THIS LEASE is dated the 1st day of April, 2010 in Vancouver B.C. BETWEEN:
EXHIBIT
10.8
THIS
LEASE is dated the 1st day of
April, 2010 in Vancouver B.C.
BETWEEN:
XXXXX XXXXXXX MILES AND XXXXXX XXXXX
XXXXX, Canadian Residents and owners by Joint Tenancy of the “Property”
in fee simple with the address of 3 - 00000 00xx Xxxxxx,
Xxxxxx, XX X0X 0X0
(herein called the
“Landlord”)
OF THE FIRST PART
AND:
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ANV VIDEO ALARM SERVICE
INC., a body corporate duly incorporated pursuant to the laws of
the Province of British Columbia and having its principal place of
business at 0000 - 00000 Xxxxxxxxx Xxx, Xxxxxxxx, XX X0X
0X0
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(herein called the “Tenant”)
OF THE SECOND PART
WITNESSETH that in consideration of the
rents, covenants and conditions hereinafter reserved and contained on the part
of the Tenant to be paid, kept, observed and performed the Landlord hereby
leases to the Tenant those certain portions of the building (herein called the
“Building”) constructed on the land situate in the City of Richmond, in the
Province of British Columbia, being more particularly described as:
STRATA
XXX 0 XXXXXXX 0 XXXXX 0 XXXXX XXXXX 0 XXXX XXX XXXXXXXXXXX XXXXXXXX XXXXXX XXXX
XX0000 TOGETHER WITH AN INTEREST IN THE COMMON PROPERTY IN PROPORTION TO THE
UNIT ENTITLEMENT OF THE STRATA LOT AS SHOWN ON FORM 1
(herein
called the “Lands”), which portions consisting of approximately 3,185 square
feet of ground floor office/storage premised and bearing civic address of
0-00000 Xxxxxxxxx Xxx, Xxxxxxxx, XX as shown outlined in red on the plan
attached hereto as Schedule “A”
(herein called the “Leased Premises”). The Tenant is to have and to hold
the Leased Premises up to and until the 31st day of
March, 2013 unless earlier terminated hereunder.
- 2 -
Yielding and paying therefore to the
Landlord at the address for payment hereinafter provided during the said
term,
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(i)
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for
the period from April 1, 2010 up to and including May 31, 2010, Net rent
free, during this time the Tenant remains responsible to pay any
Additional Rent incurred as explained below (Estimated per month as
$902.42 for 2009);
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(ii)
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for
the period from June 1, 2010 up to and including March 31, 2013, the sum
of $27,582.10 Net Rent Per Year (based upon a base rent of $8.66 per
square foot)
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As well
as the Net Rent above, the Tenant is to pay Additional Rent based upon property
taxes, strata fees and common area maintenance charges. This cost is estimated
at $3.40 Per Square Foot for 2009 and is subject to change year over year as
these costs vary. The Landlord will invoice the Tenant monthly for the
cost.
In addition to the Gross Rent (Net and
Additional Rents) herein provided for, the Tenant shall pay to the Landlord when
due any and all Goods and Services Taxes, Harmonized Sales Tax or other value
added taxes required to be paid by the Tenant and collected by the Landlord
pursuant to the Excise Tax Act of Canada or any other applicable provincial or
federal legislation, and further paying therefore as additional rent the moneys
and other charges, cost and expenses hereinafter provided to be paid by the
Tenant at the several times when the same become payable.
And the
Landlord hereby grants to the Tenant the right at all times during the term to
the use, in common with others entitled thereto, eight parking spaces, the
common driveways and entrances for purposes of ingress to and egress from the
Leased Premises.
And the Landlord and the Tenant
acknowledge and agree that the Tenant takes possession of the Leased Premises on
an as is basis. If the Tenant wishes to alter the space plan of the premise, the
Tenant shall do so at its own expense and must receive approval of any
improvements prior construction commencement by the Landlord.
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1.
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TENANT’S
COVENANTS
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To observe, and to cause its employees,
invitees and others over whom the Tenant can reasonably be expected to exercise
control to comply with the all rules and regulations prescribed by the Strata
Council, and such further and other rules and regulations and amendments and
changes therein as may hereafter be made by the Landlord of which notice in
writing shall be given to the Tenant and all such rules and regulations shall be
deemed to be incorporated into and form part of this Lease.,
1.1
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Payment of
Rent
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To pay
the Net Rent and Additional Rent hereby reserved in the manner and at the times
herein specified.
