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LEASE AGREEMENT

Lease Agreement

LEASE AGREEMENT | Document Parties: DNT Timberline Lakes, LLC | Horizon West Property Management, Inc | Lionbridge US, Inc | Morgan Holdings, LLC, GratefulDV, LLC You are currently viewing:
This Lease Agreement involves

DNT Timberline Lakes, LLC | Horizon West Property Management, Inc | Lionbridge US, Inc | Morgan Holdings, LLC, GratefulDV, LLC

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Title: LEASE AGREEMENT
Date: 3/13/2009
Industry: Business Services     Sector: Services

LEASE AGREEMENT, Parties: dnt timberline lakes  llc , horizon west property management  inc , lionbridge us  inc , morgan holdings  llc  gratefuldv  llc
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Exhibit 10.30

LIONBRIDGE US, INC.

760 WHALERS WAY, BUILDING C, SUITE 110

FORT COLLINS, COLORADO

TABLE OF CONTENTS

 

ARTICLE I

  

1

1.1

  

DESCRIPTION

  

1

1.2

  

EXCEPTION AND RESERVATION

  

1

1.3

  

DEFINITIONS

  

1

ARTICLE II

  

2

2.1

  

TERM

  

2

2.2

  

MINIMUM RENT

  

2

2.3

  

ADDITIONAL SERVICES PROVIDED

  

2

2.4

  

ADDITIONAL RENT

  

2

2.5

  

OPERATING EXPENSES

  

3

2.6

  

SECURITY DEPOSIT

  

3

2.7

  

PAYMENT OF CHARGES

  

4

2.8

  

CURRENCY

  

4

ARTICLE III

  

4

3.1

  

TENANT’S USE

  

4

3.2

  

TENANT FINISH

  

4

3.3

  

UTILITIES

  

5

3.4

  

SIGNS

  

5

3.5

  

ARCHITECTURAL CONTROL

  

5

3.6

  

ENVIRONMENTAL HAZARDS AND INDEMNITY

  

5

ARTICLE IV

  

6

4.1

  

LANDLORD’S DUTY TO REPAIR

  

6

4.2

  

TENANT’S DUTY TO REPAIR

  

6

4.3

  

SURRENDER OF PREMISES

  

7

4.4

  

TENANT’S ALTERATIONS

  

7

4.5

  

MECHANIC’S LIEN

  

8

4.6

  

ROOF

  

8

ARTICLE V

  

8

5.1

  

LIABILITY OF TENANT

  

8

5.2

  

NOTICE OF CLAIM OR SUIT

  

8

5.3

  

LIABILITY INSURANCE

  

9

5.4

  

PLATE GLASS RESPONSIBILITY

  

9

5.5

  

FAILURE TO PROCURE INSURANCE

  

9

5.6

  

INCREASE IN FIRE INSURANCE PREMIUM

  

9

5.7

  

PROPERTY OF TENANT

  

9

5.8

  

WAIVER OF SUBROGATION

  

9

5.9

  

STIPULATIONS

  

9

ARTICLE VI

  

9

6.1

  

PARTIAL DESTRUCTION

  

9

6.2

  

SUBSTANTIAL DESTRUCTION

  

10

ARTICLE VII

  

10

7.1

  

TENANT ASSIGNMENT

  

10

ARTICLE VIII

  

11

8.1

  

TENANT’S DEFAULT

  

11

8.2

  

TENANT’S OBLIGATION

  

12

8.3

  

SECURITY INTEREST

  

12

8.4

  

LEGAL REMEDIES

  

13

8.5

  

ATTORNEY’S FEES

  

13

ARTICLE IX

  

13

9.1

  

CONTROL OF COMMON AREA

  

13

9.2

  

EMPLOYEE PARKING AREA

  

13

ARTICLE X

  

13

10.1

  

PARTIAL TAKING

  

13

10.2

  

SUBSTANTIAL TAKING

  

13

10.3

  

AWARD

  

14

 

i


ARTICLE XI

  

14

11.1

  

LANDLORD’S RIGHT OF ENTRY

  

14

11.2

  

QUIET ENJOYMENT

  

14

11.3

  

RELOCATION OF TENANT

  

14

11.4

  

WAIVER

  

14

11.5

  

TRADE FIXTURES

  

14

11.6

  

SUBORDINATION

  

15

11.7

  

NOTICES

  

15

11.8

  

FINANCIAL REPORTS

  

15

11.9

  

RECORDING

  

