Commercial And Industrial Lease Agreement (Page 2 of 5) in pdf

person or persons, or property on or about the Premises or to the Premises resulting from any act done or omission by or

through Lessee, its agents, employees, invitees or any person on the Premises by reason of Lessee’s use or occupancy

or resulting from Lessee’s non-use or possession of said property and any and all loss, cost, liability or expense

resulting therefrom. Lessee shall maintain, at all times during the Term, comprehensive general liability insurance in a

responsible insurance company, licensed to do business in the state in which the Premises are located and satisfactory

to Lessor, properly protecting and indemnifying Lessor with single limit coverage of not less than

$_________________________ for injury to or death of persons and for property damage. During the Term, Lessee

shall furnish Lessor with a certificate or certificates of insurance, in a form acceptable to Lessor, covering such insurance

so maintained by Lessee and naming Lessor and Lessor’s mortgagees, if any, as additional insureds.

ASSIGNMENT AND SUBLETTING. Lessee shall not assign, transfer or encumber this Lease and

shall not sublease the Premises or any part thereof or allow any other person to be in possession thereof without the

prior written consent of Lessor, in each and every instance. For the purpose of this provision, any transfer of a majority

or controlling interest in Lessee (whether in one or more related or unrelated transactions), whether by transfer of stock,

consolidation, merger, transfer of a partnership interest or transfer of any or all of Lessee’s assets or otherwise, or by

operation of law, shall be deemed an assignment of this l e ase. Notwithstanding any permitted assignment or

subletting, Lessee shall at all times remain directly, primarily and fully responsible and liable for the payment of the rent

herein specified and for compliance with all of its other obligations under the terms and provisions of this Lease.

10.

SIGNS AND ADVERTISEMENTS. Lessee shall not place upon nor permit to be placed upon any

part of the Premises, any signs, billboards or advertisements what so ever, without the prior written consent of Lessor.

All permitted signage shall be at Lessee’s sole expense.

11.

CONDITION OF PREMISES. Lessee acknowledges that it has inspected the Premises and , except

as may be provided otherwise in this Lease, Lessee accepts the Premises in its present condition. At the end of the

Term, except for damage caused by fire or other perils, Lessee, at its expense, shall (a) surrender the Premises in the

same or similar condition as existed at the time the Premises were accepted and possession taken by Lessee, subject to

reasonable wear resulting from uses permitted hereunder, and further subject to Lessee’s obligations stated in

Paragraphs 12 and 14 herein; (b) have removed all of Lessee’s property from the Premises; (c ) have repaired any

damage to the Premises caused by the remo val of Lessee’s Property; and (d) leave the Premises free of trash and debris

and the building in “broom clean” condition.

12.

MAINTENANCE AND REPAIR BY LESSEE. Except for the obligations imposed upon Lessor in

Paragraph 15 and damage resulting from an insurable loss, at Lessee’s sole cost and expense during the Term, Lessee

shall maintain and keep in good order, repair and condition and, when necessary, shall replace all parts of the Premises

including, but not limited to, dock bumpers and other dock equipment and apparatus, utility service lines from the point

where they enter the building(s) of which the Premises are a part, interior walls, inside surfaces of exterior walls, fixtures,

floor coverings, lighting fixtures, heating, ventilating, air-conditioning, plumbing fixtures and drains sprinkler system,

glass, windows, doors, elevator, electrical and other mechanical equipment, appliances and systems, railroad spur track,

if any, improvements made by and at the expense of Lessee and Lessee’s property, including, but not limited to,

Lessee’s signs and advertisements. Lessee shall police and keep the driveways, approaches, sidewalks, parking areas,

spur tracks and adjacent alleys that are a part of the Premises clean, orderly, sightly, unobstructed and free from ice and

snow. Lessee shall regularly water, mow, trim, fertilize and otherwise maintain the lawn, shrubs, plants, trees and other

landscaping of the Premises. Lessee shall prevent water pipes in the Premises from freezing.

13.

LESSOR’S RIGHT OF ENTRY. Lessor or Lessor’s agent may enter at reasonable hours to inspect

or show the Premises to prospective lenders and purchasers, and to do anything Lessor may be required to do

hereunder or which Lessor may deem necessary for the good of the Premises or any building of which they are a part;

During the last ninety (90) days of this Lease, Lessor may display a “For Rent” sign on the Premises.

14.

PARKING LOT MAINTENANCE. Lessee shall be responsible for maintenance, cleaning, repainting

and repairs of the parking areas, driveways, sidewalks and approaches, including ice and snow removal. Lessee shall

repair all damage to parking areas, driveways, sidewalks and approaches caused by placement or movement of trash

containers, truck trailer dollies, trucks, or other moveable property Lessee understands and agrees that no personal

property, including vehicles, shall be stored in the parking area or anyplace outside the building without the prior

written consent of Lessor.

15.

MAINTENANCE AND REPAIR BY LESSOR. Except as may be caused by acts or negligence of

Lessee, Lessor shall, at Lessor’s sole cost and expense, maintain and keep in good repair the roof, exterior walls

(exclusive of inside surfaces, glass, windows and doors), gutters, downspouts, foundations and all other structural

components of the building(s) of which the Premises are a part, and all underground plumbing and sewer lines; and

water, gas and electric service lines to the point where such service lines enter the building(s) of which the Premises are

a part. Lessor shall be under no obligation, and shall not be liable for any failure to make any repairs until and unless

Lessee notifies Lessor in writing that such repairs are necessary. Lessor shall have a reasonable time thereafter to make

repairs.

16.

DAMAGE BY CASUALTY. (a) If, during the Term or previous thereto, the Premises or the building of

which said Premises are a part shall be destroyed or so damaged by fire or other casualty as to become untenantable,

then in such event, at the option of Lessor, this Lease shall terminate from the date of such damage or destruction.

Lessor shall exercise this option to so terminate this Lease by notice in writing delivered to Lessee within thirty (30)

days after such damage or destruction. Upon such notice, Lessee shall immediately surrender said Premises and all

interest therein to Lessor, and Lessee shall pay rent only to the time of such damage or destruction. If Lessor does not

elect to terminate this Lease, this Lease shall continue in full force and effect, and Lessor shall expeditiously repair the

Premises, placing the same in as good a condition as they were at the time of the damage or destruction, and for that

purpose, may enter said Premises. In that event rent shall abate in proportion to the extent and duration of

Commercial And Industrial Lease Agreement Page 2

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