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Agreement of Lease, made this ___ day of April, in the year 2017, between
Joseph P. Day Realty Corp., as agent for 2 West 45th Street LLC, having an office at 9 East 40th
Street, New York, NY 10016
Party of the first part, hereinafter referred to as OWNER, and
Law Offices of Gisela Chavez-Garcia LLC, having an office at _____________________
Party of the second part, hereinafter referred to as TENANT,
Witnesseth: Owner hereby leases to Tenant and Tenant hereby hires from Owner
Suite 1201
in the building known as 2 West 45th Street
in the Borough of Manhattan, City of New York, for the term of 7 years, 3 months
(or until such term shall sooner cease and expire as hereinafter provided) to commence on the date (the
Commencement Date) on which Owner delivers to Tenant the demised premises with Owners Work
therein substantially complete and to end on the last day of the month in which occurs the date 7 years, 3
months after the Commencement Date, both dates inclusive, at an annual rental rate of $67,396.00 per
annum; subject to increases for electricity and adjustments as provided in rider with even date herewith,
which Tenant agrees to pay in lawful money of the United States, which shall be legal tender in payment of all debts and dues, public and
private, at the time of payment, in equal monthly installments in advance on the first day of each month during said term, at the office of
Owner or such other place as Owner may designate, without any setoff or deduction whatsoever, except that Tenant shall pay the first
monthly installment(s) on the execution hereof (unless this lease be a renewal).
In the event that, at the commencement of the term of this lease, or thereafter, Tenant shall be in default in the Payment of rent to
Owner pursuant to the terms of another lease with Owner or with Owners predecessor in interest, Owner may at Owners option and
without notice to Tenant add the amount of such arrears to any monthly installment of rent payable hereunder and the same shall be
payable to Owner as additional rent.
The parties hereto, for themselves, their heirs, distributees, executors, administrators, legal representatives, successors and
assigns, hereby covenant as follows:
Rent: 1. Tenant shall pay the rent as above and as hereinafter provided.
Occupancy: 2. Tenant shall use and occupy the demised premises for law offices and no other purpose.
Tenant 3. Tenant shall make no changes in or to Owner, Tenant shall immediately, and at its expense, repair and restore
Alterations: the demised premises of any nature without the demised premises to the condition existing prior to any such
Owners prior written consent. Subject to the installations, and repair any damage to the demised premises or the
prior written consent of Owner, and to the provisions of this article, building due to such removal. All property permitted or required to be
Tenant, at Tenants expense, may make alterations, installations, removed by Tenant at the end of the term remaining in the demised
additions or improvements which are non-structural and which do not premises after Tenants removal shall be deemed abandoned and may, at
affect utility services or plumbing and electrical lines, in or to the the election of Owner, either be retained as Owners property or may be
interior of the demised premises, by using contractors or mechanics first removed from the demised premises by Owner, at Tenants expense.
approved in each instance by Owner. Tenant shall before making any
alterations, additions, installations or improvements, at its expense, Maintenance 4. Tenant shall, throughout the term of this lease,
obtain all permits, approvals and certificates required by any and take good care of the demised premises and the
governmental or quasi-governmental bodies and (upon completion) Repairs: fixtures and appurtenances therein. Tenant shall
certificates of final approval thereof, and shall deliver promptly be responsible for all damage or injury to the
duplicates of all such permits, approvals and certificates to Owner, and demised premises or any other part of the building and the systems and
Tenant agrees to carry, and will cause Tenants contractors and sub- equipment thereof, whether requiring structural or nonstructural repairs
contractors to carry, such workers compensation, commercial general caused by, or resulting from, carelessness, omission, neglect or improper
liability, personal and property damage insurance as Owner may require. conduct of Tenant, Tenants subtenants, agents, employees, invitees or
If any mechanics lien is filed against the demised premises, or the licensees, or which arise out of any work, labor, service or equipment
building of which the same forms a part, for work claimed to have been done for, or supplied to, Tenant or any subtenant, or arising out of the
done for, or materials furnished to, Tenant, whether or not done pursuant installation, use or operation of the property or equipment of Tenant or
to this article, the same shall be discharged by Tenant within thirty days any subtenant. Tenant shall also repair all damage to the building and
thereafter, at Tenants expense, by payment or filing a bond as permitted the demised premises caused by the moving of Tenants fixtures,
by law. All fixtures and all paneling, partitions, railings and like furniture and equipment. Tenant shall promptly make, at Tenants
installations, installed in the demised premises at any time, either by expense, all repairs in and to the demised premises for which Tenant is
Tenant or by Owner on Tenants behalf, shall, upon installation, become responsible, using only the contractor for the trade or trades in question,
the property of Owner and shall remain upon and be surrendered with selected from a list of at least two contractors per trade submitted by
the demised premises unless Owner, by notice to Tenant no later than Owner. Any other repairs in or to the building or the facilities and
twenty days prior to the date fixed as the termination of this lease, elects systems thereof, for which Tenant is responsible, shall be performed by
to relinquish Owners right thereto and to have them removed by Owner at the Tenants expense. Owner shall maintain in good working
Tenant, in which event the same shall be removed from the demised order and repair the exterior and the structural portions of the building,
premises by Tenant prior to the expiration of the lease, at Tenants including the structural portions of the demised premises, and the public
expense. Nothing in this article shall be construed to give Owner title to, portions of the building interior and the building plumbing, electrical,
or to prevent Tenants removal of, trade fixtures, moveable office heating and ventilating systems (to the extent such systems presently
furniture and equipment, but upon removal of same from the demised exist) serving the demised premises. Tenant agrees to give prompt
premises or upon removal, of other installations as may be required by notice of any defective condition in the demised premises for which
In Witness Whereof, Owner and Tenant shall have respectively signed and sealed this lease as of the day and year first above written.
______________________________________________________
BY: ______________________________________________________
RULES AND REGULATIONS ATTACHED TO AND only on the freight elevators and through the service entrances and corridors, and
only during hours and in a manner approved by Owner, Owner reserves the right to
MADE A PART OF THIS LEASE
inspect all freight to be brought into the building and to exclude from the building
IN ACCORDANCE WITH ARTICLE 33. all freight which violates any of these Rules and Regulations of the lease, or which
these Rules and Regulations are a part.
1. The sidewalks, entrances, driveways, passages, courts, elevators, 9. Canvassing, soliciting and peddling in the building is prohibited and
vestibules, stairways, corridors or halls shall not be obstructed or encumbered by Tenant shall cooperate to prevent the same.
