EXHIBIT 10.6
LEASE AGREEMENT
THIS LEASE AGREEMENT (this “Lease”)
is dated as of the 14 th day of August, 2009, and is entered into by and
between PACIFIC NORTHWEST RESEARCH INSTITUTE, a Washington
nonprofit corporation (“ Landlord ”), and
Pacific Biometrics, Inc., a Washington corporation (“
Tenant ”).
Landlord and Tenant agree as follows:
1.
Premises. Landlord hereby leases to Tenant and
Tenant hereby leases from Landlord upon the terms and conditions
set forth herein the Premises, together with nonexclusive rights of
ingress and egress over common areas in the
Building. The “ Building ” means the
building commonly known as 720 Broadway Street, Seattle, Washington
98122. The “ Premises ” means that
space consisting of an agreed area of eight hundred fifty (850)
rentable square feet on the 4th floor, Room 417, of the Building,
as outlined on the floor plan attached hereto as Exhibit A
which is incorporated herein by this reference and made a part of
this Lease.
2.
Term, Commencement and Expiration Dates. The
initial term of this Lease (the “ Term ”) shall
be twenty-four (24) months, commencing on August 1st, 2009 (the
“ Commencement Date ”), and expiring on August
31, 2011, unless earlier terminated as provided
herein. Following the end of the initial term this lease
may be renewed for an additional twelve (12) months plus a 3%
increase in basic rent. Tenant’s possession of the
Premises prior to the Commencement Date shall be subject to all the
provisions of this Lease except that the Term and Tenant’s
obligation to pay Basic Rent shall not begin until the Commencement
Date.
3.
Rent. Tenant shall pay to Landlord basic rent
for the Premises in an amount equal to four thousand eight hundred
forty five Dollars ($4,845.00) per month (“ Basic Rent
”) for the initial term. Tenant also shall pay as
additional rent all other sums due from Tenant to Landlord under
this Lease (“ Additional Rent
”). Tenant shall pay Landlord without notice Basic
Rent and Additional Rent (collectively, “ Rent
”), without deduction or offset, in lawful money of the
United States of America in advance on or before the first day of
each month (or at other dates specified in this Lease with respect
to payments Additional Rent) during the Term at Landlord’s
address set forth on the signature page of this Lease, or to such
other party or at such other place as Landlord may hereafter from
time to time designate to Tenant in writing. Tenant
shall pay the first full monthly installment of Basic Rent in
advance upon execution of this Lease. Rent for any
partial month at the beginning or end of the Term shall be
prorated.
4.
Security Deposit. Tenant shall deposit with
Landlord on the date of this Lease, as security for the performance
of all of its obligations an amount equal to one month’s
installment of Basic Rent (the “ Security Deposit
”). The Security Deposit shall be held by Landlord
as security for the faithful performance by Tenant of all of
Tenant’s obligations under this Lease. If Tenant
fails to make any payment as and when due under this Lease, or
otherwise fails to perform any of its obligations under this Lease,
Landlord may (but shall not be obligated to) use, apply or retain
all or any portion of the Security Deposit: (i) against
any such payment(s) which Tenant failed to make; (ii) for the
payment of any other sum to which Landlord may become obligated by
reason of Tenant’s failure to perform; or (iii) to compensate
Landlord for any loss or damage which Landlord may suffer thereby;
so long as the foregoing is done in compliance with applicable
law. If Landlord so uses or applies all or any portion
of the Security Deposit, Tenant within five (5) business days after
written notice shall deposit cash with Landlord in an amount
sufficient to restore the Security Deposit to the full amount
required above and Tenant’s failure to do so shall constitute
an Event of Default under this Lease. The Security
Deposit, or so much thereof as has not theretofore been applied by
Landlord pursuant to the terms of this Lease, shall be returned,
without payment of interest, to Tenant (or, at Landlord’s
option, to the last assignee, if any, of Tenant’s interest
under this Lease within a reasonable period of time after the end
of the Term. Landlord shall not be required to keep the
Security Deposit separate from its general accounts, and no trust
relationship is created in this Lease between Landlord and Tenant
with respect to the Security Deposit.
