STATE OF ALABAMA )
COUNTY OF MONTGOMERY )
LEASE AGREEMENT
THIS LEASE, made this 9th day of December, 1998, by and between
Industrial Partners, hereinafter referred to as "Lessor"; and Alcool, Inc.,
hereinafter, referred to as "Lessee":
WITNESSETH:
Premises 1. The Lessor, for and in consideration of the rents,
covenants, agreements, and stipulations hereinafter
mentioned, reserved and contained, to be paid, kept
and performed by the Lessee, has leased and rented
and hereby does lease and rent to the Lessee, and
said Lessee hereby agrees to lease and take upon the
terms and conditions which hereinafter appear, the
following described property (hereinafter called
"Premises"):
Situated in Montgomery County, Alabama, and known as
Lot2-9B according to the Map of Part of Parcel 0-0
Xxxxxx Xxxxxxxxxx Xxxx Xxxx I and Parcel 0-0 Xxxxxx
Xxxxxxxxxx Xxxx Xxxx 2, being in the west 1/2 of
Section 35, T17N, R18E and Xxxxxxx 0, X00X, X00X,
Xxxxxxxxxx Xxxxxx, Xxxxxxx, as said map appears of
record in the office of the Judge of Probate of
Montgomery County, Alabama, in Plat Book 27, Page 80,
containing 6.26 acres, more or less.
On this property is a partially constructed 81,358
square foot building known as Building "E" with the
civic address to be 0000 XxxXxxx Xxxx, Xxxxxxxxxx,
Xxxxxxx 00000.
Lessor shall cause commencement of the completion of
construction of the improvements upon the Premises to
occur immediately upon execution of this Lease, in
accordance with the architectural plans and building
specifications to be agreed upon by the parties
hereto. When the final plans and specifications are
agreed upon by the parties, a copy thereof shall be
signed by the parties and shall become part of the
Lease Agreement. If such plans and specifications are
not agreed to within 20 days from the date hereof,
this Lease Agreement shall terminate and be of no
further force and effect.
This Lease is subject to all encumbrances, easements,
covenants and restrictions of record. Lessor will
provide to Lessee a title opinion reasonably
satisfactory to Lessee.
Term 2. To have and to hold for a term of 5 years, said
term to begin on the date of issuance of a
certificate of occupancy (the "Commencement Date")
and end at midnight on the day immediately prior to
the fifth anniversary of the Commencement Date.
Rental 3. Lessee shall pay to Lessor monthly base rental of
$20,340.00 (the "Basic Rent") and monthly additional
rental of $1,815.00 (the "Additional Rent") due on
the first day of each month, in advance, without
offset or demand, commencing on the "Commencement
Date". If the commencement Date occurs on a date
other than the first day of a calendar month, the
monthly rental for such fractional month shall be
prorated to the end of that calendar month, and all
succeeding installments of monthly rental shall be
payable on or before the first day of each calendar
month during the term.
The Additional Rent is to amortize Lessor's cost of
$146,373 for certain improvements to be completed at
Lessee's request, over a ten year period using an
interest factor of 8.50 percent. Lessee may prepay
the outstanding principal balance of the Additional
Rent at any time during the term of this Lease.
If Lessee does not exercise its option to extend the
term of this Lease for an additional five years under
paragraph 3 1, Lessee shall, upon expiration of the
original five year term, pay to Lessor $88,455, as
the remaining principal balance of the Additional
Rent.
Upon execution of this Lease and approval of the
plans and specifications for completion of the
building and improvements, Lessee shall pay to Lessor
$22,155 representing the first month's Basic Rent and
Additional Rent due hereunder. In the event Lessee
fails to pay the rent or any other payment called for
under this Lease within ten (10) days of its due
date, Lessee shall pay a late charge equal to five
percent (5%) of the unpaid amount, which late charge
shall be paid with the required payment. Lessor's
acceptance of a late rent payment not accompanied by
the late charge shall not constitute Lessor's waiver
of the right to collect such charge.
Utility Bills 4. Lessee shall place all utility bills in its name
and shall pay same, along with all assessments
pertaining to the Premises, including, but not
limited to,' natural gas, electricity, fire
protection and sanitary pick up bills for the
Premises, or used by Lessee in connection therewith.
If Lessee does not pay same, Lessor may pay the same
and such payment shall be added to and treated as
additional rental of the Premises. Lessor shall pay
water and sewer bills for ordinary use but Lessee
shall pay for any extraordinary use of such
utilities.
