Back to top

LEASE AGREEMENT

Lease Agreement

LEASE AGREEMENT | Document Parties: 431 Fairway Associates, LLC | China Direct, Inc | Konover South, LLC You are currently viewing:
This Lease Agreement involves

431 Fairway Associates, LLC | China Direct, Inc | Konover South, LLC

. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here.
Title: LEASE AGREEMENT
Governing Law: Florida     Date: 3/31/2009
Industry: Retail (Catalog and Mail Order)     Law Firm: Akerman Senterfitt     Sector: Services

LEASE AGREEMENT, Parties: 431 fairway associates  llc , china direct  inc , konover south  llc
50 of the Top 250 law firms use our Products every day

 



 

 

 

 

LEASE AGREEMENT

 

 

 

 

between

 

431 Fairway Associates, LLC,

a Florida limited liability company

(Landlord)

 

 

 

and

 

 

China Direct, Inc.,

a Florida Corporation

(Tenant)

 

 

 

 

 

Dated:    August 21, 2007

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

431 Fairway Drive

Deerfield Beach, FL  33441

 

 

 

 

 


 

 

TABLE OF CONTENTS


 

Page

ARTICLE I

DESCRIPTION OF PROPERTY; TERM

1

Section 1.1

Description of Property

1

Section 1.2

Term

1

Section 1.3

Intentionally Deleted

 

 

 

 

ARTICLE II

BASE RENT

2

Section 2.1

Base Rent; Late Charge; Sales Tax

2

Section 2.2

Base Rental Adjustment

3

Section 2.3

Payment Without Notice or Demand

3

Section 2.4

Place of Payment

3

 

 

 

ARTICLE III

OPERATING EXPENSES

3

Section 3.1

Operating Expenses

3

Section 3.2

Interim Operating Expenses

5

 

 

 

ARTICLE IV

SECURITY/DAMAGE DEPOSIT

6

Section 4.1

Security/Damage Deposit

6

 

 

 

ARTICLE V

USE OF PREMISES

6

Section 5.1

Use of Premises

6

 

 

 

ARTICLE VI

PARKING

7

Section 6.1

Parking

7

 

 

 

ARTICLE VII

LEASEHOLD IMPROVEMENTS

7

Section 7.1

Leasehold Improvements

7

Section 7.2

Acceptance of Premises

7

 

 

 

ARTICLE VIII

LANDLORD AND TENANT OBLIGATIONS

7

Section 8.1

Tenant’s Obligations

7

Section 8.2

Landlord’s Obligations

8

Section 8.3

Floor Loads; Noise and Vibration

8

Section 8.4

Services

8

Section 8.5

Utilities

8

Section 8.6

Telecommunications

9

Section 8.7

Generator

10

 

 

 

ARTICLE IX

LANDLORD’S AND TENANT’S PROPERTY

10

Section 9.1

End of Term

10

Section 9.2

Landlord’s Lien and Security Interest

11

 

 

 

ARTICLE X

INSURANCE

11

Section 10.1

Tenant’s Insurance

11

Section 10.3

Casualty Damage

12

 

 

 

ARTICLE XI

ALTERATIONS AND MECHANIC’S LIENS

12

Section 11.1

Alterations by Tenant

12

Section 11.2

Liens

13

 

 

 

ARTICLE XII

ASSIGNMENT OR SUBLETTING

13

Section 12.1

Tenant’s Transfer

13

Section 12.2

Landlord’s Right of Recapture

14

Section 12.3

Minimum Rental Requirement

14

Section 12.4

Landlord's Transfer

14

 

 

 

ARTICLE XIII

OBLIGATION TO COMPLY

14

Section 13.1

Compliance with Laws

14

Section 13.2

Rules and Regulations

14

Section 13.3

Attorneys’ Fees

14

 

 

 

ARTICLE XIV

RIGHT OF LANDLORD TO PERFORM TENANT’S COVENANTS

15

Section 14.1

Payment or Performance

15

Section 14.2

Reimbursement

15

 

 

 

ARTICLE XV

NON-LIABILITY AND INDEMNIFICATION

15

Section 15.1

Non-Liability of Landlord

15

Section 15.2

Indemnification

15

Section 15.3

Impossibility of Performance

15

 

 

 

ARTICLE XVI

DEFAULT

16

Section 16.1

Events of Default

16

Section 16.2

Grace Periods

16

Section 16.3

Remedies

17

Section 16.4

Presumption of Abandonment

17

Section 16.5

Multiple Defaults

17

Section 16.6

Right of Redemption

17

 

 

 

ARTICLE XVII

NOTICE OF SURRENDER/HOLDOVER

17

Section 17.1

Notice of Surrender/Holdover

17

 

 

 

ARTICLE XVIII

EMINENT DOMAIN

18

Section 18.1

Condemnation

18

 

 

 

ARTICLE XIX

QUIET ENJOYMENT

18

Section 19.1

Quiet Enjoyment

18

 

 

 

ARTICLE XX

SUBORDINATION

18

Section 20.1

Subordination

18

 

 

 

ARTICLE XXI

LANDLORD’S RIGHT OF ACCESS

19

Section 21.1

Access for Maintenance and Repair

19

Section 21.2

Access for Inspection and Showing

19

Section 21.3

Landlord’s Alterations and Improvements

19

 

 

 

ARTICLE XXII

SIGNS AND OBSTRUCTION

19

Section 22.1

Signs

19

Section 22.2

Obstruction

19

 

 

 

ARTICLE XXIII

NOTICES

19

Section 23.1

Notices

19

 

 

 

ARTICLE XXIV

MISCELLANEOUS

20

Section 24.1

INTENTIONALLY DELETED

 

Section 24.2

Environmental Indemnity

20

Section 24.3

Radon Gas

21

Section 24.4

Broker Commission

21

Section 24.5

Estoppel Certificates

21

Section 24.6

No Recordation

21

Section 24.7

Time and Governing Law

21

Section 24.8

No Partnership or Joint Venture

21

Section 24.9

Approval by Superior Mortgagee

22

Section 24.10

Financial Statements

22

Section 24.11

Capacity to Execute Lease

22

Section 24.12

Landlord's Liability

22

Section 24.13

Waiver of Trial by Jury

22

Section 24.14

Anti-Terrorism Representation

22

Section 24.15

NonDisclosure of Lease Terms

23

Section 24.16

No Waiver

23

Section 24.17

Light and Air/Adjacent Excavation and Shoring

23

Section 24.18

Name and Image of Building

23

Section 24.19

Entire Agreement; Modifications

23

 

 

 

 

 


 

 

SUMMARY OF LEASE

 

THIS DOCUMENT IS MERELY A SUMMARY AND ANY PROVISIONS OF THE LEASE AND OTHER AGREEMENTS BETWEEN LANDLORD AND TENANT SHALL PREVAIL OVER CONFLICTING PROVISIONS CONTAINED HEREIN.