Tenant or used for any purpose other than for ingress or egress from the demised 10. Owner reserves the right to exclude from the building all persons who
premises, and for delivery of merchandise and equipment in a prompt and efficient do not present a pass to the building signed by Owner. Owner will furnish passes
manner using elevators and passageways designed for such delivery by Owner. to persons for whom Tenant requests same in writing. Tenant shall be responsible
There shall not be used in any space, or in the public hall of the building, either by for all persons for whom he requests such pass, and shall be liable to Owner for all
any tenant or by jobbers or others in the delivery or receipt of merchandise, any acts of such persons. Tenant shall not have a claim against Owner by reason of
hand trucks, except those equipped with rubber tires and sideguards. If said Owner excluding from the building any person who does not present such pass.
premises are situated on the ground floor of the building, Tenant thereof shall 11. Owner shall have the right to prohibit any advertising by Tenant
further, at Tenants expense, keep the sidewalk and curb in front of said premises which in Owners opinion, tends to impair the reputation of the building or its
clean and free from ice, snow, dirt and rubbish. desirability as a building for offices, and upon written notice from owner, Tenant
2. The water and wash closets and plumbing fixtures shall not be used shall refrain from or discontinue such advertising.
for any purposes other than those for which they were designed or constructed, and 12. Tenant shall not bring or permit to be brought or kept in or on the
no sweepings, rubbish, rags, acids or other substances shall be deposited therein, demised premises, any inflammable, combustible, explosive, or hazardous fluid,
and the expense of any breakage, stoppage, or damage resulting from the violation material, chemical or substance, or cause or permit any odors of cooking or other
of this rule shall be borne by the Tenant, whether or not caused by the Tenant, or process, or any unusual or other objectionable odors, to permeate in, or emanate
its clerks, agents, employees or visitors. from, the demised premises.
3. No carpet, rug or other article shall be hung or shaken out of any 13. If the building contains central air conditioning and ventilation,
window of the building and Tenant shall not sweep or throw, or permit to be swept Tenant agrees to keep all windows closed at all times and to abide by all rules and
or thrown, from the demised premises any dirt or other substances into any of the regulations issued by Owner with respect to such services. If Tenant requires air
corridors or halls, elevators, or out of the doors or windows or stairways of the conditioning or ventilation after the usual hours, Tenant shall give notice in writing
building, and Tenant shall not use, keep or permit to be used or kept, any foul or to the building superintendent prior to 3:00 p.m. in the case of services required on
noxious gas or substance in the demised premises, or permit or suffer the demised weekdays, and prior to 3:00 p.m. on the day prior in case of after hours service
premises to be occupied or used in a manner offensive or objectionable to Owner required on weekends or on holidays. Tenant shall cooperate with Owner in
or other occupants of the building by reason of noise, odors, and/or vibrations, or obtaining maximum effectiveness of the cooling system by lowering and closing
interfere in any way with other tenants or those having business therein, nor shall venetian blinds and/or drapes and curtains when the suns rays fall directly on the
any bicycles, vehicles, animals, fish , or birds be kept in or about the building. windows of the demised premises.
Smoking or carrying lighted cigars or cigarettes in the elevators of the building is 14. Tenant shall not move any safe, heavy machinery, heavy equipment,
prohibited. bulky matter, or fixtures into or out of the building without Owners prior written
4. No awnings or other projections shall be attached to the outside walls consent. If such safe, machinery, equipment, bulky matter or fixtures requires
of the building without the prior written consent of Owner. special handling, all work in connection therewith shall comply with the
5. No sign, advertisement, notice or other lettering shall be exhibited, Administrative Code of the City of New York and all other laws and regulations
inscribed, painted or affixed by Tenant on any part of the outside of the demised applicable thereto, and shall be done during such hours as Owner may designate.
premises or the building, or on the inside of the demised premises if the same is 15. Refuse and Trash. (1) Compliance by Tenant. Tenant covenants and
visible from the outside of the demised premises, without the prior written consent agrees, at its sole cost and expenses, to comply with all present and future laws,
of Owner, except that the name of Tenant may appear on the entrance door of the orders, and regulations, of all state, federal, municipal, and local governments,
demised premises. In the event of the violation of the foregoing by Tenant, Owner departments, commissions and boards regarding the collection, sorting, separation
may remove same without any liability, and may charge the expense incurred by and recycling of waste products, garbage, refuse and trash. Tenant shall sort and
such removal to Tenant. Interior signs on doors and directory tablet shall be separate such waste products, garbage, refuse and trash into such categories as
inscribed, painted or affixed for Tenant by Owner at the expense of Tenant, and provided by law. Each separately sorted category of waste products, garbage,
shall be of a size, color and style acceptable to Owner. refuse and trash shall be placed in separate receptacles reasonably approved by
6. Tenant shall not mark, paint, drill into, or in any way deface, any part Owner. Such separate receptacles may, at Owners option, be removed from the
of the demised premises or the building of which they form a part. No boring, demised premises in accordance with a collection schedule prescribed by law.
cutting or stringing of wires shall be permitted, except with the prior written Tenant shall remove, or cause to be removed by a contractor acceptable to Owner,
consent of Owner, and as Owner may direct. Tenant shall not lay linoleum, or at Owners sole discretion, such items as Owner may expressly designate. (2)
other similar floor covering, so that the same shall come in direct contact with the Owners Rights in Event of Noncompliance. Owner has the option to refuse to
floor of the demised premises, and, if linoleum or other similar floor covering is collect or accept from tenant waste products, garbage, refuse or trash (a) that is not
desired to be used, an interlining of builders deadening felt shall be first affixed to separated and sorted as required by law or (b) which consists of such items as
the floor, by a paste or other material, soluble in water, the use of cement or other Owner may expressly designate for Tenants removal, and to require Tenant to
similar adhesive material being expressly prohibited. arrange for such collection at Tenants sole cost and expense, utilizing a contractor
7. No additional locks or bolts of any kind shall be placed upon any of satisfactory to Owner. Tenant shall pay all costs, expenses, fines, penalties or
the doors or windows by Tenant, nor shall any changes be made in existing locks damages that may be imposed on Owner or Tenant by reason of Tenants failure to
or mechanism thereof. Tenant must, upon the termination of his tenancy, restore to comply with the provisions of this Building Rule 15, and, at Tenants sole cost and
Owner all keys of stores, offices and toilet rooms, either furnished to, or otherwise expense, shall indemnity, defend and hold Owner harmless (including reasonable
procured by, Tenant, and in the event of the loss of any keys, so furnished, Tenant actual out-of-pocket legal fees and expenses) from and against any actions, claims
shall pay to Owner the cost thereof. and suits arising from such noncompliance, utilizing counsel reasonably
8. Freight, furniture, business equipment, merchandise and bulky matter satisfactory to Owner.
of any description shall be delivered to and removed from the demised premises
A. The following definitions shall apply: Tenant agrees that on the first and each succeeding anniversary of the
Commencement Date during the term of this Lease the annual rental rate
1. "Taxes" shall mean the real estate taxes and assessments and set forth on page 1 of this Lease shall be increased by 3% over the annual
special assessments imposed upon the Building and/or the land ("the rental rate for the preceding 12 months (as increased under this Article). In
Building") by any governmental bodies or authorities for any purpose clarification, in each year there is a step up in annual rental, the percentage
whatsoever or any other governmental charges whether general or special, increase is first computed and added to the prior annual rental and then the
ordinary or extraordinary, foreseen or unforeseen, which may be levied or step up is added.
