Commercial Lease Agreement
Exhibit
10.15
This
Commercial Lease Agreement ("Lease") is made and effective November 10, 2008, by
and between Mifflin Management ("Landlord") and Lakeland Industries
("Tenant").
Landlord
is the owner of land and improvements commonly known and numbered as 000 Xxxxxx
Xxxxxx, Xxxxxxxxxxx, XX 00000
Landlord
makes available for lease a portion of the Building designated as the first and
second floors (3,520 sq ft) of 000 Xxxxxx Xxxxxx, Xxxxxxxxxxx, XX (the "Leased
Premises").
Landlord
desires to lease the Leased Premises to Tenant, and Tenant desires to lease the
Leased Premises from Landlord for the term, at the rental and upon the
covenants, conditions and provisions herein set forth.
THEREFORE,
in consideration of the mutual promises herein, contained and other good and
valuable consideration, it is agreed:
1. Term.
Landlord
hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same
from Landlord, for an "Initial Term" beginning November 10, 2008 and will be on
a month to month term. Prorate rent for November, 2008 in the amount of
$590.00
2. Rental.
Tenant
shall pay to Landlord Eight Hundred Eighty Dollars per month (3,520 sq ft x
$3.00 sq ft). Each installment payment shall be due in advance on the first day
of each calendar month during the lease term to Landlord at Mifflin Management,
XX Xxx 00, Xxxxxxx, XX 00000, or at such other place designated by written
notice from Landlord or Tenant. The rental payment amount for any partial
calendar months included in the lease term shall be prorated on a daily basis.
Tenant shall also pay to Landlord a " Security Deposit " in the amount of Eight
Hundred Eighty Dollars.
3. Use
Not
withstanding the forgoing, Tenant shall not use the Leased Premises for the
purposes of storing, manufacturing or selling any explosives, flammables or
other inherently dangerous substance, chemical, thing or device.
4. Repairs.
During
the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to
the Leased Premises. Repairs shall include such items as routine repairs of
floors, walls, ceilings, and other parts of the Leased Premises damaged or worn
through occupancy, except for major mechanical systems or the roof, subject to
the obligations of the parties otherwise set forth in this Lease. All repairs shall require the
authorization of Xxxxxxxxxxx X. Xxxx and Xxxxxxx Xxxxxx,
mutually.
5. Alterations and
Improvements.
Tenant,
at Tenant's expense, shall have the right following Landlord's consent to
remodel, redecorate, and make additions, improvements and replacements of and to
all or any part of the Leased Premises from time to time as Tenant may deem
desirable, provided the same are made in a workmanlike manner and utilizing good
quality materials. Tenant shall have the right to place and install personal
property, trade fixtures, equipment and other temporary installations in and
upon the Leased Premises, and fasten the same to the premises. All personal
property, equipment, machinery, trade fixtures and temporary installations,
whether acquired by Tenant at the commencement of the Lease term or placed or
installed on the Leased Premises by Tenant thereafter, shall remain Tenant's
property free and clear of any claim by Landlord. Tenant shall have the right to
remove the same at any time during the term of this Lease provided that all
damage to the Leased Premises caused by such removal shall be repaired by Tenant
at Tenant's expense.
6. Insurance.
A. If the
Leased Premises or any other part of the Building is damaged by fire or other
casualty resulting from any act or negligence of Tenant or any of Tenant's
agents, employees or invitees, rent shall not be diminished or abated while such
damages are under repair, and Tenant shall be responsible for the costs of
repair not covered by insurance.
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B.
Landlord shall maintain fire and extended coverage insurance on the Building and
the Leased Premises in such amounts as Landlord shall deem appropriate. Tenant
shall be responsible, at its expense, for fire and extended coverage insurance
on all of its personal property, including removable trade fixtures, located in
the Leased Premises.