 

(A)

LANDLORD’S MAILING ADDRESS

c/o Konover South, LLC

431 Fairway Drive, Suite 300

Deerfield Beach, FL  33441

Attn: Beatrice T. Williams,

Director, Contract & Lease Administration

With Simultaneous Copy to:

Gregory V. Combs, President

(Same Address)

 

 

TENANT’S NAME:

China Direct, Inc.

 

MAILING ADDRESS

(Prior to the Rent Commencement Date)

The Courtyards

5301 N. Federal Highway, Suite 120

Boca Raton, FL  33487

(C)

DEMISED PREMISES:

5,235 rentable square feet

Suite 200

431 Fairway Drive

Deerfield Beach, FL  33441

 

(D)

TERM:

Approximately Five (5) years

commencing on the Rent Commencement

Date and expiring on the Expiration Date

 

(E)

RENT COMMENCEMENT DATE:

Upon Substantial Completion of Tenant

Improvements, as defined in Section 1.2 and

the Work Letter Agreement attached hereto

as Exhibit “E”

 

 

EXPIRATION DATE:

the last day of the Sixtieth (60 th ) full

calendar month following the Rent

Commencement Date

 

(F)

FIRST YEAR BASE RENT:

$22.00 per rentable square foot

(G)

INTERIM OPERATING EXPENSES

$10.00 per rentable square foot

(H)

TENANT IMPROVEMENT ALLOWANCE:

Not to exceed $340,275.00 ($65.00 per rentable square foot of the Premises)

 

(I)

SECURITY/DAMAGE DEPOSIT:

$27,920.00

(J)

PERMITTED USE:

General Office

(K)

PROPORTIONATE SHARE:

18.35%

(L)

GUARANTOR:

N/A

(K)

EXHIBITS

The following exhibits attached to this Lease are hereby incorporated herein and made a part hereof.

 

EXHIBIT “A”

Premises

 

EXHIBIT “B”

Site Plan

 

EXHIBIT “C”

Legal Description

 

EXHIBIT “D”

Rules & Regulations

 

EXHIBIT “E”

Work Letter Agreement

 

Please make all checks payable to :

 

431Fairway Associates, LLC

c/o Konover South, LLC

431 Fairway Drive, Suite 300

Deerfield Beach, FL 33441

 

INCLUDE 431 FAIRWAY ASSOCIATES, LLC AS AN ADDITIONAL INSURED ON ALL INSURANCE POLICIES.

 

 

 


 

 

LEASE AGREEMENT

 

THIS LEASE AGREEMENT (hereinafter referred to as the “Lease”) is made and entered into as of the 21 day of August, 2007 (the "Effective Date"), by and between 431 FAIRWAY ASSOCIATES, LLC, a Florida limited liability company (hereinafter referred to as “Landlord”) and China Direct Investments, Inc., a Florida Corporation (hereinafter referred to as “Tenant”).

 

W I T N E S S E T H:

 

THAT LANDLORD , in consideration of the rents and agreements hereafter promised and agreed by Tenant to be paid and performed, does hereby lease to Tenant, and Tenant does hereby lease from Landlord, the Premises described herein, subject to the following terms.

 

ARTICLE I  DESCRIPTION OF PROPERTY; TERM

 

Section 1.1                             Description of Property.   Landlord hereby leases to Tenant and Tenant hereby leases from Landlord approximately 5,235 rentable square feet of office space measured in accordance with the Standard Method for Measuring Floor Area in Office Buildings, ANSI Z65.1-1996, as promulgated by the Building Owners and Managers Association (BOMA) International (which rentable square footage and all other amounts specified in this Lease which are a function of rentable square footage, shall be subject to adjustment based upon Landlord’s final “as built” measurement of the Premises and the building in which the Premises are located) on the Second (2nd) floor, and known as Suite 200 (hereinafter referred to as the “Premises”) approximately as shown on Exhibit “A” attached hereto, in the office building which is located at 431 Fairway Drive, Deerfield Beach, FL  33441 together with a first floor parking garage located therein (hereinafter collectively referred to as the “Building”) as depicted on the site plan attached hereto as Exhibit “B”.   The Building and the parcel of land on which it is located as legally described in Exhibit “C” and all improvements located on such land is collectively referred to herein as the “Property”.  The “Common Areas” of the Property include such areas and facilities as delivery facilities, walkways, landscaped and planted areas, and parking facilities and are those areas designated by Landlord for the general use in common of occupants of the Property, including Tenant.  The Common Areas shall at all times be subject to the exclusive control and management of Landlord.  Landlord may grant third parties specific rights concerning portions of the Common Areas.  Landlord may increase, reduce, improve, or otherwise alter the Common Areas, otherwise make improvements, alterations, or additions to the Property, and change the name or number by which the Building or Property is known.  Landlord may also temporarily close the Common Areas to make repairs.  In addition, Landlord may temporarily close the Property and preclude access to the Premises in the event of casualty, governmental requirements, acts of terrorism, the threat of an emergency such as a hurricane or other act of God, or if Landlord otherwise reasonably deems it necessary in order to prevent damage or injury to person or property.  This Lease does not create, nor will Tenant have any express or implied easement for, or other rights to, air, light, or view over, from, or about the Property.

