EXHIBIT 10.2
LEASE
THIS LEASE
(“Lease”) is made and entered into as of the 7th day of
February, 2007, by and between, Theriac Enterprises of Littlestown,
LLC, whose business address is 2234 Colonial Boulevard, Fort Myers,
FL 33907 (“Landlord”), and 21 st
Century
Oncology of Pennsylvania, Inc. whose business address is 2234
Colonial Boulevard, Fort Myers, FL
33907(“Tenant”).
W I T N E S S E T H
:
ARTICLE 1
TERMS
1.1 Premises . Landlord
hereby demises and leases to Tenant and Tenant hereby hires and
rents from Landlord the premises located at 41 S Columbus Ave.
Littlestown, Pennsylvania,(“Premises”) upon the terms,
covenants and conditions set forth herein, which Premises has a
floor area containing the approximate square footage of 4,532
square feet.
1.2 Use . The Premises are to
be used for a medical office and radiation therapy
center.
1.3 Commencement of Term .
The commencement of the Term of this Lease under which Tenant shall
be obligated to commence payment of Minimum Rent and Additional
Rent shall be on or about the 1st day of March, 2007
(“Commencement Date”).
1.4 Length of the Term . The
term of this lease period is for ten (10) years
(“Term”). The starting date of this lease is the
Commencement Date and, unless this Lease is renewed in accordance
with Article 4 below, the ending date is on or about the 1st day of
March, 2017 (“Expiration Date”).
ARTICLE 2
RENT
2.1 Rent . Minimum rent shall
be eleven thousand Four Hundred Seven Dollars and Fifty Cents
($11,407.50) per month (“Minimum Rent”). Tenant shall
pay to Landlord without previous demand thereof and without any
abatement, reduction, setoff or deduction whatsoever, the Minimum
Rent (together with any applicable sales tax and local taxes if the
same are ever required by law), payable in equal monthly
installments, in advance, on the first day of each and every
calendar month throughout the Term of this Lease. The Minimum Rent
shall commence to accrue on the Commencement Date. The first such
monthly installments of Minimum Rent shall be due and payable to
Landlord no later than the Commencement Date and each subsequent
monthly installment shall be due and payable to Landlord on the
first day of each and every month following the Commencement Date
during the Term hereof. If the Commencement Date is a date other
than the first day of the month, Minimum Rent and other charges for
the period commencing with and including the Commencement Date
through the first day of the following month shall be prorated at
the rate of one-thirtieth (1/30) of the monthly Minimum Rent
per day.
In addition, Tenant shall pay as
Additional Rent monthly payments of applicable taxes, assessments
and insurance on the property. This amount will be of 1/12 of the
bill for real estate and assessment taxes and 1/12 of the bill on
insurance. Estimated figures for taxes and insurance monthly rate
will be produced within ten (10) days after the signing of
this Lease. Each year Landlord will produce any insurance, real
estate tax and assessment bills to the Tenant to show how the
estimated taxes and insurance were computed as Additional
Rent.
2.1.1 There will be an increase in
the Minimum Rent starting on the first anniversary of the lease if
the Consumer Price Index increases. Minimum Rent specified in this
lease shall be subject to increase in accordance with changes in
the Consumer Price Index for Urban Wage Earners and Clerical
Workers (CPI-W) as promulgated by the Bureau of Labor Statistics of
the United States Department of Labor, using the year of the
Commencement Date as a base of 100. On each anniversary date there
will be a rent adjustment based on the percentage increase in the
Consumer Price Index. If the Consumer Price Index goes down the
rent will not change for that year. Consumer Price Index increases
will apply on the anniversary date of each year of the Commencement
Date. The percentage increase in the Consumer Price Index will
increase the minimum rent for that year.
2.1.2 In the event that the Consumer
Price Index ceases to incorporate significant number of items, or
if a substantial change is made in the method of establishing such
Consumer Price Index shall be adjusted to the figure that would
have resulted had no change occurred in the manner of computing
such Consumer Price Index, or a successor or substitute index, is
not available, a reliable governmental or other nonpartisan
publication, evaluating the information for use in determining the
Consumer Price Index, shall be used in lieu of such Consumer Price
Index.
2.2 Late Charge . Tenant
shall pay to Landlord a late charge equal to five percent
(5%) of the monthly payment of Minimum Rent, Additional Rent
and any other payment or charge due hereunder if any such amount is
received by Landlord more than five (5) days after the same
shall be due, such amount being the agreed upon liquidated damages
solely to defray the additional administrative expenses incurred by
Landlord in processing such payment.