C. Tenant
and Landlord shall, each at its own expense, maintain a policy or policies of
comprehensive general liability insurance with respect to the respective
activities of each in the Building with the premiums thereon fully paid on or
before due date, issued by and binding upon some insurance company approved by
Landlord, such insurance to afford minimum protection of not less than
$1,000,000 combined single limit coverage of bodily injury, property damage or
combination thereof. Landlord shall be listed as an additional insured on
Tenant's policy or policies of comprehensive general liability insurance, and
Tenant shall provide Landlord with current Certificates of Insurance evidencing
Tenant's compliance with this Paragraph. Tenant shall obtain the agreement of
Tenant's insurers to notify Landlord that a policy is due to expire at least
(10) days prior to such expiration. Landlord shall not be required to maintain
insurance against thefts within the Leased Premises or the
Building.
7. Utilities.
Tenant
shall pay all charges for water, sewer, gas, electricity, telephone and other
services and utilities used by Tenant on the Leased Premises during the term of
this Lease unless otherwise expressly agreed in writing by Landlord. In the
event that any utility or service provided to the Leased Premises is not
separately metered, Landlord shall pay the amount due and separately invoice
Tenant for Tenant's pro rata share of the charges. Tenant shall pay such amounts
within fifteen (15) days of invoice. Tenant acknowledges that the Leased
Premises are designed to provide standard office use electrical facilities and
standard office lighting. Tenant shall not use any equipment or devices that
utilize excessive electrical energy or which may, in Landlord's reasonable
opinion, overload the wiring or interfere with electrical services to other
tenants.
8. Entry.
Landlord
shall have the right to enter upon the Leased Premises at reasonable hours to
inspect the same, provided Landlord shall not thereby unreasonably interfere
with Tenant's business on the Leased Premises.
9. Building
Rules.
Tenant
will comply with the rules of the Building adopted and altered by Landlord from
time to time and will cause all of its agents, employees, invitees and visitors
to do so; all changes to such rules will be sent by Landlord to Tenant in
writing. The initial rules for the Building are attached hereto as Exhibit "A"
and incorporated herein for all purposes.
10. Default.
If
default shall at any time be made by Tenant in the payment of rent when due to
Landlord as herein provided, and if said default shall continue for five (5)
days after written notice thereof shall have been given to Tenant by Landlord,
or if default shall be made in any of the other covenants or conditions to be
kept, observed and performed by Tenant, and such default shall continue for
fifteen (15) days after notice thereof in writing to Tenant by Landlord without
correction thereof then having been commenced and thereafter diligently
prosecuted, Landlord may declare the term of this Lease ended and terminated by
giving Tenant written notice of such intention, and if possession of the Leased
Premises is not surrendered, Landlord may reenter said premises. Landlord shall
have, in addition to the remedy above provided, any other right or remedy
available to Landlord on account of any Tenant default, either in law or equity.
Landlord shall use reasonable efforts to mitigate its damages.
11. Quiet
Possession.
Landlord
covenants and warrants that upon performance by Tenant of its obligations
hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable
and undisturbed and uninterrupted possession of the Leased Premises during the
term of this Lease.
12. Condemnation.
If any
legally, constituted authority condemns the Building or such part thereof which
shall make the Leased Premises unsuitable for leasing, this Lease shall cease
when the public authority takes possession, and Landlord and Tenant shall
account for rental as of that date. Such termination shall be without prejudice
to the rights of either party to recover compensation from the condemning
authority for any loss or damage caused by the condemnation. Neither party shall
have any rights in or to any award made to the other by the condemning
authority.
13. Security
Deposit.
