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LEASE AGREEMENT

Lease Agreement

LEASE AGREEMENT | Document Parties: NEXXUS LIGHTING, INC. | Floyd Smith Office Park LLC You are currently viewing:
This Lease Agreement involves

NEXXUS LIGHTING, INC. | Floyd Smith Office Park LLC

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Title: LEASE AGREEMENT
Date: 4/3/2007
Industry: Misc. Fabricated Products     Law Firm: Parker, Poe, Adams & Bernstein L.L.P;     Sector: Basic Materials

LEASE AGREEMENT, Parties: nexxus lighting  inc. , floyd smith office park llc
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Exhibit 10.10

LEASE AGREEMENT

Suite #     300    

Sq Ft     2092    

$/Sq Ft     19.50    

THIS LEASE AGREEMENT (this “Lease”) is made effective this 27th day of February , 200 7 , by and between Floyd Smith Office Park LLC, as landlord (“Landlord”), and Super Vision International, Inc. as tenant (“Tenant”).

FOR AND IN CONSIDERATION of the mutual agreements contained herein, Landlord and Tenant agree as follows:

1.     DEFINITIONS . Capitalized terms appearing in this Lease, unless defined elsewhere in this Lease, shall have the following definitions:

a.    “Additional Rent” shall mean all sums of money in addition to Base Rent which shall become due from Tenant under this Lease.

b.    “Building” shall mean that certain multi-story office building having a street address of 124 Floyd Smith Blvd., Charlotte, North Carolina 28262 and located on the Land.

c.    “Common Areas” shall mean all areas, improvements, space and special services within the Building or on the Land provided by Landlord from time to time in its sole discretion for the common or joint use and benefit of all tenants, customers and invitees of the Building, including, without limitation, any parking areas, access roads, service drives, service areas, driveways, entrances and exits, retaining walls, landscaped areas, truck serviceways, loading docks or ramps, pedestrian walkways, overstreet walkways, connecting malls, atriums, walls, ceilings, patios, courtyards, garden areas, plaza areas, park areas, concourses, ramps, sidewalks, corridors, washrooms, signs, maintenance buildings, utility buildings, hallways, lobbies, elevators, elevator foyers, escalators, stairs, common window areas, and trash, garbage or rubbish areas.

d.    “Land” shall mean the real property upon which the Building is situated as more particularly described on Exhibit A attached hereto and incorporated herein.

e.    “Net Useable Area” shall mean the number of square feet of enclosed floor area within the Building (or any portion thereof) intended for the exclusive use by the tenant or occupant thereof measured from the outside finished surface of the exterior walls or permanent outer building walls and from the mid-point of any interior or party wall. As of the execution date of this Lease, the Total Useable Area of the Building is 35,492 square feet.

f.    “Premises” shall mean the space shown cross-hatched on the floor plan attached hereto as Exhibit B and incorporated herein.

g.    “Rules and Regulations” means the rules and regulations adopted by Landlord for the Building, the Land and the Common Areas and attached hereto as Exhibit C and incorporated herein, as well as any other rules and regulations which Landlord may adopt in the future for the Building, the Land and the Common Areas.

2.     PREMISES . Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon the terms and conditions and for the purposes set forth in this Lease, the Premises.

3.     TERM .

a.    This Lease shall commence upon signed certificate of occupancy (“Commencement Date”), and shall continue for an initial term of 60 months (“Initial Term”), terminating at midnight of the last day of the 60 th month unless modified or earlier terminated pursuant to the terms hereof.

 

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4.     BASE RENT .

a.     As agreed, the first five (5) months are rent free. Following the first five (5) rent free months, Tenant shall pay annual Base Rent in advance, in twelve (12) equal monthly installments $3,399.50 on or before the first (1st) day of each calendar month during the Term, without notice, deduction, demand, abatement, counterclaim or set off, at the rates set forth below. Base Rent for any partial month shall be paid in advance and prorated based on the number of days in such partial calendar month. The first (1st) payment of Base Rent shall be due and payable on or before the execution of this Lease. Base Rent and all other sums of money due from Tenant hereunder shall be collectively referred to hereinafter as “Rent”.