Mortgagee's Rights 5. Subject to the next succeeding sentence, Lessee's
rights shall be subject to any bona fide mortgage or
deed to secure debt which is now, or may hereafter
be, placed upon the Premises by Lessor, and Lessee
agrees to execute and deliver such documentation as
may be required by any such mortgagee to effect such
subordination within ten (10) days of receipt of a
request for execution of such document. Any
subordination of this Lease Agreement by the Lessee
shall be subject to the Lessor obtaining from each
mortgagee of the Premises a non-disturbance agreement
providing that the
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Lessee's possession of the Premises will not be
disturbed so long as Lessee fully performs its
obligations under this Lease Agreement.
Maintenance and
Repairs by Lessee 6. Lessee shall not allow the Premises to fall out of
repair or deteriorate, and, at Lessee's own expense
Lessee shall keep and maintain said Premises, except
portions of the Premises to be repaired by Lessor
under terms of Paragraph 7 below. Lessee also agrees
to keep all systems pertaining to water, fire
protection, drainage, sewer, electrical, heating,
ventilation, air conditioning and lighting in good
order and repair, and agrees to return same to Lessor
at the expiration of this Lease or renewal hereof in
good operating condition. The Lessee covenants and
agrees that during the term of this Lease and for
such further time as the Lessee or any person
claiming under it, shall hold the Premises or any
part thereof, it shall not cause the estate of the
Lessor in said Premises to become subject to any
lien, charge or encumbrance whatsoever, it being
agreed that the Lessee shall have no authority,
express or implied, to create any lien, charge or
encumbrance upon the estate of the Lessor in the
Premises.
Repairs by Lessor 7. Lessor agrees to keep in good repair the roof and
exterior walls, including exterior painting,
exclusive of all glass and exclusive of all exterior
doors. Lessor will maintain the grounds and
landscaping. Lessor gives to Lessee exclusive control
of premises and shall be under no obligation to
inspect said Premises. Lessee shall promptly notify
Lessor of any damage required under this paragraph to
be repaired by Lessor, and Lessee shall be under no
duty to repair unless it receives notice of such
damage.
Modifications and
Alteration to the
Premises 8. No modification or alterations to the building on
the Premises or openings cut through the roof are
allowed without prior written consent of Lessor. In
the event any such modifications or alterations are
performed, same shall be completed in accordance with
all applicable codes and regulations.
Return of Premises 9. Lessee agrees to return the Premises to Lessor, at
the expiration or prior termination of this Lease,
broom clean and in as good condition and repair as
when first received, natural wear and tear, damage by
storm, fire, lightning, earthquake or other casualty
alone excepted. Lessee agrees to remove its personal
property from the Premises at the expiration or prior
termination of this Lease.
Destruction of or
Damage to
Premises 10. If Premises are totally destroyed by storm, fire,
lightning, earthquake or other casualty, this Lease
shall terminate as of the date of such destruction,
and rental shall be accounted for as between Lessor
and Lessee as of that date, unless as of the date of
such destruction there remains at least 24 full
months of the lease term or Lessee is willing to
extend the term to at least 24 months following the
date of such destruction. If at least 24 months
remain in the term or the term is extended to at
least
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24 months from the date of a total destruction of the
Premises, or if Premises are damaged, but not wholly
destroyed by any such casualties, rental shall xxxxx
in such proportion as use of Premises has been
destroyed, and Lessor shall restore Premises to
substantially the same conditions as before damage as
speedily as practicable, whereupon full rental shall,
recommence; provided further, however, that the same
cannot be reasonably repaired and restored within
three (3) months from date of the casualty, then
either Lessor or Lessee may cancel this Lease by
giving written notice to the other party within
thirty (30) days from the date of such casualty. In
the event of such cancellation, rental shall be
apportioned and paid up to the date of such casualty.
If following damage or destruction of the Premises,
Lessee believes that Lessee can restore the Premises
in a shorter time than proposed by Lessor, Lessee may
arrange for such restoration, subject to Lessor's
approval of plans and specifications, and Lessee
shall bear all costs in excess of the amount Lessor
would have incurred in such restoration.
Indemnity 11. (A) Lessee agrees to indemnify and save harmless
the Lessor against all claims for injuries to persons
or damages to property by reason of the use or
occupancy of the Premises, the improvements on the
Premises or the failure or cessation of services to
the Premises, other than for claims arising out of
Lessor's negligence, and all expenses incurred by
Lessor because of such injuries or occupancy
including attorneys' fees and court costs.
