 10014 X. Xxxx Xxxxx Highway
(“Building”), which is located within an office park known as Cypress Point
Office Park located at 10004-10014 Xxxxx Xxxx Xxxxx Xxxxxxx, Xxxxx, Xx 00000
(Project”).
WHEREAS,
Landlord agrees to furnish and or make available those office services normally
and customarily used in executive offices, which are hereinafter specifically
described and such additional services may be specifically agreed to;
and
NOW,
THEREFORE, in consideration of the mutual covenants and agreements set forth
herein, Landlord and Tenant hereby agree as follows:
1. |
Term.
Landlord leases to Tenant and Tenant accepts and agrees to lease
executive
office suite number 5
(“The Premises”) within the suites as depicted on schedule 1. The term of
this Lease shall commence April
1, 2001
and shall terminate on June
30,
2001 continuing Month to Month thereafter. If Landlord does not deliver
possession of the Premises to Tenant on the commencement date because
a
prior tenant has failed to vacate the premises, Landlord shall not
be
subject to any liability for such failure, but the commencement date
and
the payment of rent shall be deferred until delivery of
possession.
|
2. |
Base
Rent and Security Deposit. Tenant agrees to pay to Landlord as
rental for the Premises the total sum of $460.00
per month (“Base Rent”), plus applicable sales tax, during the term, which
shall be payable monthly in advance on the first day of each month.
Monthly installments for any fractional calendar month, at the beginning
or end of the term, shall be prorated based on the number of days
in such
month. The monthly Base Rent shall entitle the Tenant to the use
of the
premises and the services included in the monthly Base Rent as shown
on
Schedule 2. “Regular Business Hours,” as used in this Lease, means 8:30
a.m. to 5:00 p.m., Monday through Friday, except Memorial Day, Fourth
of
July, Labor Day, Thanksgiving Day, the Friday after Thanksgiving
Day,
Christmas Day, New Year’s Day and all other national holidays observed by
Landlord. Landlord will notify Tenant of annual holidays
observed.
|
Upon
execution of this Agreement, Tenant shall pay to Landlord security deposit
which
shall be in the amount of $491.05
(“Deposit). It is agreed that Landlord, at Landlord’s option, may at the time of
any default by Tenant under any of the terms, provisions, covenants or
conditions of this Lease, apply sums payable by Tenant under this Lease and
Tenant shall thereby be discharged only pro tanto; that Tenant shall remain
liable for any amounts that such sum shall be sufficient to pay; that Landlord
may exhaust any or all rights and remedies against tenant before resorting
to
said sum.
3. |
Services. Tenant
acknowledges and agrees that in order for Landlord to have available
to
Tenant the services provided herein, it is necessary for Landlord
to
secure equipment and personnel on a full-time basis and incur the
cost
thereof. Accordingly all secretarial services, photocopies, postage,
word
processing, mailing services, and facsimile services, and such other
services (“Services”) as may from time to time be provided by Landlord
shall be available to the Tenant at the rates established by the
Landlord
from time to time. The Landlord reserves the right to increase the
charges
for these additional services as necessary upon thirty (30) days
prior
written notice. The charges for these services shall be invoiced
monthly
and shall be due and payable upon receipt of invoice by the
Tenant.
|
1
Tenant
shall use only telephone equipment and systems as provided by Landlord. Tenant
agrees to pay a monthly equipment rental fee for the use of each telephone
in
the amount of $25.00
per
month
for an Executone 17 key digital telephone or $35.00
per
month for an Executone 28 key digital speaker phone. Any additional telephones
will be at the rate of $15.00
per
month.
Base
Rent, charges for services under this paragraph 6, together with all other
amounts payable by Tenant to Landlord under this Lease, including, without
limitation, any late charges shall be deemed to be “Rent”.
4. |
Late
Charges. All Payments for Base Rent shall be paid on or before
the first day of the month in which they are due and in the event
same is
not paid by the fifth day of the month in which they are due, Tenant
shall
owe a late payment service charge of ten percent (10%) of the amount
due, in addition to Base Rent, or $25.00, whichever is greater. If
charges for Services are not paid within five (5) days after billing,
they
are also subject to a ten percent (10%) late payment service charge.