 

 

 

 

 

 

 

 

Year Start Date

 

Year End Date

 

Monthly Rent

 

Annual Rent

2007

 

2008

 

$3,399.50

 

$40,794.00

2008

 

2009

 

$3,501.49

 

$42,017.88

2009

 

2010

 

$3,606.53

 

$43,278.36

2010

 

2011

 

$3,714.73

 

$44,576.76

2011

 

2012

 

$3,826.17

 

$45,914.04

b.    Checks for all Rent shall be made payable to Landlord and mailed or delivered to the address set forth in Section 32 below or such other address as Landlord may designate to Tenant in writing. To defray administrative and handling expenses, Tenant agrees to pay an additional charge of Fifty and No/100 Dollars ($50) for each returned check. If any payment of Rent is not received by Landlord within five (5) days of the due date, then Tenant shall pay Landlord the greater of (i) five percent (5%) of the late Rent: or (ii) Two Hundred Fifty and No/00 Dollars ($250.00). In addition, if any payment of Rent is not received within ten (10) days of when due, such late Rent shall bear interest at the lesser of ten percent (10%) per annum, compounded monthly, or the maximum rate permitted under law, from the due date of such Rent until such late Rent and all interest accrued thereon is paid in full. Tenant acknowledges that the aforementioned late charge and interest are in addition to Landlord’s other rights and remedies available under this Lease, at law or in equity, and that such late charge and interest shall in no way limit Landlord’s other rights and remedies. If Landlord shall at any time accept any such Rent or other sums after the same shall become due and payable, such acceptance shall not excuse a delay upon subsequent occasions, or constitute or be construed as a waiver of any of Landlord’s rights hereunder, at law or in equity.

5.     ADJUSTMENTS IN BASE RENT .

a.    Beginning with the first (1 st ) day of the thirteenth (13 th ) full calendar month following the Commencement Date and annually thereafter during the entire Term (the “Adjustment Dates”), a cost of living adjustment shall be made to Base Rent of 3%.

6.     COMMON AREAS . Subject to the terms and conditions of this Lease and the Rules and Regulations, Tenant and its employees and invitees shall have the non-exclusive right to use, in common with other tenants and occupants of the Building, the Common Areas, as they may be designated by Landlord from time to time. Landlord or its successors or assigns may change or modify the size, use, shape, location or nature of any of the Common Areas, or eliminate them altogether, all without any liability to Tenant. There is 4762 sq ft of Common area at the time of this lease signature.

7.     UTILITIES AND OTHER SERVICES .

a.    Landlord agrees to furnish the following services:

 

 

i.

Hot and cold water at those points of supply provided for general use of all the tenants in the Building and within the Premise;

 

 

ii.

Central heat and air conditioning sufficient for the comfortable occupancy of the Premises; provided, however, heating and air conditioning service at times other than during “Normal

 

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Business Hours” for the Building (which are 8:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. on Saturday, exclusive of normal business holidays) shall be furnished only on seventy-two (72) hours advance written request by Tenant to Landlord. Tenant shall bear the entire cost of such additional service as such costs are determined by Landlord from time to time. If Tenant shall use any equipment in the Premises which affects the temperature otherwise maintained by the central heating and air conditioning system, then Landlord shall have the right, in its sole discretion, to install supplemental air conditioning units and the cost thereof, including the cost of installation, maintenance and operation of such units, shall be paid by Tenant to Landlord upon demand;

 

 

iii.

Reasonable janitorial service, Monday through Friday only, exclusive of normal business holidays and

 

 

iv.

Facilities to provide electricity for routine lighting and the operation of general office equipment. Tenant shall not use any electrical equipment which in Landlord’s opinion will overload the Building’s electrical systems or circuits.

b.    Landlord shall have the right to require Tenant to separately meter all non -standard or additional utilities and any or all of the utilities set forth above, in which case Tenant shall pay, prior to delinquency and directly to the appropriate utility company, all costs and expenses of such utility services, including all hook-up, user and tap fees and all other similar fees and charges.

