Fillable Commercial Lease Contract - Triple Net (Page 3 of 9) in pdf

limit coverage of not less than $

for injury to or $

death of persons and $

for property damage.

10.

TAXES. Tenant shall pay, during the term of this Lease, the real estate taxes and special

taxes and assessments (collectively, the "taxes") attributable to the premises and accruing during

such term. Tenant, at Landlord's option, shall pay to Landlord said taxes on a monthly basis, based

on one-twelfth (1/12) of the estimated annual amount for taxes. Taxes for any fractional calendar

year during the term hereof shall be prorated. In the event Tenant does not make any tax payment

required hereunder, Tenant shall be in default of this Lease.

11.

OPERATING EXPENSES. Unless modified in accordance with Exhibit D, Landlord

maintenance addendum, attached hereto, it is the intention of the parties and they hereby agree that

this shall be a triple net Lease, and the Landlord shall have no obligation to provide any services,

perform any acts or pay any expenses, charges, obligations or costs of any kind whatsoever with

respect to the Premises, and Tenant hereby agrees to pay one hundred percent (100%) of any and

all Operating Expenses as hereafter defined for the entire term of the Lease and any extensions

thereof in accordance with specific provisions hereinafter set forth. The term Operating expenses

shall include all costs to Landlord of operating and maintaining the Building and related parking

areas, and shall include, without limitation, real estate and personal property taxes and assessments,

management fee, heating, electricity, water, waste disposal, sewage, operating materials and

supplies, service agreements and charges, lawn care, snow removal, restriping, repairs, repaving,

cleaning and custodial, security, insurance, the cost of contesting the validity or applicability of any

governmental acts which may affect operating expenses, and all other direct operating costs of

operating and maintaining the Building and related parking areas, unless expressly excluded from

operating expenses. Notwithstanding the foregoing, operating costs (and Tenant's obligations in

relation thereto) shall not include (i) any expense chargeable to a capital account or capital

improvement, ground leases; principal or interest payments on any mortgage or deed of trust on the

premises; (ii) any amount for which Landlord is reimbursed through insurance, by third persons, or

directly by other tenants of the premises, (iii) repair costs occasioned by fire, windstorm or other

casualty, (iv) any construction, repair or maintenance expenses or obligations that are the sole

responsibility of Landlord (not to be reimbursed by Tenant), (v) leasing commissions and other

expenses incurred in connection with leasing any other area located on the premises to any other

party, (vi) any expense representing an amount paid to an affiliate or subsidiary of Landlord which

is in excess of the amount which would be paid in the absence of such relationship, and (vii) costs

of items and services for which Tenant reimburses Landlord or pays third persons directly.

12.

MULTIPLE TENANCY BUILDING/COMPLEX. If the Premises are a part of a

multiple tenancy Building/Complex, the responsibility of Tenant for costs are determined by

comparing the size of the reimbursements as called for in Paragraphs 7, 10 and 11 of this Lease

shall be a percentage of the Premises to the rentable floor space in said Building/Complex occupied

by Tenant. It is agreed Tenant occupies ______% ("Proportionate Share") of the floor space in the

Building/Complex for which the Premises are a part (______ sq.ft./_____sq.ft. = _______ %.), and

is estimated to be $____________ in year one.

Landlord may, with notice to Tenant, 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, common area lighting, watering, paving

maintenance, maintenance to rail trackage and snow removal. In such event, Tenant shall reimburse

Landlord for its Proportionate Share of said maintenance services.

Commercial Triple Net Lease 2010

Page 3 of 9

Commercial Lease Contract - Triple Net Page 3

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