assessed with respect to the Building during the term of this Lease or any
renewal thereof whether the increase results from a higher tax rate or an
41. INTENTIONALLY OMITTED
increase in the assessed value of the Building or both or other means of
increase. If at any time after the date hereof the methods of taxation
42. HEATING COSTS
prevailing on the date hereof shall be altered so that in lieu of, or as an
addition to or as a substitute for the whole or any part of the taxes,
Tenant agrees that in the event Heating Costs for any calendar year shall be
assessments, levies, impositions or charges now levied, assessed or
greater than the Heating Costs for the calendar year preceding the
imposed on real estate and the improvements thereof, there shall be levied,
execution date of this Lease as a result of but not limited to increases in or
assessed and imposed (i) a tax, assessment, levy or otherwise on the rents
additions to the number of units used, rates, fuel adjustments, taxes,
received therefrom, or (ii) a license fee measured by the rent payable by
surcharges, energy charges or charges of any kind, Tenant agrees to pay to
Tenant to Owner, or (iii) any other additional or substitute tax, assessment,
Owner within ten (10) days after receipt of Owner's statement, 1.4% of
levy, imposition or charge, then all such taxes, assessments, levies, im-
such excess for the particular calendar year. Such statement shall be
positions or charges or the part thereof so measured or based shall be
deemed final and binding on Tenant unless disputed by Tenant within 30
deemed to be included within the term "Taxes" for the purpose hereof.
days after receipt thereof. Heating Costs as used in this Article 42 shall
Taxes shall not include any inheritance, estate, succession, transfer, gift,
mean fuel costs if Owner continues to use its own heating plant or the cost
franchise, corporation, income or profit tax or excess profits that is or may
of outside heating or steam if the Owner uses an off-premises heating
be imposed upon Owner. Tenant agrees to pay Tenant's Share of the actual
service.
costs incurred by Owner in any tax protest or reduction proceedings,
including attorneys, accountants and appraiser's fees and any other filing or
43. LOCAL LAWS
court fees or other costs, disbursements or expenses incurred with relation
to each Tax Year during the term of this Lease.
2. "Base Tax" shall mean Taxes, as finally determined by settlement, (a) If any alteration or capital improvement is made to the Land or the
court decision or otherwise, for the fiscal Tax Year ending June 30, 2018. Building during any calendar year during the term of this Lease or any
reports are prepared, in order to comply with Federal, state or local legal
3. "Tax Year" shall mean the fiscal year for which Taxes are levied requirements including without limitation any New York City local law
by the governmental authority. then Tenant shall pay to Owner as additional rent commencing with the
year in which such costs are incurred, an amount ("Compliance Expense
4. "Tenant's Share" shall be 1.4% throughout the term of this Lease Payment") equal to Tenants Share of the cost of the same. For the
irrespective of the bulk of the Building and the Demised Premises and any purposes of this Article, the cost of any such alteration or improvement
additions or demolition at any time during the term hereof. shall be deemed to include the cost of preparation by engineers,
architects or other professionals of any necessary plans and reports and
5. "Building" shall mean the land and building known as 2 West 45th the fees for filing the same. Notwithstanding anything to the contrary
Street in the borough of Manhattan, city and state of New York of which contained herein, in the event that the requirement for the performance
the Demised Premises form a part. of any such alteration or improvement or preparation of such report is
attributable to the actions, installations, use or manner of use of the
B. 1. If, for any reason, the Taxes for any Tax Year shall be more than Demised Premises by Tenant, Tenant shall be responsible for paying the
the Base Tax, Tenant shall pay as additional rent for such Tax Year an entire cost incurred by Owner with respect to such alteration or
amount equal to Tenant's Share of the amount by which the Taxes for such improvement. Owners statement of the Compliance Expense Payment
Tax Year are greater than the Base Tax. (The amount payable by Tenant is shall be deemed final and binding on Tenant unless disputed by Tenant
hereinafter called the "Tax Payment.") Owner or Agent shall furnish within 30 days after receipt thereof.
Tenant with a statement showing the calculations for any year in which a
Tax Payment is due and if requested with copies of the tax bills. Said (b) At Owners option, Tenant shall if billed by Owner pay to Owner, as
statement shall be deemed final and binding on Tenant unless disputed by Additional Rent, commencing on the first day of the month immediately
Tenant within 30 days after receipt thereof. following the rendition of a statement (or any modified statement) from
Owner setting forth the estimated annual Compliance Expense Payment for
2. In the event the Base Tax is reduced as a result of settlement, court that period to be made by Tenant, and on the first day of each month
decision or of any other appropriate proceeding or agreement, Owner shall thereafter, an amount equal to the estimated annual Compliance Expense
have the right to adjust the amount of Tax Payment due from Tenant for Payment divided by 12. Such payments shall be credited by Owner toward
any Tax Year in which Tenant is or was obligated to pay a Tax Payment the installments of the Compliance Expense Payment thereafter payable by
hereunder to reflect the new Base Tax, and Tenant agrees to pay the Tenant after a statement by Owner is rendered setting forth the actual
amount of said adjustment on the next rental installment day immediately Compliance Expense Payment. In the event that it is determined that such
following receipt of a rent statement from Owner setting forth the amount estimated payments made by Tenant during a calendar year are less than the
of said adjustment. Compliance Expense Payment payable by Tenant for such year, Tenant
shall pay the difference to Owner within ten (10) days after notice from
C. With respect to any period at the commencement or expiration of Owner setting forth such deficiency, while if it is determined that such
the term, which shall constitute a partial Tax Year, Owner's statement shall estimated payments by Tenant exceed the actual Compliance Expense
apportion the amount of the Tax Payment due hereunder. Payment that Tenant will be required to pay during such year (as well as any
additional Compliance Expense Payments Owner estimates may become 48. TENANT'S SECURITY
due), such excess shall be credited against rent due in the following year.