15

11.10

  

AMENDMENT

  

15

11.11

  

DOCUMENTATION

  

15

11.12

  

HOLDING OVER-DOUBLE LAST MONTH’S RENT

  

15

11.13

  

WAIVER OF JURY TRIAL

  

16

11.14

  

CONTROLLING LAW

  

16

11.15

  

TIME OF THE ESSENCE

  

16

11.16

  

NO PARTNERSHIP

  

16

11.17

  

PARTIAL INVALIDITY

  

16

11.18

  

SUCCESSORS

  

16

11.19

  

DISCLAIMER

  

16

11.20

  

ADDITIONAL PROVISIONS

  

16

EXHIBIT A

  

18

EXHIBIT B

  

19

EXHIBIT C

  

20

EXHIBIT C-1

  

21

 

ii


LEASE AGREEMENT

THIS LEASE AGREEMENT (the “Lease”) is dated this 23 rd day of December, 2008, by and between Horizon West Property Management, Inc. a Colorado corporation, hereinafter referred to as “Landlord”, as agent for Morgan Holdings, LLC, GratefulDV, LLC, and DNT Timberline Lakes, LLC (collectively, “Owner”), and Lionbridge US, Inc., a Delaware corporation, hereinafter referred to as “Tenant”. Mitchell M. Morgan (“Morgan”) is the sole member of Morgan Holdings, LLC, and David P. Veldman (“Veldman”) is the sole member of GratefulDV, LLC. Morgan and Veldman are real estate professionals and real estate brokers licensed in the State of Colorado acting on their own behalf.

WITNESSETH:

ARTICLE I

PREMISES

 

1.1

DESCRIPTION. Landlord, in consideration of the Rent to be paid and the covenants and agreements to be performed by Tenant, does hereby lease to Tenant and Tenant leases and accepts from Landlord, subject to the terms and conditions of this Lease, the premises commonly known as 760 Whalers Way, Building C, in the suite presently known as of the date of this Lease, as Suite 110, Fort Collins, Colorado, (the “Demised Premises”) and as outlined on the attached Exhibit “A”, said exhibit incorporated herein.

The Demised Premises are deemed to be 758 square feet which square footage will become the numerator of the fraction used to determine Tenant’s Pro-rata Share as described in Article 1.3 of this Lease.

 

1.2

EXCEPTION AND RESERVATION. Landlord reserves and excepts from the Demised Premises, the roof and exterior walls of the Building of which the Demised Premises are a part, and further reserves the right to construct additional improvements on and around the Building of which the Demised Premises are a part as may be reasonably necessary or advisable, which determination shall be in the sole discretion of Landlord.

 

1.3

DEFINITIONS. Whenever the following words or phrases are used in this Lease, said words or phrases shall have the following meaning:

 

 

(a)

“Building” shall mean the existing building, commonly known as 760 Whalers Way, Building C, Fort Collins, Colorado 80525, located in the Business Center, deemed to consist of approximately 7,084 rentable square feet.

 

 

(b)

“Building Common Areas” shall include hallways, entrance areas, stairways, elevators, if any, restroom facilities, and any other areas available for the common use by other tenants in the Building, their employees, and business invitees.

 

 

(c)

“Business Center” shall mean the Building and all of the buildings within the five building office complex known as the Boardwalk at the Landings Association (the “Association”), parking facilities, common facilities, and the like, and as the same may from time to time be altered, together with the structures which may from time to time be included thereon by any of the owners within the Association.

 

 

(d)

“Common Area” shall include the parking areas, service roads, loading facilities, sidewalks, and green areas of the Business Center, and any other areas now constructed or to be constructed for the use in common by the Tenant, other tenants in the Business Center and their employees and business invitees, subject, however, to the terms of this Lease and reasonable rules and regulations prescribed from time to time by the Landlord. Tenant acknowledges that the Common Area is controlled by the Association pursuant to a recorded Declaration of Covenants, Conditions, and Restrictions for the Boardwalk at the Landings Association and that Landlord is a member of the Association.

 

1


 

(e)

“Pro-rata Share” shall mean the total amount of the item being shared, multiplied by a fraction, the numerator of which shall be the floor area of the Demised Premises, and the denominator of which shall be the total net leasable square footage of the Building of which the Demised Premises is a part. The denominator for this particular space will be 7,084. Adjustments will be necessary if the net leasable square footage of the Building is increased or decreased for any reason at a later date. At the Commencement Date of this Lease, Tenant’s Pro-rata Share is agreed to be 10.7%.