(B) Lessor agrees to indemnify and save harmless
the Lessee against all claims for injuries to persons
or damages to property by reason of the use or
occupancy of the Premises, the improvements on the
Premises or the failure or cessation of services to
the Premises, other than for claims arising out of
Lessee's negligence, and all expenses incurred by
Lessee because of such injuries or occupancy,
including attorney's fees and court costs.
Governmental
Orders 12. Lessee agrees, at its own expense, to promptly
comply with all requirements of any legally
constituted public authority made necessary by reason
of Lessee's use or occupancy of Premises or operation
of its business. Lessor agrees to promptly comply
with any such requirements if not made necessary by
reason of Lessee's occupancy or operation of the
Premises. It is mutually agreed, however, between
Lessor and Lessee, that in order to comply with such
requirements, the cost to Lessor or Lessee, as the
case may be, shall exceed a sum equal to three months
rent (as measured by the year in which the
requirements arise), then Lessor or Lessee who is
obligated to comply with such requirement shall be
entitled to terminate this Lease by giving written
notice of termination to the other party, which
termination shall become effective sixty (60) days
after receipt of such notice, and which notice shall
eliminate necessity of compliance with such
requirement by party giving notice unless party
receiving such notice of termination shall, before
termination becomes effective, pay to party giving
notice all cost of compliance in excess of three
months rent, or secure payment of such sum in a
manner satisfactory to party giving notice.
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Notwithstanding any provisions or limitations in this
paragraph to the contrary, Lessee shall be
responsible for any and all costs and expenses
arising from any violation of environmental laws or
regulations caused by Lessee's activities or
occupancy of the Premises. Further, Lessee's option
to terminate this Lease due to the cost of compliance
with environmental laws or regulations shall only be
available to Lessee if the law or regulation in
question was enacted after the date of this Lease.
Condemnation 13. If the whole of the Premises, or such portion
thereof as will make Premises unusable for the
purpose herein leased, shall be condemned by any
legally constituted authority for any public use or
purpose, or sold under threat of condemnation, then,
in any of said events the term hereby granted shall
cease from the time when possession or ownership
thereof is taken by public authorities and rental
shall be accounted for as between Lessor and Lessee
as of that date. Such termination, however, shall be
without prejudice to the rights of either Lessor or
Lessee to recover compensation and damage caused by
condemnation from the condemnor. It is further
understood and agreed that neither the Lessee, nor
the Lessor, shall have any rights in any award made
to the other by any condemnation.
Assignment 14. Lessee may not assign this Lease, or any interest
thereunder, or sublet the Premises in whole or in
part, without the prior express written consent of
Lessor which will not be unreasonably withheld.
Lessee shall remain liable to Lessor for all of
Lessee's obligations under this Lease notwithstanding
any assignment by Lessor. Lessee agrees not to assign
or sublease Premises to any one who will create a
nuisance or trespass, nor use the Premises for any
illegal purpose; nor in violation of any valid
regulations of any governmental body; nor in any
mariner to vitiate the insurance. Upon any such
sublease or assignment, Lessee shall provide Lessor
with copies of any and all documents pertaining to
such sublease or assignment.
Hazardous
Substances 15. Lessee will not use or suffer the use (by Lessee
or any other person or entity) of the Premises as a
landfill or as a dump for garbage or refuse, or as a
site for storage, treatment or disposal of hazardous
wastes, hazardous substances, or toxic substances
(defined as "hazardous waste" or "hazardous
substance" under Section 1004 of the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6801
et. seq., or Section 101 of the Comprehensive
Environmental Responses, Compensation, and Liability
Act, 42 U.S.C. Section 9601 et. seq. or under any
other applicable laws, ordinances or regulations);
Lessee shall not permit hazardous or toxic waste,
contaminants, asbestos, oil radioactive or other
material , the removal of which is required, or the
maintenance or storage of which is prohibited,
regulated, or penalized by any local, state, or
federal agency, authority, or governmental unit, to
be brought onto the Premises or so brought or found
located thereon, shall cause the same to be
immediately removed, unless same complies with all
applicable laws, and Lessee's obligation to so remove
shall survive the termination of this Lease; Lessee
will not use or suffer the use of the Premises in any
manner than in full compliance with all applicable
federal, state and local environmental laws
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ordinances and regulations. Lessee immediately shall
notify Lessor orally and in writing of any notice
from a government agency with respect to a violation
of environmental laws and regulations at the
premises. Lessee shall indemnify, defend and hold
Lessor harmless from and against any and all costs,
damages, and expenses (including, without limitation,
environmental compliance or response cost, costs for
all remedial action and/or damage to third parties,
attorney's fees and court costs at both trial and
appellate levels, and damages for business
interruption and any lost profits) resulting,
directly or indirectly, from any environmental
contamination of the Premises or any misstatement or
misrepresentation of facts concerning the matters
recited in this paragraph. Lessor represents that to
the best of its knowledge, the Premises have been
used in compliance with all applicable environmental
laws and are not contaminated by any hazardous
wastes, hazardous substances or toxic substances.