 

Section 1.2                             Term .  Tenant shall have and hold the Premises for a term of approximately Five (5) years (hereinafter referred to as the “Term” or “Lease Term”), commencing on the Rent Commencement Date which, for purposes of this Lease shall mean the date of Substantial Completion of Tenant Improvements as defined in the Work Letter Agreement attached hereto as Exhibit "E" and expiring on the last day of the sixtieth (60 th ) full calendar month thereafter (the “Expiration Date”). Tenant agrees that when the Rent Commencement Date and Expiration Date are determined, it will execute a commencement agreement setting forth such dates in the form attached hereto as Exhibit F certifying said dates.  Tenant’s failure to execute the commencement agreement shall not affect the rights and/or obligations of Tenant hereunder or the establishment of such dates.  Notwithstanding the fact that the Rent Commencement Date of the Lease Term commences after the date of the execution of this Lease, all of the representations, warranties, covenants, indemnities and obligations of Landlord and Tenant shall, except as expressly otherwise set forth in this Lease or unless the context clearly requires otherwise, be effective and binding on Landlord and Tenant (and enforceable by either) as, of, from and after the Effective Date of this Lease.  For all purposes of this Lease, the term “Lease Year” shall have the following meaning: a Lease Year shall be that twelve (12) consecutive month period commencing on the Rent

 

 

 

 

- 1 -


 

 

Section 1.3                            Commencement Date and the annual anniversary thereof.  In the event the Rent Commencement Date shall be a day other than the first day of a calendar month, then the first Lease Year shall commence on the Rent Commencement Date and continue through and include the last day of the twelfth (12 th ) month in which the Rent Commencement Date occurred in the next calendar year and each Lease Year thereafter shall mean the first day of the first month following the end of the previous Lease Year continuing through and including the last day of the twelfth (12 th ) month thereafter (e.g. – should the Rent Commencement Date be September 6, the first Lease Year shall be September 6 through and including September 30 of the following year; each Lease Year thereafter shall be October 1 though and including September 30 of the following year).  For all purposes of this Lease, the term “calendar year” shall be the twelve (12) month periods from January 1 through December 31.  However, the first calendar year shall run from the Rent Commencement Date through the 31 st day of December immediately following.

 

Section 1.4                                Option to Extend.

a            Option .  Landlord hereby grants Tenant the option to extend (“Extension Option”) the term of this Lease for one (1) additional term of five (5) years (the “Extension Term”), commencing as of the date immediately following the Expiration Date of the initial Lease Term, subject to the covenants and conditions of this Section 1.3.

 

b.        Notice and Exercise of Option .  Tenant shall give Landlord written notice (the “Extension Notice”) of Tenant’s election to exercise its Extension Option not later than one hundred and eighty (180) days prior to the expiration of the Lease Term; provided that Tenant’s failure to give the Extension Notice by said date, whether due to Tenant’s oversight or failure to cure any existing defaults after notice and applicable grace periods, if any, or otherwise, shall render this Extension Option null and void.

 

c.            “AS-IS” Condition .  Tenant shall be deemed to have accepted the Premises in “AS-IS” condition as of the commencement of the Extension Term, subject to any other repair and maintenance obligations of Landlord under this Lease, it being understood and agreed that Landlord shall have no additional obligation to renovate or remodel the Premises or any portion of the Building as a result of Tenant’s extension of this Lease.

 

d.            Covenants .  The covenants and conditions of this Lease in force during the Lease Term, as the same may be modified from time to time, shall continue to be in effect during the Extension Term, except as follows:

 

(1)           The “Rent Commencement Date” for the purposes of this Lease shall be the first day of the Extension Term.

           (2)              During each Lease Year of the Extension Term (including the first Lease Year thereof) the Base Rent shall increase by four percent (4%) over the Base Rent payable in the immediately preceding Lease Year.  Operating Expenses and any other Additional Rent shall continue to be paid on a monthly basis in the same manner as was applicable during the initial Lease Term.

           (4)           Following the expiration of the Extension Term as provided herein, Tenant shall have no further right to renew or extend this Lease.

           (5)           Tenant's option to renew this Lease shall not be transferable by Tenant and shall not inure to the benefit of any subtenant or assignee of Tenant without the express prior consent of Landlord, in its sole and absolute discretion.

 

ARTICLE II                                BASE RENT

Section 2.1                             Base Rent; Late Charge; Sales Tax .  Commencing on the Rent Commencement Date (defined above) Tenant agrees to pay Landlord base rent for the first year of the Lease Term in the amount of Twenty Dollars ($22.00) times the rentable square footage of the Premises as set forth in Section 1.1 above (the "Base Rent"), payable in twelve (12) equal monthly installments due on or before the first day of each and every month during the first year of the Lease Term, plus the prorated amount of Base Rent for any partial month if the Rent Commencement Date is other than the first day of the month.  In addition, Tenant shall, during the entire Lease Term, and any renewal terms, be responsible for the payment of Operating Expenses (hereafter defined) as provided in Article III below (the Base Rent and Operating Expenses shall be considered Rent as that term is used in Florida Statute Chapter 83 and shall sometimes be collectively referred to as the "Rent").  Unless otherwise expressly provided, all monetary obligations of Tenant to Landlord under this Lease, of any type or nature, other than Base Rent, shall be designated as Additional Rent.  In the event the Rent

 

 

 

- 2 -


 

 

Commencement Date is a day other than the first day of the month, the first payment of Rent shall be prorated accordingly and shall be due and payable on the Rent Commencement Date.  In the event any monthly Rent payment is not paid within five (5) days after it is due, Tenant agrees to pay a late charge of five (5%) percent of the amount of the payment due.  Tenant further agrees that the late charge imposed is fair and reasonable, complies with all laws, regulations and statutes, and constitutes an agreement between Landlord and Tenant as to the estimated compensation for costs and administrative expenses incurred by Landlord due to the late payment of Rent by Tenant.  Tenant further agrees that the late charge assessed pursuant to this Lease is not interest, and the late charge assessed does not constitute a lender or borrower/creditor relationship between Landlord and Tenant, and may be treated by Landlord as Additional Rent owed by Tenant.  The late charge is not intended to cover Landlord's attorneys' fees and costs relating to delinquent Rent.  Acceptance of any late charge shall not constitute a waiver of Tenant's default with respect to such late payment by nor prevent Landlord from exercising any other rights or remedies available to Landlord under this Lease.  Tenant shall, together with each payment of Rent, pay to Landlord all sales, use or other taxes pertaining to the Rent which shall be remitted by Landlord to the Florida Department of Revenue or other appropriate taxing authority.  No security or guaranty which may now or hereafter be furnished to Landlord for the payment of Rent due hereunder or for the performance by Tenant of the other terms of this Lease shall in any way be a bar or defense to any of Landlord’s remedies under this Lease or at law.  Tenant’s covenant to pay Rent and all other amounts due under this Lease (including, without limitation, Base Rent and Additional Rent) is independent of all other covenants contained in this Lease.