Tenant agrees that a $25.00 service charge per check may be added
by
Landlord in the event any check tendered by Tenant is returned for
any
reason. This S25.00 service charge shall be in addition to any late
payment service charge that may be
due.
|
5. |
Use.
Tenant shall have the right to occupy and use the Premises for general
business office purposes only related specifically to the Tenant’s
business of
Mortgage Brokerage and
for no other purpose (including but not limited to the purpose of
food or
sleeping quarters or any other form of lodging or residential activity)
and solely by the Tenant. Tenant agrees not to use or permit the
use of
the Premises for any purpose which is illegal, or which, in Landlord’s
opinion, creates a nuisance or disturbance to any occupants of the
Suites
or the Building or the Project, or which would increase the cost
of
Insurance coverage for the Premises, the Suites, the Building or
the
Project. Tenant agrees to refrain from using any electrical devices
using
more than 0.25 Kilowatt hour at rated capacity, without the prior
written
permission of Landlord. There may be a surcharge for using high energy
electrical devices. If, after execution of this Lease or at any point
during the Term, Tenant increases the number of persons occupying
the
Premises, only with Landlord’s prior written approval, a rental adjustment
of $50.00 per person will be
made.
|
6. |
Utilities
and Building Services. Landlord will make any repairs to the
Premises as it deems necessary, and Landlord will furnish, during
Regular
Business Hours, electricity for lighting and normal office use, common
restroom facilities, and heating and air conditioning. Landlord shall
not
be liable for any damage for failure to furnish such services if
such
failure is caused by breakage, repairs, strikes or other cause, similar
or
dissimilar, beyond the reasonable control of Landlord; nor shall
Landlord
be liable under any circumstances for loss or injury to persons or
property resulting from fire, explosion, water damage, rain or snow
or any
other casualty of any nature.
|
7. |
Tenant
Improvements. Unless otherwise expressly agrees to in writing by
Landlord, Landlord shall have no obligation to construct any tenant
improvements in the Premises and Tenant accepts the Premises “as
is”.
|
8. |
Insurance. Tenant
shall, from the date on which it takes possession of the Premises
even
if
such date precedes the commencement of the Term, and throughout the
Term,
procure and carry at its expense comprehensive liability insurance
and
contents insurance in the amount of $300,000.00 on the Premises with
an
insurance company authorized to do business in Florida and acceptable
to
Landlord. Such insurance shall be carried in the name and for the
benefit
of Tenant and Landlord. Upon occupancy, a Certificate of Insurance
shall
be delivered to Landlord naming Landlord additionally
insured.
|
2
9. |
Assignment
and Subleasing. Tenant
shall not assign this Lease or sublet the Premises or permit the
use of
the Premises by others without the prior written consent of Landlord
which
shall not be unreasonably withheld. However, Landlord may exercise
assignment of this Lease without permission of
Tenant.
|
10. |
Relocation.
Landlord expressly reserves the right at Landlord’s sole cost and expense
to relocate Tenant in some other space of Landlord’s choosing of
approximately the same dimensions and size within the
Suites.
|
11. |
Fire
or Other Casualty. In the event the Premises, the Suites, or the
Building should be totally destroyed by fire, tornado or other casualty
or
be so damaged that rebuilding or repairs cannot be completed within
sixty
(60) days after date of such damage, either Tenant or Landlord may,
at its
option terminate this Lease. In the event the Premises, the Suites,
or the
Building should be so damaged to the extent that rebuilding or repairs
cannot be completed within sixty (60) days after the date of such
damage,
Landlord may, at its option, elect to terminate this Lease or within
thirty (30) days after such damage, notify Tenant of Landlord’s intent to
repair the Premises in which event the Base Rent shall be abated
for the
period of time in which such Premises are not available for occupancy
by
Tenant.