ARTICLE II

TERMS AND RENT

 

2.1

TERM. The original term of this Lease shall be for a period of six (6) Months, commencing on December 28, 2008 (the “Commencement Date”), and expiring at 12:00 PM (Noon) on June 30, 2009, unless sooner terminated under the terms of this Lease.

 

2.2

MINIMUM RENT. Tenant covenants and agrees to pay without deductions or set-off, as minimum rent (“Minimum Rent”) for the Demised Premises for the full term of the Lease, the sum of Four Thousand One Hundred Sixty Eight and 98/100 Dollars ($4,168.98), which amount shall be payable in monthly installments without notice or demand, as follows:

 

December 28, 2008 through December 31, 2008:

  

$

-0-

January 1, 2009 through June 30, 2009:

  

$

694.83 Per Month

Said Minimum Rent is payable in advance on or before the first day of each calendar month during the term of this Lease at the offices of the Landlord or at such other place as the Landlord or Owner may hereinafter designate from time to time by written notice to Tenant. Checks shall be made payable to: Horizon West Property Management, Inc., 760 Whalers Way, Building A, Suite #200, Fort Collins, CO 80525. Tenant agrees that Minimum Rent payments and OER charges, as described in Article 2.4, will be subject to a late fee of five percent (5%) if received after five (5:00) p.m. on the tenth (10th) of the month due, and ten percent (10%) if received after five (5:00) p.m. on the fifteenth (15th) of the month.

If the Commencement Date of the Lease is other than the first of the month, Tenant shall pay a prorata portion of said monthly Minimum Rent for the remainder of said month.

 

2.3

ADDITIONAL SERVICES PROVIDED. Landlord shall provide the following services to Tenant at the times and in the manner provided to other tenants of the Building. The cost of these services, unless indicated otherwise, shall be included in Operating Expenses, as defined in Article 2.5.

 

 

(a)

janitorial service for Building Common Areas only;

 

 

(b)

electrical and gas service;

 

 

(c)

heating and air conditioning services;

 

 

(d)

fire, casualty and general liability Building insurance, together with rent insurance in such sums as may be determined by Landlord;

 

 

(e)

water and sewer services;

 

 

(f)

all exterior maintenance;

 

 

(g)

trash service;

 

 

(h)

parking lot upkeep;

 

 

(i)

all Common Area maintenance and related taxes and insurance;

 

 

(j)

real property taxes.

 

2.4

ADDITIONAL RENT. In addition to all other payments to Landlord by Tenant required hereunder, Tenant shall pay to Landlord in each year or portion thereof during the term of this Lease, or any renewal or extension thereof, as Additional Rent, Tenant’s Pro-rata Share of the annual Operating Expenses, as defined in Article 2.5 (“OER”).

 

2


Landlord shall provide to Tenant a statement of projected Tenant’s Pro-rata Share of Operating Expenses at the beginning of each calendar year, and Tenant shall pay the entire amount due and owing in twelve (12) equal monthly installments together with the Minimum Rent payments, to Landlord at the address shown in Article 2.2. In this instance, Landlord has estimated Tenant’s share of OER for the 2009 calendar year to be based on Nine and 20/100 Dollars ($9.20) per square foot or Six Thousand Nine Hundred Seventy Two and 00/100 Dollars ($6,972.00) on an annual basis, payable in monthly installments of Five Hundred Eighty One and 00/100 Dollars ($581.00) commencing on January 1, 2009.

Within ninety (90) days of the completion of the year-end accounting for the Building, or as soon as practical thereafter, Landlord shall compute Tenant’s Pro-rata Share of Operating Expenses and shall provide a summary to Tenant reflecting the actual amounts incurred for such calendar year. In the event Tenant’s Pro-rata Share of the actual Operating Expenses for such calendar year shall exceed the aggregate of the projected Operating Expenses installments actually collected by Landlord from Tenant, Tenant shall pay to Landlord within thirty (30) days following Tenant’s receipt of a statement, the amount of such excess. However, if Tenant’s Pro-rata Share of the actual Operating Expenses for such calendar year is less than the aggregate of the projected Operating Expenses installments actually collected by Landlord from Tenant, Landlord shall pay or credit to Tenant within thirty (30) days after Tenant’s receipt of the statement, the amount of the overpayment of the projected Operating Expenses installments. If the expiration or termination of this Lease occurs other than on the last day of a calendar year, the amount to be paid by Tenant or reimbursed to Tenant hereunder shall be a pro-rata amount based on the ratio of the number of days of the term of this Lease in such last calendar year to 365 days. The obligation of Tenant for the payment of Minimum Rent and Additional Rent (collectively, the “Rent”) shall survive the termination of this Lease. Failure or delay of Landlord in connection with this paragraph shall not constitute a waiver or renunciation of its rights therein.