1.2
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Utilities
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To pay as they become due and payable
all rates and charges for services and utilities, including gas, telephone and
electrical power or energy, used upon or in respect of the Leased Premises or
any part thereof and for fittings, machines, apparatus, meters or other things
leased in respect thereof, and for all work or services performed by any
corporation or commission in connection with such utilities, provided that if
any such service or utility is supplied by or through the Landlord, the Tenant
shall not be required to pay more than the amount the Tenant would have been
required to pay if such service or utility had been provided by a third party,
and provided further, if any such utility service cannot reasonably be
sub-metered separately from the same utility service provided to other parts of
the Building, the Tenant shall pay for such utility on the connected load and
usage basis.
1.2.1
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Water and
Sewer
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To pay as they become due the Tenant’s
proportionate share of all water and sewer rates charged against or with respect
to the Building and the Lands. For purposes of this clause the Tenant shall be
responsible for all metered water supplied to the Premises.
1.3
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Personal
Taxes
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To pay as they become due and payable
all business and other taxes, charges, rates, duties and assessments levied,
charged, related or assessed in respect of the occupation of or the business
conducted in, on or from the leased Premises or any part thereof by the Tenant
and in respect of any and all personal property and improvements now or
hereafter in, on or forming a part of the Leased Premises (including Tenant’s
machinery, fixtures, equipment and any alterations, improvements, installations
or additions made by the Tenant) and the Tenant shall be liable to pay such
business and other taxes, charges, rates duties and assessments whether or not
the Tenant is entitled to possession of the leased Premises for the whole of any
calendar year or only a part thereof.
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1.4
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Real Property
Taxes
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To pay to
the Landlord, within 15 days of demand therefore, the Tenant’s proportionate
share of all taxes, charges, rates, duties and assessments (including school
taxes, hospital taxes and local improvement rates) that are in each calendar
year of the term levied, rated, charged or assessed against or with respect to
the Building and the Lands and, without limiting the generality of the
foregoing, every other tax, charge, rate, duty, assessment or payment which may
become a charge or encumbrance upon or be levied upon or collected in respect of
the Building or the Lands, whether charged by any municipal, parliamentary or
other authority. Such amount is included in the Additional
Rent.
1.5
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Repair
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To repair, reasonable wear and
tear and damage by fire, lightning, tempest and earthquake
excepted.
1.6
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View
Repair
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To permit the Landlord to enter and
view the state of repair and that the Tenant will repair according to notice,
reasonable wear and tear and damage by fire, lightning, tempest and earthquake
excepted.
1.7
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Good Repair on
Surrender
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The Tenant will leave the leased
Premises in good repair, reasonable wear and tear and damage by fire, lightning,
tempest and earthquake excepted.
1.8
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Maintenance Fees and
Assessments
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To pay to the Landlord during every
month of the term as Additional Rent and on the first day of each month, the
common area and maintenance fees incurred by the Landlord with respect to the
Lease Premises. To pay to the Landlord as Additional Rent and within 10 days
after written demand therefore, any assessments levied by the Strata Council
with respect to the Leased Premises. Such amount is included in the
Additional Rent.
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1.9
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Waiver of
Offset
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The Tenant hereby waives and renounces
any and all existing and future claims, offsets and compensation against any
Rent and/or Additional Rent and agrees to pay such Rent and/or Additional Rent
regardless of any claim, offset or compensation which may be asserted by the
Tenant or on its behalf.
1.10
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Application of
Payments
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All payments by the Tenant to the
Landlord under this Lease shall be applied toward such amounts then outstanding
hereunder as the Landlord determines and the Landlord may subsequently alter the
application of any such payment.
1.11
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Glass
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To replace forthwith any glass in or
about the Leased Premises broken or damaged with glass of equal kind and
quality.
1.12
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Inspections
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To permit the Landlord at all
reasonable times to enter upon and view the state of repair of the Leased
Premises and to promptly perform such maintenance or effect such repairs or
replacements as the Landlord may direct (reasonable wear and tear excepted), and
the Tenant shall allow the Landlord at all reasonable times to enter upon the
Leased Premises for the purpose of maintaining or repairing the Leased Premises
which shall include installing pipes, wiring and similar facilities for the use
and benefit of other parts of the Building provided that such work shall be done
with the least possible interference to the Tenant’s use and occupancy of the
Leased Premises.