5.
AS IS. Tenant acknowledges that Tenant is
leasing the Premises in its current “as is” condition
and Tenant acknowledges that, except to the extent expressly set
forth in this Lease, neither Landlord nor any agent of Landlord has
made any representation or warranty, express or implied, with
respect to the Premises or the Building and that Landlord has not
agreed to modify the Premises or to construct any improvements
therein. Tenant acknowledges that it has had an
opportunity to inspect the Premises to confirm the suitability
thereof for Tenant’s purposes. The taking of
possession or use of the Premises by Tenant shall conclusively
establish that the Premises and the Building were at such time in
satisfactory condition.
6. Uses.
6.1
General Use. The Premises shall be used only for
laboratory research and for general office purposes related thereto
(“ Permitted Use ”) and for no other business or
other purpose without the prior written consent of
Landlord. Tenant may use materials which are permitted
in facilities designated as BioSafety Level (“ BSL
”) 1, and will get approval from the Landlord prior to the
implementation of any experiment using BSL2 agents, as such
classifications are defined by the National Institute of Health
and/or the Center for Disease Control in the Premises, but Tenant
not use or store any materials which may only be used in BSL3 or
BSL4 facilities and Landlord shall not be required to consent to
any use that involves use or storage of BSL3 or BSL4
materials. No act shall be done in or about the Premises
that is unlawful, unsafe or that will increase the then existing
rate of insurance on the Building.
6.2
No Waste or Nuisance. Tenant shall not commit or
allow to be committed any waste upon the Premises, or any public or
private nuisance or other act or thing in or about the Premises
that disturbs the quiet enjoyment of Landlord or any other tenant
in the Building. Tenant shall not, without the prior
written consent of Landlord, use, operate or maintain any
apparatus, machinery, equipment or device in or about the Premises
that will cause any significant noise, increase electrical loads or
usage, vibration or fumes or disturb the quiet enjoyment of
Landlord or any other tenant in the Building, and in the event of
any such use or operation, then Tenant shall cease operating such
equipment until it has provided adequate insulation or taken such
other action as Landlord shall reasonably require to eliminate or
minimize the disturbance.
6.3
Compliance With Laws. Tenant shall comply with
all laws and regulations relating to its use or occupancy of the
Premises. Tenant shall comply with all rules and
regulations concerning Tenant’s use or occupancy of the
Premises as may be adopted by Landlord from time to
time.
6.4 Hazardous
Materials.
6.4.1 Tenant
shall not use or dispose of any Hazardous Materials in or on the
Premises, the Building, the Property, or any adjacent property, or
in any improvements thereto, except for such Hazardous Materials as
are essential to the Permitted Use, and then only in accordance
with all applicable laws and regulations. Tenant shall
ensure that all of Tenant’s officers, contractors,
subcontractors, licensees, agents, servants, employees, guests,
invitees or visitors, or any assignee or sublessee or other person
for whom Tenant would otherwise be liable (individually, a “
Tenant Party ” and collectively, “ Tenant
Parties ”) shall comply with all Environmental Laws (as
defined below) in connection with Tenant’s or any Tenant
Party’s use, storage or disposal of any Hazardous Materials
(as defined below) on, under or about the Premises at
Tenant’s expense. Tenant shall ensure that all
Tenant Parties shall, at all times follow industry standard
research and medical and safety practices in connection with the
purchasing, handling, storage, shipment or disposal of any
Hazardous Material, including, but not limited, to any Medical
Products (as defined below), at Tenant’s expense.