 

Section 2.2                             Base Rental Adjustment .  Commencing on the first anniversary of the Rent Commencement Date (defined above) (provided such anniversary date falls on the first day of the month, otherwise on the first day of the following month) and each and every anniversary thereafter, the Base Rent shall increase by four percent (4%) percent over the previous year’s Base Rent, including the Extension Term, if exercised.

 

Section 2.3                             Payment Without Notice or Demand .  The Rent called for in this Lease shall be paid to Landlord without notice or demand, and without counterclaim, offset, deduction, abatement, suspension, deferment, diminution or reduction.  Tenant hereby waives all rights now or hereafter conferred by statute or otherwise to quit, terminate or surrender this Lease or the Premises or any party thereof, or to any offset, deduction, abatement, suspensions, deferment, diminution or reduction of the Rent on account of any such circumstances or concurrence.

 

Section 2.4                             Place of Payment .  All payments of Rent shall be made and paid by Tenant to 431 Fairway Associates, LLC c/o Konover South, LLC, 431 Fairway Drive, Suite 300, Deerfield Beach, Florida  33441 or at such other place as Landlord may, from time to time, designate in writing to Tenant.  All Rent shall be payable in current legal tender of the United States, as the same is then by law constituted.  Any extension, indulgence, or waiver granted or permitted by Landlord in the time, manner or mode of payment of Rent, upon any one (1) or more occasions, shall not be construed as a continuing extension, indulgence or waiver, and shall not preclude Landlord from demanding strict compliance herewith.

 

ARTICLE III   OPERATING EXPENSES

 

Section 3.1                             Operating Expenses .  In addition to the Base Rent, Tenant shall pay as Additional Rent its proportionate share (hereinafter referred to as “Tenant’s Proportionate Share”) of the Operating Expenses (as herein defined) of the Building and the Property.  “Tenant’s Proportionate Share” shall, at any given time, be defined as that fraction having as a numerator the total rentable square footage leased hereunder at said time, and having as a denominator the total rentable square footage of the Building.  Operating Expenses shall be paid to Landlord in accordance with the following provisions:

 

Operating Expenses shall be paid to Landlord in accordance with the following provisions:

 

 

 

- 3 -


 

 

A.           Landlord shall furnish to Tenant within thirty (30) days prior to the beginning of each calendar year, including the first calendar year following the year in which the Rent Commencement Date occurs, a budget setting forth Landlord’s estimate of Operating Expenses for the upcoming year.  Tenant shall pay to Landlord, on the first  day  of each month an amount equal to one-twelfth (1/12 th ) of Landlord’s estimate of the Operating Expenses for that calendar year.  If there shall be any increase or decrease in the Operating Expenses for any year, whether during or after such year, Landlord shall furnish to Tenant a revised budget and the Operating Expenses shall be adjusted and paid or credited, as the case may be.  If a calendar year ends after the expiration or termination of this Lease, the Operating Expenses payable hereunder shall be prorated to correspond to that portion of the calendar year occurring within the Term of this Lease.

 

If during any year the entire Building is not occupied or Landlord is not furnishing utilities or services to all of the premises in the Building, then the variable Operating Expenses for such year shall be “grossed up” (using reasonable projections and assumptions) to the amounts that would apply if the entire Building were completely occupied and all of the premises in the Building were provided with the applicable utilities or services.  Variable Operating Expenses are Operating Expenses that are variable with the level of occupancy of the Building (such as janitorial services, utilities, refuse and waste disposal, and management fees).  Instead of including in Operating Expenses certain costs, Landlord may bill Tenant, and Tenant shall pay for those costs, in any one or a combination of the following manners:  (a) direct charges for services provided for the exclusive benefit of the Premises that are subject to quantification; (b) based on a formula that takes into account the relative intensity or quantity of use of utilities or services by Tenant and all other recipients of the utilities or services, as reasonably determined by Landlord; or (c) pro rata based on the ratio that the rentable square footage of the Premises bears to the total rentable area of the Building that are benefited by such costs.

 

 

Within 120 days after the end of each calendar year, Landlord shall furnish to Tenant an operating statement showing the actual Operating Expenses incurred for the preceding calendar year.  Tenant shall either receive a refund or be assessed an additional sum based upon the difference between Tenant’s Proportionate Share of the actual Operating Expenses and the Operating Expense payments made by Tenant during said year.  Any additional sum owed by Tenant to Landlord shall be paid within ten (10) days of receipt of assessment.  Any refund owed by Landlord to Tenant shall be credited toward Tenant’s next month’s rental payment.  If Tenant disputes the statement then, pending resolution of the dispute, Tenant shall pay the Operating Expenses in question to Landlord in the amount provided in the disputed statement. Each Operating Statement given by Landlord shall be conclusive and binding upon Tenant unless, within thirty (30) days of Tenant’s receipt thereof, Tenant shall notify Landlord that it disputes the accuracy of said Operating Statement, in which event Tenant shall have the right, within ninety (90) days of its receipt of such statement, at Tenant’s sole cost and expense, to audit Landlord’s records pertaining to Operating Expenses. Such audit shall be performed by an independent firm of certified public accountants that is not being compensated by Tenant on a contingency fee basis ; , and shall be performed during regular business hours at the office where Landlord maintains its books and records.  Any over-billing discovered in the course of such audit shall be credited to Tenant’s next ensuing payment of Operating Costs following Landlord’s receipt of a copy of the audit, or if the Lease has expired, will be paid to Tenant within thirty (30) days following Landlord's receipt of a copy of the audit.  If the audit discloses an undercharge to Tenant, Tenant shall pay to Landlord the amount of such undercharge within thirty (30) days of completion of the audit.  Tenant shall not be entitled to perform any such audit more than one (1) time per year during the Term hereof, or during any period within which Tenant is in default under the Lease.

 

 

B.

The term “Operating Expenses” shall mean the total of all of the costs incurred by Landlord relating to the ownership, operation, management and maintenance of the Building and Property and the services provided tenants of the Building.  By way of explanation and clarification, but not by way of limitation, Operating Expenses will include the costs and expenses incurred for the following:

 

 

 

- 4 -


 

 

 

1.