1.13
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Additional
Equipment
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Not to bring upon or into the Leased
Premises any machinery, equipment, article or thing that by reason of its
weight, size or use might damage the Leased Premises or any part thereof and not
at any time to overload the floors of the Leased Premises and if any damage is
caused to the Leased Premises or any part thereof by any machinery, equipment,
article or thing or by overloading, forthwith to remove the cause of such damage
and to repair or pay to the Landlord the cost of making good such damage; and
that the Landlord may at any time call upon a competent engineer or architect
whom the Landlord may choose to decide whether or not the said floors or any
part thereof are being overloaded and the decision of the said engineer or
architect shall be final and binding upon the Tenant.
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1.14
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Alterations
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To make no alterations, installations,
additions or improvements (including initial installations and improvements) in,
to or about the Leased Premises without the prior written consent of the
Landlord , which consent shall not be unreasonably withheld in the case of
alterations, installations, additions or improvements in, to or about the Leased
Premises that will, in the reasonable judgment of the Landlord, better adapt the
Leased Premises to the purpose of the Tenant, provided however, no such
alterations, installations, additions or improvements shall be made which impair
or affect the structural strength of or otherwise adversely affect the Building;
and provided further, the Tenant shall submit to the Landlord and the Strata
Council for approval detailed drawings and specifications of any such work prior
to commencement thereof and any such work shall be performed by competent
workmen and with minimum interference to any other tenant of the Building, and
the Tenant shall not suffer or permit any mechanics or other liens for work,
labour, services or materials ordered by it or for the cost of which it may in
any way be obligated to be attached to the Leased Premises, the Building or the
Lands and whenever and so often as any such liens shall attach or claims
therefore shall be filed, the Tenant shall within 15 days after the Tenant has
notice of the claim or lien procure the discharge thereof by payment or by
giving security or by such other manner as may be required or permitted by
law.
1.15
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Ownership and Removal
of Additions
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All alterations, installations,
additions or improvements, save and except machinery and trade fixtures
(including storage racks) in, to or about the Leased Premises made by the Tenant
shall become the property of the Landlord and shall not be removed from the
Leased Premises without the prior written consent of the Landlord, provided
however, the Landlord may in the event of cancellation or termination of this
Lease require the Tenant at its own expense to remove any such alterations,
installations, additions or improvements from the Leased Premises and the Tenant
shall restore the Leased Premises to as good order and condition as prevailed
immediately prior to the commencement of the term of this Lease and in the event
of the failure of the Tenant to do so with reasonable expedition, the Landlord
may effect such removal and restoration at the Tenant’s own risk and
expense.
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1.16
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Use of
Premises
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To use the Leased Premises solely for
the purpose of general commercial offices all in accordance with applicable
governmental and city bylaws and for no other purpose.
1.17
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Observance of
Law
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To comply promptly with and conform to
the requirements of all applicable statutes, laws, by-laws, regulations,
ordinances and orders at any time in force during the term which affect or
relate to the condition, equipment, maintenance, use or occupation of the Leased
Premises or the business conducted therein, and with every applicable
regulation, order and requirement of the Canadian Fire Underwriters Association
or any body having similar functions or of any liability or fire insurance
company by which either the Landlord or the Tenant may be insured at any time
during the term; provided that if the Tenant defaults under the provisions of
this clause, the Landlord may itself comply with the requirements of this clause
and the Tenant shall forthwith pay all cost and expenses incurred by the
Landlord in so doing and all such costs and expenses shall be recoverable by the
Landlord as Additional Rent.
1.18
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Nuisance
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Not to do or omit to do or permit to be
done or omitted anything upon, about or in respect of the Lands or the Leased
Premises the doing or omission of which, as the case may be, shall be or result
in a nuisance or waste.
1.19
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Assignment
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Not to assign, sublet, or part with the
possession of the Leased Premises or any part thereof without the prior consent
in writing of the Landlord, which consent shall not be unreasonably withheld.
Provided that the Tenant shall, at the time the Tenant shall request the consent
of the Landlord, deliver to the Landlord such information in writing (herein
called the “required information”) as the Landlord may reasonably require
respecting the proposed assignee, sublessee or licensee, including the name,
address, nature of business, financial responsibility and standing of such
proposed assignee, sublessee or licensee. Provided that no assignment,
subletting, or parting with possession on the part of the Tenant shall release
or relieve the Tenant from its obligations fully to perform and observe all the
terms, covenants, and conditions of this Lease on its part to be performed and
observed. Further provided that if the Tenant is an incorporated company, any
change in the control of such company shall be deemed for the purposes hereof,
to be an assignment of this Lease.