Owner shall unless prohibited by law or by the general policies of lending
44. ADDITIONAL RENT institutions in New York City deposit the security in an interest-bearing
account with a bank selected by Owner. All interest which shall accrue on
All escalation rents, additional rent and any and all other payments, the security shall be held as additional security in accordance with this
charges and sums due by the Tenant to the Owner under this Lease Lease. Owner shall be entitled to an administrative fee of 1% per year
whether or not designated as such shall be deemed rent for all purposes upon the security deposited by the Tenant.
hereunder and by law, and the failure to pay any such amount shall subject
the Tenant to the same rights and remedies of the Owner including the In the event that Tenant either (a) is more than 10 days late in the payment
right to commence summary proceedings for nonpayment of rent as if such of rent, rent escalation or additional rent more than two times in any 12-
escalation rent, additional rent and other payments, charges and sums due month period, (b) makes any such payment which is dishonored more than
were Fixed Annual Base Rent hereunder. two times during any 12-month period, or (c) is more than one month
behind in payment of any rent, rent escalation or additional rent then
45. ACCEPTANCE OF RENT regardless of whether or not the default has been cured and in addition to
any other remedies herein or at law or in equity, Owner may give notice to
If Tenant is in arrears in the payment of fixed rent or additional rent, Tenant requiring that the Tenant deposit an additional two months rent
Tenant waives its rights, if any, to designate the items in arrears against and rent escalations as additional security under the Lease and any failure
which any payments made by Tenant are to be credited, and Owner may to deposit the aforesaid security shall be deemed a substantial default under
apply any of such payments to any such items in arrears as Owner, in its this Lease.
sole discretion, shall determine, irrespective of any designation or request
by Tenant as to the items against which any such payments shall be 49. INTENTIONALLY OMITTED
credited. No payment by Tenant nor receipt by Owner of a lesser amount
than may be required to be paid hereunder shall be deemed to be other than 50. TENANT'S CLEANING
on account of any payment nor shall any endorsement or statement on any
check or any letter accompanying any check tendered as payment be Owner shall at its expense perform or cause others to perform cleaning of
deemed an accord and satisfaction and Owner may accept such check or the demised premises pursuant to Article 29 (d) above.
payment without prejudice to Owner's right to recover the balance of such
payment due or pursue any other remedy in this Lease provided or at law. The Tenant agrees Tenant will employ such office cleaning and main-
No receipt of monies by Owner from Tenant, after any reentry or after the tenance contractor as the Owner may from time to time designate for all
cancellation or termination of this Lease in any lawful manner shall waxing, polishing and maintenance work in the Demised Premises above
reinstate this Lease; and after the service of notice to terminate this Lease, any cleaning services which may be provided by Owner pursuant to this
or after the commencement of any action, proceeding or other remedy, Lease. The Tenant shall not employ any other contractor or individual
Owner may demand, receive and collect any monies due and apply this on without the Owner's prior written consent which consent shall be in
account of Tenant's obligations under this Lease but without in any respect Owner's sole discretion. Tenant recognizes that this provision is for the
affecting such notice, action, proceeding or remedy, except that if a money security of the Building. The foregoing shall not preclude Tenant or its
judgment is being sought in any such action or proceeding, the amount of employees from performing any of the foregoing work. In connection
such judgment shall be reduced by such payment. All checks rendered to with all refuse, Tenant agrees to comply with all governmental rules and
the Owner as and for the rent of the Demised Premises shall be deemed regulations and rules of the building carter as to separation of refuse and
payments for the account of the Tenant. Acceptance by the Owner of rent other refuse recycling requirements and in connection therewith to pay for
from anyone other than the Tenant shall not be deemed to operate as an at- any required refuse bags.
tornment to the Owner by the payer of such rent or as a consent by the
Owner to an assignment or subletting by the Tenant to the Demised 51. RESTRICTIONS ON USAGE
Premises to such payer, or as a modification of the provisions of this
Lease. A. Tenant covenants and agrees that during the term of this Lease
neither Tenant, assignee nor any subtenant (if the same are permitted
46. LATE PAYMENT pursuant to this Lease) will use as its name or as part of its name (under
which it conducts business) any name which, regardless of the spelling
If Tenant shall fail to pay any installment of rent, additional rent or other thereof, has the same or similar sound or meaning as the words
charges when first due hereunder (irrespective of any grace period as may "MEDICAL CENTER", "MEDICAL GROUP" or "MEDICAL
be applicable thereto) and such payment was not received in the office of TREATMENT CENTER".
the Owner's Agent on or before the tenth (10th) day after such payment
was first due, then interest at the rate of one and one half-percent (1-1/2%) B. Notwithstanding anything to the contrary contained in this Lease,
per month for each month or portion of a month may be charged on such Tenant covenants and agrees that Tenant will not use the Demised
sum not paid when first due and payable hereunder, and such interest shall Premises or any part thereof or permit the Demised Premises or any part
be deemed to accrue as additional rent hereunder and shall be paid to thereof to be used:
Owner upon demand made from time to time, but in any event no later
than the time of payment of the delinquent sum. If such interest from time (a)for banking, trust company or safe deposit business;
to time shall exceed the rate permitted under the laws of the State of New
York to be charged on late payments of sums of money due pursuant to a (b)as or by a commercial or savings bank, as or by a trust
lease, then the interest shall be reduced to said legal maximum rate. Such company, as or by a savings and loan association, as or by a
late charge shall be without prejudice to any of Owner's rights and loan company or as or by a credit union;
remedies hereunder for nonpayment of rent and shall be in addition
thereto. If Tenant shall submit to Owner a check which is dishonored for (c)for the sale of traveler's checks and/or foreign exchange;
any reason, Tenant shall pay to Owner as Additional Rent an additional
$200.00 for Owners expenses, and all future payments required by Tenant (d)as a restaurant and/or bar, and/or for the sale of soda and/or
under this lease shall be made by certified or bank check. beverages and/or food or sandwiches and/or ice cream
and/or baked goods;
47. RENT CONTROL
(e)as a diagnostic medical center and/or for the practice of
If the annual base rental or any additional rent shall be or become medicine or health services;
uncollectible, reduced or required to be refunded by virtue of any law,
governmental order or regulation, or direction of any public officer or body (f)as a school of any kind including but not limited to the teaching
pursuant to law, Tenant shall within ten (10) days of request enter into an of or instructions or giving courses in either secretarial skills,
agreement or agreements and take such other action as Owner may re- and/or languages and/or the operation of office equipment
quest, as may be legally permissible, to permit Owner to collect the and/or business machines;
maximum annual base rent and additional rent which may from time to
time during the continuance of such rent restriction be legally permissible, (g)for telephone answering, messenger, photocopying, express
but not in excess of the amounts of annual base rent or additional rent mail services for other than Tenant;
payable under this Lease. Upon the termination of such rent restriction
prior to the termination of the term of this Lease, (a) the annual base rent (h)as an employment, placement or recruiting agency or similar
and additional rent, after such termination, shall become payable under this activity.