Lessor shall indemnify, defend and hold Lessee
harmless from and against any and all costs, damages,
and expenses (including without limitation,
environmental compliance or response costs, costs for
all remedial action and/or damage to third parties,
attorneys fees and court costs at both trial and
appellate levels, and damages for business
interruption and any lost profits) resulting,
directly or indirectly, from any environmental
contamination of the Premises not caused by Lessee.
Removal of Fixtures 16. Lessee may (if not in default hereunder) prior to
the expiration of this Lease, or any extension
hereof, remove all fixtures and equipment which
Lessee has placed in Premises, provided Lessee
repairs all damages to Premises caused by such
removal. Provided, however, Lessee shall not remove,
under any circumstances, the following: heating,
ventilating, air conditioning, plumbing, electrical
and lighting systems and fixtures or dock levelers.
In the event this Lease is terminated for any reason,
any property remaining in or upon the Premises shall
be deemed to be property of the Lessor and Lessor may
dispose of same as it deems proper with no liability
to Lessor and no obligation to Lessee; provided,
however, not toxic waste, toxic substance, hazardous
waste or hazardous substance shall under any
circumstances be deemed or become Lessor's property.
Default; Remedies 17. It is mutually agreed that in the event (A) the
rent herein reserved is not paid at the time and
place when and where due and Lessee fails to pay said
rent within ten (10) days after written demand from
Lessor; (B) the Premises shall be deserted or vacated
for a period of six consecutive months; (C) the
Lessee shall fail to comply with any term, provision,
condition, or covenant of this Lease, other than the
payment of rent, and shall not cure such failure
within thirty (30) days after notice to the Lessee
of such failure to comply unless such failure cannot
reasonably be cured within 30 days and Lessee is
diligently pursuing cure; (D) Lessee causes any lien
to be placed against the Premises or any part thereof
and does not remove same within thirty (30) days
after notice from Lessor to Lessee demanding removal
in any such events, Lessor shall have the option at
once, or during continuance of such default or
condition t9 do any of the following, in addition to,
and not limitation of, any other remedy permitted by
law, by statute, in equity, or by this Lease.
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(1) Terminate this Lease, in which event Lessee shall
immediately surrender the Premises to Lessor. Lessee
agrees to indemnify Lessor for all loss, damage and
expense which Lessor may suffer by reason of such
termination, whether through inability to relet the
Premises, through decrease in rent, through incurring
court costs, actual attorneys' fees or other costs in
enforcing this provision or otherwise;
(2) Lessor, as Lessee's agent, without terminating
this Lease, may terminate Lessee's right of
possession, and, at Lessor's option, enter upon and
rent Premises at the best price obtainable by
reasonable effort, without advertisement and by
private negotiations and for any term Lessor deems
proper. Lessee shall be liable to Lessor for the
deficiency, if any, between Lessee's rent hereunder
and the price obtained by Lessor or reletting and for
any damage, actual attorneys' fee or expenses
incurred by Lessor in enforcing its rights under this
provision.
(3) Lessor also retains the right to apply for and
obtain a dispossessory action against Lessee and to
hold Lessee liable for all costs incident to seeking
such dispossessory action, including actual
attorneys' fees and court costs.
Pursuit of any of the foregoing remedies shall not
preclude pursuit of any other remedies herein
provided or any other remedies provided by law.
Entry for Carding,
Etc. 18. Lessor may card Premises "For Lease" or "For
Sale" ninety (90) days before the termination of this
Lease. Lessor may enter the Premises at reasonable
hours during the term of this Lease to exhibit same
to prospective purchasers or tenants and to make
repairs required of Lessor under the terms hereof, or
to make repairs to Lessor's adjoining property, if
any.