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1.20
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Signs and
Advertising
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Not to erect, install or display any
exterior signs or interior window or door signs or advertising media or window
or door lettering or placards without the previous written consent of the
Landlord and Strata Council.
1.21
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Indemnification
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To be responsible for and to indemnify
and save harmless the Landlord from and against all liabilities, costs, suits,
claims, demands, losses, expenses, damages, actions and injury of any kind
whatsoever which the Landlord may sustain, incur, suffer or be put to by reason
of any breach, violation or non-performance by the Tenant of any covenant, term
or provision of this Lease, or any damage to or loss of property or any injury
to persons (including death resulting therefrom) caused directly or indirectly
by the Tenant, its officer, employees, servants, agents, invitees or licensees,
or by reason of any use, non-use, occupation, possessions, operation or
maintenance of the Leased Premises by the Tenant; and the Tenant’s covenant and
agreement as contained in this clause shall survive the expiration or sooner
termination of the term of this Lease.
1.22
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Reletting
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To permit the Landlord within one
hundred and twenty (120) days prior to the expiration of the term to fix or
place in the immediate vicinity of the exterior portion of the Leased Premises a
notice or notices stating that the Leased Premises are for rent or sale, and to
permit the Landlord or its agents during the said period of time at all
reasonable hours to show the Leased Premises to prospective tenants or
purchasers.
1.23
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Tenant
Insurance
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The Tenant shall take out and keep in
force comprehensive general liability insurance, fire insurance and such other
perils as may be reasonably required by the Landlord on an occurrence basis with
respect to the business carried on, in and from the Leased Premises and the
Tenant’s use and occupancy thereof of not less than $3,000,000 per occurrence
which insurance shall include the Landlord as an additional insured and shall
protect the Landlord in respect of claims by the Tenant as if the Landlord were
separately insured. All insurance required to be maintained by the Tenant
hereunder shall be on terms and with insurers that the Landlord has no
reasonable objection and shall provide that such insurers shall provide to the
Landlord thirty (30) days’ prior written notice of cancellation or material
alteration of terms. The Tenant shall furnish to the Landlord, upon request,
certificates or other evidence acceptable to the Landlord as to the insurance
from time to time required to be effected by the Tenant and its renewal or
continuation in force, either by means of a certified copy of the policy or
policies of insurance with all amendments and endorsements or a certificate from
the Tenant’s insurer which, in the case of comprehensive general liability
insurance, shall provide such information as the Landlord reasonably requires.
If the Tenant shall fail to take out, renew and keep in force such insurance the
Landlord may do so as the agent of the Tenant upon ten (10) days’ written notice
and the Tenant shall repay to the Landlord any amounts paid by the Landlord as
premiums forthwith upon demand.
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1.24
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Insurance and
Insurance Premiums
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Not to do, omit or permit to be done
anything upon the Leased Premises which shall cause the rate of insurance upon
the Building or any part thereof to be increased, and if the insurance rate
shall be increased as aforesaid the Tenant shall pay to the Landlord as
additional rent (in addition to any part of insurance premiums hereinafter
agreed to be paid by the Tenant) the amount by which the insurance premiums
shall be so increased, and if notice of cancellation of any insurance policy
upon the Building or any part thereof shall be given or the renewal of any such
insurance policy is refused by an insurer by reason of the use of the Leased
Premises by the Tenant, the Tenant shall alter, remedy or rectify such use
within 15 days after being requested so to do in writing by the Landlord, and if
the Tenant shall fail so to do the Landlord may at its option terminate this
Lease forthwith by notice in writing to the Tenant and thereupon all rent and
other payments for which the Tenant is liable under this Lease shall be
apportioned and paid in full to the date of such termination and the Tenant
shall immediately deliver up possession of the Leased Premises to the
Landlord.
1.25
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Rules and
Regulations
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Any and all rules and regulations that
may be made by the strata corporation or Landlord and of which notice shall be
given to the tenant in writing shall be observed and performed by the Tenant,
its invitees, servants, agents, sublessees, and licensees, and all such rules
and regulations shall be read as forming part of the terms and conditions of
this Lease as if the same were embodied herein.