Lease in the amount of the annual base rent and additional rent set forth in
this Lease for the period following such termination, and (b) Tenant shall 52. INDEMNIFICATION AND INSURANCE
pay to Owner, to the maximum extent legally permissible, an amount equal
to (i) the annual base rent and additional rent which would have been paid
At all times during this Lease or any extension thereof, Tenant must
pursuant to this Lease but for such rent restriction less (ii) the annual base
procure and maintain the following insurance coverage for the mutual
rent and additional rent paid by Tenant to Owner during the period that
benefit of Tenant and Owner. All carriers used must be rated at least A-
such rent restriction was in effect. This provision shall survive the
VII by AM Best rating service and must be approved by Owner, such
expiration or earlier termination of this Lease to the maximum enforceable
approval not to be unreasonably withheld.
extent.
(b) Employers Liability Insurance in accordance with State law. VI. EVIDENCE OF INSURANCE
II. All Risk Property Insurance with limits dedicated to the Demised Tenant agrees to deliver to Owner on execution of this Lease a duplicate
Premises with respect to all of its personal property, including original of Tenants insurance policies or a certificate of insurance
removable trade fixtures, located in the Demised Premises and on all evidencing the coverage maintained by Tenant. At least 15 days prior to
additions and improvements made by Tenant for 100% of the full the expiration date thereof, Tenant shall deliver to Owner a fully paid
replacement value and naming Owner as loss payee as their interests renewal policy or certificate thereof. If Tenant receives notice of
may appear. cancellation of any such policy, Tenant will promptly notify Owner
thereof. Tenant also agrees to deliver certificates of insurance required
by Article 3 of the Lease to be maintained by Tenants contractors and
(a) Business interruption insurance (including rental value) in
subcontractors in reasonable amounts unless otherwise required pursuant
an annual aggregate amount equal to the estimated loss
to Article 3.
of business income from the Lease of the Property
(including, without limitation, the loss of all Rents and
additional Rents payable by all of the lessees under the If Tenant defaults in obtaining or delivering any such policy or policies
Leases (whether or not such Leases are terminable in the or certificates thereof or fails to pay the premiums therefor, Owner may
event of a fire or casualty), such insurance to cover (but shall not be required to) secure or pay for any such policy or
losses for a period of the longer of (a) One (1) year after policies and charge Tenant as additional rent therefor. Such additional
the date of the fire or casualty in question or (b) the rent shall be payable by Tenant to Owner with the fixed rent then next
period from the time of loss until all repairs are should accruing. If Tenant defaults in paying the same with interest to date of
have been completed with reasonable diligence and payment, Owner shall have the same rights and remedies on account
dispatch, plus an extended period of indemnity thereof as it has with respect to a default in the payment of the fixed
commencing at the time repairs are completed for a rent, including summary proceedings.
period of not less than 180 days and to be increased or
decreased, as applicable, from time to time during the
VII. INDEMNIFICATION
term of the Lease.
(c) During any substantial renovation by Tenant, all risk 53. COST AND EXPENSES
builders risk liability coverage on a replacement cost
basis must be maintained by Tenant equal to the All costs and expenses, including attorneys' fees incurred by Owner in and
replacement cost value of the building. The form of such about enforcing any of the covenants and conditions of this Lease shall be
coverage shall be subject to reasonable approval by the paid by Tenant as additional rent, and if not previously paid, shall be
Owner and must insure the Owner as Owners interest included in any judgment rendered in Owner's favor in any court of com-
may appear. petent jurisdiction and against Tenant herein.
The CGL coverage must provide for a total per occurrence and Tenant agrees that if a superior lessor or a mortgagee shall enter into and
aggregate limit for bodily injury and property damage of $5,000,000.00. become possessed of the real property of which the Demised Premises
This limit may be obtained through combining CGL and form a part, or any part or parts of such real property either through
excess/umbrella policies. possession or foreclosure action or proceedings, or through the issuance
and delivery of a new lease of the premises covered by the Lease to the
mortgagee, then, if this Lease is in full force and effect at such time,
IV. INTENTIONALLY OMITTED Tenant shall attorn to the superior lessor or the mortgagee, as its Owner, if
such superior lessor or such mortgagee requests Tenant to do so. In such
V. Umbrella and/or excess liability policies used to comply with CGL event, such lessor or mortgagee shall not be liable to Tenant for any
and/or automobile liability limits shown above shall be warranted to defaults theretofore committed by Owner, and no such default shall give
be excess of limits provided by primary CGL, automobile and rise to any rights or offset or deduction against the rents payable under this
employers liability. Lease. If any superior lessor or any mortgagee to which Tenant agrees to
attorn, as aforesaid, reasonably requests a further instrument expressing
such attornment, Tenant agrees to execute the same promptly, and if
Umbrella and/or excess liability policies used to comply with CGL Tenant fails to do so, Tenant hereby appoints Owner Tenant's attorney-in-
and/or automobile liability limits shown above shall include fact to execute any such instrument for and on behalf of Tenant. This
additional insureds as per CGL policy. appointment is coupled with an interest and is irrevocable.
58. TENANT'S CERTIFICATE
(vi)a financial statement for the preceding two (2) years if it has
A. At any time and from time to time upon at least ten (10) days' prior been a business for that period;
written notice by the Owner to the Tenant, the Tenant shall without charge
execute, acknowledge and deliver to the Owner a statement in writing, in (vii)banking, financial and other credit information reasonably
recordable form, addressed to such party as the Owner may designate sufficient to enable Owner to determine the proposed assig-
prepared by the Owner or in form satisfactory to the Owner certifying any nee's or subtenant's financial responsibility; and
of the following information as may be requested (a) that this Lease is
unmodified and in full force and effect (or if there have been (viii)such other business or financial information reasonably re-
modifications, that the same is in full force and effect as modified and quested by Owner.
