LEASE AGREEMENT
1. THIS LEASE AGREEMENT, entered into this 4th day of April, 1995,
by and between CUMMINS STATIONS, L.L.C., corporation with its principal office
and place of business in Nashville, Tennessee, hereinafter called "Landlord",
and PICTURE VISION, INC., hereinafter called "Tenant."
WITNESSETH:
2. That the Landlord, for and in consideration of the payments
hereinafter stipulated to be made by Tenant, and xxx covenants and agreements
hereinafter contained to be kept and performed by Tenant, does by these presents
hereby lease unto the tenant, and Tenant does by these presents hereby lease
from landlord, for use and occupancy of Suite 425, containing approximately
2,050 square feet and being the leased premises as shown by design attached
hereto as Exhibit "A", and incorporated herein, and being a part of that
building known as Cummins Station, situated on 000 00xx Xxxxxx Xxxxx in
Nashville, Tennessee, on a tract of land owned by Landlord more particular
described in a certain warranty deed of record in the office of The County
Recorder.
3. TO HAVE AND TO HOLD the same for the term of 5 years next ensuing
from and after the 1st day of September, 1996, and ending on the 31st day of
August, 2000, unless the term hereby demised shall be sooner terminated as
hereinafter provided.
4. Tenant shall pay to Landlord as rent at the office of Landlord in
Nashville, Tennessee, or as may be directed the sum of $15,375.00 (See para.
32nd) per annum for the original term hereof, except as noted hereinafter,
payable in installments of $1,281.25 (See para 32nd) per month for each and
every month during the original term hereof, the first such installment being on
the first day of the first calendar month of said term, and another such
installment being due and payable on the first day of each and every succeeding
calendar month of said term, in advance until the full payment of the total sum
shall be made. Lessee agrees to pay to lessor a late charge of five (5%)
percent of any rental not paid promptly on or before due date.
5. This lease is entered into upon the understanding and agreement
that the same shall be subject to the following express terms and conditions and
rules "Exhibit B" attached, each and every one of which the parties hereto
covenant and agree to keep and perform:
FIRST: That Tenant agrees to pay to Landlord the sums herein,
specified during the original an any renewal term hereof without demand, and
without counterclaim, deduction, or set-off, and to comply with the terms and
provisions of this lease.
SECOND: That Tenant will use and occupy said premises for Video
Production and for no other purpose; that Tenant will keep said demised premises
in good repair and tenantable condition and shall quit and surrender said
premises peaceably at the end of the original or any renewal term hereof in as
good condition as the reasonable use thereof will permit; and that Tenant will
replace at his own expense any and all broken glass in and about said premises,
if due to Tenant's negligence, with glass of the same size and quality,
including all signs thereon. If Tenant fails to make proper repairs, Landlord,
at its option, may make such repairs at Tenant's expense.
THIRD: That no representations, except as are contained herein or
endorsed hereon, have been made to the Tenant respecting the condition of said
premises. The taking possession of the said premises by the Tenant shall be
conclusive evidence against the Tenant that premises were in good and
satisfactory condition when possession of the same was so taken; and the Tenant
will, at the termination of this lease, by lapse of time or otherwise, return
said premises to the Landlord in as good condition as when received, loss by
fire, storm or other casualty and ordinary wear excepted.
FOURTH: That the tenant will not assign this lease nor any interest
hereunder, and will not permit any assignment hereof by operation of law; and
will not sublet said premises or any part thereof; and will not permit the use
of said premises by desk tenants or any parties other than the Tenant, and the
agents and servants of the Tenant, without first obtaining the written consent
of the Landlord, which shall not be unreasonably withheld. Landlord may assign
his lease or any part thereof or right thereunder.