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1.26
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Damage to Building by
Tenant
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The Tenant covenants with the Landlord
that the Tenant shall reimburse the Landlord for costs incurred by the Landlord
in making good any damage caused to the Building or any appurtenances thereto as
a result of the negligence or willful act of the Tenant, its invitees, servants,
agents, sublessees and licensees.
2.
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LANDLORD’S
COVENANTS
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The Landlord covenants with the
Tenant:
2.1
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Quiet
Enjoyment
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For quiet enjoyment.
2.2
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Structural
Defects
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To repair structural
defects.
3.
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PROVISOS
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It is hereby agreed between the
Landlord and Tenant as follows:
3.1
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Triple Net
Lease
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The Additional Rent payable hereunder
shall include all property taxes and strata fees (except the Landlord’s
mortgages, corporate and income taxes for which the Landlord shall be
responsible), insurance premiums and any other costs, charges, and expenditures
arising from or relating to the Leased Premises including any occasioned by
legal requirement of any governmental authority, and except those costs and
charges arising by virtue of any act or omission of the Landlord or any
obligation of the Landlord under this Lease, and the Tenant shall, subject as in
this clause provided, pay all charges, impositions, expenses, and outgoing of
every nature and kind relating to or incurred in respect of the Leased Premises
for any reason whatsoever and there shall be no reduction or abatement of the
Rent or Additional Rent or amounts hereby reserved in the event of the Leased
Premises or any part thereof or their appurtenances being rendered unusable or
depreciated in value or demand or destroyed for any reason whatsoever, except as
herein provided in relation to damage or destruction caused by fire, lightning,
tempest, structural defects, acts of God or of the Landlord its servants, agents
or workmen or any additional perils from time to time defined and covered in any
property insurance policy from time to time in use during the term
hereof.
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3.2
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Apportionment of
Expense
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Upon the commencement and upon the
termination of this Lease, the Landlord and the Tenant shall prorate, adjust,
apportion and allow between themselves, as of the said dates all items of hydro,
electricity, water rates and other matters of a similar nature, (save as may
relate to the Tenant or its business, occupancy or property rather than to the
Leased Premises) and insurance premiums, with the intent that the burden thereof
shall be borne by the Landlord until the commencement of this Lease and by the
Tenant thereafter until it shall deliver up possession of the Leased Premises in
accordance with the provisions hereof upon the termination of this Lease or of
any holding over hereunder and not afterwards.
3.3
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Estimates of
Proportionate Share
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In relation to those payments required
to be made by the Tenant to the Landlord for payments and expenditures by the
Landlord and payable by the Tenant on a proportionate share basis, including,
without limiting the generality of the foregoing, those payments for taxes,
charges, rates, duties and assessments levied, rated, charged or assessed
against or with respect to the Building and the Lands, and premiums for
insurance, the landlord may at its option estimate such proportionate share
annually for each calendar year in advance, in which event, and notwithstanding
anything otherwise contained in this Lease, the Tenant shall pay a monthly
charge on the first day of each month equal to one-twelfth of the proportionate
share as so estimated, and at the end of each calendar year the aggregate of
such monthly charges paid by the Tenant during the relevant calendar year shall
be adjusted appropriately by the Landlord on the basis of the total amount
actually payable by the Tenant for such calendar year pursuant to this Lease,
with any resulting excess or deficiency being payable, respectively, by the
Landlord to the Tenant within 30 days after the end of the calendar year then in
review, or by the Tenant to the Landlord, as additional rent, promptly on
demand.
3.4
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Lease
Subordination
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This Lease and everything herein
contained shall be deemed to be subordinate to any charge or charges from time
to time created by the Landlord by mortgage or charge on the building or the
Lands and the Tenant shall promptly at any time as required by the Landlord
execute all documents and give such further assurances and privileges to the
holder of any charge or mortgage; provided that such mortgage shall permit the
Tenant to continue in quiet possession of the Leased Premises in accordance with
the terms and conditions of this Lease as long as the Tenant is not in default
hereunder, whether such mortgage is in good standing or not.
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3.5
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Removal of
Fixtures
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The Tenant may remove its equipment and
trade fixtures (including storage racks) upon expiration of the term of this
Lease.
