Exhibit 10.10
LEASE
1. HIRING: Lessor leases to Lessee and Lessee hires from Lessor, on the term
and conditions set forth herein, the premises described in Use Schedule.
2. TERM AND RENT: The term of this lease and the rent which Lessee agrees to
pay to Lessor are specified in the Schedule. Lessee agrees to pay the rent
to Lessor in lawful money of the United States of America, without
deductions or effect, in installments as provided in the Schedule. Rent for
partial months shall be prorated.
3. DEPOSIT: Upon execution of this lease, Lessee will pay to Lessor as a
security deposit the sum specified as "Deposit" in the Schedule. If Lessee
shall pay all rent and observe and perform all of the terms, covenants, and
conditions of this lease during the term and all extensions and renewal
thereof. Lessor shall repay the deposit to Lessee, without interest, within
three (3) days after Lessee vacates the premises. If Lessee defaults in any
of the terms, covenants or conditions of this (including but not limited to,
no payment of rent), Lessor may use or apply so much of the security deposit
as is required to cure or make good such default, or to indemnify Lessor for
loss or damage arising therefrom. Lessee agrees to restore the security
deposit to the full original amount immediately upon receipt of demand from
Lessor therefor. The security deposit will not be deemed a payment of the
monthly rent due for the last month of the term.
4. POSSESSION: If Lessor is unable to deliver possession of the premises to
Lessee at the commencement of the term for any reason whatsoever, this lease
shall not be voided or voidable for a period of thirty (30) days thereafter,
nor shall Lessor be liable to Lessee for any loss or damage resulting
therefrom, but the rent shall xxxxx until Lessor delivers possession of the
premises to Lessee. The term of this lease shall be extended for a period
equal to any such delay and Lessee agrees to pay the rent provided for
herein and perform all of the terms and conditions of this lease during such
extension.
If Lessor is unable to deliver possession of the premises within thirty
(30) days after the commencement date, this lease may be terminated by
Lessee by written notice to Lessor at any time thereafter prior to the date
possession is delivered to Lessee.
5. USE: The premises shall be used for the purpose provided in the Schedule,
and for no other purpose without the prior written consent of Lessor, Lessee
agrees to conduct his business in
accordance with the highest ethical standards of the business and profession
in which he is engaged, and in case of a breach of this covenant, Lessee
agrees that Lessor may cancel this lease.
6. ABANDONMENT: Lessee will not abandon or surrender the premises during the
term, and if Lessee does, or is dispossessed by process of law, or
otherwise, any personal property belonging to Lessee left on the premises
shall be deemed abandoned at the option of Lessor.
7. CONDITION OF PREMISES: Lessee's taking possession shall be conclusive
evidence as against Lessee that the premises were in good order and
satisfactory condition when Lessee took possession. No promise to alter,
remodel, or improve the premises or the building and no representation
respecting the condition of the premises or the building have been made by
Lessor to Lessee, unless the same is set forth in the Schedule. Lessee
waives all right to make repairs at the expense of Lessor, and to deduct the
cost thereof from the rent, and Lessee waives all rights under Section 1941
and 1942 of the Civil Code of the State of California. At the termination of
this lease by lapse of time or otherwise, Lessee shall surrender the
premises in as good a condition as when Lessee took possession, ordinary
wear and loss by fire excepted, failing which Lessor may restore the
premises to such condition and Lessee shall pay the cost thereof to Lessor
upon demand.
8. ALTERATIONS AND REPAIRS: Except for any initial leasehold improvements
provided for in the Schedule, Lessee shall not make or permit to be made any
alterations, additions, improvements, or changes in the premises without the
prior written consent of Lessor, which shall not be unreasonably withheld.
