Commercial And Industrial Lease Agreement (Page 3 of 5) in pdf

untenantability. In either event, Lessee shall remove all rubbish, debris, merchandise, furniture, equipment and its other

personal property within five days after the request by Lessor. (b) If the Premises shall be slightly damaged by fire or

other casualty, so as not to render the same untenantable, then Lessor shall expeditiously repair the same and in that

case the rent shall not abate. Except for rent abatement as herein provided, no compensation or claim shall be made by

or allowed to Lessee by reason of any inconvenience or loss of business arising from the necessity of repairing any

portion of the building or the Premises.

17.

PERSONAL PROPERTY. Lessor shall not be liable for any loss or damage to any merchandise

inventory, goods, fixtures, improvements or personal property of Lessee in or about the Premises, as a result of any

casualty.

18.

ALTERATIONS. Lessee shall not make any alterations or additions in or to the Premises without the

prior written consent of Lessor.

19.

UTILITIES AND SERVICES. Lessee shall furnish and pay for all electricity, gas, water, fuel, trash

removal, and any services or utilities used in or assessed against the Premises, unless otherwise provided.

20.

LEGAL REQUIREMENTS. Lessee shall comply with all laws, orders, ordinances and other public

requirements now or hereafter affecting the Premises or the use thereof, and Lessee shall indemnify, defend and hold

Lessor harmless from expense or damage resulting from failure to do so.

21.

MULTIPLE TENANCY BUILDING. If the Premises are a part of a multiple tenancy building or

complex, the responsibility of Lessee for reimbursements as called for in Paragraphs 7 and 23 of this Lease shall be a

percentage of the total increase equal to the percentage of rentable floor space in said building or complex occupied

by Lessee. It is agreed Lessee occupies ________________% (“Proportionate Share”) of the floor space in the

building for which the Premises are a part.

Lessor may, with notice to Lessee, elect to perform and provide certain maintenance and services pertaining

to the entire building or area of which the Premises are a part including, but not limited to, landscaping, trash removal,

lawn maintenance, commo n area lighting, watering, paving maintenance, maintenance to rail trackage and snow

removal. In such event, Lessee shall reimburse Lessor for its Proportionate Share of said maintenance services within

fifteen (15) days from the date of Lessor’s notice of the amount due .

Lessee agrees to conduct its business in a manner that shall not be objectionable to other Lessees in the

building of which the Premises are a part, including but not limited to noise, vibration, odor, trash or fumes. In the

event Lessor receives complaints from other Lessees in the building or complex and determines, in its sole reasonable

judgment, that Lessee is conducting its operations in a manner so as to be objectionable to other Lessees, Lessee

shall, upon notice from Lessor, promptly modify its operations to eliminate such objections

22.

Except for Lessee’s personal property and trade fixtures, all buildings, repairs,

FIXTURES.

alterations, additions, improvements, installations and other non-trade fixtures installed or erected on the Premises,

whether by or at the expense of Lessor or Lessee, shall belong to Lessor and shall remain on and be surrendered with

the Premises at the expiration or termination of this Lease. However, at Lessor’s option, Lessee shall remove Lessee’s

alterations or improvements prior to the expiration of this Lease and return the Premises to its original condition.

23.

INCREASE IN REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. If the real estate taxes and

installments of special assessments, payable with respect to the Premises during any year shall be greater than the

amount of such taxes and installments of special assessments due and payable during the base year of

______________ or the first fully assessed year, whether by reason of an increase in tax rate or an increase in the

assessed valuation or otherwise, Lessee shall pay to Lessor the full amount of such increase as additional rent within

thirty (30) days after notice that the same is due. Should Lessee occupy less than the whole of the property against

which such taxes are assessed, Lessee’s obligation hereunder shall be limited to its Proportionate Share of such

increased taxes and special assessments. The amount payable by Lessee under this section shall be pro rated for the

partial years, if any, in which this Lease commences and terminates.

24.

EMINENT DOMAIN. Should all of the Premises be taken under the power of eminent domain or a

conveyance in lieu thereof by any authority having the right of condemnation, or if a portion thereof is taken so that

the Premises are unsuitable, in Lessee’s reasonable opinion, for Lessee’s use, then the term of this lease shall terminate

as of the date that title shall vest in the acquiring authority and the rent and other charges shall be adjusted as of the

date of such taking. In such case, Lessor shall be entitled to the proceeds of the condemnation award made to Lessor.

Nothing herein shall be construed to prevent Lessee from separately pursuing a claim against the condemning

authority for its independent loss or damages to the extend available, provided, however, that no award made to or on

behalf of Lessee shall reduce, limit, or restrict the award to Lessor, and no allocation of Lessor’s award in condemnation

shall occur. Lessee shall have no claim against Lessor for the value of the unexpired term of this lease. Should any part

of the Premises be taken in the exercise of eminent domain or a conveyance in lieu thereof or in connection therewith,

but not such as to render the Premises unsuitable for the operation of its business, this Lease shall continue on the

same terms and conditions except that the description of the Premises or the real estate taken by right of eminent

domain or a conveyance in lieu thereof or in connection therewith shall be modified to reflect such taking. In the event

this Lease does not terminate by reason of such taking, the condemnation proceeds from the Demised Premises will first

be used to restore the Demised Premises to a position of occupancy by the Lessee. The balance of such condemnation

proceeds from the Premises, if any, shall belong to Lessor.

25.

WAIVER OF SUBROGATION. As part of the consideration for this Lease, each of the parties

hereby releases the other party from all liability for damage due to any act or neglect of the other party occasioned to

property owned by said parties which is or might be incident to or the result of a fire or other casualty against loss for

which either of the parties is now carrying or hereafter may carry insurance; provided, however, that the releases herein

contained shall not apply to any loss or damage occasioned by intentional acts of either of the parties, and the parties

Commercial And Industrial Lease Agreement Page 3

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