3.6
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Damages to Leased
Premises
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Whenever during the term the Leased
Premises shall be destroyed or damaged by fire, lightning or tempest, or any of
the perils insured against by the Landlord hereunder, the following terms shall
apply:
(a) if
the damage be such that the Leased Premises are rendered wholly unfit for
occupancy, or it is impossible or unsafe to use or occupy them, but if in either
event in the reasonable opinion of the Landlord, to be given to the Tenant
within 20 days from the time the damage occurs, the damage can be repaired with
reasonable diligence within 180 days from the happening thereof, then the rent
hereby reserved including additional rent shall xxxxx from the date of
occurrence of the damage until the Leased Premises have been restored to a
condition fit for the Tenant’s use and occupation, and the Landlord shall repair
the damage with all reasonable speed,
(b) if
the damage or destruction is such that the Leased Premises are rendered wholly
unfit for occupancy or it is unsafe to use and occupy themand if in either even
in the reasonable opinion of the Landlord, to be given to the Tenant within 20
days of the happening of such damage or destruction the damage cannot be
repaired with reasonable diligence within 180 days from the time the damage
occurs, either the Landlord or the Tenant within 15 days next succeeding the
giving of the Landlord’s opinion as aforesaid, may terminate this Lease by
giving to the other notice in writing of such termination, in which event this
Lease shall be at an end from the date of such destruction or damage and the
rent and all other payments for which the Tenant is liable hereunder shall be
apportioned and paid in full to the date of such destruction of damage. If
neither the Landlord nor the Tenant terminates this Lease as aforesaid, then the
Landlord shall repair the Leased Premises with all reasonable speed and the rent
hereby reserved including additional rent shall xxxxx from the date of the
occurrence of the damage until the Leased Premises shall have been restored to a
condition fit for the Tenant’s use and occupation,
- 13 -
(c) if in
the reasonable opinion of the Landlord the damage can be made good as aforesaid
within 180 days of its occurrence and is such that the Leased Premises are
capable of being partially used for the purposes for which the Tenant has used
them, then until such damage has been repaired the rent hereby reserved
including additional rent shall xxxxx in proportion as the area of the part of
the Leased Premises rendered unfit for occupancy compares with the area of the
whole of the Leased Premises and the Landlord shall repair the damage with all
reasonable speed, save as above provided the Landlord shall have no obligation
whatsoever to rebuild the Leased Premises in the event of destruction or
damage.
3.7
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Expropriation
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If the
whole or such portion of the Leased Premises as will materially affect the use
of the Leased Premises for the purposes for which the Tenant has leased them,
shall be expropriated by any public authority then this Lease shall cease and be
at an end as of the date of a vesting of title in the expropriating authority
and the rent and all other payments for which the Tenant is liable under this
Lease shall be apportioned and paid in full to the date of such taking. If the
expropriated portion of the Leased Premises does not materially affect the use
by the Tenant of the remainder of the Leased Premises then the rent hereby
reserved including additional rent shall xxxxx in proportion to the area of the
part of the Leased Premises expropriated shall bear to the area of the whole of
the Leased Premises.
3.8
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Insolvency of
Tenant
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If any of the goods or chattels of the
Tenant shall be at any time seized or taken in execution or in attachment by any
creditor of the Tenant, or if a writ of execution shall issue against the goods
and chattels of the Tenant and remain unsatisfied for ten days, or if the Tenant
shall execute any chattel mortgage or xxxx of sale of any of its goods or
chattels, other than a xxxx of sale of goods in the ordinary course of the
Tenant’s business, or if the Tenant shall make any assignment for the benefit of
creditors or any bulk sale or shall be adjudged bankrupt or insolvent by any
court of competent jurisdiction under any legislation then in force or shall
take the benefit of any Act that may be in force for bankrupt or insolvent
debtors or shall attempt to abandon the Leased Premises, or to sell or dispose
of its goods and chattels so that there would not remain after such sale or
disposal a sufficient distress on the Leased Premises in the opinion of the
Landlord for the then accruing rent, then the current month’s rent together with
the rent for the three months next ensuing and all additional rent for the said
three month ensuing and taxes payable hereunder by the Tenant for the then
current year, including local improvement taxes ( to be reckoned on the rate for
the preceding year in case the rate should not have been fixed for the current
year) shall immediately become due and payable, and the term shall, at the
option of the Landlord, forthwith be determined, and in each of the above cases
such accelerated rent, additional rent and taxes shall be recoverable by the
Landlord as if it were rent in arrears.