FIFTH: No alterations, additions or improvement to the leased
premises, except such as may be provided for in this lease, shall be made
without first having the consent, in writing, of the Landlord, and any
improvements, additions or alterations made by the Tenant after such consent
shall have been given, including any and all fixtures installed, excepting trade
fixtures, shall at Landlord's option remaining on the premises as the property
of the Landlord, without compensation to Tenant, or shall be removed therefrom
and the premises restored to their original condition at cost to Tenant, at the
expiration or sooner termination of this lease. The Tenant shall at his own
cost repair any damage caused by the removal of trade fixtures restoring the
premises to their original condition at his own expense. The Tenant agrees to
save Landlord harmless on account of claims for mechanics, materialmen, or other
liens in connection with any alterations, additions, or improvements to which
Landlord may give its consent in connection with the leased premises, and Tenant
will, if required by Landlord, furnish such waive or waivers of lien or bond in
form and with
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surety satisfactory to landlord, as Landlord may required before starting any
work in connection with alterations, additions or improvements to the leased
premises.
SIXTH: That the Tenant will not use or permit upon said premises
anything that will invalidate any policies of insurance now or hereafter carried
on said building or that will increase the rate of insurance on said demised
premises or on the building of which said demised premises are a part; that the
Tenant will not use or permit upon said demised premises anything that may be
dangerous to life or limb; the Tenant will not in any manner deface or injure
said building or any part thereof, or overload the floors of said premises, it
being mutually agreed that in no event shall any weight placed upon said floors
exceed seventy-five pounds per square foot of floor space covered; that the
Tenant will not permit any objectionable noise or odor to escape or be emitted
from said premises in any way tending to create a nuisance, or tending to
disturb any other tenant in said building or the occupants of neighboring
property, or tending to injure the reputation of said building: the Tenant will
comply with all governmental, health and police requirements and regulations
respecting said premises.
SEVENTH: Landlord shall not be held responsible for and is hereby
expressly relived from all liability by reason of any injury, loss or damage to
any person or party in or about the leased premises, unless caused by negligence
of Landlord, whether the loss, injury or damage be to the person or property of
the Tenant or any other person. This provision shall apply especially (but not
exclusively) to damage caused by water, snow, frost, steam, sewage, illuminating
gas, sewer gas, or odors, or by the bursting or leaking of pipes or plumbing
works, and shall apply equally whether such damage be caused by the act or
neglect of other tenants, occupants, or janitors of said building or of any
other persons, and whether such damage be caused or occasioned by anything above
mentioned or referred to, or by any other thing or circumstance, whether of a
like nature, or of a wholly different nature. If any such damage shall be
caused by the acts of neglect of the Tenant, the Landlord may, at its option,
repair such damage, whether caused to the building or the tenants thereof, and
the Tenant shall thereupon reimburse the Landlord the total cost of such damage
both to the building and to the tenants thereof. The Tenant further agrees that
all personal property upon the demised premises shall be at risk of the Tenant
only and that the Landlord shall not be liable for any damage thereto or theft
thereof. Nor shall the Landlord be liable for the stoppage or interruption of
water, light, heat, air conditioning, janitor or elevator service, caused by
riot, strike, accident, or to make needful repairs, or by any cause over which
the Landlord has no control. Nor shall the Landlord be liable for any act or
neglect of the janitors or other employees not authorized by the Landlord. And
such failure, delay or default of the janitors or employees shall not be
construed or considered as an actual or constructive eviction of the Tenant nor
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shall it in any way operate to release the Tenant from the punctual performance
of each and all of the other covenants herein contained by the Tenant to be
performed.