Real Estate Taxes.  The term “Real Estate Taxes” shall mean all ad valorem and non-ad valorem taxes, assessments, and other charges by any governmental authority, including real and personal property taxes, transit and other special district taxes, franchise taxes, and solid waste assessments that are imposed on the Building or Property.  If a tax shall be levied against Landlord in substitution in whole or in part for the Real Estate Taxes or otherwise as a result of the ownership of the Building or Property, then the other tax shall be deemed to be included within the definition of “Real Estate Taxes”.  “Real Estate Taxes” shall also include all costs incurred by Landlord in contesting the amount of the assessment of the Building or Property made for Real Estate Tax purposes, including attorneys’, consultants’, and appraisers’ fees;

 

 

2.

pest control;

 

3.

trash and garbage removal (including dumpster rental) and recycling;

 

 

4.

porter and matron service (if applicable);

 

5.

security;

 

 

6.

Common Areas decorations;

 

7.

repairs, maintenance, and alteration of the systems of the Building and/or Property, Common Areas, and other portions of the Building or Property to be maintained by Landlord;

 

 

8.

amounts paid under easements or other recorded agreements affecting the Building or the Property, including assessments paid to property owners’ associations;

 

9.

repairs, maintenance, replacements, and improvements that are appropriate for the continued operation of the Building as a first class building;

 

 

10.

improvements required by law;

 

11.

improvements in security systems;

 

 

12.

materials, tools, supplies, and equipment to enable Landlord to supply services that Landlord would otherwise have obtained from a third party;

 

13.

expenditures designed to result in savings or reductions in Operating Expenses;

 

 

14.

landscaping, including fertilization and irrigation supply and maintenance;

 

15.

parking garage and surface parking area maintenance and supply;

 

 

16.

property management fees;

 

17.

an onsite management office (or the pro rata share only of an off-site management office based on Landlord’s estimate of the percentage allocated to the Property);

 

 

18.

all utilities serving the Premises, the Building and Property and not separately billed to or reimbursed by any tenant of the Building including those in connection with the Generator described in Section 8.6 below;

 

19.

cleaning, window washing, and janitorial services;

 

 

20.

all insurance customarily carried by owners of comparable buildings in the suburban Deerfield Beach area or required by any mortgagee of the Building or Property;

 

21.

supplies;

 

 

22.

service and maintenance contracts for the Building or Property;

 

23.

wages, salaries, and other benefits and costs of employees of the Landlord up to and including the building manager (including a pro rata share only of the wages and benefits of employees who are employed at more than one building; which pro rata share shall be determined by Landlord and shall be based on Landlord’s estimate of the percentage of time spent by the employees at the Property);

 

 

24.

legal, accounting, and administrative costs; and

 

25.

uniforms and working clothes for employees and the cleaning of them;

 

 

26.

maintenance, repair and replacement of the HVAC systems; and

 

27.

maintenance and repair of the Generator and fuel consumption in connection therewith.

 

Interim Operating Expenses .  During the period from the Rent Commencement Date through December 31, 2007 Tenant shall pay as Interim Operating Expenses Ten ($10.00) Dollars per square foot per year, payable monthly, which is merely an estimate of the actual Operating Expenses for such period.  Not

 

 

 

- 5 -


 

 

later than 120 days after the end of the calendar year, Landlord shall compute the actual Operating Expenses incurred during such period.  Tenant shall either receive a refund or be assessed an additional sum based upon the difference between Tenant’s Proportionate Share of the actual Operating Expenses and the payments of Interim Operating Expenses made by Tenant during such period.  Any additional sum owed by Tenant to Landlord shall be paid within ten (10) days of receipt of assessment.  Any additional sum owed by Landlord to Tenant shall be credited toward Tenant’s next month’s Rent payment.

 

       Section 3.3 Operating Expense Cap. Tenant’s Proportionate Share of Operating Expenses consisting of “Controllable Operating Expenses” (as hereinafter defined) shall not increase from one (1) calendar year to the next by more than ten percent (10%) per calendar year during the initial Term of this Lease on a cumulative basis utilizing the estimated Operating Expenses for 2008 as the base year amount. “Controllable Operating Expenses” shall mean all Operating Expenses, except for insurance premiums, all taxes which are Operating Expenses under this Lease including, without limitation, real estate taxes, personal property taxes and other governmental assessments and impositions, any windstorm restoration costs not covered by insurance, and costs of fuel consumption in connection with the use of the Generator. In no event shall there be any annual limit on increases to Tenant’s Proportionate Share of Operating Expenses which are not Controllable Operating Expenses.  In the event Tenant extends the Term of this Lease beyond the initial term hereof, the base amount for purposes of calculating Tenant's Proportionate Share of Operating Expenses shall be the actual operating expenses for the first year of the extended Term, subject to the ten (10%) percent cumulative cap on Controllable Operating Expenses through the remainder of the extended Term.  Additionally, any expenses deferred because of construction warranties (i.e. HVAC service contracts, elevator service contracts, fire/security service contracts, etc.) will be added back to the Operating Expenses prior to determining whether or not the controllable Operating Expense cap has been exceeded.

 

 

ARTICLE IV SECURITY/DAMAGE DEPOSIT

 

Section 4.1                             Security/Damage Deposit . Simultaneously with the execution of this Lease, Tenant shall pay the sum of Twenty-Seven Thousand Nine Hundred Twenty Dollars ($27,920.00) Dollars (the “Security Deposit”) to be held by Landlord as security for Tenant’s full and faithful performance of this Lease including the payment of Rent.  It is expressly understood that such deposit shall not be considered an advance payment of Rent or a measure of Landlord’s damages in the event of default by Tenant.  Landlord shall have the right to apply all or any part of the security deposit against any damage, injury, expense or liability caused Landlord by Tenant or by Tenant's default hereunder, including, but not limited to:  (a) unreasonable wear and tear of the Premises; (b) loss or damage to the Premises or other property of the Landlord caused by Tenant, Tenant’s officers, employees, agents invitee, or licensees; (c) the cost of restoring the Premises, except for reasonable wear and tear, to the same condition it was in at the time Tenant began occupancy thereof; (d) Rent payments which remain due and owing beyond any applicable grace period.  Landlord shall not be limited in pursuing Landlord’s remedies against Tenant for costs, losses or damages to the Premises or to any other property of Landlord for any such costs, losses or damages which are in excess of the above described security deposit.  Such money shall bear no interest and may be commingled with other security deposits or funds of Landlord.  Tenant grants Landlord a security interest in the Security Deposit.  Landlord may apply the Security Deposit to the extent required to cure any default by Tenant or repair any damage to the Premises.  If Landlord so applies the Security Deposit, Tenant shall deliver to Landlord the amount necessary to replenish the Security Deposit to its original sum within five days after notice from Landlord.  The Security Deposit shall not be deemed an advance payment of Rent or a measure of damages for any default by Tenant, nor shall it be a defense to any action that Landlord may bring against Tenant.