The
Security Deposit shall be held by Landlord without liability for interest and as
security for the performance by Tenant of Tenant's covenants and obligations
under this Lease, it being expressly understood that the Security Deposit shall
not be considered an advance payment of rental or a measure of Landlord's
damages in case of default by Tenant. Unless otherwise provided by mandatory
non-waivable law or regulation, Landlord may commingle the Security Deposit
with Landlord's other funds. Landlord may, from time to time, without prejudice
to any other remedy, use the Security Deposit to the extent necessary to make
good any arrearages of rent or to satisfy any other covenant or obligation of
Tenant hereunder. Following any such application of the Security Deposit, Tenant
shall pay to Landlord on demand the amount so applied in order to restore the
Security Deposit to its original amount. If Tenant is not in default at the
termination of this Lease, the balance of the Security Deposit remaining after
any such application shall be returned by Landlord to Tenant. If Landlord
transfers its interest in the Premises during the term of this Lease, Landlord
may assign the Security Deposit to the transferee and thereafter shall have no
further liability for the return of such Security Deposit.
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14. Waiver.
No waiver
of any default of Landlord or Tenant hereunder shall be implied from any
omission to take any action on account of such default if such default persists
or is repeated, and no express waiver shall affect any default other than the
default specified in the express waiver and that only for the time and to the
extent therein stated. One or more waivers by Landlord or Tenant shall not be
construed as a waiver of a subsequent breach of the same covenant, term or
condition.
15. Memorandum of
Lease.
The
parties hereto contemplate that this Lease should not and shall not be filed for
record, but in lieu thereof, at the request of either party, Landlord and Tenant
shall execute a Memorandum of Lease to be recorded for the purpose of giving
record notice of the appropriate provisions of this Lease.
16. Headings.
The
headings used in this Lease are for convenience of the parties only and shall
not be considered in interpreting the meaning of any provision of this
Lease.
17. Successors.
The
provisions of this Lease shall extend to and be binding upon Landlord and Tenant
and their respective legal representatives, successors and assigns.
18. Consent.
Landlord
shall not unreasonably withhold or delay its consent with respect to any matter
for which Landlord's consent is required or desirable under this
Lease.
19. Compliance with
Law.
Tenant
shall comply with all laws, orders, ordinances and other public requirements now
or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall
comply with all laws, orders, ordinances and other public requirements now or
hereafter affecting the Leased Premises.
20. Final
Agreement.
This
Agreement terminates and supersedes all prior understandings or agreements on
the subject matter hereof. This Agreement may be modified only by a further
writing that is duly executed by both parties.
21. Governing
Law.
This
Agreement shall be governed, construed and interpreted by, through and under the
Laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have
executed this Lease as of the day and year first above written.
By: s/s Xxxx
Xxxxxx
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11/10/2008
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Landlord
Signature
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By: /s/ Xxxxxxxxxxx X.
Xxxx
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11/11/2008
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Tenant
Signature
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NON-RESIDENTIAL
LEASE FOR REAL ESTATE LC1
PART ONE
OF A TWO PART AGREEMENT
This form
recommended and approved for, but not restricted to use by, members of the
Pennsylvania Association of REALTORS® when used with an approved addendum
attached hereto,
LESSOR'S
BUSINESS RELATIONSHIP WITH PA LICENSED BROKER
BROKER
(Company) Mifflin Management
LLC
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PHONE
000-000-0000
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ADDRESS XX Xxx 00 Xxxxxxx, XX
00000
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FAX
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LICENSEE(S)
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Designated
Agent? r
Yes r
No
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BROKER
IS THE AGENT FOR LESSOR.
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OR
(if checked below):
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Broker is NOT the Agent for
Lessor and is a/an: r AGENT FOR
LESSEE r TRANSACTION
LICENSEE
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LESSEE'S
BUSINESS RELATIONSHIP WITH PA LICENSED BROKER
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BROKER
(Company) Lakeland Industries,
Inc.
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PHONE
000-000-0000
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ADDRESS 00 Xxxxx Xxxxxxx
Xxxxxx, Xxxxxxxxxxx, XX 00000
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FAX
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LICENSEE(S)
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Designated
Agent? r
Yes x
No
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BROKER
IS THE AGENT FOR LESSOR. OR (if checked below):
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||
Broker
is NOT the Agent for Lessor and is a/an: r AGENT FOR
LESSEE r TRANSACTION
LICENSEE
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When the
same broker is Broker for Lessor and Broker for Lessee, Broker is a Dual Agent.