c.    Landlord shall not be obligated to furnish any services or utilities other than as set forth in this Section 7; provided, however, if Landlord elects to furnish additional services or utilities, and the Tenant agrees to accept them for the Premise, then Tenant shall pay Landlord the costs of such additional services or utilities, or Tenant’s pro-rata share thereof, as determined by Landlord and presented to the Tenant as an signed and agreed to addendum to the Lease. Notwithstanding the foregoing, Landlord shall have the right to interrupt any utilities or other services provided for in this Section 7 for such periods of time as Landlord deems necessary for repairs, alterations and improvements, and Landlord shall not be responsible for the stoppage or interruption of any such utilities or other services and no such interruption shall result in an abatement of Rent. The failure by Landlord to furnish, or the interruption or termination of such utilities or other services in whole or in part resulting from causes beyond the reasonable control of Landlord (including, without limitation, Force Majeure (as defined below)) shall not render Landlord liable in any respect or be construed as an eviction of Tenant, or work an abatement of Rent, or relieve Tenant from any of its obligations hereunder. If Tenant fails to pay for any utilities or services provided by Landlord hereunder within 3 calendar days of when the invoice for utilities/services is due, then Landlord shall have the right, without any notice to Tenant and in addition to Landlord’s other rights and remedies hereunder, to discontinue any or all of such utilities or services.

8.     TAXES AND ASSESSMENTS . Landlord shall pay all ad valorem taxes assessed on the Land and/or the Building. Tenant shall pay, prior to delinquency, all taxes, assessments, impositions and charges assessed against or attributable to Tenant’s use and occupancy of the Premises, and assessed against all personal property, equipment, inventory and trade fixtures located within the Premises and owned by the Tenant. Tenant shall pay Landlord upon demand all taxes and assessments and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, whether or not now customary or within the contemplation of the parties hereto, which are levied upon or measured by the rental or any other sum payable hereunder, including, without limitation, any excise tax levied by any governmental body with respect to the receipt of such rental or such other sum. Any taxes, assessments, impositions or charges assessed with respect to the Land, the Premises or the Building as a result of alterations, additions or improvements to the Premises made by, for or at the direction of Tenant shall be reimbursed by Tenant to Landlord upon receipt by Tenant of written demand therefore from Landlord.

9.     USE OF THE PREMISES. Tenant shall continuously use and occupy the Premises only for general business office purposes and for no other purpose. Tenant shall, at its own cost, promptly comply with all

 

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applicable laws, rules, regulations and ordinances with respect to the use and occupancy of the Premises. Tenant shall comply with, and shall cause its employees, invitees, customers and agents to comply with, all Rules and Regulations, and Landlord shall have no liability to Tenant for the non-compliance by other tenants and occupants of the Building of the Rules and Regulations, however, Landlord shall have a duty to endeavor to cause all other tenants to comply with the Buildings Rules and Regulations to the best of their ability. Tenant shall not use or permit the use of the Premises for any purpose that is illegal, immoral or improper, or is in violation of any Rule or Regulation or any applicable legal, governmental or quasi-governmental requirement, law, ordinance or rule, or that, in Landlord’s opinion, creates a nuisance, disturbs any other tenant of the Building or injures the reputation of the Building. Tenant acknowledges and agrees that Landlord has made no representation or warranty (either expressed or implied) as to the suitability of the Premises for Tenant’s intended use of the Premises.

10.     PARKING. During the Term, Tenant shall have the non-exclusive right to use, in common with Landlord and other tenants and occupants of the Building and their respective guests, employees and invitees, the non-reserved common automobile parking areas, driveways and footways located adjacent to the Building, as such areas are designated and/or modified by Landlord from time to time in its sole discretion. Landlord shall have the right to reserve parking spaces as it elects and condition the use thereof on such terms as it elects, all in its sole discretion. Tenant shall always have a minimum of fifteen (15) parking spaces in reasonable proximity to the building available to the Tenant for its employees and visitors.