Subject to the service to be rendered by Lessor as set forth in the
Schedule, Lessee shall, at Lessee's own expense, keep the premises in good
order, condition, and repair during the term, including the replacement of
all broken glass with glass of the same size and quality under the
supervision and with the approval of Lessor. If Lessee does not make repairs
promptly and adequately, Lessor may but need not, make repairs, and Lessee
shall pay promptly the reasonable cost thereof. At any time or times, Lessor
either voluntarily or pursuant to governmental requirement, may make
repairs, alterations, or improvements in or to the building, or any part
thereof, including the premises, and during such operations Lessor may close
entrances, doors, corridors, elevators and or other facilities, all without
any liability to Lessee by reason of interference, inconvenience, or
annoyance, provided that Lessee shall have reasonable access to the
premises. Lessor shall
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not be liable to Lessee for any expense, injury or loss, or damage
resulting from work done in or upon, or the use of any adjacent or nearby
building, land, street or alley. In the event Lessee requests that repairs,
alterations, decorating, or other work in the premises be made during
periods other than ordinary business hours. Lessee shall pay Lessor for
overtime and other additional expenses incurred because of such request.
9. LIENS: Lessee agrees to keep the premises and the property on which the
premises are located free from any liens arising out of any work performed,
materials furnished, or obligations incurred by Lessee.
10. INDEMNIFICATION: Lessee waives all claims against Lessor for damages to
property, or to goods, wares, and merchandise stored in, upon, or about the
premises, and for injuries to persons in, upon, or about the premises from
any cause arising at any time, and Lessee agrees to indemnify and hold
Lessor exempt and harmless for and on account of any damage or injury to
any person or property arising from the use of the premises by Lessee or
from the failure of Lessee to keep the premises in good condition as herein
provided. Lessor shall not be liable to Lessee for any damage because of
any act or negligence of any co-tenant or other occupant of the same
building, or by any owner or occupant of adjoining or contiguous property,
not for overflow, breakage or leakage of water, steam, gas, electricity
from pipes, wires, or otherwise. Lessee will pay for all damage to the
building and to the tenants and occupants thereof caused by Lessee, his
agents', patients', clients', or invitees' misuse or neglect of said
premises, its apparatus, or appurtenances.
11. INSURANCE: Lessee at Lessee's expense will provide and keep in force
during the term of this lease and for the benefit of Lessor and Lessee
general liability insurance policies with companies and in form
satisfactory to Lessor, protecting Lessor and Lessee against any and all
liability occasioned by accident or disaster in amounts not less than that
specified as "insurance" in the Schedule. Lessee agrees to furnish copies
of such policies to Lessor upon request, Lessor agrees during the term to
carry fire and extended coverage insurance insuring Lessor's interest in
the premises in such amounts and covering such perils as Lessor shall
determine, but Lessor shall have no obligation to insure against loss by
Lessee to Lessee's leasehold improvements, fixtures, furniture, or other
personal property or about the premises occurring from any cause whatsoever
and Lessee shall have no interest in the proceeds of any insurance carried
by Lessor.
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If Lessor's insurance rates for the premises are increased at any time
during the term as a result of the nature of Lessee's use and occupancy of
the premises, Lessee agrees to reimburse Lessor for the full amount of such
increase immediately upon receipt of demand from Lessor therefor, such
increase shall be prorated as of the expiration of the term, if applicable.
12. SUBROGATION: Lessee and Lessor hereby waive any rights of subrogation
which their respective insurers might have under all policies of insurance
now existing or hereafter purchased during the term by either Lessor or
Lessee, insuring or covering the premises or any portion thereof, or
Lessee's leasehold improvements, furniture, fixtures, personal property,
business, or operations in or about the premises.
13. TAXES: Lessee will pay before delinquency any and all taxes, assessments,
license fees, and public charges levied, assessed, or imposed and which
become payable during the term hereof upon Lessee's fixtures, furniture and
personal property installed or located in the premises.
The term "basic taxes" as used in this subparagraph shall mean all
taxes and assessments levied, assessed, or charged against the real
property and improvements for the base tax year specified in the Schedule.
In the event the amount of taxes and assessments paid by Lessor for any
fiscal year during the term exceeds said basic taxes, Lessee agrees to pay
to Lessor within thirty (30) days after demand, as additional rent
hereunder, an amount equal to that portion of such increase as the total
square feet of Lessee's premises bears to the total leasable space. The
total square feet of Lessee's premises and the total square feet of the
building are specified in the Schedule for the purpose of this provision.