2.3 Interest on Past Due Rent
. If Tenant shall fail to pay, when the same is due and payable,
Minimum Rent, or Additional Rent, such unpaid amounts shall bear
interest from the due date thereof to the date of payment, at the
prime interest rate of the Chase Manhattan Bank, N.A. as of such
due date, plus Five percent (5%) (“Default
Date”).
2.4 Definition of Rent . The
term “Rent” shall refer collectively to Minimum Rent
and Additional Rent. The term “Additional Rent” is
sometimes used herein to refer to any and all other sums payable by
Tenant hereunder, including, but not limited to, parking charges
and sums payable on account of default by Tenant. All Rent shall be
paid by Tenant without offset, demand or other credit, and shall be
payable only in lawful money of the United States of America which
shall be legal tender in payment of all debts and dues, public and
private, at the time of payment. All sums payable by Tenant
hereunder by check shall be obtained against a financial
institution located in the United States of America. The rent
shall be paid by Tenant at 2234 Colonial Boulevard, Fort Myers, FL
33907.
2.5 Rent Taxes . In addition
to Minimum Rent and Additional Rent, Tenant shall and hereby agrees
to pay to Landlord each month a sum equal to any sales tax, tax on
rentals and any other similar charges now existing or hereafter
imposed, based upon the privilege of leasing the space leased
hereunder or based upon the amount of rent collected
therefore.
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ARTICLE 3
NET LEASE
3.1 Net Lease . This Lease
shall be deemed and construed to be a triple net lease and, except
as herein otherwise expressly provided, the Landlord shall receive
the fixed Minimum Rent and Additional Rent and all other payments
hereunder to be made by the Tenant absolutely free from any
charges, assessments, imposition, expenses or deductions of any
kind and every kind or nature whatsoever. Tenant is to pay for all
real estate tax and assessments on any and all taxes of any We of
nature. Tenant is to pay for all insurance and any and all costs
for repairs, replacements, maintenance and improvements. Tenant
will also pay any and all expenses for common areas, utilities, and
association fees, if any. Tenant also is responsible
for:
3.1.1 Parking lot repairs,
maintenance and replacements.
3.1.2 Installation of outside and
inside lighting for parking.
3.1.3 Any security, pest control or
contrasts for air conditioner and cleaning services,
etc.
ARTICLE 4
OPTION TO RENEW
4.1 Option to renew .
Provided that Tenant is not, and at no time has been, in default
during the Term under any of the covenants, terms, conditions, and
provisions of this Lease, then Tenant shall have three
(3) options to renew this Lease (each an “Option”)
for consecutive five (5) year option periods, provided that,
in order to exercise this Option, Tenant is required to give to
Landlord written notice thereof not less than six (6) months
before the date of expiration of the Term of this Lease or during
any option period. Any renewal pursuant to this Option shall be on
the same terms and conditions as are contained in this
Lease.
ARTICLE 5
INSURANCE AND
INDEMNITY
5.1 Liability Insurance .
Tenant shall, during the entire term hereof, keep in full force and
effect bodily injury and public liability insurance in an amount
not less than FIVE HUNDERED THOUSAND DOLLARS ($500,000) / ONE
MILLION DOLLARS ($1,000,000) per injury and accident, respectively;
property damage insurance in an amount not less than ONE HUNDRED
THOUSAND DOLLARS ($100,000).
5.2 Workers Compensation .
Tenant shall, during the entire term hereof, keep in full force
worker’s compensation insurance in the maximum amount
permitted under California law.