|
12. |
Waiver
of Certain Claims. Tenant,
to the extent permitted by law, waives all claims it may have against
Landlord, and against Landlord’s agents and employees for any damages
sustained by Tenant or by any occupant of the Premises, or by any
other
person, resulting from any cause arising at any time, except for
any loss,
cost injury or damage caused by any act of negligence by Landlord,
its
agent and employees. Tenant agrees to hold Landlord harmless and
indemnified against any expense, loss or liability paid, suffered
or
incurred, including attorney fees, as a result of any breach by Tenant,
its agents, customers or visitors of any agreement in this Lease,
or as a
result of Tenant’s use or occupancy of the Premises, or the carelessness,
negligence or improper conduct of Tenant, its agents, customers or
invitees.
|
13. |
Limitation
of Landlord’s Liability. The
obligation of Landlord under this Lease do not constitute personal
obligations of the individual partners, shareholders, directors,
officers,
employees or agents of Landlord, and Tenant shall look solely to
Landlord’s interest in the Premises and to no other assets of Landlord for
satisfaction of any liability in respect of this Lease. Tenant will
not
seek recourse against the individual partners, shareholders, directors,
officers, employees or agents of Landlord or any of their personal
assets
for such satisfaction. Notwithstanding any other provisions contained
herein, Landlord shall not be liable to Tenant, its contractors,
agents or
employees for any consequential damages or damages for loss of
profits.
|
14. |
Mutual
Covenants. In
the event that either Tenant or Landlord does not wish to continue
said
Lease, either shall give notice in writing to the other at least
thirty
(30) days before the date it wishes to terminate the Lease and to
have the
Tenant vacate the premises.
|
15. |
Default. Each
of the following acts, omissions or occurrences of Tenant shall constitute
an “Event-of-Default”:
|
A.Failure
to pay any sum due pursuant to the terms of this Lease after five (5) days
written notice.
3
B. Failure
to perform or observe according to its terms any covenant contained in this
Lease; or any other instrument or document executed in connection with this
Lease.
C. Failure
to strictly observe and comply with any other term of this Lease and such
failure continues after fifteen (15) days written notice.
D. Commission
of any act of bankruptcy, becoming insolvent, making an assignment for the
benefit of creditors, causing to be appointed, with or without the consent
of
the Landlord, a receiver, trustee or liquidator to oversee or dispose of any
of
the assets of the Tenant.
16. |
Remedies. Upon
the occurrence of an Event of Default by Tenant, Landlord shall have
the
option to pursue any one or more of the following remedies without
any
notice or demand for possession
“whatsoever:
|
A. Elect
that the Rent due hereunder be accelerated and the entire amount of remaining
Rent be due immediately, plus any past due amounts.
B. Terminate
all Services to include any and all of Schedule2 (Services).
C. Enter
upon Tenant’s Premises and take immediate possession.
D. In
addition to the statutory Landlord’s lien, the Landlord shall have at all times,
and Tenant hereby grants to Landlord, a valid security interest to secure the
payment of all Rent and other sums due or to become due to Landlord from Tenant
and to secure the payment of any damages or losses which Landlord may suffer
by
reason of any breach by Tenant and of any covenant, agreement or condition
contained herein, including a lien upon all goods, wares, equipment, fixtures,
furniture and other personal property of the Premises presently located on
or
which may hereafter be situated in the Premises presently located on or which
may hereafter be situated in the Premises, and all proceeds therefrom. Landlord
shall have all rights and remedies as provided by Florida law. The requirement
of reasonable notice shall be met if such notice is given at least five (5)
days
before the time of any sale or the occurrence of any other event for which
is
required. Furniture or equipment rental from the Landlord or the Landlord’s
vendor remains the property of the Landlord or the vendor.
E. Exercise
any and or all other remedies available to Landlord at law or in equity,
including, without limitation, injunctive relief, attorney’s fees and
costs.
