Fillable Commercial Lease Contract - Triple Net (Page 4 of 9) in pdf

Within ninety (90) days following the end of each year during the Lease Term, Landlord

shall furnish Tenant a written statement covering the lease year just expired (measured from the

Commencement Date), showing in reasonable detail a general breakdown of the total operating

costs, the amount of Tenant's obligation relating thereto, and the payment made by Tenant in

connection therewith. Landlord shall prepare annually a good faith estimate of Tenant's

Proportionate Share of Additional Rent set forth in this Lease for the upcoming year. Tenant shall

then pay, on the due date of, in addition to, and with Base Rent, one-twelfth of estimated Tenant’s

Proportionate Share. Landlord shall refund any amount over actual costs of such estimated

Additional Rent paid by Tenant in full to Tenant, or Tenant shall pay amount under actual costs of

such estimated Additional Rent to Landlord, upon demand.

Tenant agrees to conduct its business in a manner that shall not be unlawful, illegal, or

objectionable to other Tenants in the building of which the Premises are a part, including but not

limited to noise, vibration, odor, trash or fumes. In the event Landlord receives complaints from

other Tenants in the building or complex and determines, in its sole reasonable judgment, that

Tenant is conducting its operations in a manner so as to be objectionable to other Tenants, Tenant

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

13.

ASSIGNMENT AND SUBLETTING. Tenant 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 Landlord, in each and every instance. Said

consent shall not be unreasonably withheld by Landlord. For the purpose of this provision, any

transfer of a majority or controlling interest in Tenant (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 Tenant's assets or otherwise, or by operation of law, shall be deemed an

assignment of this lease. Notwithstanding any permitted assignment or subletting, Tenant 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.

14.

SIGNS AND ADVERTISEMENTS. Tenant 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 Landlord. All permitted signage shall be at Tenant's sole expense.

15.

CONDITION OF PREMISES. Tenant acknowledges that it has inspected the Premises

and, except as may be provided in accordance with Exhibit C attached hereto, otherwise in this

Lease, Tenant accepts the Premises in its present condition. At the end of the Term, except for

damage caused by fire or other perils, Tenant, 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 Tenant, subject to reasonable wear resulting from uses permitted hereunder, and further subject

to Tenant's obligations; (b) have removed all of Tenant's property from the Premises; (c) have

repaired any damage to the Premises caused by the removal of Tenant's Property; and (d) leave the

Premises free of trash and debris and the building in "broom clean" condition.

16.

LANDLORD'S RIGHT OF ENTRY. Landlord or Landlord's agent may enter at

reasonable hours to inspect or show the Premises to prospective lenders and purchasers, and to do

anything Landlord may be required to do hereunder or which Landlord may deem necessary for the

Commercial Triple Net Lease 2010

Page 4 of 9

Commercial Lease Contract - Triple Net Page 4

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