EIGHTH: That if default shall at any time be made by said Tenant in
the payment of the rent hereby reserved, or any installment thereof, or if
default shall be made in any of the other covenants herein contained, to be
kept, observed and performed by the Tenant, or if the leasehold interest shall
be levied on under execution, or in the event of the insolvency or bankruptcy of
the Tenant, or the filing of any petition under the bankruptcy statute,
voluntarily or involuntarily and whether or not resulting in an adjudication in
bankruptcy, or in the event of a partial or general assignment for the benefit
of a creditors, then, an din any of said cases, the Landlord may, at its option,
at once, without notice to the Tenant, termination this lease; and upon the
termination of said lease at the option of the Landlord as aforesaid, or at the
expiration by lapse of time of the term hereby demised, the Tenant will at once
surrender possession of said premises to the Landlord, and remove all effects
therefrom, and if such possession be not immediately surrendered, the Landlord
may forthwith re-enter said premises and repossess itself thereof as of its
former estate and remove all persons and effects therefrom using such force as
may be necessary, without being deemed guilty of any manner of trespass or
forcible entry and detainer. And the Tenant expressly waives the service of any
notice of intention to terminate this lease or to reenter said premises, and
waives the service of any demand for payment of rent or for possessions, and
waives the service of any and every other notice or demand prescribed by any
statute or other law, and agrees that the simple breach of any of the said
covenants shall, of itself, without the service of any notice or demand
whatever, constitute a forcible detainer by the Tenant of said premises, within
the meaning of the statutes of the State of Tennessee. No receipt of monies by
the Landlord from the Tenant, after the termination in any way of this lease, or
after giving of any notice, shall reinstate, continue or extend the term of this
lease or affect any notice given to the Tenant prior to the receipt of such
money, it being agreed that after the service of notice of the commencement of a
suit, or after final judgment for possession of said premises, the Landlord may
receive and collect any rent due, and the payment of said rent shall not waive
or affect said notice, said suit or said judgment. IF the Tenant shall not
remove all effects from said premises as above agreed, the Landlord may, at its
option, remove the same in any manner that the Landlord shall choose and store
the same without liability to the Tenant for loss thereof, and the Tenant will
pay the Landlord, on request, any and all expense incurred in such removal and
also storage on said effects for any length of time during which the same shall
be in the Landlord's possession; or the Landlord may at its option, without
notice, sell the said effects or any of the same for such price as the Landlord
xxx xxxx best and apply the proceeds of such sale upon any amounts due under
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this lease from the Tenant to the Landlord, including the expenses of the
removal and sale.
NINTH: That in the event the Tenant shall vacate said premises or
abandon the same during the life of this lease, the Landlord may, at its option,
without terminating this lease, but the Landlord shall not be under any
obligation to do so, enter into said premises, remove the Tenant's signs
therefrom, and relet the same for the account of the Tenant, for such rent and
upon terms as shall be satisfactory to the Landlord, without such re-entry
working a forfeiture of the rents to be paid and the covenants to be performed
by the Tenant during the full term of this lease; and for the purpose of such
re-letting the Landlord is authorized to make any repairs, changes, alterations
or additions in or to said demised premises that may be necessary or convenient,
and if a sufficient sum shall not be realized monthly from such re-letting,
after paying all of the costs and expenses of such re-letting the collection of
the rent accruing therefrom each month to satisfy the monthly rent above
provided to be paid by the Tenant, then the Tenant will pay and satisfy such
deficiency each month upon demand therefor.
TENTH: Should the building upon the demised premises be totally
destroyed by fire or other cause, or so damaged that rebuilding or repairs
cannot be completed within one hundred and eighty (180) days from date of fire,
or other cause of damage, this lease shall terminate and the Tenant shall be
allowed an abatement of rent from the date of such damage or destruction.
However, if the damage is such that rebuilding or repairs can be completed
within 180 days, the Landlord covenants and agrees to make such repairs with
reasonable promptness and dispatch, and to allow Tenant an abatement in the rent
for such time as the building is untenantable, or proportionately for such
portion of the leased premises as shall be untenantable and the Tenant covenants
and agrees that the terms of this lease shall not otherwise be affected.
ELEVENTH: If the whole of the demised premises, shall be taken or
condemned by any competent authority for public or quasi public use or purpose,
then, and in that event, the term of this lease shall cease and terminate when
the possession of the demised premises so taken shall be required for such use
or purpose and without apportionment of the award. If any part, less than the
whole, of the demised premises shall be so taken or condemned, then, and in that
event, the Landlord shall have the option exercisable by notice in writing to
the Tenant with sixty (60) days from the notice to Landlord of the taking or
condemnation, to terminate this lease and in the event Landlord does not
exercise its option reserved herein to so terminate this lease, it shall
continue with reference to the portion of the demised premises not taken or
condemned unless the same is rendered untenable by such taking and condemnation
or cannot be made tenantable by repairs to
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be conducted by Landlord at its expense. In either event, the entire award for
the taking an documentation of the premises shall belong to Landlord, and Tenant
shall have no interest therein; and in the event this lease continues with
reference to the portion of the demised premises not taken , the rental
specified hereunder shall be prorated and adjusted on a square footage basis.