stating the modifications), (b) whether the term of the Lease has com-
menced and the rent and additional rent have become payable hereunder (c) Owner shall have the following options, exercisable by written
and, if so, the dates to which they have been paid, (c) whether or not, to the notice to Tenant within thirty (30) business days after Tenant's aforesaid
best knowledge of the Tenant, the Owner is in default in the performance request for Owner's consent and the furnishing of all requested
of any of the terms of this Lease and, if so, specifying each such default of information:
which the Tenant may have knowledge, (d) whether the Tenant has
accepted possession of the Demised Premises, (e) whether the Tenant has (i)Owner may require Tenant to execute an assignment or
made any uncollected claims against the Owner under this Lease and, if so, sublease to Owner or to anyone designated by Owner on the
the nature thereof and the dollar amount, if any, of such claims, (f) whether same terms as the proposed assignment or sublease without
there exist any offsets or defenses against enforcement of any of the terms payment of any premium therefor;
of this Lease upon the part of the Tenant to be performed and, if so,
specifying the same and (g) such further information with respect to the (ii)Owner may elect to terminate Tenant's Lease on the effective
Lease or the Demised Premises as the Owner may reasonably request, it date of the proposed assignment or sublease, and Owner
being intended that any such statement delivered pursuant hereto may be shall execute and deliver an instrument releasing and dis-
relied upon by any prospective purchaser of the Building or any part charging the Tenant from all obligations under this Lease
thereof or of the interest of the Owner in any part thereof, by any accruing after the effective date of such proposed assign-
mortgagee or prospective mortgagee thereof, by any lessor or prospective ment or sublease, and Tenant shall vacate and surrender
lessor thereof, by any lessee or any prospective lessee thereof or by any possession of the entire Demised Premises in accordance
prospective assignee of any mortgage thereof. with the Lease on or before said effective date.
B. The failure of the Tenant to execute, acknowledge and deliver to the (d) If the Owner shall not exercise either of its foregoing options in
Owner a true statement in accordance with the provisions of Article 58 A. subparagraph (c) hereinabove within the time set forth above, its consent to
within the aforesaid ten (10) day period shall constitute an the proposed assignment or subletting of all of the Demised Premises shall
acknowledgment by the Tenant, which may be relied upon by any person not be unreasonably withheld, provided, however, that it may withhold
who would be entitled to rely upon any such statement that such statement consent therein if in the reasonable exercise of its judgment it determines
as submitted by the Owner is true and correct. that:
59. TENANT'S REMEDIES 1.The financial condition and/or general reputation of the
proposed assignee or subtenant are not consistent with the
With respect to any provision of this Lease whereby Owner's consent or extent of the obligations undertaken by the proposed assign-
approval is required or as to any other matter where Owner's consent is ment or sublease.
requested, Tenant in no event shall be entitled to make nor shall Tenant
make, any claim (and Tenant hereby waives any such claim) for money 2.The proposed use of the Demised Premises is not appropriate
damages; nor shall Tenant claim any money damages by way of set off, for the Building or in keeping with the character of the
counterclaim or defense, based upon any claim or assertion by Tenant that existing tenancies or permitted by the Tenant's Lease.
Owner has unreasonably withheld or unreasonably delayed any consent or
approval, but Tenant's sole remedy shall be an action or proceeding in 3.The nature of the occupancy of the proposed assignee or sub-
equity to enforce any such provision or for specific performance, in- tenant is not in accordance with the use provision of the Lease
junction or declaratory judgment. Tenant will not seek to consolidate any or will cause excessive density of employees or traffic or
claim or counterclaim in any summary proceeding brought by Owner for make excessive demands on the Building's services or
possession of the premises. facilities or be an assignment or sublease to a school or
employment or placement agency.
60. RELOCATION OF TENANT
4.The Tenant proposes to assign or sublet to one who at the time
On not less than thirty (30) days' notice to the Tenant the Owner shall have is a Tenant in possession of premises in the Building of which
the right to move the Tenant out of the Demised Premises and into similar the Demised Premises are a part.
space of at least equal area on the same or another floor in the same
Building. In this event, the Owner shall remove, relocate and reinstall the 5.The person or entity is of less financial net worth than Tenant
Tenant's equipment, furniture and fixtures and redecorate the new space as of the date of this Lease.
similar to the old space, all of which shall be done at Owner's sole cost and
expense and without cost or expense to the Tenant, and for the balance of 6.Such proposed assignee or Subtenant would lower the value of
the term, this Lease shall continue in full force and effect and shall apply to the dignity of the Building or adversely affect the interest of
the new space with the same force and effect as though this Lease had Owner.
originally been for such new space.
7.The sublet is not for the entire Demised Premises.
61. ASSIGNMENT AND SUBLETTING
(e) If Owner shall not exercise an option set forth in subparagraph (c)
(a) Tenant shall not, by operation of law or otherwise, assign, above within the time limit provided therefore and if Owner shall not have
mortgage or encumber this Lease, nor sublet all or any part of the Demised withheld its consent pursuant to subparagraph (d) above, its consent to the
Premises or permit the Demised Premises or any part thereof to be used by proposed assignment or subletting shall not be withheld provided,
others, without Owner's prior written consent in each instance. The however, that each of the following conditions first are complied with:
consent by Owner to any assignment or subletting in no way shall be
construed to relieve Tenant from obtaining Owner's express written (i)Tenant then shall not be in default under this Lease;
consent to any other or further assignment or subletting.
(ii)The assignee shall execute an agreement, in form reasonably
(b) If Tenant requests Owner's consent to the assignment of this Lease satisfactory to the Owner, whereby such proposed assignee
or the subletting of all of the Demised Premises, it shall submit in writing assumes performance of Tenant's obligations under this
to Owner, at the time it requests such consent the following material Lease and shall become jointly and severally liable with the
relating to the proposed assignee or subtenant: Tenant for the performance thereof. The Subletting
Agreement shall provide that it is expressly subject to the
(i)the name and address; terms and provisions of the Lease.
(ii)the terms and conditions of the proposed assignment or (iii)A duplicate original of the instrument of assignment and
subletting; assumption agreement or sublease duly executed by the
appropriate party, shall be delivered to the Owner before the
(iii)the nature and character of the business to be conducted in assignee or subtenant shall be let into possession of the
the Demised Premises; Demised Premises.
(iv)an executed copy of the assignment or sublease; (iv)Tenant shall pay any expense, including, but not limited to,
attorneys' fees and fees for financial investigation incurred
(v)a deposit of $1,500 (or $2,500 if Tenants request is in connection with the review and/or preparation and/or
accompanied by plans) to be applied by Owner to fees and execution of any documents submitted to Owner relating to
expenses incurred by Owner pursuant to subparagraph (e)(iv) the proposed assignment or subletting including preparation
below, the unapplied balance of such deposit to be refunded by of the consent. This provision shall not apply if Owner
Owner to Tenant; elects to terminate the Lease pursuant to subparagraph (c)
herein. such delay. Such indemnity shall survive the expiration or earlier
termination of this Lease.