Effects of
Termination of
Lease 19. No termination of this Lease prior to the normal
ending hereof, by lapse of time or otherwise, shall
affect Lessor's right to collect rent for the period
prior to termination hereof subject to any rights of
Lessee hereunder.
No Estate in Land 20. This Lease shall create the relationship of
landlord and tenant between Lessor and Lessee; no
estate shall pass out of Lessor; Lessee has only a
usufruct, not subject to levy and sale and not
assignable by Lessee except as provided in Paragraph
14 above.
Holding Over 21. If Lessee remains in possession of Premises after
expiration of the term hereof, with Lessor's
acquiescence and without any express agreement of
parties, Lessee shall be a month-to-month tenant upon
all of the same terms and conditions as contained in
this Lease, except that the rental rate shall become
one and one-half times the amount of rent in effect
at the end of said term of this Lease; and there
shall be no renewal of this Lease by operation of
law. Such month-to-month tenancy shall only require
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thirty (30) days notice by either party to the other
to terminate such tenancy and Lessee's right of
possession.
Rights Cumulative 22. All rights, powers and privileges conferred
hereunder upon parties hereto shall be cumulative but
not restrictive to those given by law.
Notices 23. Any notice given pursuant to this Lease shall be
in writing and sent by certified mail, return receipt
request, or by reputable overnight courier to:
(a) Lessee in care of Peregrine Industries, Inc., 000
Xxxxx Xxxxxxxx Xxxxx, Xxxxxxxxx Xxxxx, Xxxxxxx 00000,
Attention: President or such other address as Lessor
may hereafter designate in writing to Lessee.
(b) Lessor in care of Industrial Partners, P. O. Xxx
0000, Xxxxxxxxxx, Xxxxxxx 00000 Attention: Xxx
Xxxxxx, or such other addresses as Lessee may
hereafter designate in writing to Lessor. Any notice
sent in the manner set forth above shall be deemed
sufficiently given for all purposes hereunder on the
day said notice is deposited in the mail or with the
courier.
Waiver of Rights 24. No failure of either party to exercise
any power given the party hereunder, or to insist
upon strict compliance by the other party with its
obligations hereunder, and no custom or practice of
the parties at variance with the terms hereof shall
constitute a waiver of such party's right to demand
exact compliance with the terms hereof.
Time of Essence 25. Time is of the essence in this Lease.
Definitions 26. "Lessor" as used in this Lease shall include
Lessor, its heirs, representatives, assigns, and
successors in title to the Premises. "Lessee" shall
include Lessee, its heirs and representatives,
successors, and if this Lease shall be validly
assigned or sublet, shall include also Lessee's
assignees or sub-leases, as to Premises covered by
such assignment or sublease. "Lessor" and "Lessee"
include male and female, singular and plural,
corporation partnership or individual, as may fit the
particular parties.
Exterior Signs 27. Lessee is given permission to erect its customary
signs used to identify itself on the Premises,
provided any such signs conform to all ordinances
pertaining thereto and to the prior approval of
Lessor, based upon a scaled drawing provided by
Lessee, and provided further, that Lessee shall be
responsible for any damage to the building occasioned
by the installment and/or removal of such signs.
Ad Valorem Taxes 28. Lessee herein is leasing 81,358 square feet of a
81,358 square foot building. Therefore, wherever in
this Lease reference is made to "Lessee's pro rate
share", such reference shall mean 100%. Lessor will
pay all ad valorem taxes levied against the full
81,358 square foot building each year of the Lease
term or any renewal hereof. Commencing in the year
2000 and during each remaining year of the Lease term
herein granted, or any renewal hereof, Lessee, as
additional rent, shall reimburse Lessor for all sums
paid by Lessor for the above ad valorem taxes in
excess of the total amount of ad valorem taxes
payable for the year 1999. Upon being notified
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by Lessor of said pro rate share of increased ad
valorem taxes, Lessee will remit same to Lessor
within thirty (30) days.
Lessee shall have the right in the name of Lessor but
at Lessee's expense, to take whatever action
(including litigation) Lessee deems necessary to
contest the validity or amount of the assessed
valuation of the Premises or of the ad valorem tax
for any tax year, and Lessee at its cost and expense
may undertake by appropriate proceedings in the name
of Lessor, or Lessee, to contest or effect a review
of the validity or amount of said assessed valuation
or ad valorem tax for any tax year. Any documents
required to enable Lessee to prosecute any such
proceedings shall be executed and delivered by Lessor
within a reasonable time after demand therefor.