Lessee shall be considered the owner during the term of any leasehold
improvements installed at Lessee's expense, and any such leasehold
improvements may be assessed to lessee for property tax purposes. Except as
otherwise provided in the Schedule, Less shall not remove from the premises
any leasehold improvements installed by Lessor's prior written consent and
the ownership of any such leasehold improvements shall revert in Lessor
upon the expiration of the term.
14. SERVICES: So long as Lessee is not in default hereunder, Lessor will
furnish premises with such services as are specified in the Schedule, and
Lessee will pay for all other services supplied to the premises. Lessor
shall not be liable to Lessee or to any other party for any
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claim, injury, damage, rebate, or charge of any kind whatsoever which may
arise or accrue in case of the interruption of the supply of water, heat,
electricity, elevator service, air conditioning, gas, compressed air, or
refrigeration caused by conditions beyond Lessor's control, or by accident,
failure of power supply, repairs, strikes, fire, flood, act of God, or on
account of any defect of the building or the premises, nor shall any such
interruption be grounds for termination of this lease provided Lessor
exercises reasonable diligence to remedy such interruption.
15. PARKING: Lessee shall be entitled to use the parking spaces specified in
the Schedule. Lessee agrees that vehicles of Lessee or its employees shall
not park in driveways nor occupy parking spaces of other areas reserved for
any use such as visitors, delivery, loading, or other tenants.
16. DESTRUCTION: In the event of partial destruction of the building or
appurtenances during the term from a cause which is insured under Lessor's
fire and extended coverage insurance, Lessor shall forthwith repair the
same, provided such repairs can be made within ninety (90) days under the
laws and regulations of the state, county, federal, or municipal
authorities, but such partial destruction shall not annul or void this
lease, except that Lessee shall be entitled to a proportional reduction of
rent while such repairs are being made, such proportionate reduction to be
based upon the extent to which the making of such repairs interferes with
the business carried on by Lessee in the premises.
If the partial destruction is caused by a casualty which is not
insured by the Lessor's fire and extended covered insurance or if such
repairs cannot be made within thirty (30) days the Lessor or Lessee may
terminate this lease by giving written notice to the other party within
thirty (30) days after the damage occurs. If the lease is not terminated,
Lessor shall make such repairs within a reasonable time with this lease
continuing in full force and effect and the rent proportionately reduced
while the repairs are being made.
In the event the building in which the premises are located is
destroyed to the extent of not less than 50% of the then replacement cost
thereof, Lessor may elect to terminate this lease, regardless of whether
the premises are damaged, whether the partial destruction is caused by a
casualty which is covered by insurance, or whether the repairs can be made
within ninety (90) days. A total destruction of the building in which the
premises are located shall terminate this lease. In respect to any partial
destruction which Lessor is obligated to
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repair or may elect to repair under the terms of this paragraph and which
can be made within ninety (90) days the provisions of Section 1932,
subdivision 2 and Section 1933, Subdivision 4, of the Civil Code of the
State of California are waived by Lessee.
In the event of termination of this lease pursuant to any of the
provisions of this paragraph, rent and Lessee's portion of any tax increase
shall be apportioned on a per diem basis and shall be paid to the date of
casualty. In no event shall Lessor be liable to Lessee for any damages
resulting to Lessee from the happening of such casualty or from the
repairing or reconstruction of the premises or of the building, or from the
termination of this lease as herein provided, nor shall Lessee be relieved
thereby or in any such event from Lessee's obligations hereunder except to
the extent and upon the conditions expressly stated in the paragraph.
17. EMINENT DOMAIN: If the whole or any substantial part of the building or
appurtenant real property shall be taken or condemned by any competent
authority for any public use or purpose, the term of this lease shall end
upon, and not before, the date of such termination but the entire award
shall be the property of Lessor without apportionment.
18. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this lease, or any
interest herein, and shall not sublet the premises or any part thereof, or
any right or privilege appurtenant thereto, or suffer any other person (the
agents or employees of Lessee excepted) to occupy or use the premises, or
any portion thereof, without the prior written consent of Lessor, and a
consent to and assignment, subletting, occupation, or use by any other
person shall not be deemed a consent to any subsequent assignment:
subletting, occupation, or use by any other person. Any such assignment or
subletting without such consent shall be void, and shall, at the option of
Lessor, terminate this lease. Any transfer or assignment of this lease by
operation of law without the written consent of Lessor shall make this
lease voidable at the option of Lessor.
Lessor shall not unreasonably withhold its consent to a subletting by
Lessee provided that (a) the sublessee is financially responsible; (b) the
sublessee proposes to use the premises for the same purpose or a purpose
which is permitted by applicable zoning ordinances and regulations; (c) the
proposed use is not injurious to the premises; (d) the proposed use will
not disturb other tenants of Lessor in the building or immediate vicinity;
and (e) the proposed
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use will not violate any existing exclusive use provisions applicable to
the building or the premises.
Every assignment or sublease shall recite that it is and shall be
subject and subordinate to the provisions of this lease, and the
termination of this lease shall constitute a termination of every such
assignment or sublease.
LESSOR HEREBY CONSENTS TO AN ASSIGNMENT OF THIS LEASE OR SUBLEASE OF
ALL OR PART OF THE PREMISES TO A WHOLLY OWNED SUBSIDIARY OF LESSEE OR THE
PARENT ________ TO ANY CORPORATION INTO OR WITH WHICH LESSEE MAY BE MERGED
OR CONSOLIDATED; PROVIDED THAT LESSEE PROMPTLY PROVIDES LESSOR WITH A FULLY
EXECUTED COPY OF SUCH ASSIGNMENT OR SUBLEASE AND THAT LESSOR IS NOT
RELEASED FROM LIABILITY UNDER THE LEASE.
IF LESSOR CONSENTS TO A PROPOSED ASSIGNMENT OR SUBLEASE, THEN LESSOR
WILL HAVE THE RIGHT TO REQUIRE LESSEE WILL HAVE THE RIGHT TO REQUIRE LESSEE
TO PAY TO LESSOR A SUM EQUAL TO TWENTY-FIVE PERCENT (25%) OF (A) ANY RENT
OR OTHER CONSIDERATION PAID TO LESSEE BY ANY PROPOSED TRANSFEREE THAT
(AFTER DEDUCTING THE COSTS OF LESSEE, IF ANY, IN EFFECTING THE ASSIGNMENT
OR SUBLEASE, INCLUDING REASONABLE ALTERATIONS, COSTS, COMMISSIONS AND LEGAL
FEES IF IN ______ OF THE RENT ALLOCABLE TO THE TRANSFERRED SPACE THEN BEING
PAID BY LESSEE TO LESSOR PURSUANT TO THIS LEASE, AND (B) LESSOR'S
REASONABLE ATTORNEY'S FEES AND COSTS INCURRED IN CONNECTION WITH
NEGOTIATION, REVIEW AND PROCESSING OF THE TRANSFER (WHICH FEES AND COSTS
SHALL NOT IN ANY EVENT EXCEED $1,000). ALL SUCH SUMS PAYABLE WILL BE
PAYABLE TO LESSOR AT THE TIME THE NEXT PAYMENT OF MONTHLY RENT IS DUE.
19. SUBORDINATION: The rights of Lessee under this lease shall be and they are
subject and subordinate at all times to the lien of any mortgage or
mortgages, deed of trust or deeds of trust, now or hereafter in force
against the property, and to all advances made or hereafter to be made upon
the security thereof, and Lessee shall execute further instruments
subordinating this lease to the lien or liens of any such mortgage or
mortgages, deed of trust
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or deeds of trust, as shall be requested by Lessor, as long as Lessor is
provided a standard non-disturbance assignment. Lessee hereby irrevocably
appoints Lessor as attorney in fact for Lessee with full power and
authority or execute and deliver in the name of Lessee any such instrument
or instruments.