- 14 -
3.9
|
Re-Entry
|
The Landlord may re-enter the Leased
Premises forthwith on non-payment of rent and if the Tenant shall fail to comply
with any of its covenants hereunder, except the covenant to pay rent, the
Landlord may give to the Tenant notice in writing stating the default with
reasonable sufficient particulars and requiring it to be remedied, and if such
default is not remedied by the Tenant within 30 days after the receipt of such
notice, or such longer period as may be reasonably necessary in view of the
nature of the default, the Landlord at its option may in addition to all other
remedies provided by law either terminate this Lease by notice in writing and
enter the Leased Premises or any part thereof in the name of the whole and
repossess them or take such steps as may be necessary to remedy and correct such
default and recover its costs expenses incurred in so doing from the Tenant as
additional rent.
3.10
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Distress
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Notwithstanding the benefit of any
present or future statute taking away or limiting the Landlord’s right of
distress, none of the goods and chattels of the Tenant on the Leased Premises at
any time during the term shall be exempt from levy by distress for rent
including additional rent in arrears and wherever the Landlord shall be entitled
to levy distress against the goods and chattels of the Tenant, the Landlord may
use such force as it may deem necessary for that purpose and for gaining
admission to the Leased Premises without being liable to any action in respect
thereof or for any loss or damage occasioned thereby and the Tenant hereby
expressly releases the Landlord from all actions, proceedings, claims or demands
whatsoever for or on account of or in respect of any such forcible entry or any
loss or damage sustained by the Tenant in connection therewith, and for purposes
of this Lease the Tenant agrees that all moneys due hereunder shall be
recoverable by the Landlord in the same manner as if rent in
arrears.
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3.11 Non-Waiver
No covenant, term or condition of this
Lease shall be waived except by written consent of the Landlord and the
forbearance or indulgence by the Landlord in any regard whatsoever shall not
constitute a waiver of the covenant, term or condition to be performed by the
Tenant and the Landlord shall be entitled to invoke any remedy available under
this Lease or at law or in equity despite such forbearance or indulgence, which
shall not constitute a waiver of any other breach regardless of the Landlord’s
knowledge thereof. The subsequent acceptance of rent hereunder by the Landlord
shall not be deemed a waiver of any preceding breach by the Tenant of any
obligation hereunder other than the failure to pay the particular rent so
accepted. Any condoning, excusing or overlooking by the Landlord of any default,
breach or non-performance by the Tenant at any time in respect of any payment,
covenant, agreement, proviso or condition contained in this Lease shall not
operate as a waiver of the Landlord’s rights in respect of any subsequent,
and/or continuing default, breach nonperformance, or defeat or affect in any way
the right of the Landlord with respect to any such subsequent default, breach or
non-performance.
3.12 Over-Holding
If the Tenant remains in occupation
beyond the expiration or other termination of this Lease, such continued
occupation by the Tenant shall not have the effect of extending the term or
renewing the term of this lease for any period of time, notwithstanding any
statute or law to the contrary, and the Tenant shall be presumed to occupy the
Leased Premises against the will of the Landlord, who shall thereupon be
entitled to make use of any and all remedies by law provided for the expulsion
of the Tenant including all claims for loss or damages, provided however, the
Landlord may at its option give to the Tenant at any time during such continued
occupancy by the Tenant written notice that the Tenant may continue to occupy
the Leased Premises under a tenancy from month to month and otherwise under the
same terms and conditions as herein contained or upon such other terms and
conditions as the Landlord may specify in such notice.
3.13 Representations
Save as may be provided in any written
agreement to enter this Lease made between the parties, the Tenant acknowledges
that there have been no representations, warranties, agreements, covenants or
conditions expressed or implied, affecting or relating to this Lease made or
given by the Landlord or any agent, officer, employee or servant of the Landlord
which are not set out in this Lease and that this Lease constitutes the entire
agreement between the Landlord and Tenant and may not be modified except by
subsequent agreement in writing duly signed by the Landlord and the
Tenant.
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3.14 Interest on
Arrears
If default shall be made by the Tenant
in the payment of any monies when the same become due and payable pursuant to
any covenant, agreement or condition contained in this Lease, interest at the
rate of 12% per annum, shall be payable on any such monies from the date of
default to the date of payment.