17. |
Attorney’s
Fees. If
any action or proceeding is brought by either party against the other
pertaining to or arising out of this Lease, the prevailing party
shall be
entitled to recover all costs and expenses, including reasonable
attorneys’ fees, incurred on account of such action or
proceeding.
|
18. |
Restrictions. Tenant
will not bring a copy machine, telephone system, any manner of word
processing, data processing equipment or any other similar type of
equipment except personal computers into the office without the prior
written approval of Landlord, nor will Tenant hire any secretary
and/or
typist to work in the Suites at any time whether full or part-time
during
regular business hours or after hours without prior written approval
of
Landlord. Landlord shall have sole and absolute discretion in refusing
and/or permitting the above.
|
19. |
Other
Terms and Conditions. The parties agree as
follows:
|
A. Tenant
will not damage or deface the furniture, walls, floors, carpeting or ceilings,
or make
any
unlawful, improper or offensive use of the Premises, obstruct hallways and
other
common areas, nor commit any act which may damage the Building or Project or
disturb the quiet enjoyment of any other tenant. Tenant further agrees to
provide, at Tenant’s sole cost and expense, and utilize a plastic chair mat of
the type normally used to protect carpet. Damage to the carpet from failure
to
use a chair mat shall not be considered normal wear and tear and Tenant shall
be
responsible for such damages, including, but not limited to, the cost of
replacement of the entire carpet in the Premises. At the termination of this
Lease, Tenant shall return the Premises in as good condition as when Tenant
took
possession, normal wear and tear excepted.
4
B. Landlord
shall have the right at all reasonable times to enter the Premises to inspect
the same, to make such repairs and alterations in accordance with this Lease
and
(within sixty (60) days prior to termination of this Lease) to show the Premises
to prospective tenants provided Landlord shall use reasonable efforts not to
disrupt Tenant’s business.
C. Any
notice hereunder shall be in writing and deemed duly given if delivered or
mailed to Tenant’s or Landlord’s address as shown below, or to such address as
may be specified in writing by either party.
1) If
intended for Tenant:
Freedom
Financial Mortgage Corporation
000
X.
Xxxx Xx
Xxxxx
000
Xx.
Xxxxx. Xxxxxxx 00000
2) If
intended for Landlord:
ASP
MV,
L.L.C.
c/o
Terrabrook
0000
XXX
Xxxxxxx
Xxxxx
0000
Xxxxxx,
XX 00000
With
a copy to:
ASP
MV,
L.L.C.
c/o
Cypress Point Executive Suites
00000
Xxxxx Xxxx Xxxxx Xxxxxxx
Xxxxx
000
Xxxxx,
XX
00000
or
to
such other address which any party entitled to receive notice hereunder has
designated to the other in writing.
D. Tenant
agrees that any personal property brought into the Premises is done so at
Tenant’s own risk and if any loss/damage occurs, Landlord is not
liable.
E. If
Tenant
fails to pay Rent promptly when due, abandons the Premises or otherwise defaults
in complying with this Lease, Landlord shall be entitled to immediate possession
of the Premises and reasonable damages, including any court cost or reasonable
attorney fees incurred by Landlord in attempting to collect rent, damages and
in
regaining possession.
F. This
Lease, any memorandum, short form or notice hereof may be not recorded in any
public record without the written consent of Landlord.
G. Landlord
reserves the right to limit excessive conference room usage.
5
H.
Restriction on Hiring and Non-Competition. Tenant
hereby acknowledges that all
employees of the Suites who perform work for Tenant under this Lease or other
service agreements are in fact employees of the Suites. Tenant, including its
principals and any affiliated companies, agrees that during the Term of this
Lease and within one (1) year of the termination
of
this Lease, neither Tenant nor any of its employees will hire any person who
is
employed by the Suites. Further, during the Term of Lease and for a period
of
thirty-six (36) months thereafter, Tenant represents and warrants to Landlord,
its successors and assigns, that it will not offer any service to any tenant
of
the Building if such service or a reasonable similar equivalent is offered
by
Landlord at the time tenant offers the service or its reasonable equivalent
to
another tenant of the Building. In the event that Tenant shall breach any
obligation of Tenant contained in this paragraph, Tenant shall be liable to
Landlord for, and shall pay to Landlord on demand, damages in the sum of
$10,000.00 for each violation hereof, it being mutually agreed that the actual
damage which would be sustained by Landlord as the result of any such breach
would be, from the nature of the case, impracticable or extremely difficult
to
fix and that the aforesaid liquidated damage amount is fair and reasonable.
The
representations and warranties of Tenant shall survive the termination of this
Lease.