If any mortgagee or beneficiary elects to have this lease superior to
its mortgage or deed of trust and gives notice of such fact to Lessee, then
this lease shall be deemed superior to the lien of any such mortgage or
deed of trust, whether this lease or a memorandum thereof is dated or
recorded before or after said mortgage or deed of trust.
20. SIGNS: Lessee shall not place any signs, lettering, marks, photographs, or
any other material whatsoever, on the interior or exterior doors, windows,
hallways, or any other place in, on, or about the building, or its
appurtenances, without Lessee's prior written approval of the size, style,
design, color, material, manner of applying or fastening, and location
thereof, and the person or firm who shall install or apply the same.
21. LESSOR'S REMEDIES: If Lessee fails to make any payment of any such sum due
under this lease for ten (10) days after notice from Lessor or fails to
perform any other term, covenant, or condition hereof for twenty (20) days
after notice from Lessor, or if Lessee's interest herein, or any part
thereof, is assigned or transferred, either voluntarily or by operation of
law (except as expressly permitted by other provisions of this lease)
including, without limitation, the filing of a petition by or against
Lessee, or any member of Lessee if Lessee is a partnership or joint
venture, under any insolvency or bankruptcy laws, or if Lessee makes a
general or any assignment for the benefit of its creditors, then, in any
such events, Lessor shall have the right, at its option, in addition to and
not exclusive of any other remedy Lessor may have by operation of law,
without any further demand or notice, to re-enter the premises and eject
all persons therefrom, using all necessary forces to do so, and either:
(1) Declare this lease at an end, in which event Lessee shall immediately
pay to Lessor a sum of money equal to the amount, if any, by which the
then cash value of the rent reserved hereunder, for the balance of the
term of this lease exceeds the then cash reasonable rental value of
the premises for the balance of the term; or
(2) Without terminating this lease, relet the premises, of any part
thereof, as the agent and for the account of Lessee upon such terms
and conditions as Lessor may deem advisable, in
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which event to no rents received on such reletting shall be applied
___ to the expense of such reletting and collection, including
necessary renovation and alterations of the premises, reasonable
attorney's fees, any real estate commissions paid, and thereafter
toward payment of all sums due or to become due hereunder, and if a
sufficient sum is not thus realized to pay such sums and other
charges, Lessee shall pay Lessor any deficiency monthly,
notwithstanding Lessor may have received rent in excess of the rent
stipulated in this lease in previous or subsequent months, and Lessor
may bring an action therefor as such monthly deficiency shall arise.
Any such re-entry shall be allowed by Lessee without let or
hindrance, and Lessor shall not be liable in damages for any such re-
entry, or guilty of trespass or forcible entry.
No re-entry and taking of possession of the premises by Lessor
shall be construed as an election on Lessor's part to terminate this
lease, regardless of the extent of renovations and alteration by
Lessor, unless a written notice of such intention is given to Lessee
by Lessor. Notwithstanding any reletting without termination, Lessor
may at any time thereafter terminate this lease for such previous
breach.
22. SURRENDER: The voluntary or other surrender of this lease by Lessee, as a
mutual cancellation thereof, shall not work a merger, and shall, at the
option of Lessor, terminate all or any existing subleases or subtenancies,
or may, at the option of Lessor, terminate all or any existing subleases or
subtenancies, or may, at the option of Lessor, operate as an assignment to
Lessor of any or all such subleases or subtenancies.
23. REMOVAL OF PROPERTY: Lessee hereby irrevocably appoints Lessor as agent
and attorney in fact of Lessee, to enter upon the premises, in the event of
default by Lessee in the payment of any rent herein reserved, or in the
performance of any term, covenant, or condition herein contained to be kept
or performed by Lessee, and to remove any and all furniture and personal
property whatsoever situated upon the premises, and to place such property
in storage for the account of and at the expense of Lessee. In the event
that Lessee shall not pay the cost of storing any such property after the
property has been stored for a period of ninety (90) days or more, Lessor
may sell any or all of such property, and shall apply the proceeds of such
sale first to the cost and expenses of such sale, including reasonable
attorney's fees actually incurred; second to the payment of the costs or
charges for storing any such property; third, to the payment of any other
sums of money which may then
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or thereafter be due to Lessor from Lessee under any of the terms thereof;
and fourth, the balance, if any, to Lessee.