3.16 Notices
Any notice, request or demand required
or contemplated by any provision of this Lease or which the Landlord or the
Tenant may desire to give to the other shall be sufficiently given or made if
mailed by prepaid registered mail addressed, if to the Landlord, as
follows:
XXXXX XXXXXXX MILES AND XXXXXX XXXXX
XXXXX
0-00000 00xx
Xxxxxx
Xxxxxx,
XX X0X 0X0
and
addressed, if to the Tenant, as follows:
ANV VIDEO ALARM SERVICE
INC,
2105 – 00000 Xxxxxxxxx Xxx
Xxxxxxxx, XX X0X 0X0
And
notice, request, demand or amount if mailed as aforesaid shall be conclusively
deemed to have been received by the party to whom the same was addressed on the
second business day following the day on which such notice, request, demand or
amount was so mailed and if delivered such notice, request, demand or amount
shall also be sufficiently given in and when the same shall be delivered, in the
case of the Landlord, to a director or officer of the Landlord, and in the case
of the Tenant, to him personally or to a director or officer of the Tenant if
the Tenant is a corporation. Such notice, if delivered, shall be conclusively
deemed to have been given and received at the time of such delivery. If in this
Lease two or more persons are named as Tenant, such notice shall also be
sufficiently given if and when the same shall be delivered personally to any one
of such persons. The Landlord or the Tenant may at any time give notice in
writing to the other of any change of address and thereafter any notice,
request, demand or amount shall be given to the new address as specified in that
notice.
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3.17 Payment of
Rent
All rent and other monies payable by
the Tenant to the Landlord hereunder shall be made payable to the Landlord and
shall be sent to or delivered to the Landlord at:
0-00000 00xx Xxxxxx,
Xxxxxx, XX X0X 0X0
or to
such other place as the Landlord shall advise to Tenant in writing.
3.18 Time of
Essence
Time shall be of the essence of this
Lease.
3.19 Enurement
Subject to the provisions of the Lease
respecting assignment by the Tenant, this Lease shall enure to the benefit of
and be binding upon the Landlord and the Tenant and their respective heirs,
executors, administrators, successors and permitted assigns.
3.20 Captions
The captions appearing in this Lease
have been inserted as a matter of convenience and for reference only, and in no
way, defines, limits or enlarges the scope of meaning of this Lease nor any
provision hereof.
3.21 Deposit
The Landlord hereby acknowledges
receipt of a security deposit of Two Months Net Rent or Four Thousand Five
Hundred Ninety-Seven Dollars and Two Cents ($4,597.02). It is
understood and agreed by the Tenant that the Landlord shall not be responsible
for payment of interest on such prepaid sum. It is further understood that this
sum shall be held by the Landlord as security for the due performance by the
Tenant of all the terms, covenants, and conditions of this Lease to be kept and
performed by the Tenant during the term, and at the Landlord’s option may be
appropriated and applied in whole or in part to the payment of any overdue rent
or additional rent. Should the entire security deposit, or any portion thereof,
be appropriated and applied by the Landlord as aforesaid, the Tenant shall upon
a written demand by the Landlord, forthwith remit to the Landlord a sufficient
amount in cash to restore the security deposit to the original sum set forth
above and the Tenant’s failure to do so within five days after the receipt of
such demand, shall constitute a breach of this Lease. Should the Tenant comply
with all of the terms, covenants and conditions of this Lease, the balance of
the security deposit shall be used as Net Rent for the Tenant’ last month of the
Term of the Lease.
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IN
WITNESS WHEREOF the parties hereto have hereunto set their hands and seals, as
of the day and month and year first above written.
SIGNED,
SEALED AND DELIVERED
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)
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XXXXX
XXXXXXX MILES AND
XXXXXX
XXXXX XXXXX
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By
the Landlord in the presence of:
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)
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(Landlord)
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)
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||
)
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||
………………………………………….
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)
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)
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Authorized
Signatory
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Occupation…………………………….
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)
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SIGNED,
SEALED AND DELIVERED
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)
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XXXXX
XXXXXXX MILES AND
XXXXXX
XXXXX XXXXX
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By
the Landlord in the presence of:
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)
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(Landlord)
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)
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||
)
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||
………………………………………….
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)
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)
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Authorized
Signatory
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Occupation…………………………….
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)
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SIGNED,
SEALED AND DELIVERED
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)
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ANV
VIDEO ALARM SERVICE INC.
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By
the Tenant in the presence of:
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)
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(Tenant)
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)
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)
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………………………………………….
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)
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)
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Address
……………………………….
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)
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)
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(Authorized
Signatory)
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………………………………………….
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)
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)
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Occupation…………………………….
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)
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(AS TO
BOTH SIGNATURES:)
- 19 -
SCHEDULE
“A”
LEASED
PREMISES