11.     MAINTENANCE BY LANDLORD. Landlord shall be responsible for maintaining and repairing the roof, foundations, exterior walls, all structural parts of the Building and all electrical, plumbing and heating, air conditioning and ventilation systems not exclusively serving the Premises including all common areas. Landlord shall not be responsible for any inconvenience or annoyance to Tenant caused by any such repairs or maintenance, and Tenant shall not reduce or withhold any portion of any Rent payment without a prior final judicial determination of Tenant’s right to do so. However, Landlord shall diligently endeavor to avoid interrupting service for maintenance during the buildings operating hours. In the event any of the foregoing repairs or maintenance is required because of any act or omission of Tenant or its employees, agents, invitees or representatives, then Tenant shall pay Landlord upon demand all costs and expenses incurred by Landlord in performing such repairs or maintenance. Neither Landlord nor its agents have made any representations or warranties (either express or implied) with respect to the Premises or the condition thereof, and Tenant accepts the Premises in “AS IS” and “WHERE IS” condition. Tenant agrees that, by leasing the Premises, Tenant has examined the Premises and has approved all matters concerning the Premises which Tenant deems material to Tenant’s leasing and use of the Premises. Landlord shall have no obligation to make any improvements, alterations, repairs or maintenance to the Premises prior to or during the Term except as specifically set forth herein.

12.     ALTERATIONS.

 

a.    Tenant shall not make any alterations, additions or improvements to any portion of the Premises, either inside or outside, without Landlord’s prior written consent in each instance. Upon any request by Tenant to make any alterations, additions or improvements, Landlord reserves the right to require Tenant to submit to Landlord plans and specifications for Landlord’s approval. Any alterations, additions or improvements (except for movable equipment and furniture owned by Tenant) installed in the Premises by or on behalf of Tenant shall, at Landlord’s option, become a part of the Premises and Landlord’s property upon the expiration or earlier termination of this Lease unless otherwise stated by Landlord in writing; provided, however, Landlord shall have the right to require Tenant to remove any such alteration, addition or improvement at Tenant’s expense upon the expiration or earlier termination of this Lease. In the event that Landlord so elects, and Tenant fails to remove such alteration, addition or improvement, Landlord may remove such alteration, addition or improvement at Tenant’s cost, and Tenant shall pay Landlord on demand the cost of restoring the Premises to the condition it existed as of the Commencement Date, ordinary wear and tear excepted. Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by

 

4


Landlord in repairing or replacing any damage to the Building, Premises or Common Areas caused by Tenant or Tenant’s agents, employees, invitees, or visitors except to the extent covered by insurance.

b.    If any such alterations, additions or improvements are consented to by Landlord, Tenant, at its sole cost and expense, shall perform such work in a good and workmanlike manner, and shall obtain all necessary governmental permits and certificates necessary for the commencement and completion of such alterations, additions and improvements, and shall cause such alterations, additions and improvements to be performed in compliance therewith and with all applicable laws, ordinances, requirements, orders, rules and regulations.

13.     ASSIGNMENT AND SUBLETTING. Tenant shall not assign or otherwise transfer this Lease or sublet any or all of the Premises without Landlord’s prior written consent, which consent Landlord may withhold in its sole discretion. Such consent shall not be unreasonably withheld. The sale, transfer or issuance of the stock, membership interest or partnership interest of Tenant shall be deemed an assignment of this Lease which shall require Landlord’s written consent, which will not be unreasonably withheld. If Landlord consents to any such assignment, sublet or transfer, (i) Tenant shall not be released from any obligations or liabilities under this Lease; (ii) Landlord shall receive all sums and other consideration paid or payable to Tenant by such assignee, transferee or subtenant; and (iii) Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord in reviewing any such request. The acceptance of Rent by Landlord shall not be deemed to be a consent by Landlord to any such assignment, sublet or other transfer, nor shall the same be deemed a waiver of any right or remedy of Landlord under this Lease, at law or in equity. Consent to one assignment or sublease by Landlord shall not be deemed a consent to future assignments or subleases.

14.     DAMAGE AND LOSS. Tenant shall use the Premises and all facilities of the Premises at Tenant’s risk. Landlord shall not be liable to Tenant or Tenant’s employees, licensees, invitees or guests or any other person for any loss, injury or damage to any property or person occasioned by theft, Force Majeure or any other cause beyond the control of Landlord, whether or not due to negligent acts or omissions of Tenant or Tenant’s employees, licensees, invitees or guests or by any other third parties. All property placed on, in or about the Premises by, at the direction of, or with the consent of Tenant or its employees, agents, licensees or invitees shall be at the risk of Tenant or the owner thereof, and Landlord shall not be liable for any loss of or damage to said property resulting from any cause whatsoever.