(f) If the Owner shall give its consent to any assignment of this Lease
or to any sublease, Tenant, in consideration therefor, shall pay to Owner, as B. Tenant agrees that losses to Owner resulting from Tenant's Holdover
additional rent: will be very substantial, exceed the amount of Fixed Annual Base Rent as
adjusted and additional rent payable hereunder and be difficult of accurate
(i)In the case of an assignment, an amount equal to all sums and measurement. Therefore, if Tenant shall fail to vacate and surrender the
other considerations paid to Tenant by the assignee for or by Demised Premises as required hereunder, it shall be deemed a holdover
reason of such assignment (including, but not limited to, sums Tenant on a month-to-month basis at a fixed monthly rent equal to three
paid for the sale of Tenant's fixtures, leasehold improvements, (3) times the monthly rate of all Fixed Annual Base Rent as adjusted and
equipment, furniture, furnishings or other personal property, additional rent payable for the last month of the term hereof. The
less, in the case of a sale thereof, the then net undepreciated collection of the aforesaid rent shall not act to limit Owner's rights to
cost thereof determined on the basis of Tenant's Federal institute summary proceedings to obtain possession or pursuant to this
income tax returns); and Article 62 or in the Lease or at law, but any such rent collected will be
non-refundable and shall be applied against any such damages.
(ii)In the case of a sublease, any rents, additional charges or
other consideration payable under the sublease and related C. Nothing in this Article shall be construed as permitting Tenant to hold
agreements to Tenant by the subtenant which is in excess of over in possession of the demised premises after expiration or termination
the fixed annual rent and additional rent accruing during the of the term of this Lease.
term of the sublease pursuant to the terms of this Lease
(including, but not limited to, sums paid for the sale or rental 63. EXHIBIT
of Tenant's fixtures, leasehold improvements, equipment,
furniture or other personal property, less, in the case of the Tenant acknowledges and agrees that the diagram of the Demised
sale thereof, the then undepreciated cost thereof determined Premises annexed hereto as Exhibit A has not been drawn to scale, is an
on the basis of Tenant's Federal income tax returns). approximation of the actual size and location of the space involved and is
not meant to be a representation of the actual size and location of the space
The sums payable under this subparagraph (f) shall be paid by Tenant to involved. Tenant has had the opportunity to and has made such inspection
Owner as and when paid by the assignee or subtenant to Tenant. of the leased premises as Tenant deems necessary.
(g) Each of the foregoing provisions and conditions shall apply to each 64. HEAD NOTES
and every further assignment or subletting. An assignment of Lease or a
subletting as above provided shall not discharge or release from liability The Article headings herein are only for convenience and are in no way to
under the Lease the Tenant or any other person, firm or corporation which be construed as a part of the agreement or as a limitation on the scope of
previously shall have assumed Tenant's obligations hereunder, such any provision thereof.
liability to remain and continue for the balance of the term and any option
to renew contained in the Lease with the same force and effect as though 65. RULES OF INTERPRETATION
no assignment had been effected.
For purposes of this Lease, whenever the words "include", "includes", or
(h) Any transfer or issuance of shares which shall cause in the "including" are used, they shall be deemed to be followed by the words
aggregate fifty percent (50%) or more of the stock of Tenant or any "without limitation" and, whenever the circumstances or the context
assignee to be owned by any party other than those parties who were requires, the singular shall be construed as the plural, the masculine shall
Tenant's shareholders or assignee's shareholders on the date of execution of be construed as the feminine and/or the neuter and vice versa. This Lease
this Lease or the effective date of the assignment shall be deemed an and any provisions therein shall be interpreted and enforced without the aid
assignment of this Lease and shall require Owner's prior written consent in of any presumption, canon, custom or rule of law requiring or suggesting
accordance with this Article 61. construction against the party drafting or causing the drafting of the
provision in question.
(i) In the event that Owner exercises either of its options under
subparagraph (c) above, Owner shall have the absolute right to, and in no 66. SERVICE OF PROCESS
way shall be liable to Tenant if it shall, lease or further sublease the
Demised Premises to Tenant's prospective assignee or subtenant, as the In any plenary action to recover any rent, use and occupancy or other
case may be. charges due under the lease or any extension, renewal, or holdover thereof;
personal service of any summons and complaint or process is waived by
(j) If Owner does not exercise its option and also withholds its consent Tenant and Tenant agrees that service thereof by certified mail to Tenant
to the proposed assignment or subletting and it is established by a court or either at the leased premises or to the last known address of the guarantors
body having final jurisdiction thereover that Owner has been unreasonable, shall be sufficient.
the only effect of such finding shall be that Owner shall be deemed to have
given its consent; but Owner shall not be liable to Tenant in any respect for 67. DEPOSIT ON ACCOUNT OF OWNERS EXPENSES
money or compensatory damages by reason of withholding its consent.
In the event Tenant requests Owners consent for alterations under Article
(k) In the event that Tenant or any assignee or sublessee desires to 3 of this Lease, Tenant will deposit with Owner at the time of making such
assign or sublet, it hereby designates the managing Agent as Tenant's sole request the sum of $1,500 (or $2,500 if Tenants request is accompanied
and exclusive Agent to effect such assignment or subletting and agrees to by plans) to be applied by Owner in payment for fees and expenses
pay said managing Agent upon the consent to assignment or sublease a incurred by Owner in the review of such request.
commission computed in accordance with the commission rates then in
effect. Tenant acknowledges that it is aware that the managing Agent 68. ELECTRICITY
represents the Owner and may also act with respect to other competing
space in the building and Tenant waives any right to make claim for If the Owner furnishes electricity to the Tenant based on the method of
conflict of interest or for other damages. including the use thereof within the rent, then and in that event, the Tenant
agrees to have the rent reserved herein increased to compensate the Owner
(l) In the event of a sublease or assignment, the Tenant agrees to for supplying the current as an additional service as hereinafter provided.