 

ARTICLE V USE OF PREMISES

 

Section 5.1                             Use of Premises .  Tenant shall continuously use and occupy the Premises only for general office use.  Tenant shall not use or permit or suffer the use of the Premises for any other business or purpose.   Tenant shall not do or permit any act which would constitute a public or private nuisance or

 

 

 

- 6 -


 

 

waste or which would be a nuisance or annoyance or cause damage to Landlord or Landlord’s other tenants or which would invalidate any policies of insurance or increase the premiums thereof, now or hereafter written on the Building and/or Premises. Tenant shall conform to the Rules and Regulations of Landlord.  “Rules and Regulations” shall mean the rules and regulations for the Building promulgated by Landlord from time to time.  The Rules and Regulations which apply as of the Effective Date of this Lease are attached as Exhibit “D”.

 

ARTICLE VI   PARKING

 

Section 6.1                             Parking .  Throughout the Lease Term, there shall be available six (6) parking spaces "reserved" for the exclusive use of Tenant in the ground floor parking area within the Building and fifteen (15) spaces in the surface parking area located adjacent to the Building, for the non-exclusive use of Tenant on a first-come, first-served basis.  Landlord has and reserves the right to alter the methods used to control parking and the right to establish such controls and rules and regulations (such as parking stickers to be affixed to vehicles) regarding parking that Landlord deems desirable.  Tenant’s employees, agents, contractors, and invitees shall abide by all posted roadway signs in and about the parking facilities.  Landlord shall have the right to tow or otherwise remove vehicles of Tenant and its employees, agents, contractors, or invitees that are improperly parked, blocking ingress or egress lanes, or violating parking rules, at the expense of Tenant or the owner of the vehicle, or both, and without liability to Landlord.  On request by Landlord, Tenant shall furnish Landlord with the license numbers and descriptions of any vehicles of Tenant, its principals, employees, agents, and contractors.  Parking spaces may be used for the parking of passenger vehicles only and shall not be used for parking commercial vehicles or trucks (except sports utility vehicles, mini-vans, and pick-up trucks utilized as personal transportation), boats, personal watercraft, or trailers.  No parking space may be used for the storage of equipment or other personal property.  Overnight parking in the parking garage or other parking areas is prohibited.  Landlord, in Landlord’s sole and absolute discretion, may establish from time to time a parking decal or pass card system, security check-in, or other reasonable mechanism to restrict parking in the parking garage or other parking areas, in which event Tenant shall purchase such access cards, or parking decals from Landlord at a Building standard charge.  Landlord shall have no obligation to police or enforce the use of any reserved parking spaces by unauthorized individuals.  Landlord shall not have any liability on account of any loss or damage to any vehicle or the contents thereof, Tenant hereby agreeing to bear the risk of loss for same.

 

ARTICLE VII   LEASEHOLD IMPROVEMENTS

 

Section 7.1                             Leasehold Improvements .  Landlord shall provide an allowance (the “Allowance”) in an amount of up to $340,275.00 ($65.00 per rentable square foot of the Premises) for the design, permitting and construction of improvements to the Premises ("Tenant’s Improvements") in accordance with the Work Letter Agreement attached hereto as Exhibit “E".  The cost of all space planning and architectural and mechanical drawings for the Tenant’s Improvements, as well as project management fees (if charged by the general contractor within the construction contract) shall be deducted from the Allowance.  The Tenant’s Improvements shall be performed by Landlord's contractor during regular business hours.  Tenant shall use reasonable efforts to assist Landlord in coordinating the design and construction process, obtaining any approvals required from Landlord and any governmental agencies, and in scheduling deliveries. Any portion of the Allowance not used to pay the costs of the Tenant’s Improvements in accordance with this Section 7.1 and the Work Letter Agreement shall be retained by Landlord and no credit for any unused portion thereof shall be given to Tenant.  Any cost for such work in excess of the Allowance shall be paid by Tenant within ten (10) days of receipt of an invoice therefor from Landlord along with appropriate supporting documentation.

 

Section 7.2                             Acceptance of Premises.   Landlord shall complete Landlord's Work in a good and workmanlike manner and in accordance with all applicable governmental regulations including those imposed by the ADA.  Neither Landlord nor any assignee of Landlord shall be liable for any latent defect therein; provided, however, Landlord shall be responsible for correcting any

 

 

 

- 7 -


 

 

latent defect discovered within the Building or Landlord's Work within the Premises.  The taking of possession of the Premises by Tenant shall be conclusive evidence that the Premises were in good and satisfactory condition at the time such possession was taken, subject to Landlord’s performance of the Tenant Improvements in accordance with the Work Letter Agreement and the terms and conditions of this Lease.

 

ARTICLE VIII   LANDLORD AND TENANT OBLIGATIONS

 

Section 8.1                             Tenant’s Obligations .  Tenant shall, at its sole cost, repair and maintain the Premises (including the walls, ceilings and floor therein), all to a standard consistent with a Class "A" office building, with the exception only of those repairs which are the obligation of Landlord pursuant to this Lease.  Without limiting the generality of the foregoing, Tenant is specifically required to maintain and make repairs to (i) the portion of any pipes, lines, ducts, wires, or conduits contained within the Premises; (ii) windows, plate glass, doors, and any fixtures or appurtenances composed of glass (excluding exterior washing of windows and plate glass); (iii) Tenant's sign; and (iv) any specialized electrical, plumbing, mechanical, fire protection, life safety and HVAC systems serving the Premises requested by Tenant exclusively for its use.  All repair and maintenance performed by Tenant in the Premises or elsewhere in or upon the Building shall be performed by contractors or workmen designated or approved by Landlord.  Tenant shall be responsible for all repairs, the need for which arises out of:  (a) the performance or existence of Tenant’s Work or alterations; (b) the installation, use or operation of Tenant’s property in the Premises; (c) the moving of Tenant’s property in or out of the Building; (d) the act, omission, misuse or neglect of Tenant or any of its officers, employees, agents, contractors or invitees.  All such repairs and maintenance shall be performed at such times and in such a manner as shall cause the least interference with the operation of the Building and the use of the Building by other occupants.  By taking possession of the Premises, Tenant agrees that the Premises are in good condition and repair.  Tenant, its agents, employees, or contractors shall not enter onto the roof of the Building without the express prior consent of Landlord or its Building Manager.  Landlord specifically reserves the right to require Landlord’s roofing contractor to perform any work required to be performed by Tenant with respect to any equipment on the roof of the Building