24. TRANSFER OF SECURITY: Lessor may transfer or deliver any security given by
Lessee to secure the faithful performance of any of the covenants of this
lease to the purchaser of successor of Lessor's interest in the premises,
and thereupon Lessor shall be discharged from any further liability in
reference thereto.
25. WAIVER: The waiver by Lessor or Lessee of any breach of any term,
covenant, or condition herein contained shall not be deemed to be a wavier
of such term, covenant, or condition or any subsequent breach of the same
or any other term, covenant, or condition herein contained. The subsequent
acceptance of rent hereunder by Lessor shall not be deemed to be a waiver
of any preceding breach by Lessee of any term, covenant, or condition of
this lease, other than failure of Lessee to pay the particular rent so
accepted, regardless of Lessor's knowledge of such preceding breach at the
time of acceptance of such rent.
26. HOLDING OVER: Any holding over after the expiration of the term, with the
consent of Lessor, shall be construed to be a tenancy from month to month
on the same terms and conditions of this lease, or for the recovery of the
possession of the premises, the prevailing party shall be entitled to
recover from the other party as a part of any judgment rendered.
27. ATTORNEY'S FEES: If an action at law or in equity shall be brought to
recover any rent under this lease, or for or to enforce or interpret any of
the terms, covenants, agreements, or conditions of this lease, or for the
recovery of the possession of the premises, the prevailing party shall be
entitled to recover from the other party as part of the prevailing party's
costs a reasonable attorney's fee, the amount of which shall be fixed by
the court and shall be made a part of any judgment rendered.
28. NOTICES: All notices to be given to Lessee may be given in writing,
personally or by depositing the same in the United States mail, postage
prepaid, and addressed to Lessee at the premises, whether or not Lessee has
departed from, abandoned, or vacated the premises. Notice to Lessor may be
given in writing personally or by depositing the same in the U.S. mail,
postage prepaid, and addressed to Lessor at the address to which the rent
is paid.
29. COMMISSION: Lessee warrants that Lessee has not had any dealings with any
realtor, broker, or agent, other than as specified in the Schedule hereto,
in connection with negotiating or recurring this lease.
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30. LESSOR ACCESS TO PREMISES: Lessor, its agents or employees shall have the
right to enter the premises at reasonable hours to make inspections; to
exhibit the premises to prospective purchasers, lender or tenant; to
determine if tenant is complying with all terms of and provisions of this
lease, to supply any service to be performed by Lessor to Lessee as
required in this lease; to past notices of responsibility and to make
repairs required of Lessor, it being understood that the Lessor shall not
be required to have such work performed outside of normal business hours.
Lessor shall retain a key for all doors to and within the premises and
shall have the right to use any means that Lessor deems proper to open any
door to or in the premises in order to gain entry to the premises.
31. GENERAL PROVISIONS: This lease contains all of the terms, covenants, and
conditions agreed to by Lessor and Lessee and it may not be modified orally
or in any manner other than by an agreement in writing signed by all of the
parties to this lease or the respective successors in interest.
Each term and each provision of this lease performable by Lessee shall
be construed to be both a covenant and a condition.
The covenants and conditions hereof, subject to the provisions as to
subletting and assignment, shall apply to and bind the heirs, successors,
executors, administrators, sublessees, and assigns of the parties.
All persons who have signed this lease shall be jointly and severally
liable hereunder.
When the context of this lease requires, the masculine gender includes
the feminine, a corporation, or a partnership, and the singular number
includes the plural.
The captions of this lease are for convenience only and are not a part
of this lease and do not in any way limit or amplify the terms and
provisions of this lease.
This lease shall be governed by and construed in accordance with the
laws of the State of California.