Landlord may require such insurance
coverage to be increased after the first five years of the term of
this Lease, provided that such increase shall not cause the
required limits of coverage to exceed those then commonly
prevailing in the marketplace for similar situations. The policy(s)
shall name Landlord, any person, firms or corporations designated
by Landlord, and Tenant as insured, and shall contain a clause that
the insurer will not cancel or change the insurance without first
giving the Landlord twenty (20) days prior notice. The
insurance shall be in an insurance company licensed by the State of
California and a copy of the policy or a certificate of insurance
shall be delivered to Landlord prior to the commencement of the
term of this Lease. In no event shall the limits of said
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insurance policies be considered as limiting the
liability of Tenant under this Lease. In the event that Tenant
shall fail to obtain or maintain in full force and effect any
insurance coverage required to be obtained by Tenant under this
Lease, Landlord may procure same from insurance carriers as
Landlord may deem proper, irrespective that a lesser premium for
such insurance coverage may have been obtained from another
insurance carrier, and Tenant shall pay as additional rent, upon
demand of Landlord, any and all premiums, costs, charges and
expenses incurred or expended by Landlord in obtaining such
insurance. Notwithstanding shall procure insurance coverage
required of Tenant hereunder, Landlord shall in no manner be liable
to Tenant for any insufficiency or failure of coverage with regard
to such insurance or any loss to Tenant occasioned thereby, and
additionally, the procurement of such insurance by Landlord shall
not relieve Tenant of its obligations under this Lease to maintain
insurance coverage in the types and amounts herein specified, and
Tenant shall nevertheless hold Landlord harmless from any loss or
damage incurred or suffered by Landlord from Tenant’s failure
to maintain such insurance.
5.3 Plate Glass Insurance .
The replacement of any plate glass damaged or broken from any cause
whatsoever in and about the Premises shall be Tenant’s
responsibility. Tenant shall, during the entire term hereof, keep
in full force and effect a policy of plate glass insurance covering
all the plate glass of the Premises, in amounts satisfactory to
Landlord. The policy shall name Landlord as additional insured and
shall contain a clause that the insurer will not cancel or change
the insurance without first giving the Landlord twenty
(20) days prior notice. A copy of the policy together with the
declarations page therefore shall be delivered to Landlord prior to
the commencement of the term of this Lease.
5.4 Increases in Fire Insurance
Premium . Tenant agrees that it will not keep, use or sell in
or upon the Premises any article, machinery or equipment which may
be prohibited by the standard form of fire and extended risk
insurance policy. Tenant agrees to pay any increase in premiums for
fire and extended coverage insurance that may be charged during the
term of this Lease on the amount of such insurance which may be
carried by Landlord on the Premises or the building of which it is
a part, resulting from the type of merchandise, machinery or
equipment sold or kept by Tenant in the Premises or resulting from
Tenant’s use of the Premises, whether or not Landlord has
consented to the same.
5.5 Indemnification . Tenant
shall indemnify, defend and save Landlord harmless from and against
any and all claims, actions, damages, liability and expense in
connection with loss of life, personal injury and/or damage to or
destruction of property arising from or out of any occurrence in,
upon or at the Premises, or any part thereof, or the occupancy or
use by Tenant of the Premises or any part thereof, or occasioned
wholly or in part by any act or omission of Tenant, its agents,
contractors, employees, servants, lessees or concessionaires.
Landlord shall indemnify, defend and save Tenant harmless from and
against any and all claims, actions, damages, liability and expense
in connection with loss of life, personal injury and/or damage to
or destruction of property arising from or out of any occurrence
in, upon or at the Premises occasioned in whole or in part by any
negligent act or omission by Landlord, its agents, contractors,
employees, servants or concessionaires. In case the indemnifying
party shall be made a party to any litigation commenced by or
against the other party, then such other party shall protect and
hold the indemnified party harmless and pay all costs and
attorney’s fees incurred by the indemnified party in
connection with such litigation, and any appeals thereof. The
defaulting party shall also pay all costs, expenses and reasonable
attorney’s fees that may be incurred or paid by the other
party in enforcing the covenants and agreements in this
Lease.
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ARTICLE 6
UTILITIES
6.1 Utilities . Tenant shall
be solely responsible for and shall promptly pay all charges for
water, gas, electricity, garbage, and any other utility used and
consumed in the Premises. In the event that such utilities charges,
or any portion thereof shall be separately metered for the
Premises, tenant shall pay such meter charges directly to the
utility company supplying such service. In the event, however, that
such utilities charges, or any portion thereof, shall not be
separately metered for the Premises, tenant shall pay to Landlord
its pro rata share of such non-metered charges. If any such charges
are not paid when due, Landlord may, at its option pay the same,
and any amount so paid by Landlord shall thereupon become due to
Landlord from tenant as additional rent. In no event, however,
shall Landlord be liable for an interruption or failure in the
supply of any such utilities to the Premises.