In the event that this lease terminates by a taking or condemnation of the whole
of the demised premises or by the election on the part of Landlord as provided
herein, the current rental shall in either case be apportioned to the date of
termination of the lease.
TWELFTH: That if the Tenant shall move from said premises at any time
prior to the termination of this lease, the Landlord shall have the right to
enter upon said premises for the purpose of decorating the same or making
alterations or changes therein, without such entry in any manner affecting the
obligations of the Tenant hereunder.
THIRTEENTH: Landlord reserves the right to move Tenant to other space
in said building on thirty days' notice, Tenant to have the option within ten
days from the date of sid notice agree with Landlord upon new space. In case
Landlord and Tenant do not agree within said ten days upon terms of removal,
then this lease to become null and void and of no further effect, after thirty
days from the date of above notice, Landlord agrees to pay expenses of moving
Tenant to the new space agreed upon.
FOURTEENTH: The right of the Landlord to terminate this lease as
herein set forth is in addition to and not in exhaustion of such other rights
that the Landlord ash, or causes of action that may accrue to the Landlord
because of the Tenant's failure to fulfill, perform or observe the obligations,
agreements or covenants of this lease, and the exercise or pursuit by the
Landlord of any of the rights or causes of action accruing hereunder shall not
be an exhaustion of such other rights or causes of action that the Landlord
might otherwise have.
FIFTEENTH: No waiver of any condition expressed in this lease shall
be implied by any neglect of the Landlord to declare a forfeiture on account of
the violation of such condition if such violation be repeated or continued
subsequently and no express waiver shall affect any condition other than the one
specified in such waiver, and that one only for the time and in the manner
specifically stated.
SIXTEENTH: That the Tenant will pay all reasonable attorney's fees
and expenses the Landlord incurs in enforcing any of the obligations of the
Tenant under lease, or in any litigation or negotiation in which the Landlord
shall, without its fault, become involved through or on account of this lease.
SEVENTEENTH: A first lien is hereby expressly reserved
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by the Landlord and granted by the Tenant upon the terms of this lease and upon
all interest of the Tenant in this lease hold for the payment of rent and also
for the satisfaction of any cause of action which may accrue to the Landlord by
the provisions of this instrument. A first lien is also expressly reserved by
the Landlord and granted by the Tenant upon all personal property, fixtures,
improvements and all other fixtures erected or put in place or that may be
erected or put in place upon the premises by or through the Tenant or other
occupants for the payment of rent and also for the satisfaction of any causes of
action which may accrue to the Landlord by the provisions of this instrument.
EIGHTEENTH: That the tenant will pay to the Landlord, as liquidated
damages, double rent for all the time the Tenant shall retain possession of said
premises or any part thereof after the termination of this lease, whether by
lapse of time or otherwise; but the provisions of this clause shall not operate
as a waiver by the Landlord of any right of re-entry hereinbefore provided; nor
shall any waiver by the Landlord if its right to terminate this lease for breach
of covenant affect its right to terminate this lease for any later breach of the
same or another covenant.
NINETEENTH: It is understood and agreed that this lease does not
grant any rights to light and air over property, except public streets adjoining
the land on which said building is situated.
TWENTIETH: Tenant covenants to save and hold the Landlord harmless
from violations of the laws of the United States, of the State in which the
demised premises are located, and the ordinances and laws of the city in which
the demised premises are located.
TWENTY-FIRST: That in consideration of the execution of this lease by
the Landlord, the Tenant shall not use said premises for any purpose except that
which is above specified, and in particular will not expose nor offer for sale
on said premises, any alcoholic or other liquors, tobacco, drugs, flowers,
candies, confections, nor any other thing or things whether of a like or of a
wholly different nature, without the written consent of the Landlord, the right
being herein reserved to the Landlord to grant to any person, firm or
corporation the exclusive right and privilege to conduct any particular business
in said building, and such exclusive right and privilege so granted shall be
binding upon the Tenant hereunder the same as though specifically incorporated
in this lease.