20. |
Additional
Provisions. Tenant agrees
to:
|
A. Compliance
with Laws: Comply with the provision of all recorded covenants, conditions
and
restrictions and all building, zoning, fire and other governmental laws,
ordinances, regulations or rules applicable to the Premises and all requirements
of the carriers of insurance covering the Building or Project.
B. Nuisances
or Waste: Not do or permit anything to be done in or about the Premises or
the
Suites, or bring or keep anything in the Premises or the Suites that may damage
the building, constitute waste, constitute an immoral purpose, or use or store
any toxic chemicals, wastes, elements or substances in the Premises or the
Suites.
C. Alterations
and Improvements: Any improvement/alterations desired by Tenant require prior
written consent from Landlord. Upon expiration of this Lease, all
improvements/property left on Premises by Tenant shall be deemed conclusively
abandoned and may, at the election of Landlord, either be retained as Landlord’s
property or removed by Landlord without consideration to Tenant.
D. Liens:
Keep the Premises free from liens arising out of any work performed, materials
furnished or obligations incurred by or for Tenant. If, at any time, a lien
or
encumbrance is filed against the Premises, Building or the Project as a result
of Tenant’s work, materials or obligations, Tenant shall promptly discharge such
lien or encumbrance. If such hen or encumbrance has not been removed within
30
days from the date it is filed, Tenant agrees to deposit with Landlord an amount
equal to 150% of the amount of the lien, to be held by Landlord as security
for
the lien being discharged.
E. Signage: Obtain
the prior approval of the Landlord before placing any sign or symbol in doors
or
windows or elsewhere in or about the Premises, or upon any other part of the
building including building directories. Any signs or symbols which have been
placed without Landlord’s approval may be removed by Landlord. Upon expiration
or termination of this lease, all signs installed by Tenant shall be removed
and
any damage resulting therefrom shall be promptly repaired, or such removal
and
repair may be done by Landlord and the cost charged to Tenant as
rent.
6
21. |
Severability.
In the event any part of this Lease is held to be unenforceable,
or
invalid, for any reason, the balance of this Lease shall not be affected
and shall remain in full force and effect during the Term of the
Lease.
|
22. |
Disclosure.
In accordance with Florida Law, the following disclosure is hereby
made:
|
Radon
Gas: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks
to
persons who are exposed to it over time. Levels of Radon that exceed Federal
and
State guidelines have been found in buildings in Florida. Additional information
regarding Radon and radon testing may be obtained from your county public health
unit.
23. |
Rules.
Landlord shall from time to time establish and maintain reasonable
rules
and regulations for the efficient operation of the Suites in which
the
Premises are located. Tenant hereby covenants and agrees to abide
by these
rules and regulations.
|
24. |
Miscellaneous.
|
A. All
schedules and addenda attached hereto are hereby incorporated herein. The laws
of the State of Florida shall govern this Lease.
B. If
Tenant
is a corporation, each person signing this Lease on behalf of Tenant represents
and warrants that he has full authority to do so and that this Lease binds
corporation. If Tenant is a partnership, each person signing this Lease for
Tenant represents and warrants that he is a general partner and that this Lease
binds the partnership and all general partners of the partnership.
C. If
Tenant
is an individual of partnership, all parties signing this Lease as Tenant shall
be jointly and severally liable for all obligations of Tenant.
D. Tenant
represents and warrants to Landlord that there are no agents, brokers, finders
or other parties with whom Tenant has dealt who are or may be entitled to any
commission or fee with respect to this Lease or the Premises.
This
Lease constitutes the entire agreement between the parties hereto; all prior
agreements and representations between the parties, whether written or oral,
shall be of no force and effect. This Lease cannot be changed, modified, or
discharged orally but only by an agreement in writing and signed by all
parties.
IN
WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the day
and
year first above written.
LANDLORD: | TENANT: | |||
ASP MV, L.L.C. | Freedom Financial Mortgage Corporation | |||
By: | /s/ Xxxxx X. Xxxxxxxxxx | By: | /s/ Xxxxx X. Xxxx | |
Its Authorized Signatory |
Xxxxx X. Xxxx - Vice President |
|||
XXXXX
X. XXXXXXXXXX
VICE-PRESIDENT
|
Its: | Vice - President |
7
SCHEDULE
1
(SUITE
LAYOUT)
SCHEDULE
2
SERVICES
INCLUDED IN THE MONTHLY RENT
Telephone
Service - Personalized
with your business name.