All of Broker's licensees are also Dual Agents UNLESS there are separate
Designated Agents for Lessor and Lessee. If the same Licensee is designated for
Lessor and Lessee, the License, is a Dual Agent. Broker(s) may perform services
to assist unrepresented parties in complying with the terms of this
Lease.
1. This
Agreement, dated October 31, 2008 is
between
Mifflin Management
LLC
called “Lessor”, and
Lakeland Industries,
Inc.
called
“Lessee.”
2.
PROPERTY
(A)
Lessor agrees to lease to Lessee the premises known as 000 Xxxxxx Xxxxxx in
the Boro of
Shillington of Berks County of
_________ in the Commonwealth of Pennsylvania, Zip Code 19607 with improvements
consisting of __________________________________________ upon the following
terms and conditions:
(B) Total rental for entire term payable to
Lessor
(C) Payments in
advance x Monthly in the amount
of $
800.00
(D) Cash
or check to be paid before possession by Lessee which is to be applied on
account as follows:
Advance
rent _________ to
____________ Paid
$___________ Due $____________
On
account of final payment of rent _______
Paid $___________ Due
$____________ Security deposit (see paragraph 2
(f)) 0 Paid
$_______ Due $________
Credit report
_______________________ Paid $___________
Due $____________
Totals -
Paid to date.. Paid $___________ Due
$____________
Balance
due before possession.. ...... ...... ..... Due $ ___________
(E)
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Adjusted
payment of rent until regular due date, if any
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$
______________
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(F)
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Security
deposit
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$
______________
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(G)
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Late
charge if rent not paid within grace period.
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$
______________
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(H)
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Due
date for each payment
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Prior
to the 1st of
each month
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(I)
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Term
of this lease
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Month
to Month
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5
(J)
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Commencement
date of lease
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(K)
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Expiration
date of lease
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(L)
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Required
written notice to terminate this lease 30
Days
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(M)
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Renewal
term if not terminated by either party
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(N)
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Lessee
will occupy premises ONLY as
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(O)
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Maximum
number of occupants under this lease: one
(1)
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(P)
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Payments
to be made promptly when due in U.S. Dollars to:
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r Lessor r Broker for
Lessor
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(Q)
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Utilities
& services will be supplied as follows:
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Lessor
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Lessee
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Lessor
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Lessee
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pays
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pays
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pays
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pays
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r
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x
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Cold
Water
|
r
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x
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Gas
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|
r
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x
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Hot
Water
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x
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r
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Lawn
& Shrubbery Care
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r
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x
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Heat
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x
|
r
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Cesspool
Cleaning
|
|
r
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x
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Electric
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x
|
r
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Janitor
Service
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x
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r
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Yearly
Oil Burner Cleaning
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r
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r
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All
other
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x
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r
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Water
in Excess of
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||||
yearly
minimum charge
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r
|
r
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___________________
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|||
r
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x
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Snow
Removal
|
r
|
r
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___________________
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(R)
Unless otherwise stated, Lessee will pay the cost of any or
all repairs of any kind whatsoever, occurring after commencement of this
lease where the individual cost of each repair is less than
$____________.
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(S) No
pets or animals of any kind whatsoever will be permitted on or within the
herein described premise excepting
_______________________________________.
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3.
SPECIAL CLAUSES
(A)
Lessor and Lessee has received the Consumer Notice as adopted by the State Real
Estate Commission at 49 Pa Code §35.336 and §35.337.
4.
ADDENDUM
The
Lessor and Lessee agree for themselves, their respective heirs and successors
and assigns to the herein described terms and also to those set forth in the
addendum attached hereto entitled "TERMS AND CONDITIONS," (PART TWO) all of
which are, to be regarded as binding and as strict legal
conditions.
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