ARTICLE 7
SUBORDINATION AND
ATTORNMENT
7.1 Subordination . Tenant
hereby subordinates its rights hereunder to the lien of any ground
or underlying leases, any mortgage or mortgages, or the lien
resulting from any other method of financing or refinancing, now or
hereafter in force against the Premises and to all advances made or
hereafter to be made upon the security thereof. This Section shall
be self-operative and no further instrument of subordination shall
be required by any mortgagee, but Tenant agrees upon request of
Landlord, from time to time, to promptly execute and deliver any
and all documents evidencing such subordination, and failure to do
so shall constitute a default under this Lease.
7.2 Attornment . In the event
any proceedings are brought for the foreclosure of, or in the event
of exercise of the power of sale under, any mortgage covering the
Premises or in the event a deed is given in lieu of foreclosure of
any such mortgage, Tenant shall attorn to the purchaser, or grantee
in lieu of foreclosure, upon any such foreclosure or sale and
recognize such purchaser, or grantee in lieu of foreclosure, as the
Landlord under this Lease.
7.3 Financing Agreements .
Tenant shall not enter into, execute or deliver any financing
agreement that can be considered as having priority to any mortgage
or deed of trust that Landlord may have placed upon the
Premises.
ARTICLE 8
ASSIGNMENT AND
SUBLETTING
Tenant may not assign this lease in
whole or in part, nor sublet all or any portion of the Premises,
without the prior written consent of Landlord in each instance. The
consent by Landlord to any assignment or subletting shall not
constitute a waiver of the necessity for such consent to any
subsequent assignment or subletting. It is understood that Landlord
may refuse to grant consent to any assignment or subletting by
Tenant with or without cause and without stating in its refusal to
grant such consent the reasons for which it refuses to grant such
consent and may not, under any circumstances, be required or
compelled to grant such consent. No assignment, under letting,
occupancy or collection shall be deemed acceptance of the assignee,
subtenant or occupant as Tenant, or a release of Tenant from the
further performance by Tenant of the covenants on the part of
Tenant herein contained. This prohibition against any assignment or
subleasing by operation of law, legal process, receivership,
bankruptcy or otherwise, whether voluntary or
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involuntary and a prohibition against any
encumbrance of all and any part of Tenant’s leasehold
interest. Tenant shall remain fully liable on this Lease and shall
not be released from performing any of the terms, covenants and
conditions hereof or any rents or other sums to be paid hereunder.
Tenant acknowledges and agrees that any and all right and interest
of the Landlord in and to the Premises, and all right and interest
of the Landlord in this Lease, may be conveyed, assigned or
encumbered at the sole discretion of the Landlord at any
time.
ARTICLE 9
FACILITIES
9.1 Control of Common Areas by
Landlord . All automobile parking areas, driveways, entrances
and exits thereto, and other facilities furnished by Landlord at or
near the Premises, including employee parking areas, the truck way
or ways, loading docks, package pick-up stations, pedestrian
sidewalks and ramps, landscaped areas, exterior stairways, and
other areas and improvements provided by Landlord for the general
use, in common, of tenants, their officers, agents, employees and
customers, shall at all times be subject to the exclusive control
and management of Landlord, and Landlord shall have the right from
time to time to establish, modify and enforce reasonable rules and
regulations with respect to all facilities and areas mentioned in
this Article. Landlord shall have the right to construct, maintain
and operate lighting facilities on all said areas and improvements;
from time to time to change the area, level, location and
arrangement of parking areas and other facilities hereinabove
referred to and to restrict parking by tenants, their officers,
agents and employees to employee parking areas. Landlord shall not
have any duty to police the traffic in the parking areas. Tenant is
to maintain and repair parking and at tenant’s
expense.
ARTICLE 10
TENANT’S FIXTURES AND
IMPROVEMENTS
10.1 Alterations by Tenant .
Tenant shall not make any alterations, renovations, improvements or
other installations (collectively “Alterations”) in, on
or to any part of the Premises (including, without limitation, any
alterations of the front, signs, structural alterations, or any
cutting or drilling into any part of the Premises or any securing
of any fixture, apparatus, or equipment of any kind to any part of
the Premises) unless and until Tenant shall have caused plans and
specifications therefore to have been prepared, at Tenant’s
expense, by an architect or other duly qualified person and shall
have obtained Landlord’s approval thereof. Tenant shall
submit to Landlord detailed drawings and plans of the proposed
Alterations at the time Landlord’s approval is sought. If
such approval is granted, Tenant shall cause the work described in
such plans and specifications to be performed, at its expense,
promptly, efficiently, competently and in a good and workmanlike
manner by duly qualified and licensed persons or entities approved
by Landlord, using first grade materials. All such work shall
comply with all applicable codes, rules, regulations and
ordinances. The Tenant shall at all times maintain fire insurance
with extended coverage in an amount adequate to cover the cost of
replacement of all alterations, decorations, additions or
improvements to the Premises by Tenant in the event of fire or
extended coverage loss. Tenant shall deliver to the Landlord
certificates of such fire insurance policies, which shall contain a
clause requiring the insurer to give the Landlord ten
(10) days notice of cancellation of such policies.