 

2.5

OPERATING EXPENSES. For the purpose of this Lease, Operating Expenses shall mean the total amounts incurred or paid by Landlord in connection with the ownership, management, maintenance, repair, replacement and operation of the Building. Such expenses shall include, but shall not be limited to: Janitorial and cleaning contracts and restroom supplies and cleaning equipment for the Building Common Areas; all management fees and costs for the Building; heating and air conditioning for the Building; electricity, gas, and water and sewer usage fees for the Building, excluding any utility usage fees for electricity, gas, or water and sewer supplied to and paid by individual tenants; maintenance and repair of the exterior of the Building, including the roof, foundation and structural portions of the Building; maintenance and repair of the Building Common Areas; the Building’s proportionate share of all costs to maintain the Common Area; insurance costs; landscaping services; leasing or amortization of capital improvements made to the Building after the date of the execution of this Lease that reduce the operating or energy expenses, improve life safety or security systems, or are required under any governmental law or regulation that was not applicable at the time the Building was constructed, such cost to be amortized over such reasonable period as determined at Landlord’s sole discretion, together with interest on the unamortized balance at a rate equal to ten percent (10%) per annum at the time such capital improvement is put into service; and taxes. Taxes, for the purposes of this paragraph, shall mean: personal property taxes on property and equipment used in the operation and maintenance of the Building; all real estate taxes including state equalization factor, if any, payable (adjusted after protest or litigation, if any) for any part of the term of this Lease, exclusive of penalties or discounts, on the Building; any taxes which shall be levied in lieu of any such taxes on the gross rentals of the Building; any special assessments against the Building which shall be required to be paid during the calendar year in respect to which taxes are being determined; and the expense of contesting the amount or validity of any such taxes, charges, or assessments, including tax consultant fees, such expense to be applicable to the period of the item contested.

 

2.6

SECURITY DEPOSIT. Concurrent with the execution of this Lease by Tenant, Tenant shall pay to Landlord the sum of Two Thousand Five Hundred Fifty and 83/100 Dollars ($2,550.83) of which Five Hundred Eighty One and 00/100 Dollars ($581.00)

 

3


 

shall apply to OER and Six Hundred Ninety Four and 83/100 Dollars ($694.83) shall apply to Minimum Rent for the first full month of the Lease. The balance of One Thousand Two Hundred Seventy Five and 00/100 Dollars ($1,275.00) shall remain on deposit with Owner during the term of this Lease and any extensions as security for the payment of Rent and the full and faithful performance by Tenant of the covenants and conditions of this Lease. In the event of default, the sum shall be retained by Owner and may be applied toward damages arising from such default. Said deposit shall not be construed as liquidated damages. Within sixty (60) days after the yielding of said premises at the termination of this Lease by Tenant, and providing no default has occurred, said sum shall be returned to Tenant. If any monies are withheld from the same, the Landlord shall provide a written accounting as to why the monies were withheld. No interest shall be payable on the deposit. It is understood that Owner shall always have the right to apply said deposit or portion thereof to the curing of any default that may exist. Should Owner convey its interest under this Lease, the deposit, or the part or portion thereof not previously applied, shall be turned over to Owner’s grantees or assignees; and, in the event of such a grant or assignment, Tenant hereby releases Owner from any liability with respect to the deposit and Tenant agrees to look solely to such grantee or assignee and this provision shall further apply to any subsequent grantees or assigns. Tenant agrees it will not assign, pledge, mortgage or otherwise hypothecate its interest in the security deposit. It is agreed that the sum is not made in payment of Rent, but is paid solely as security by Tenant for the full and faithful performance of the obligations and terms of the Lease. Should the entire deposit or any portion thereof be appropriated and applied by Owner or Landlord for the payment of overdue Rent or any other sums due and payable to Landlord by Tenant, then Tenant shall, upon written demand by Landlord, remit to Landlord for delivery to Owner a sufficient amount in cash to restore said security to the original sum deposited, and Tenant’s failure to do so within ten (10) days after receipt of such demand shall constitute a breach of this Lease.