6.4.2 As
used herein, the term “ Hazardous Materials ”
means any Medical Products, chemical, substance, material,
controlled substance, object, condition, waste, living organism or
combination thereof which is or may be hazardous to human health or
safety or to the environment (whether potentially injurious to
persons and property and whether potentially injurious by
themselves or in combination with other materials) due to its
radioactivity, ignitability, corrosivity, reactivity, explosivity,
toxicity, carcinogenicity, mutagenicity, phytotoxicity,
infectiousness or other harmful or potentially harmful properties
or effects, including, without limitation, petroleum and petroleum
products, asbestos, radon, polychlorinated biphenyls (PCBs) and all
of those chemicals, substances, materials, controlled substances,
objects, conditions, wastes, living organisms or combinations
thereof which are now or become in the future listed in the United
States Department of Transportation Hazardous Materials Table [49
C.F.R. § 172.101] or any other applicable regulatory mandate,
as amended from time to time, or listed, defined or regulated in
any manner by any Environmental Law.
6.4.3 As
used herein, the term “ Environmental Laws ”
means any and all federal, state or local environmental, health
and/or safety-related laws, regulations, standards, decisions of
courts, ordinances, rules, codes, orders, decrees, directives,
guidelines, permits or permit conditions, currently existing and as
amended, enacted, issued or adopted in the future relating to the
environment or governing or in any way relating to the generation,
handling, manufacturing, treatment, storage, use, transportation,
spillage, leakage, dumping, discharge or disposal (whether legal or
illegal, accidental or intentional) of any Hazardous Material
(including, without limitation, The Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (42 U.S.C. §
9601, et seq. ), The Washington Model Toxics Control Act
(Ch. 70.105D RCW) and The Washington Hazardous Waste Management Act
(Ch. 70.105 RCW), which are or become applicable to Tenant or the
Premises.
6.4.4 As
used herein, the term “ Medical Products ” means
all recombinant DNA agents and all regulated substances, chemicals,
drugs, blood, tissue, serums, waste and other materials related
thereto and used in connection with medical treatment, laboratory
analysis or other biomedical research.
6.4.5 As
used herein, the term “ Environmental Condition
” means any release or spill of any Hazardous Materials into
the environment, including surface water, groundwater, drinking
water supply, land, soil, surface or subsurface strata or the
ambient air, where such release or spill is potentially in
violation of Environmental Laws or is required to be reported to
the Washington State Department of Ecology or other appropriate
governmental authority.
6.4.6 Tenant
shall deliver to Landlord prior to the Commencement Date and on
request during the Term a list specifying the type and quantity of
all Hazardous Materials used or stored or proposed to be used or
stored by Tenant or Tenant Parties on the Premises. The
list shall include copies of all permits, licenses and approvals
required in connection with the use or storage of such materials,
together with Tenant’s Hazardous Materials Inventory
Statement and Hazardous Materials and Management Plans (as required
by the City of Seattle Fire Department). Tenant will
provide additional documents or information with respect to its
Hazardous Materials upon request.
6.4.7 Tenant
shall promptly notify Landlord in writing of (i) any notices of
violation or potential or alleged violation of any Environmental
Law which are or have been in the past received by Tenant from any
governmental agency; (ii) any and all inquiry, investigation,
enforcement, clean-up, removal or other governmental or regulatory
actions instituted or threatened relating to Tenant or the
Premises; and (iii) all claims made or threatened by any
third-party against Tenant or the Premises relating to any
Hazardous Materials. If any Environmental Condition
occurs that is or may be a result of any Tenant’s or any
Tenant Party’s actions during the Term, or if Tenant or any
Tenant Party has disposed of or caused a release of Hazardous
Materials at, on or about the Premises other than in accordance
with Environmental Laws, Tenant shall promptly prepare a
remediation plan for Landlord’s review and approval, which
shall not be unreasonably withheld. Tenant’s
obligation to remediate any Environmental Condition shall not be
contingent on an enforcement action by any governmental authority
and shall be independent of any governmentally mandated
remediation. If Landlord approves the plan, then Tenant
shall execute the remediation plan at Tenant’s sole cost and
expense. If the remediation plan is not reasonably
acceptable to Landlord or if Tenant fails to execute the
remediation plan within a reasonable period of time, then Tenant
shall reimburse Landlord, upon demand, for the cost to Landlord of
performing rectifying work. The reimbursement shall be
paid to Landlord in advance of Landlord’s performing such
work, based upon Landlord’s reasonable estimate of the cost
thereof; and upon completion of such work by Landlord, Tenant shall
pay to Landlord any shortfall within thirty (30) days after
Landlord bills Tenant therefor or Landlord shall within thirty (30)
days refund to Tenant any excess deposit, as the case may
be. To the extent reasonably requested by Landlord,
Tenant shall furnish Landlord with detailed reports concerning any
Environmental Condition which occurs on the Premises during the
Term. In addition, Tenant shall comply, at its sole cost
and expense, with such industry-standard recommendations contained
in any environmental assessment or report as Landlord may
reasonably require including without limitation, any recommended
precautions which should be taken with respect to activities on the
Premises, and additional testing and studies to detect the presence
of Hazardous Materials.