Time is of the essence as to all of the provisions of this lease.
32. OTHER TERMS AND CONDITIONS: None.
33. RULES: The rules and regulations contained in this lease, as well as
reasonable rules and regulations as may be hereafter adopted by Lessor for
the safety, care, and cleanliness of the premises and the preservation of
good order thereon, are hereby expressly made a part hereof, and Lessee
agrees to obey all such rules and regulations.
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Rules and Regulations attached to and made a part of this Lease
(a) Peaceful Enjoyment: Lessee, its employees, and visitors shall not
interfere with the peaceful enjoyment of the premises by other lessees, if any,
or those having business with them. Lessee shall not permit the placing of
litter in or upon the building and grounds and shall not permit any animal,
bicycle, motorcycle, or vehicle to be brought into or kept in the building.
(b) Moving Heavy Objects: Lessee shall be responsible to repair any
damage occasioned by the moving of freight, furniture, or other objects into,
within, or out of the building. No heavy objects of any nature shall be placed
upon any floor without Lessor's prior written approval as to the adequacy of the
allowable floor loading at the point where the objects are intended to be moved
or stored. Lessor may specify the time of moving to minimize inconvenience to
other lessees, if any.
(c) Obstructions: Waste, Markings: No drapes or sunscreens of any nature
shall be installed without Lessor's prior written approval. The sash doors,
sashes, windows, glass doors, lights and skylights that reflect or admit light
into the building shall not be covered or obstructed. The toilets and urinals
shall not be used for any purpose other than those for which they were
constructed, and no rubbish, newspapers or other substances of any kind shall be
_____ into them. Waste and excessive or unusual use of water shall not be
allowed. Lessee shall not xxxx, drive nails, screw or drill in, paint, not in
any way deface the walls, ceilings, partitions, floors, wood, stone or ironwork.
The expense of repairing any breakage, stoppage, or damage resulting from a
violation of this rule shall be borne by the Lessee who has caused such
breakage, stoppage or damage.
(d) Locks: No additional lock or locks shall be placed by Lessee on any
door unless written consent of the Lessor shall first have been obtained. Two
keys will be furnished by Lessor. All keys shall be surrendered to Lessor upon
termination or expiration of the lease term.
(e) Janitorial Services: If Lessor supplies janitorial services, Lessee
shall not, without Lessor's prior consent, employ any person or persons, other
than the janitor of Lessor, for the purpose of cleaning the leased premises.
Lessor shall not be responsible for the loss of property from the leased
premises, however occurring, or for any damage to any Lessee occasioned by any
of Lessor's employees or subcontractors or by any other person.
(f) Outside Storage: No materials, supplies, equipment, finished
products, or semi-finished products, raw materials, or articles of any nature
shall be stored upon or permitted to
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remain on any portion of the leased premises outside of the building constructed
thereon, except with the prior written consent of the Lessor.
(g) Other Rules: Lessor reserves the right to make such other rules and
regulations, including parking regulations, as in Lessor's judgment may from
time to time be necessary for the safety, cleanliness, and orderly operation of
the leased premises. Lessee agrees to require its employees to abide by any such
rules and regulations, including parking regulations.
34. SCHEDULE: The following Schedule is part of this lease:
1. DESCRIPTION OF PREMISES: Suites A through __, Suites __ through __, and
Suites U and V at 000 Xxxxxxx Xxxxxx, Xxxx Xxxx, with floor plans
attached to this lease (Exhibit A).
2. TERMS: 24 (twenty-four) months commencing December 1, 1997, and ending
a 5:00 p.m. on November 30, 1999.
3. RENT: $18,269.00 (Eighteen thousand, Two Hundred Sixty-Nine Dollars)
per month, payable in equal installments in said amount in advance on
the first day of each month, commencing December 1, 1997, and
continuing on the same day of each month for the balance of the term.
The rent is $2.00 per square foot per month for all ground floor
suites, and $1.75 per square foot for suites U and V. Rent shall be
payable to Lessor at Dr. and Mrs. Jean Lust, 0000 Xxxxxxx Xxxxxx, Xxx.