deposit an additional security of two (2) months' rent, escalations and addi- The Owner will furnish electricity to the Tenant through presently installed
tional rent due under this Lease at the then existing rate. electricity facilities for Tenant's reasonable use of such lighting, electrical
appliances and equipment as the Owner may permit to be installed in the
(m) No action or consent by Owner to listing of names on the Building premises. The Tenant agrees that an electrical consultant, selected by the
directory nor acceptance of rent from any party other than Tenant shall be Owner, may make a survey of the electrical, lighting and power used to
deemed a consent to any assignment or sublease of the Demised Premises determine the average monthly electric current usage (KWH) and demand
nor a waiver of any of the provisions hereof. (KW) in the Demised Premises. The findings of the consultant as to the
proper rent increase based on such average monthly electric usage and
(n) Anything herein to the contrary notwithstanding, conversion of demand shall be conclusive and binding upon the parties (unless Tenant
Tenant or any successor tenant to a limited liability partnership or shall notify Owner that Tenant disputes the same within 15 days after
company during the term of this lease constitutes an assignment of the Owner notifies Tenant of any increase based on said survey) and the
lease which requires the Owner's consent in its sole discretion. Tenant shall pay the same additional rent, monthly on the first day of each
month from the commencement of the demised term. If the Owner's
62. END OF TERM electric rates and/or charges be increased then the aforesaid additional rent
shall be increased in the same percentage but in no event below the amount
A. Tenant hereby agrees to indemnify and save Owner harmless set forth below. Tenant shall make no alterations or additions to the
against all costs, expenses, claims, losses or liability resulting from delay electric equipment, and/or appliances without first obtaining written
by Tenant in surrendering the Demised Premises upon the expiration or consent from the Owner in each instance. This provision is to prevent the
earlier termination of this Lease, (Tenant's Holdover) including without Tenant from possible overloading of the Building's electrical distribution
limitation (i) any payment or rent concession which Owner may be facilities. The Owner, his Agent, or consultant, is given the right to make
required to make to any tenant obtained by Owner for all or any part of the surveys from time to time in the Tenant's premises covering the electrical
Premises in order to induce such tenant not to terminate its lease by reason equipment and fixtures and use of current. Owner shall not in any way be
of the holding-over by Tenant and (ii) the loss of the benefit of the bargain liable or responsible to Tenant for any loss or damage or expense which
if any such tenant shall terminate its lease by reason of the holding-over by Tenant may sustain or incur if either the quality or character of electric
Tenant and (iii) any claims made by any succeeding tenant founded on service is changed or is no longer available or suitable for Tenant's
requirements. Tenant covenants and agrees that at all times its use of
electric current shall never exceed the capacity of existing leaders to the
Building, or the risers or wiring installation. Owner shall install at Tenant's _______________________
expense any riser or risers to supply Tenant's electrical requirements, upon Print Name
written request of the Tenant if, in Owner's sole judgment, the same are
necessary and will not cause or create a dangerous or hazardous condition
or entail excessive or unreasonable alterations, repairs or expense or _______________________
interfere with or disturb other Tenants or occupants. In addition to the Social Security Number
installation of such riser or risers Owner will also, at the sole cost and
expense of the Tenant, install all other equipment proper and necessary in
connection therewith subject to the aforesaid terms and conditions. The _______________________
Owner reserves the right to terminate the furnishing of electricity at any Residence Address
time, upon thirty (30) days written notice to the Tenant, in which event, the
Tenant may make application directly to the utility company servicing the 70. OWNERS WORK
Building for the Tenant's entire separate supply. Such electric energy may
be furnished to Tenant by means of the then existing Building system Tenant has inspected the demised premises and accepts the same as is
feeders, risers and wiring to the extent that the same are available, suitable and agrees that Owner is required to do no work and furnish no materials
and safe for such purposes. All meters and additional panel boards, for use in the demised premises except Owner will do the following
feeders, risers, wiring and other conductors and equipment which may be work (Owners Work) in a building standard manner using building
required to obtain electric energy directly from such public utility company standard materials:
shall be installed by Owner at Tenant's expense. The Owner, upon the
expiration of the aforesaid thirty (30) days written notice to the Tenant (a) Add one additional office with glass panel;
may discontinue furnishing the electric current, in which latter event, the
Tenant's liability for additional rent provided for in this Article shall (b) Remove wall between reception and bull pen;
terminate as of date of discontinuance of the supplying of electric current
but this Lease shall otherwise remain in full force and effect. (c) Remove storage closet;
Tenant agrees that unless and until electric rates or charges are increased or (d) Install new ceiling tiles;
survey is made as above provided the annual rental rate on page 1 shall be
increased by the amount of $408.33 per month payable on the first day of (e) Install new lights;
each and every month, and, for and in consideration of such increase in the
rental, the Owner is to supply the Tenant with free electricity. Tenant (f) Paint the demised premises with one coat of building
shall pay Owner Tenants proportionate share of the cost of Building standard paint in a color selected by Tenant from samples provided by
electric current used in common areas of the Building (i.e., all Owner;
electricity used in lighting the public and service areas, and in (g) Install building standard carpeting selected by Tenant
operating all the service facilities of the Building). from samples provided by Owner;
71. ACCESS
The Principals signing this Lease as officers or principals each
acknowledge that he or she is a shareholder, member or principal of the Tenant will have access to the demised premises 24 hours a day, 7 days
Tenant and acknowledges that Owner would not have entered into the a week subject to requirements of law and Owners reasonable security
Lease with Tenant except for the provisions of this Article. Each of the requirements.
Principals confirms and acknowledges the validity of the Lease.
72. RENT CONCESSION
Each of the undersigned agrees to be jointly and severally liable for all
of Tenant's obligations including payments and performances under the Provided that Tenant is not then in default under this Lease, Tenant shall
Lease until the date (the Effective Date) which is 180 days after the receive a credit against annual rental for the first three months following
date that there shall have been delivered to the Owner (a) a vacate notice the Commencement Date, in the amount of $5,616.33 per month.
accurately confirming that the demised premises are vacant, broom
clean, free of occupants and free of Tenant and any other party claiming
rights of occupancy and (b) full payment of all rent and additional rent
then due under the Lease to the date of the notice by certified or bank
check, and clearance of the same. Upon the Effective Date and on full
and timely payment of all rent and additional rent due under the Lease to
the Effective Date by certified or bank check and clearance of the same,
then the obligations of the undersigned shall cease as to any future
obligations of the Tenant under the Lease arising after the Effective Date
except the obligation with respect to any mechanic's lien for work done
prior to the Effective Date. However, the obligations of Tenant to pay
rent and additional rent under the Lease shall remain in full force and
effect and continue after the Effective Date.
Principals agree that Owner may at its option proceed either against
Tenant alone or any Principal alone or jointly and severally, to recover
the amount referred to in the preceding paragraph and the Principals
agree to be bound by any judgment that may be obtained against the
Tenant as if the Principals were a party. The Owner shall not be obliged
to seek to satisfy any judgment, claim or obligation from the Tenant
before proceeding or collecting against the Principals. The aforesaid
obligations of the Principals shall continue even though the Tenant shall
be in bankruptcy or an insolvency proceeding.
In addition, the Principals agree that they will be jointly and severally
liable for the cost and expenses including reasonable legal fees of any
claim made by Owner in connection with this Article. Principals and
Owner each waive trial by jury in any action or proceeding in
connection with this Article.
_______________________
Signature