10.2 Mechanic’s Liens .
No work performed by Tenant pursuant to this Lease, whether in the
nature of erection, construction, alteration or repair, shall be
deemed to be for the immediate use and benefit of Landlord so that
no mechanic’s or other lien shall be
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allowed against the estate of Landlord by reason
of any consent given by Landlord to Tenant to improve the Premises.
Tenant shall place such contractual provisions as Landlord may
request in all contracts and subcontracts for Tenant’s
improvements assuring Landlord that no mechanic’s liens will
be asserted against Landlord’s interest in the Premises or
the property of which the Premises are a part. Said contracts and
subcontracts shall provide, among other things, the following: That
notwithstanding anything in said contracts or subcontracts to the
contrary, Tenant’s contractors, subcontractors, suppliers and
materialmen (hereinafter collectively referred to as
“Contractors”) will perform the work and/or furnish the
required materials on the sole credit of Tenant; that no lien for
labor or materials will be filed or claimed by the Contractors
against Landlord’s interest in the Premises or the property
of which the Premises are a part; that the Contractors will
immediately discharge any such lien filed by any of the
Contractor’s suppliers, laborers, materialmen or
subcontractors; and that the Contractors will indemnify and save
Landlord harmless from any and all costs and expenses, including
reasonable attorney’s fees, suffered or incurred as a result
of any such lien against Landlord’s interest that may be
filed or claimed in connection with or arising out of work
undertaken by the Contractors. Tenant shall pay promptly all
persons furnishing labor or materials with respect to any work
performed by Tenant or its Contractors on or about the Premises. If
any mechanic’s or other liens shall at any time be filed
against the Premises or the property of which the Premises are a
part by reason of work, labor, services or materials performed of
furnished, or alleged to have been performed or furnished, to
Tenant or to anyone holding the Premises through or under Tenant,
and regardless of whether any such lien is asserted against the
interest of Landlord or Tenant, Tenant shall cause the same to be
discharged of record or bonded to the satisfaction of Landlord
within thirty (30) days of notice of such lien. If Tenant
shall fail to cause such lien to be so discharged or bonded after
being notified of the filing thereof, then, in addition to being an
Event of Default and any other right or remedy of Landlord,
Landlord may bond or discharge the same by paying the amount
claimed to be due, and the amount so paid by Landlord, including
reasonable attorneys’ fees incurred by Landlord either in
defending against such lien or in procuring the bonding or
discharge of such lien, together with interest thereon at the
Default Rate, shall be due and payable by Tenant to Landlord as
Additional Rent.
10.3 Tenant’s Leasehold
Improvements and Trade Fixtures . All leasehold improvements
(as distinguished from trade fixtures and apparatus) installed in
the Premises at any time, whether by or on behalf of Tenant or by
or on behalf of Landlord, shall not be removed from the Premises at
any time, unless such removal is consented to in advance by
Landlord; and at the expiration of this Lease (either on the
Expiration Date or upon such earlier termination as provided in
this Lease), all such leasehold improvements shall be deemed to be
part of the Premises, shall not be removed by Tenant when it
vacates the Premises, and title thereto shall vest solely in
Landlord without payment of any nature to Tenant.
All trade fixtures and apparatus (as
distinguished from leasehold improvements) owned by Tenant and
installed in the Premises shall remain the property of Tenant and
shall be removable at any time, including upon the expiration of
the Term; provided Tenant shall not at such time be in default of
any terms or covenants of this Lease, and provided further, that
Tenant shall repair any damage to the Premises caused by the
removal of said trade fixtures and apparatus and shall restore the
Premises to substantially the same condition as existed prior to
the installation of said trade fixtures and apparatus and shall
restore the Premises to substantially the same condition as existed
prior to the installation of said trade fixtures and
apparatus.