 

2.7

PAYMENT OF CHARGES. All Rent and other charges to be paid by Tenant shall be paid as provided in this Lease and the nonpayment of any item when due (or with monthly payments if not otherwise provided for herein) shall constitute a breach and default under the terms of this Lease thereby entitling Landlord to terminate the same and repossess itself of the Demised Premises and to seek judgment for the unpaid Rent and any other damage the Landlord may have suffered. If, however, Landlord elects to waive the breach by Tenant and accepts the tendered late payment, it is agreed that this acceptance is not a waiver by Landlord of any rights Landlord may have regarding subsequent default.

 

2.8

CURRENCY. All monies due from Tenant to Landlord under this Lease, whether as Rent or otherwise, are to be paid in lawful currency of the United States, as then exists. The parties hereto agree that if for any reason dollars are no longer lawful currency of the United States, then all monies due from Tenant to Landlord hereunder shall be payable in lawful currency of the United States as may exist at the time the particular payment is made.

ARTICLE III

USE OF PREMISES

 

3.1

TENANT’S USE. The Demised Premises shall be used and occupied by Tenant solely as office space and for no other purpose without Landlord’s prior written consent. Tenant shall comply with all rules, regulations and laws of any governmental authority with respect to use and occupancy, and shall not violate in any manner any of the exclusive use rights granted by Landlord to any other tenants in the Building, which exclusive use provisions contained in said leases are available for Tenant’s inspection.

 

3.2

TENANT FINISH. Tenant hereby accepts the Demised Premises and all appurtenances thereto in their current, “as is” condition. Tenant shall be responsible for all tenant finish on the Demised Premises. Tenant shall first submit to Landlord any such drawings, layouts, samples of material and any other information Landlord deems necessary to demonstrate the finish anticipated by Tenant. No such finish work shall be undertaken until Landlord has given its written approval, which written approval shall not be unreasonably withheld, provided, however, Tenant acknowledges that no tenant finish shall be allowed which, in the opinion of Landlord, is not consistent with the overall scheme of the Building.

 

4


All construction work done by Tenant or Tenant’s contractor within the Demised Premises shall be performed in a good and workmanlike manner, in compliance will all governmental requirements and the requirements of any contract or deed of trust to which Landlord may be a part, and in such manner as to cause a minimum of interference with other construction in progress or with the transaction of business in the Building. Tenant agrees to indemnify Landlord and hold it harmless against any loss, liability or damage resulting from such work, and Tenant shall, if requested by Landlord, furnish bond or other security satisfactory to Landlord against any such loss, liability or damage.

 

3.3

UTILITIES. Landlord agrees to pay for Tenant’s requirements of electric current, gas, sewer, heat, water, and all other utilities and all taxes or charges on such utility services which are used on or attributable to the Demised Premises, which utilities shall be included in the Operating Expenses as defined in Article 2.5 of this Lease. In no event shall Landlord be liable for any interruption or failure in the supply of any utilities to the Demised Premises. In the event that Tenant’s consumption of electricity in the conduct of Tenant’s business in the Demised Premises exceeds the average consumption of electricity for general office space usage, then Tenant shall pay for the excess consumption, which cost Landlord shall reasonably estimate based on historical consumption records.

 

3.4

SIGNS. Tenant shall not place on any exterior door, wall, or window of the Demised Premises any sign or advertising matter without first obtaining Landlord’s written approval and consent. Tenant agrees to maintain such sign or advertising matter as approved by Landlord in good condition and repair. All signs shall comply with the architectural control placed on the Building by the Association and also shall comply with all applicable ordinances or other governmental restrictions and the prompt compliance therewith shall be the responsibility of the Tenant. In this regard, Tenant acknowledges that no sign or window treatment will be allowed which contains neon lighting without written consent of Landlord. Any such sign shall be in line with the overall plan of the Building. No sign shall be approved until a colored rendering of the same has been submitted to Landlord and approved by Landlord.

Any signs erected or placed in or on the Demised Premises by Tenant may be removed by Tenant during the term hereof only with the prior written consent of Landlord. Upon the expiration or sooner termination of this Lease, all signs placed by Tenant must be removed and all damage caused by the erection, maintenance, or removal of any or all signs shall be fully repaired at the expense of Tenant.