Office
Furniture - One
desk,
one executive chair, one credenza, two side chairs, one lamp when
available
Utilities
and Cleaning Services
Receptionist
- Professionally
trained staff to greet your clients.
Kitchen
Facility - Full
use,
including free coffee, tea and hot chocolate for you and your
clients.
Conference
Rooms - One
large
conference room, one small conference room and a courtesy office on a
reservation only basis.
Audio/Visual
Equipment - For
your
personalized presentations.
Mail
Service - Daily
pick up and delivery at a central location.
Signage
- Your
company name on the building directory and outside your office.
Access
to your Suite and Facilities - 24
hours
per day, seven days per week.
Free
Notary Service - In
house.
OTHER
SERVICES WITH AN ADDITIONAL CHARGE
Photo
Copies
|
1
-
199 Copies
|
$.13/copy
|
||
200
- 499 copies
|
$.l0/copy
|
|||
500
& over copies
|
$.08/copy
|
|||
Fax
Service
|
$1.00
per page incoming or outgoing
|
|||
Metered
Mail
|
20%
handling charge plus postage
|
Telephone
Instrument Rental - In addition to the monthly rental, Tenant agrees to
pay a telephone rental charge in the amount of $25.00 per month for an Executone
17 key digital telephone or $35.00 per month for an Executone 28 key digital
speaker telephone. Any additional telephones will be at the rate of $15.00
each
per month.
Word
Processing - $21.00
per hour
SCHEDULE
3
RULE
AND REGULATIONS
1. |
Tenant
shall not block or obstruct any of the entries, passages, doors or
hallways of the Suites or Building, or throw any trash or material
of any
nature into such areas, or permit such areas to be used at any time
except
for ingress or egress. In the event Tenant must dispose of crates,
boxes,
etc., which will not fit into the office wastepaper baskets, it will
be
the responsibility of Tenant to dispose of same, in no event shall
Tenant
set such items in the public hallways or other areas except in Tenant’s
own Premises for disposal.
|
2. |
No
sign, door plaque, advertisement or notice shall be displayed, painted
or
affixed by Tenant, in or on any part of the outside or inside of
the
Premises, the Suites, Building or
Project.
|
3. |
Landlord
will not be responsible for lost or stolen property, equipment, money
or
any article taken from the Premises, the Suites, Building or Project
regardless of how or when loss
occurs.
|
4. |
No
additional lock shall be placed on any door or changes made to existing
locks without the prior written consent of Landlord. Landlord will
furnish
two keys to each lock on the doors to the Premises and Landlord,
upon
request of Tenant, shall provide additional duplicate keys at Tenants
expense. Landlord may at all times keep a pass key to the Premises.
All
keys shall be returned to Landlord promptly upon termination of this
Lease.
|
5. |
Tenant
shall do no painting or decorating in the Premises, or xxxx, paint
or cut
into, drive nails or screws into or in any way deface any part of
the
Premises without the prior written consent of
Landlord.
|
6. |
Landlord
reserves the right to close at 5:00 p.m. However, Tenant has the
right to
admittance under regulations prescribed by Landlord. Landlord specifically
reserves the right to refuse admittance to the building after business
hours, on Saturday, Sunday or legal holidays to any person or persons
who
cannot furnish satisfactory identification, or to any person or persons,
who for any other reason in the Landlord’s judgement, should be denied
access to the building.
|
7. |
Tenant
shall not, without the Landlord’s prior written consent, store or operate
any computer (except a desk top computer) or any other large business
machines, reproduction equipment, heating equipment, stove, refrigerator
or coffee equipment, or conduct a mechanical business thereon, do
any
cooking thereon, or use or allow to be used on the Premises oil,
burning
fluids, gasoline, kerosene for heating, warming or lighting. No article
deemed hazardous on account of fire or any explosives shall be brought
onto said Premises. No offensive gases, odors or liquids will be
permitted.
|
8. |
Tenant
shall not permit the operation of any musical or sound producing
instruments or device which
may be heard outside the Premises, or which may emanate electrical
waves
which will impair radio or television broadcasting or
reception.