 

Section 8.2                             Landlord’s Obligations .  Landlord shall repair and maintain in good order and condition, ordinary wear and tear excepted, the Common Areas, mechanical and equipment rooms, the roof of the Building, the exterior walls of the Building, the exterior windows of the Building, the structural portions of the Building, the elevators, the electrical, plumbing, mechanical, fire protection, and life safety, systems serving the Common Areas of the Building, and the HVAC system serving the Premises and the Common Areas of the Building.  However, unless the Waiver of Subrogation section of this Lease applies, Tenant shall pay the cost of any such repairs or maintenance resulting from acts or omissions of Tenant, its employees, agents, or contractors.  Additionally, Landlord shall replace the Building standard fluorescent light tubes in the Premises.  Tenant waives all claims against Landlord for damage to person or property arising for any reason in connection with Landlord’s performance of repair and maintenance obligations set forth herein, other than the gross negligence or willful acts of Landlord.

 

Section 8.3                             Floor Loads; Noise and Vibration .  Tenant shall not place a load upon any floor of the Premises which exceeds the lesser of the load per square foot which such floor was designed to carry or the load which is allowed by law.  Business machines and mechanical equipment belonging to Tenant which cause noise, electrical interference or vibration that may be transmitted to the structure of the Building or to the Premises to such a degree as to be objectionable to Landlord shall, at Tenant’s expense, be placed and maintained by Tenant in settings of cork, rubber, or spring-type vibration eliminators sufficient to eliminate such noise, electrical interference or vibration.

 

Section 8.4                             Services .  Landlord shall furnish the following services:  (a) janitorial and general cleaning service on business days (Tenant shall pay to Landlord on demand, the additional cost incurred by Landlord for extra cleaning work in the Premises required because of (i) misuse or neglect on the part of Tenant

 

 

 

- 8 -


 

 

or subtenants or its employees or visitors; (ii) the use of portions of the Premises for purposes requiring greater or more difficult cleaning than is provided as Building standard; (iii) interior glass partitions or unusual quantity of interior glass surfaces, and (iv) non-Building standard materials or finishes installed by Tenant or at its request); (b) passenger elevator service to all floors of the Building; and (c) rest room facilities and necessary lavatory supplies, including cold running water on each multi-tenant floor.   Landlord shall have the right to select the Building’s electric service provider and to switch providers at any time.   In no event shall Landlord be liable for damages resulting from the failure to furnish any service, and any interruption or failure shall in no manner entitle Tenant to any remedies including abatement of Rent.

 

Section 8.5                             Utilities.                       Tenant’s use of electrical energy in the Premises shall not, at any time, exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Premises.  In order to ensure that such capacity is not exceeded and to avert possible adverse effects upon the Building's electric service, Tenant shall not, without Landlord's prior written consent in each instance connect major equipment to the Building’s electric distribution system or telephone system, or make any alteration or addition to the electric system existing on the Commencement Date.  Tenant’s electrical usage under this Lease contemplates only the use of normal and customary office equipment.  In the event Tenant wishes to install any office equipment which uses substantial additional amounts of electricity, then Tenant agrees that Landlord’s consent is required before the installation of such additional office equipment.  Tenant shall contract for and pay directly all utilities not otherwise provided by Landlord in accordance with Section 8.4 above including, but not limited to electricity, telephone, telecommunications, and security, together with any taxes thereon.  In addition, to the extent the utilities to the tenant occupying a small office adjacent to the Premises are not separately metered and the electricity and HVAC are connected to the Premises electric meter, Tenant shall look solely to the adjacent tenant for any reimbursement of electricity charges it may seek.  Likewise, if at some future date, it becomes necessary for the adjacent office to possess its own electric service and meter, Tenant and/or the adjacent tenant shall be responsible for all the costs associated with same.

 

Section 8.6                           Telecommunications.

 

(a)           Tenant's Responsibility.  Tenant acknowledges and agrees that all telephone and telecommunications services, including wiring, aerials and antennae or other infrastructure to which Tenant's telecommunications equipment may be connected (herein collectively referred to as "Telecom Cabling") desired by Tenant shall be ordered and utilized at the sole expense of Tenant.  Unless Landlord otherwise requests or consents in writing, all of Tenant's Telecom Cabling shall be and remain solely in the Premises and the telephone closet(s) on the floor(s) on which the Premises is located, in accordance with the Rules and Regulations adopted by Landlord from time to time.  Unless otherwise specifically agreed to in writing, Landlord shall have no responsibility for the maintenance of Tenant's Telecom Cabling.  Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of Tenant at its expense to obtain substitute service.

 

(b)           Necessary Service Interruptions.  Landlord shall have the right, upon reasonable prior notice to Tenant, to interrupt or turn off telecommunications facilities in the event of emergency or as necessary in connection with repairs to the Building or installation of telecommunications equipment for other tenants of the Building.

 

(c)           Removal of Equipment and Wiring and Other Facilities.  Any and all Telecom Cabling installed in the Premises or elsewhere in the Building by or on behalf of Tenant, shall be removed prior to the expiration of the Term, by Tenant at its sole cost or, at Landlord's election, by Landlord at Tenant's sole cost, with the cost therefor to be paid as Additional Rent.  Landlord shall have the right, however, upon written notice to Tenant given no later than 30 days prior to the expiration or earlier termination of the Term, to require Tenant to abandon and leave in place, without any payment to Tenant or credit against Rent, any and all Telecom Cabling, or selected components thereof, whether located in the Premises or elsewhere in the Building.  In the event Landlord elects to retain the foregoing, Tenant covenants that (a) Tenant shall be the sole owner of such Telecom Cabling, that Tenant shall have good right to surrender and convey the same,

 

 

 

- 9 -


 

 

and that the same shall be free of all liens and encumbrances, and (b) all such Telecom Cabling shall be left in good condition, working order, clearly marked to show Tenant's name, address, telephone number, the name of the person to contact in case of emergency, FCC call sign, frequency and location; the transmissions lines shall be identified at the bottom and top of each line. In the event of Landlord's retention of the Telecom Cabling, Tenant's conveyance of the Telecom Cabling shall be effective on the expiration date or date of earlier termination of this Lease without the requirement of further action, and on such date Landlord shall become the owner of the Telecom Cabling.