6.4.8 After
notice to Tenant and a reasonable opportunity for Tenant to effect
such compliance, Landlord may, but shall not be obligated to, enter
upon the Premises and take such actions and incur such costs and
expenses to effect such compliance as it deems advisable to protect
its interest in the Premises. However, Landlord shall
not be obligated to give Tenant notice and an opportunity to effect
compliance if (i) such delay might result in material adverse harm
to Landlord, the Premises, the Building or the property on which it
is located; (ii) Tenant has already had actual knowledge of the
situation and a reasonable opportunity to effect compliance, or
(iii) Landlord reasonably believes that an emergency
exists. Whether or not Tenant has actual knowledge of
the release of Hazardous Materials on the Premises, the Building,
the property or any adjacent property as the result of
Tenant’s use of the Premises, the Building or the property,
Tenant shall reimburse Landlord for the full amount of all costs
and expenses incurred by Landlord relating to such Hazardous
Materials or in connection with such compliance
activities. Tenant shall notify Landlord immediately of
any release of any Hazardous Materials on the Premises of which
Tenant is aware.
6.4.9 Tenant
agrees to indemnify, defend and hold harmless Landlord against any
and all losses, liabilities, suits, obligations, fines, damages
(including diminution in the value of the Premises or Building,
loss or restrictions on use of space in the Building or the
property on which it is located, and sums paid in settlement of
claims), judgments, penalties, claims, charges, cleanup costs,
remedial actions, costs and expenses (including, without
limitation, attorneys’ and other professional fees and
disbursements) that may be imposed on, incurred or paid by, or
asserted against Landlord, the Premises, the Building, or the
property by reason of, or in connection with (i) any
misrepresentation, breach of warranty or other default by Tenant or
any Tenant Party under this Section 6.4 , or (ii) the acts
or omissions of Tenant or any Tenant Party resulting in the release
of any Hazardous Materials. All of Tenant’s
obligations and liabilities under this Section 6.4 shall
survive expiration or other termination of this Lease and shall be
separately enforceable by Landlord. This indemnification
is intended to constitute an indemnity agreement within the meaning
of Section 9607(e)(i) of The Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (42 U.S.C. §
9607(e)(i)). Neither the written consent by Landlord to
the presence of Hazardous Materials on, under or about the
Premises, nor the strict compliance by Tenant with all
Environmental Laws, shall excuse Tenant from Tenant’s
obligation of indemnification pursuant thereto.
6.4.10 Upon
expiration or early termination of this Term, Tenant shall at its
sole cost and expense undertake and complete a thorough wash and
decontamination of the Premises, including but not limited to
scrubbing of all surfaces, equipment, cabinets, fixtures and flume
hood external surfaces in the Premises, in order to remove all
residues of Hazardous Materials (including chemicals and biological
material). Upon completion of such wash and
decontamination, Tenant shall cause, at its sole cost and expense,
an environmental engineering company reasonably satisfactory to
Landlord to perform an environmental inspection of the Premises and
prepare a written report for delivery to Landlord and Tenant,
certifying that the Premises are free from all Hazardous
Materials.