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ARTICLE 11
MAINTENANCE AND REPAIR OF
PREMISES
11.1 Maintenance by Tenant .
Tenant shall at all times keep in good order, condition and repair
(which shall include the providing of replacements where necessary)
the entire Premises, including, without limitation, the roof, the
exterior and all glass and show window moldings; and all
partitions, doors, interior walls, fixtures, equipment and
appurtenances thereto, including lighting, heating and plumbing
fixtures and any air conditioning system and sprinkler system
situated within and/or servicing the Premises. Said maintenance by
Tenant shall include, without limitation, periodic painting as is
reasonably necessary. All cutting and patching of the roof area
required for any reason whatsoever shall be performed by the
Landlord’s roofing subcontractor. In the event that Tenant
causes such work to be performed by anyone other than the
Landlord’s roofing subcontractor, Landlord will have the
right, at Tenant’s sole cost and expense and without notice
to Tenant, to cause said work and the roof area affected thereby to
be inspected and/or repaired by Landlord’s roofing
subcontractor. All repairs, replacements, or maintenance of any
item or any type of the Premises is the responsibility of the
Tenant and to be paid for by tenant.
ARTICLE 12
SIGNS
On or before the Commencement Date,
Tenant will at its sole cost and expense purchase and cause to be
installed upon the exterior of the Premises a sign which in all
respects conforms to the criteria established by Landlord. However,
Tenant will not install said sign without first obtaining
Landlord’s written approval thereof. Thereafter, Tenant will
not place or suffer to be placed or maintain on any portion of the
exterior (including windows) of the Premises any sign, awning,
canopy or advertising matter or other thing of any kind, without
first obtaining Landlord’s written approval and consent.
Without limitation as to the foregoing, Landlord specifically
reserves the right at any time during the term of this Lease to
require Tenant to remove from the Premises any sign(s) situated
thereon and to replace same with a sign or signs which in all
respects conform to a sign standard designated by Landlord, all of
which will be performed at Tenant’s sole cost and expense.
Tenant agrees to maintain any such sign, awning, canopy,
decoration, lettering, advertising matter or other thing as may be
approved in good condition and repair at all times and to repaint
or replace such signs from time to time when reasonably necessary
and to illuminate such signs in accordance with standards
established by Landlord from time to time, including hours of
illumination. All signs in addition must be conform to code and
local ordinances rules, laws and regulations.
ARTICLE 13
WASTE AND GOVERNMENTAL
REGULATIONS
13.1 Nuisance or Waste .
Tenant shall not commit or suffer to be committed any waste upon
the Premises or any nuisance or other act or thing which may
disturb the quiet enjoyment of any other tenant in the building in
which the Premises may be located.
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13.2 Compliance with Laws .
Tenant, at its sole cost, will promptly comply with all applicable
laws, guidelines, rules, regulations and requirements, whether of
federal, state, or local origin, applicable to the Premises,
including, but not limited to, the Americans with Disabilities Act,
42 U.S.C. § 12101 et seq., and those for the correction,
prevention and abatement of nuisance, unsafe conditions, or other
grievances arising from or pertaining to the use or occupancy of
the Premises. Tenant at its sole cost and expense shall be solely
responsible for taking any and all measures which are required to
comply with the requirements of the ADA within the Premises. Any
Alterations to the Premises made by or on behalf of Tenant for the
purpose of complying with the ADA or which otherwise require
compliance with the ADA shall be done in accordance with this
Lease; provided, that Landlord’s consent to such Alterations
shall not constitute either Landlord’s assumption, in whole
or in part, of Tenant’s responsibility for compliance with
the ADA, or representation or confirmation by Landlord that such
Alterations comply with the provisions of the ADA.
13.3 Governmental Regulations
. Tenant shall, at Tenant’s sole costs and expense, comply
with all regulations of all county, municipal, state, federal and
other applicable governmental authorities, not in force or which
may hereafter be in force, pertaining to Tenant or its use of the
Premises, and shall faithfully observe in the use of the Premises
all municipal and county ordinances and state and federal statutes
now in force or which may hereinafter be in force. Tenant shall
indemnify, defend and save Landlord harmless from penalties, fines,
costs, expenses suits, claims, or damages resulting from
Tenant’s failure to perform its obligations in this
Section.
13.4 Rules and Regulations .
Landlord reserves the right from time to time to make reasonable
rules and regulations, governing loading of supplies, trash
collection, pest control, parking, noise, electrical overloads and
similar issues of general concern to all tenants in the event that
th