Lessor shall inform Lessee in time to permit Lessee
to undertake such contest or review, and shall
furnish all pertinent data required to undertake such
contest or review.
Real estate ad valorem taxes for the purpose of this
paragraph shall not include assessments for public
improvements.
If there is any remission or refund of all or any
part of Lessee's tax payment for any tax year for
which Lessee's tax payment has been paid, Lessee
shall be entitled, without demand, to an appropriate
refund for such taxes.
Lessor agrees to promptly notify Lessee in writing
should Lessor receive from any taxing authority any
notice that such taxing authority proposes to
increase, modify or change any of the ad valorem tax
assessments.
Lessor agrees that Lessee may actively participate in
any hearing before any taxing authority, including,
without limitation, the tax assessor, board of
equalization or other public authority, relative to
any modification or change of assessments or rate of
taxation. Lessor further agrees not to enter into any
agreement or understanding with respect to any
increase in, or change or modification of, the ad
valorem taxes without having first secured the
written consent of Lessee.
Use of Premises
and Insurance 29. (A) Premises shall be used only for manufacturing
and distribution purposes. Premises shall not be used
for any illegal purposes, nor in any manner to create
any nuisance or trespass, nor in any manner to
vitiate the insurance, based on the above purposes
for which the Premises are leased. Lessor warranties
Premises are zoned for the applicable use.
(B) Lessor will carry, at Lessor's expense, "All
Risk" Insurance Coverage on the full 81,358 square
foot building in an amount not less than the full
insurable value. The term "full insurable value"
shall mean the actual replacement cost, excluding
foundation and excavation costs, as determined by
Lessor. Commencing in the year 2000 and during each
remaining year of the Lease term herein granted, or
any renewal hereof, Lessee, as additional rent, shall
reimburse Lessor for Lessee's pro rata share of all
sum s paid by Lessor for the above coverage in excess
of the annual premium for said coverage for the year
1999, unless such increases are the result of
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the occupancy or use by any other tenant in the
building, in which case Lessee shall have no
obligation to pay any portion of such increase.
However, if such increases are the result of the
occupancy or use by any sub-tenant or assignee of
Lessee, Lessee shall be responsible for the increase
on the entire building. Upon being notified by Lessor
of said increased sums, Lessee will remit to Lessor
said amount within thirty (30) days. Upon being
notified by Lessor of an increase in insurance costs,
Lessee may propose substitute insurance, if such
insurance can be located at lesser cost, and Lessor
will not unreasonably refuse to substitute such
insurance if comparable in coverage and with an
insurer of comparable financial ratings.
(C) Lessee will carry, at Lessee's own expense,
insurance coverage on all equipment, inventory,
fixtures, furniture, appliances and other personal
property on the Premises.
(D) All insurance provided for in this Lease shall be
effected under enforceable policies issued by
insurers of recognized responsibility licensed to do
business in the state where to Premises are located.
On request of Lessor the original renewal policy for
such insurance shall be delivered by the Lessee to
the Lessor. On request of the Lessor, the Lessee will
furnish satisfactory evidence of its payment. The
original policy or policies shall be delivered to
Lessor at the commencement of this Lease.
(E) Lessor and Lessee will each cause the other to be
named as an additional insured on their respective
liability insurance policies.
Miscellaneous 30 (A) Lessor's liability under this Lease shall be
limited to its interest in the Premises and no
judgement obtained by Lessee against Lessor or any of
its partners shall be enforceable against any other
property or asset.
(B) Each party shall, within ten (10) days of receipt
of written request from the other, furnish the
requesting party an estoppel certificate as to this
Lease in such form as shall be reasonably requested.
(C) This Lease contains the entire agreement of the
parties hereto, and no representations, inducements,
promises or agreements, oral or otherwise, between
the parties, not embodied herein, shall be of any
force or effect. This Lease shall be governed by the
Law of the State of Alabama.
(D) If any term, covenant or condition of this Lease
or the application thereof to any person, entity or
circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Lease, or the
application of such term, covenant or condition to
persons, entities or circumstances other than these
which or to which used may be held invalid or
unenforceable, shall not be affected thereby, and
each term, covenant or condition of this Lease shall
be valid and enforceable to the fullest extent
permitted by law
Option to Renew 31. At the expiration of the original term of this
Lease, Lessee shall have the option to extend this
Lease for an additional term of five (5) years upon
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THIS IS ALL THAT WAS GIVEN TO BE SCANNED.
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