TWENTY-SECOND: Tenant shall not install or connect any air
conditioning equipemnt, electric-driven motor or nay electrical, gas or water
appliance or equipment, without first submitting the same to Landlord and
securing its written consent. if such consent is obtained, Tenant shall each
month promptly pay
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the prevailing City or utility district which the demised premises are located,
rates for the gas, electricity and/or water used by the Tenant for the operation
of such appliances, in addition to the rent provided for in Section FIRST of
this lease. With respect to air conditioning or any other electrical, gas or
water appliance or equipment installed by or under Tenant, Landlord shall have
the right to require that the premises be restored to the condition existing
prior to the installation of said appliance, including the removal of any or all
ducts, wiring, piping, etc., and the repair and replacement of all damage caused
by such removal, or at Landlord' option, the right to retain all ducts, writing,
piping, etc., and the right to require the delivery of demised premises in the
condition as changed as the result of the installation of such ducts, wiring,
piping, etc., Unless parties agree to the contrary, nothing herein shall,
however, prevent Tenant from removing the air conditioning or other electrical
units installed by under Tenant, provided tenant is not then in default
hereunder.
TWENTY-THIRD: If Tenant shall fail to remove all effects from said
premises upon termination of this lease for any cause whatsoever, Landlord may
at its option remove the same in any manner that Landlord shall choose and store
said effects without liability to Landlord for loss thereof, and Tenant agrees
to pay Landlord on demand nay and all expenses incurred in such removal,
including court costs and attorney's fees and storage charge on such effects for
any length of time the same shall be in Landlord' possession, or Landlord may at
its option without notice sell said effects or any part of the same at private
sale and without legal proceeds for such price as Landlord may obtain and apply
the proceeds of such sale upon any amounts due under this lease from Tenant to
Landlord and upon the expense incident to the removal and sale of said effects.
TWENTY-FOURTH: Said Tenant shall give to said Landlord or its agent
promptly written notice of any accident to or defects in the water pipes, gas
pipes, air conditioning apparatus, to be remedied by sid Landlord with due
diligence from and after its receipt of any such notice.
TWENTY-FIFTH: This lease is subject and subordinate to all present
mortgages affecting the real estate and improvements thereon of which the
demised premises form a part, and to all renewals and extension thereof, and to
any mortgages which may hereafter be executed affecting the same.
TWENTY-SIXTH: It is agreed between the parties hereto that if the
rent stipulated herein at any time shall not be paid when due, then all
subsequent installments of rent, remaining unpaid, shall forthwith become due
and payable at the option of Landlord with notice to Tenant, and in case the
said Tenant declared bankrupt or voluntarily offers to creditors terms of
composition, or in case a receiver is appointed to take charge of
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and conduct the affairs of Tenant, such claim for further unpaid installments of
rent due under this lease shall be considered liquidated damages and shall
constitute a debt provable in bankruptcy or receivership.
TWENTY-SEVENTH: No act or thing done by Landlord or its agents during
the term hereby granted shall be deemed an acceptance of a surrender of said
premises, and no agreement to accept a surrender of said premises shall be valid
unless the same be made in writing and subscribed by Landlord. The provision in
this case of any particular remedy shall not preclude Landlord from any other
remedy Landlord might have, either in law or in equity, nor shall the waiver of
or redress for any violation of any covenant or condition in this lease
contained or any of the rules and regulations set forth herein in Exhibit "B" or
hereafter adopted by Landlord, prevent a subsequent act, which would have
originally constituted a violation, from having all the force and effect of an
original violation. In case it should be necessary or proper for Landlord to
bring any action under this lease or to consult or place said lease, for any
amount payable by Tenant thereunder, with an attorney concerning or for the
enforcement of any of Landlord's rights hereunder, then Tenant agrees in each
and any such case to pay to Landlord a reasonable attorney's fee. The receipt
by Landlord of rent with knowledge of the breach of any covenant in this lease
contained, shall not be deemed a waiver of such breach. The failure of Landlord
to enforce any of the rules and regulation set forth in Exhibit "B", or
hereafter adopted, against the Tenant and/or any other tenant in the building
shall not be deemed a waiver of such rules and regulations. The receipt by
Landlord of rent from any assignee, under-tenant or occupant of said premises
shall not be deemed a waiver of the covenant in this lease contained, against
assignment, and underletting or an acceptance of the assignee, undertenant or
occupant as Tenant, or a release of Tenant form the further observance or
performance by Tenant of the covenant in this lease contained, on the part of
the Tenant to be observed and performed. No provision of this lease shall be
deemed to have been waived by Landlord unless such waiver be in writing signed
by Landlord. In case of termination of this lease by Landlord under any option
herein provided for, Landlord may re-enter the premises without notice or
demand, an in that event rent shall become due and be apportioned and paid up to
and including the day of such entry.