#0, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, Telephone: (000) 000-0000. Checks
made payable to Real Estate Properties, or at such other place as
Lessor may designate in writing. Lessor acknowledges receipt of the
following $18,269.00 rent upon execution of this lease.
4. DEPOSIT: $20,000 (Twenty Thousand Dollars), receipt of which is hereby
acknowledged.
5. USE OF PREMISES: Software Development, sales, marketing,
administration, travel ticketing, fulfillment, option, and related
uses.
6. REPRESENTATION AND CONDITION OF PREMISES: All suites, carpets and
windows will be clean. $2,400.00 will be available to install new
carpet in Suites U and V. All outside doors will be re-keyed. Door
signs and Directory signs will be named Internet Travel Network
according to the needs of the tenant.
Lessor represents that the premises will be in good order and
repair and that all services provided _____ shall be in good operating
condition. Lessor shall maintain and keep the exterior
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of the building in good order and repair and watertight at Lessor
expense, except for damages caused by Lessor or his agents or invitees.
Lessor will use best efforts to perform any regular maintenance or
repair within fifteen (15) days of written notice provided by Lessee.
7. SERVICES TO BE PROVIDED BY LESSOR: Heating, air conditioning,
electricity, garbage, water and ______. Tenant pays for own janitorial
and telephone usage. Lessor and Lessee will use the same janitorial
company, as directed by Lessor. Landlord pays taxes and insurance,
except under _______paragraph 10. Lessor shall pay their own personal
property taxes. The above services provided by Lessor will be
maintained by Lessor at ____ expense.
8. LEASEHOLD IMPROVEMENTS TO BE PROVIDED BY LESSOR: Lessor agrees to move
walls and create doorways in Suites __ and K as outlined in Exhibit A.
Lessor agrees to remove cabinet wall and door from Suite __. The wooden
bookcases on the property limit walls in Suites B and C will be removed
by Lessor and the walls painted. Lessor will invoice Lessee for the
cost of these improvements ____ ____ in this paragraph and in Exhibit A
and the removal of the bookcases. Lessor to complete in a timely
manner, but in any event, prior to December 31, ___ __ ____ _____.
9. REMOVAL OF PROPERTY: At any time Lessee may, and prior to the end of
the lease term Lessee shall, remove from the premises furniture,
equipment, and other personal property installed by Lessee or at
Lessee's expense. Lessee shall not remove any fixtures or leasehold
improvements without Lessor's prior written consent, except the
following; fixtures installed by Lessee which can be removed without
damage to building.
Upon Lessor's written request, Lessee shall remove the following
fixtures and leasehold improvements: None.
Lessee shall repair any damage to the promises caused by removal of any
property, and shall restore the premises to its conditions at the
commencement of the term, less reasonable wear and tear. All of such
removal and restoration shall be accomplished at Lessor's expense prior
to the end of the lease term.
10. LESSEE'S INSURANCE: Tenants to carry their own liability insurance.
$1,000,000 for injuries to any person
$1,000,000 for injuries to any one accident
$1,000,000 for damage to property
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11. TAXES: All taxes ___ in paragraph 13 of the lease, which is a ___
lease, will be paid by Lessor.
12. PARKING: No parking space available on the premises.
13. RENEWAL OPTION: Lessee shall have the option to renew this lease for an
additional period of 24 (Twenty Four) months following the expiration
of the original term upon giving written notice to Lessor, at least 120
(One Hundred and Twenty) days, but no more than 180 (One Hundred and
Eighty) days before the expiration of the original term of Lessee's
election to exercise its renewal option. The extended term shall be
upon all the terms and conditions contained in this lease, except that
the monthly rental for the extended term shall be negotiated at time of
renewal.
This lease is subject to termination of Landlord's lease with Marimba, Inc.
for the premises.
EXECUTED as of this 24/th/ day of November, 1997.
LESSOR LESSEE
________________________ __________________________
Dr. Jean Lust Internet Travel Network
By Xxxx Xxxxxxxx
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