 

(d)           New Telecommunications Provider Installations.  In the event that Tenant wishes at any time to utilize the services of a telephone or telecommunications provider whose equipment is not then servicing the Building, no such provider shall be permitted to install its lines through other equipment within the Building without first securing the prior written approval of Landlord, which approval may be conditioned or withheld in Landlord's sole discretion.  If Landlord gives its approval, the provider must agree to deliver to Landlord detailed, "as-built" plans immediately after the installation of the provider's equipment is complete.

 

(e)           Limits on Provider Relationship.  Notwithstanding anything herein to the contrary, no Telecom Cabling provider shall be deemed a third party beneficiary of this Lease.

 

(f)           Installation and Use of Wireless Technologies.  Tenant shall not utilize any wireless communications equipment (other than usual and customary cellular telephones), including antenna and satellite receiver dishes, within the Premises or the Building, without Landlord's prior written consent, which consent may be arbitrarily withheld.  Such consent may be conditioned in such manner so as to protect Landlord's financial interest and the interest of the Building and the other tenants therein, in a manner similar to the arrangement described in the immediately preceding paragraphs.  Landlord reserves the right, at Tenant’s sole cost and expense, to obtain a survey or require Tenant to obtain a survey, at Tenant’s sole cost and expense, from a surveyor acceptable to Landlord, to determine the impact of any such installation on the Building, the Property or other tenants of the Building.  Tenant may install a wireless computer network in the Premises, but to the extent it interferes with Landlord’s or other tenants’ operations or building systems, Tenant will immediately rectify any such conflict at its cost and expense.

 

(g)           Liability for Equipment Interference.  In the event that any Telecom Cabling installed by or at the request of Tenant within the Premises, on the roof, or elsewhere within or on the Building causes interference to equipment used by another third party, Tenant shall assume all liability related to such interference.  Tenant shall use reasonable efforts, and shall cooperate with Landlord and other third parties to promptly eliminate such interference.  In the event Tenant is unable to do so, Tenant will substitute alternative equipment which remedies the situation.  If such interference persists, Tenant shall discontinue the use of such equipment, and at Landlord's discretion, remove such equipment according to specifications provided by Landlord.  Tenant agrees to and shall indemnify and hold Landlord harmless for any liabilities and claims against Landlord resulting from such interference.  The provisions of this Section 8.5 shall survive the expiration or earlier termination of the Lease.

 

Section 8.7                           Generator.

 

Tenant acknowledges that the Property is equipped with a diesel fuel-powered generator and related components (collectively, the “Generator”), for the sole and exclusive purpose of providing back-up power to the Building, including the Premises.  Tenant shall, at all times during the Term hereof, comply with all rules and regulations promulgated by Landlord or applicable governmental authority with respect to the Generator.  Tenant shall indemnify and hold Landlord and all Superior Mortgagees and its or their respective joint venture partners, directors, officers, agents, employees and invitees, harmless against and from any and all claims from or in connection with; (a) the conduct, maintenance or management of the Generator located on the Property, or any condition created by Tenant, its employees or guests or invitees relating to the Generator during the Term of this Lease or during the period of time, if any, prior to the Rent Commencement Date that Tenant may have been given access to the Premises.  Landlord shall at all times, have the right, in its sole discretion, to determine the method for activating the Generator, the hours within which the Generator shall be activated for the purpose of providing back-up power to the Building, and the amount and level of such power.  All costs

 

 

 

- 10 -


 

 

associated with the repair and maintenance of the Generator and any utility consumed in connection with the Generator shall be passed through to all tenants of the Building in accordance with Section 3.1.C above.  It is understood and agreed that, if installed, the Generator will provide back-up for building-standard power only, and not for any specialty or supplemental equipment installed by Tenant.  Tenant shall solely be responsible for the compatibility with the Generator including, but not limited to, electrical systems, wire, conduit, panels, switchgear and breakers in the Premises, and Tenant's equipment to be connected to the Generator.

 

ARTICLE IX   LANDLORD’S AND TENANT’S PROPERTY

 

Section 9.1                           End of Term.

 

All Alterations, including HVAC equipment, wall coverings, carpeting and other floor coverings, ceiling tiles, blinds and other window treatments, lighting fixtures and bulbs, built in or attached shelving, built in furniture, millwork, counter tops, cabinetry, all doors (both exterior and interior), bathroom fixtures, sinks, kitchen area improvements, and wall mirrors, made by Landlord or Tenant to the Premises shall become Landlord’s property on the expiration or sooner termination of the Lease Term. On the expiration or sooner termination of the Lease Term, Tenant, at its expense, shall remove from the Premises all moveable furniture, furnishings, equipment, and other articles of moveable personal property owned by Tenant and located in the Premises that can be removed without damage to the Premises.  Tenant, at its expense, shall also remove all computer and telecommunications wiring and all non-standard Alterations to the Premises, including any vault, stairway, or computer room Alterations or any Alterations involving roof, ceiling, raised flooring or floor penetrations.  Additionally, Tenant shall be responsible for any and all personal property taxes relating to Tenant’s property located within the Premises.  Tenant shall repair any damage caused by the removal.  Any items of Tenant’s property that shall remain in the Premises after the expiration or sooner termination of the Lease Term, may, at the option of Landlord, be deemed to have been abandoned, and in that case, those items may be retained by Landlord as its property to be disposed of by Landlord, without accountability to Tenant or any other party, in the manner Landlord shall determine, at Tenant’s expense.

 

Section 9.2                           Landlord’s Lien and Security Interest.

 

Tenant hereby grants to Landlord a lien and security interest on all property of Tenant now or hereafter placed in or upon the Premises including, but not limited to, all fixtures, furniture, inventory, machinery, equipment, merchandise, furnishings and other articles of personal property, and all proceeds of the sale or other disposition of such property (collectively, the “Collateral”) to secure the payment of all rent to be paid by Tenant pursuant to this lease.  Such lien


 
SITE SEARCH

AGREEMENTS / CONTRACTS

Document Title:

Entire Document: (optional)

Governing Law:(optional)


Try our advanced search >>
 

CLAUSES

Search Contract Clauses >>

Browse Contract Clause Library>>

Get Email Updates
Email:
This is only a partial view of this document. We have millions of legal documents and clauses drafted by top law firms. learn more search for free browse for free learn more