15.     INSURANCE.

a.    Throughout the Term, Tenant shall maintain, at its own expense, the following types of insurance:

 

 

i.

commercial general public liability insurance, which shall include coverage for personal liability, contractual liability, Tenant’s legal liability, bodily injury (including death) and property damage, all on an occurrence basis, with respect to the business carried on from the Premises and Tenant’s use and occupancy of the Premises in an amount not less than $1,000,000.00 per occurrence, with an umbrella liability policy of $3,000,000.00 in excess of said liability insurance, with Landlord, Landlord’s mortgagee (if any ) and Landlord’s designees named as additional insureds thereunder;

 

 

ii.

special extended coverage form property damage insurance with respect to Tenant’s property, equipment, inventory and fixtures located in or about the Premises, at the full replacement cost thereof;

 

 

iii.

worker’s compensation insurance as required by law; and

 

 

iv.

any other insurance which Landlord reasonably requires.

b.    All such insurance policies shall:

 

 

i.

provide that they shall not be canceled or the coverage reduced without thirty (30) days prior written notice to Landlord and Landlord’s designees and mortgagee (if any);

 

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ii.

provide that such insurance shall be primary with respect to any policies carried by Tenant and that any coverage by Landlord shall be excess insurance;

 

 

iii.

be issued by insurance companies authorized and licensed to do business in the State where the Premises are located and approved by Landlord, with a policy holders rating of no less than “A-VIII” in the most current edition of Best’s Insurance Reports ;

 

 

iv.

contain a waiver of subrogation endorsement acceptable to Landlord; and

 

 

v.

contain deductible amounts acceptable to Landlord, but in no event greater than $5,000.00.

c.    A copy of each insurance policy required to be maintained hereunder shall be delivered to Landlord prior to the Commencement Date and not less than thirty (30) days prior to any renewal of such insurance policy. If Tenant fails to procure any of the insurance required under this Section 15 and fails to maintain the same in full force and effect continuously during the Term, then Landlord shall have the right to obtain such insurance, and Tenant shall immediately reimburse Landlord for all costs and expenses of obtaining such insurance.

d.    Anything in this Lease to the contrary notwithstanding, Landlord and Tenant each hereby waive any and all rights of recovery, claims, actions or causes of action against the other, its agents, officers, or employees, for any loss or damage that may occur to the Premises or a part thereof, or any improvements thereto, or any personal property of such party therein, by reason of fire, the elements, or any other cause which is insured against under the terms of the insurance policies referred to in this Section 15, regardless of cause or origin, including negligence of the other party hereto, its agents, officers, or employees. All insurance policies carried with respect to this Section 15, if permitted under applicable law, shall contain a provision whereby the insurer waives all rights of subrogation against Landlord and Tenant.

16.     INDEMNIFICATION. Tenant agrees to indemnify, defend and hold Landlord and its employees, agents, officers or representatives harmless from and against any and all suits, actions, claims, costs, damages, liabilities and expenses (including attorney’s fees and court costs) caused in whole or in part, or arising directly or indirectly out of any negligent act or omission or willful misconduct of Tenant or Tenant’s agents, employees, customers, invitees or contractors; or (iii) any breach by Tenant of its obligations under this Lease.

17.     CASUALTY.

a.    In case of damage to or destruction of the Building or the Premises by fire or other casualty, Tenant shall give immediate written notice to Landlord. In such event, Landlord may terminate this Lease upon written notice to Tenant within ninety (90) days of the date of such casualty. In the event Landlord does not elect to terminate this Lease, after receipt of sufficient insurance proceeds, Landlord shall restore, repair and rebuild the Premises as nearly as practical to the condition the Premises was in immediately prior to such casualty, and Base Rent shall equitably abate based on the nature and extent of the Premises so damaged from the date of the casualty until the date that the Premises is substantially repaired or restored. All insurance proceeds in connection with any casualty shall be payable to Landlord. In no event shall Landlord be required t


 
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