|
9. |
Tenant
shall, before leaving the Premises unattended, close and lock all
doors
and shut off all utilities; damage resulting from failure to do so
shall
be paid by Tenant.
|
10. |
Tenant
shall reimburse Landlord, upon demand, for costs and expenses incurred
by
Landlord by reason of repair or replacement of any and all plate
and other
glass now or in the future located in the Premises whether installed
by
Landlord or Tenant resulting from or caused by the negligence or
willful
or wanton misconduct of Tenant or those claiming by through or under
it.
|
1
11. |
Tenant
shall give Landlord prompt notice of all accidents to or defects
in air
conditioning equipment, plumbing, electric facilities or any part
of
appurtenance of the Premises.
|
12. |
The
plumbing facilities shall not be used for any other purpose than
that for
which they are constructed, and no foreign substance of any land
shall be
thrown therein, and the expense of any breakage, stoppage, or damage
resulting from violation of this provision shall be borne by
Tenant.
|
13. |
If
Tenant requires any wiring for business machines, office equipment
or
otherwise, such wiring shall be done by an electrician designated
by
Landlord. The electrical current shall be used for ordinary lighting
purposes only unless written permission to do otherwise shall first
have
been obtained by the Landlord at an agreed cost to
Tenant.
|
14. |
All
contractors and/or technicians performing work for Tenant within
the
Premises, shall be referred to Landlord for approval before performing
such work. This shall apply to all work including, but not Limited
to,
installation of telephones, telegraph equipment, electrical devices
and
attachments, and all installations affecting floors, walls, windows,
doors, ceiling, equipment or any other physical feature of the Premises.
None of this work shall be done by Tenant without Landlord’s prior written
approval.
|
15. |
Glass
panel doors that reflect or admit light into the passageways or into
any
place in the building shall not be covered or obstructed by the Tenant,
and Tenant shall not permit, erect, and/or place drapes, furniture,
fixtures, shelving, display cases or tables, lights or signs and
advertising devices in front of or in proximity of interior and exterior
windows, glass panels, or glass doors providing a view into the interior
of the Premises unless same shall have first been approved in writing
by
Landlord.
|
16. |
Canvassing,
soliciting and peddling in the Suites, Building, Project or parking
areas
is prohibited without prior written approval of
Landlord.
|
17. |
The
work of Landlord’s janitors or cleaning personnel shall not be hindered by
Tenant after 5:00 p.m. and such work may be done at any time when
the
offices are vacant. The windows, doors and fixtures may be cleaned
at any
time. Tenant shall provide adequate waste and rubbish receptacles,
cabinets, bookcases, map cases, etc., necessary to prevent unreasonable
hardship to Landlord in discharging its obligation regarding cleaning
service. In this regard, Tenant shall also empty all glasses, cups
and
other containers holding any type of liquid
whatsoever.
|
18. |
No
bicycles, vehicles, or animals of any land shall be brought into
or kept
in or about the Premises at
any time.
|
19. |
No
smoking of any land shall be permitted in any of the Suites, conference
rooms, corridors, halls, elevators, stairways or
restrooms.
|
20. |
No
removals, or the carrying in and out of any safes, freight, furniture
or
bulky matter of any description must take place during the hours
which the
Landlord or its agent may determine from time to time. All such movement
shall be under supervision of Landlord and in the manner agreed between
Tenant and Landlord by prearrangement before performance. Landlord
reserves the right to prescribe the weight and position of all safes,
which must be placed upon two-inch-thick plank strips to distribute
the
weight. Any damage done to the building or to other tenant or to
other
persons in bringing in or removing safes, furniture or other bulky
or
heavy articles shall be paid for by the
Tenant.
|
2
21. |
Landlord
reserves the right to make such other and further reasonable rules
and
regulations as in its judgement may from time to time be needed for
safety, care and cleanliness of the Premises, the Suites, or the
Building,
and for the preservation of good order therein and any such other
or
further Rules and regulations shall be finding upon the parties hereto
with the same force and effect as if they had been set forth herein
at the
time of the execution hereof.
|
3