TWENTY-EIGHTH: The parties hereto agree that if, through no fault of
Tenant, the demised premises shall not be ready for occupancy at the date upon
which the term hereby demised is to begin, the rent under this lease shall not
commence until the said demised premises are ready for occupancy; whereupon this
lease and all the covenants, conditions, and agreements herein contained shall
be given full force and effect, and the allowance of rent herein provided to be
paid by Tenant for such period prior to delivery of the demised premises to said
Tenant for occupancy,
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shall be in full settlement of all claims which Tenant might otherwise have by
reason of said demises premises not being ready for occupancy on the date of the
beginning of the term as set forth herein. The certificate of the architect or
company in charge of the construction of said building shall control
conclusively the date upon which the demised premises are ready for occupancy.
The parties also agree that for the purpose of completing or of making repairs
or alterations in any portion of said building, Landlord may use one or more of
the street entrances, the halls, passageways, and elevators of said building;
provided, however, that there shall be no unnecessary obstruction of the right
of entry to the demised premises while the same are occupied.
TWENTY-NINTH: [ELIMINATED]
THIRTIETH: The Landlord covenants that the Tenant upon paying the
rent and complying with the terms, covenants and conditions aforesaid shall and
may peaceably and quietly have, hold, and enjoy the leased premises for the term
aforesaid.
Further, the Landlord and tenant covenant with each other:
(a) That all rights and remedies of the Landlord under this lease
shall be cumulative, and none shall exclude any other rights and remedies
allowed by law.
(b) that the word "Landlord" and "Tenant" wherever used herein shall
be construed to mean Landlords and tenants in all cases where there is more than
one Landlord or Tenant, and the necessary grammatical changes required to make
the provisions hereof apply either to corporations or individuals, men or women,
shall in all cases be assumed as though in each case fully expressed.
(c) Tenant hereby waives and renounces any and all homestead
exemption rights he may have now, or hereafter, under or by virtue of the
constitution and laws of the State in which the demised premises are located, or
of any other state, or of the United States, as against the payment of said
rental or any portion thereof, or any other obligation or damages that may
accrue under the terms of this agreement.
(d) It is understood and agreed between the parties hereto that
notice from the Landlord mailed or delivered to the premises leased thereunder
shall constitute sufficient notice to the Tenant to comply with the terms of
this contract.
(e) It is further understood and agreed between the parties hereto
that any charges against the Tenant by the Landlord for supplies, services or
work done on the premises by order of the Tenant, or otherwise accruing under
this contract, shall be considered as rent due and shall be included in any lien
for rent
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due and unpaid.
(f) That all covenants, conditions, agreements and undertakings in
this lease shall extend to, and be binding on, the respective heirs, executors,
administrators, successors, and assigns of the respective parties hereto the
same as if they were in every case named.
(g) That this lease embodies the entire agreement of the parties
hereto and that the same may not be altered, changed, or amended except by an
instrument in writing executed by both parties.
(h) That this lease shall be interpreted in accordance with the laws
of the State of Tennessee. If any clause or provision hereof should be
determined to be illegal, invalid or unenforceable under present or future laws
effective during the term of this lease or any renewal term hereof, then and in
that event, it is the express intention of the parties hereto that the remainder
of this lease shall not be affected hereto, and it is also the express intention
of the parties hereto that in lieu of each clause of provision of this lease
which may be determined to be illegal, invalid or unenforceable, there may be
added as a part of this lease a clause of provision as similar in terms to such
illegal, invalid or unenforceable clause or provision as may be possible and be
legal, valid and enforceable.