 

3.5

ARCHITECTURAL CONTROL. Tenant acknowledges that Landlord shall have complete architectural control over any improvements constructed in the Building. In this regard, any improvements to be constructed by Tenant shall not be undertaken unless all renderings, specifications, drawings and other material as may be required by Landlord regarding the same have been submitted to Landlord and received Landlord’s written approval. In this regard, Tenant acknowledges that the Demised Premises are part of the overall scheme of design in the Building and Landlord shall have the final decision as to any improvements constructed therein whether by Landlord or Tenant.

 

3.6

ENVIRONMENTAL HAZARDS AND INDEMNITY. Tenant will not use or operate the Demised Premises in any manner such that the Demised Premises are not in compliance with all applicable federal, state and local environmental statutes, regulations, ordinances, and any permits, approvals or judicial or administrative orders issued thereunder; nor shall Tenant operate in the Demised Premises or use any portion of the Building or any area of the Common Area in any manner such that the Demised Premises, any area adjacent to the Demised Premises, the Building, or the Common Area, may or do become contaminated by any hazardous substance, pollutant or contaminant, or petroleum, including crude oil or any fraction thereof, giving rise to liability under any federal, state or local environmental statute or ordinance, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq ., as amended, or under any common law claim for

 

5


 

personal injury or property damage, or for injunctive relief. Whether or not Tenant or Landlord has actual knowledge of the existence of any environmental condition which becomes subject to this environmental indemnity, Tenant hereby agrees to indemnify, defend and hold harmless Landlord and its agents, affiliates, officers, directors and employees of and from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to Tenant’s contamination of the Demised Premises, any area adjacent to the Demised Premises, any portion of the Building, or any area of the Common Area by any hazardous substance, pollutant or contaminate, petroleum, or the like.

ARTICLE IV

MAINTENANCE AND REPAIRS

 

4.1

LANDLORD’S DUTY TO REPAIR. Landlord shall keep in good repair and maintain the foundation, exterior walls and roof of the Building in which the Demised Premises are located. Landlord shall repair major Building systems, such as main electrical distribution source, main sewage drain lines, and heating and ventilation equipment, if any, serving the Building. Tenant acknowledges that, provided the foregoing repairs are not required to be made by reason of negligence of the Tenant, its agents, affiliates, officers, directors and employees, such maintenance and any upkeep of the exterior of the Building and the Building’s share of any maintenance in the Common Area of the Business Center, such as painting, repairs, striping, parking lot surface maintenance, etc., if undertaken by Landlord or the Association, shall be considered Common Area maintenance and subject to the provisions of Article 2.5 above.

Tenant agrees that if any conditions exist within the Demised Premises, the Building, the Building Common Areas, or the Common Area that would create the basis of a constructive eviction of the Tenant, or a claim against Landlord for the failure to complete any required tenant finish or to make any repairs or undertake any maintenance for which Landlord is responsible under the terms of this Lease, Tenant shall give Landlord prompt notice of such condition or default in writing. Landlord shall have thirty (30) days after receipt of said written notice to correct or cure said condition or default. If such condition or default is of a nature that cannot be reasonably cured within thirty (30) days, and Landlord has begun to attempt to cure such condition or default and continues with reasonable diligence to do so thereafter, Landlord shall be given the additional time reasonably necessary to complete the cure of the condition or alleged default. Tenant shall have no claims and shall not file any action against Landlord for constructive eviction or any breach of this Lease for failure to complete any required tenant finish or to make any necessary repairs or maintain any portion of the Demised Premises, the Building, the Building Common Areas, or the Common Area unless and until Tenant has first provided written notice of such condition or default, and Landlord has failed to cure or begin to cure the condition or default within thirty (30) days after receipt of such notice.

 

4.2

TENANT’S DUTY TO REPAIR. Except as provided for in Article 4.1 of this Lease as being required of the Landlord, Tenant shall:

 

 

a.

keep and maintain in good order, condition and repair (including any such replacement and restoration as is required for that purpose) the Demised Premises and every part thereof and any and all appurtenances thereto wherever located, including but not limited to, light fixtures, light bulbs, ballasts, carpeting or other flooring, doors, door frames, door checks, door locks, and interior windows, window frames, window coverings, and walls within the Demised Premises, all electrical wiring, electrical switches and electrical outlets serving the Demised Premises, ceiling tiles and ceiling grids, and all HVAC airflow grills, louvers and covers;

 

 

b.

use chair mats in front of desks on all flooring areas to protect carpet and floor material from damage and excessive wear;

 

 

c.

keep and maintain the Demised Premises in a clean, sanitary


 
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