THIRTY-FIRST: Periodical replacement of fluorescent tubes and bulbs
will be provided by Landlord, but the cost of such replacement tubes or bulbs
will be borne by Tenant.
THIRTY-SECOND: Rental rates are as follows:
9/1/95 - 8/31/97 $15,375.00/yr. or $1,281.25/mo.
9/1/97 - 8/31/2000 $17,425.00/yr. or $1,452.08/mo.
Addenda to Lease:
1. Tenant to pay utilities.
2. Tenant to pay any increases in taxes and insurance over the base
year prorated on a square foot basis.
3. Tenant to pay first and last months' rent in advance.
4. Landlord to provide Tenant build out not to exceed $10.00 per
square foot prorated over term of lease.
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5. Tenant has option to renew lease for an additional 5 years at the
then prevailing rates.
6. Tenant provided 5 parking permits (1 for Lot A and 4 for Lot B).
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IN WITNESS WHEREOF, the parties hereto have, on the day and year first
above written, executed this lease agreement in duplicate, on each to be
retained by each of the parties and each such copy to be considered as an
original for all purposes.
CUMMINS STATION, L.L.C.
ATTEST: By: /s/
--------------------------
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PICTURE VISION, INC.
ATTEST: By: /s/
--------------------------
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EXHIBIT "B"
RULES AND REGULATIONS
Rule 1. No sign, picture, advertisement, or notice shall be displayed,
inscribed, painted or affixed, on any part of the outside or inside of said
building, or on or about the premises hereby demised, except on the glass of
the doors and windows of said premises an don the Director Board of the
building, and then only of such color, size, style and materials as shall be
first specified by the Landlord in writing on this lease. No "For Rent" signs
shall be displayed by the Tenant, and no showcases, or obstructions, signs,
flags, xxxxxx poles, statuary, or any advertising device of any kind whatever
shall be placed in front of said building or in the passageways, halls, lobbies,
or corridors thereof by the Tenant; and the Landlord reserves the right to
remove all such showcases, obstructions, signs, flags, xxxxxx poles, statuary or
advertising devices and all signs other than those provided for, without notice
to the Tenant and at his expense.
Rule 2. The Tenant shall not, without the Landlord's written consent, put
up or operate any steam engine, boiler, machinery or stove upon the premises, or
carry on any mechanical business thereon, or do any cooking thereon, or use or
allow to be used upon the demised premises, oil, burning fluids, camphene,
kerosene for heating, warming or lighting, or anything (except gas or
incandescent electric lights, and those only of such company or companies as may
be supplying the building) for illuminating said premises. No article deemed
extra hazardous on account of fire and no explosives shall be brought into said
premises.
Rule 3. No additional locks shall be placed upon any doors of the
premises. Upon the termination of the lease the Tenant shall surrender to the
Landlord all keys of the premises.
Rule 4. Safes, furniture, boxes or other bulky articles shall be carried
into the premises only with written consent of the Landlord first obtained, and
then only by means of the elevators, by the stairways, or through the windows of
said building as the Landlord xxx in writing direct, and at such times an din
such manner and by such persons as the Landlord may direct. Safes and other
heavy articles shall be placed by the Tenant in such places only as may be first
specified in writing by the Landlord, and any damage done to the building or to
tenants or to other persons taking a safe or other heavy article in or out of
the demised premises, from overloading a floor, or in any other manner shall be
paid for by the Tenant causing such damage.
Rule 5. Elevator service and/or self-service elevator will be furnished by
the Landlord daily whenever said service shall, in the Landlord's judgment, be
required for the proper occupation and use
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of such premises.
Rule 6. Any person employed by the Tenant to do janitor work shall, while
in said building and outside of said demised premises, be subject to and under
the control and direction of the Superintendent of said building ((but not as
agent or servant of said Superintendent or of the Landlord).
The Landlord may retain a pass key to the premises and be allowed
admittance thereto at all times to enable its representatives to examine said
premises from time to time.
Rule 7. The Landlord and its agents shall have the right to enter the
demised premises at all reasonable hours for the purpose of examining or
exhibiting the same.
Rule 8. The Landlord, and its agents, shall have the right to enter the
demised premises at all reasonable hours for the purpose of making any repairs,
alterations, or additions which it or they shall deem necessary for the safety,
preservation or improvement of said premises of said building, and the Landlord
shall be allowed to take all material into and upon said premises that may be
required to make such repairs, improvements and additions, or any alterations
for the benefit of the Tenant without in any way being deemed or held guilty of
an eviction of the Tenant; and the rent reserved shall in no wise xxxxx while
said repairs, alterations, or additions are being made; and the Tenant shall not
be entitled to maintain a set-off or counter-claim for damages against the
Landlord by reason of loss or interruption to the business of the Tenant because
of the prosecution of any such work. All such repairs, decorations,
alterations, additions, and improvements shall be done during ordinary business
hours.
Rule 9. If the Tenant desires telegraphic or telephonic connections, or
the installation of any other electrical writing, the Landlord will, upon
receiving a written request from the Tenant, direct the electricians as to where
and how the wires are to be introduced and run, and without such directions no
boring, cutting or installations of wires will be permitted.
Rule 10. The Tenant shall not allow anything to be placed against or near
the glass in the partitions, between the premises leased and the halls or
corridors of the building, which shall diminish the light in, or prove unsightly
from the halls or corridors.
Rule 11. No electric current, intended for light or power purposes, shall
be used by the Tenants, excepting that furnished or approved by the Landlord;
nor shall electric or other wires be brought into the premises, except upon the
written consent and approval of the Landlord.
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Rule 12. The Tenant, when closing his office for business at any time,
shall see that all windows are closed, thus avoiding possible damage from fire,
storm, rain or freezing.
Rule 13. The Tenant shall not allow anything to be placed on the outside
window ledges of the premises, nor shall anything be thrown by the Tenn,t or his
employees, out of the windows of the building; nor shall they undertake to
regulate the thermostats, if any, which control the heat or air conditioning.
Rule 14. The water and wash closets and other plumbing fixtures shall not
be used for any purposes other than those for which they were constructed, and
no sweepings, rubbish, rags, or other substances shall be thrown therein. All
damages resulting from any misuse of the fixtures shall be borne by the Tenant
who, or whose servants, employees, agents, visitors or licensees, shall have
caused the same.
Rule 15. No bicycle or other vehicle, and no animal shall be brought into
the offices, halls, corridors, elevators or nay other parts of said building, by
the Tenant, his agents or employees.
Rule 16. No person shall disturb the occupants of this or any adjoining
building premises by the use of any musical instruments, unseemly noises,
whistling, singing or in any other way.
Rule 17. The premises leased shall not be used for lodging or sleeping,
nor for any immoral or illegal purposes or for any purpose that will damage the
premises.
Rule 18. The entrances, corridors, passages, stairways and elevators shall
be under the exclusive control of the Landlord nd shall not be obstructed, or
used by the Tenant for any other purpose than ingress and egress to and from the
leased premises.
Rule 19. Canvassing, soliciting and peddling in the building is prohibited
and each Tenant shall co-operate to prevent the same.
Rule 20. All office or other equipment of any electrical or mechanical
nature shall be placed by Tenant in demised premises in approved settings to
absorb or prevent any vibration, noise or annoyance.
Rule 21. No water cooler, air conditioning unit or system or other
apparatus shall be installed or used by any Tenant without the written consent
of landlord.
Rule 22. There shall not be used in any space, or in the public halls of
said building, either by any tenant or by jobbers, or others, in the delivery or
receipt of merchandise, any hand trucks, except those equipped with rubber tires
and side guards.
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Rule 23. The Landlord reserves the right to make such other and further
reasonable rules and regulations as in its judgment may from time to time be
needful for the safety, care and cleanliness of the premises, and for the
preservation for good order therein, and any such other or further rules or
regulations shall be binding upon the parties hereto with the same force and
effect as if they had been inserted herein at the time of the execution hereof.