6.4.11 Landlord
may monitor Tenant’s compliance with the requirements set
forth in this Section 6.4 , including without limitation
obtaining an environmental assessment or investigation of the
Premises from a qualified environmental engineering company of
Landlord’s selection, the cost of which shall be paid by
Landlord unless such assessment reveals a violation of this
Lease. Any such environmental assessment shall be
performed at a reasonable time mutually acceptable to Landlord and
Tenant.
7.
Personal Property Taxes. Tenant shall pay, prior
to delinquency, all taxes payable with respect to all of
Tenant’s personal property including inventory, equipment,
furniture and trade fixtures kept or used on or installed in the
Premises.
8.
Taxes on Rent. The Rent provided for in this
Lease is exclusive of any sales or other tax or charge upon, based
upon or measured by rents payable to Landlord hereunder, or any tax
or other charge based upon or measured by the number of employees
of Tenant, or any other tax that is not currently in
effect. If during the Term any such tax or other charge
becomes payable by Landlord to any governmental authority, the Rent
hereunder shall be deemed increased by such amount. The
foregoing does not apply to federal, state or local income, gross
receipts, inheritance, gift, succession or franchise taxes payable
by Landlord.
9. Services
by Landlord.
9.1
Building Services. Landlord shall provide
elevator service, Building access through the security system,
electricity, cooling, heating and ventilation (HVAC), water and
sewer. “ Normal Business Hours ”
shall be from 6:00 a.m. to 6:00 p.m., Monday through Friday,
excluding legal holidays. Tenant may have access to the
building outside of these hours if required. Landlord
shall provide a security card and key that will allow Tenant access
to the Premises and any replacement or additional devices shall be
at Tenant’s expense.
9.2
Liability. Landlord shall not be liable for any
loss or damage caused by or resulting from any variation,
interruption or failure of such services due to any cause
whatsoever, and no temporary interruption or failure of such
services incident to the making of repairs, alterations or
improvements or due to accident or strike conditions shall be
deemed an eviction of Tenant or relieve Tenant from any of
Tenant’s obligations hereunder. For those services
within Landlord’s reasonable control, Landlord shall correct
any interruption of services as soon as practicable.
9.3
Electricity and Mechanical. Before installing
additional lights or equipment in the Premises, Tenant shall obtain
the written permission of Landlord. Landlord may refuse
to grant such permission unless Tenant agrees to pay
Landlord’s costs to install supplementary air conditioning
capacity or electrical systems if the equipment or lights requested
by Tenant will, in Landlord’s reasonable judgment, overburden
the Building’s structure or mechanical
system. Tenant shall pay all costs of operating such
equipment.
9.4
Shared Facilities. Tenant shall have the
nonexclusive right to use the restrooms, coffee room and dining
room located on the fifth floor of the Building provided that
Tenant complies with any rules and regulations relating to the use
of such areas. Tenant and its employees shall not enter
any other part of the Building except when accompanied by a member
of Landlord’s staff. Tenant shall maintain the
confidentiality of all nonpublic information that it acquires as a
result of or in connection with its entry into any portion of the
Building outside the Premises whether such confidential information
is obtained visually or orally or in any other manner (“
Confidential Information ”). No
Confidential Information shall be used or disclosed by the
recipient except as permitted herein. The obligations of
this provision shall not apply to: (a) information that
is in the public domain or comes into the public domain through no
fault of Tenant; (b) information learned by Tenant from a third
party entitled to disclose such information; (c) information
developed by Tenant independently of knowledge or information
obtained from Landlord; (d) information already known to Tenant
before receipt from Landlord, as shown by prior written records;
(e) information released with the written consent of Landlord; or
(f) information which is required to be disclosed by law,
regulation or the order of a judicial or administrative authority;
provided , however , that prior to such disclosure,
Tenant shall (i) give Landlord sufficient advance written notice to
permit it to seek a protective order or other similar order with
respect to such Confidential Information, and (ii) thereafter
disclose only the minimum Confidential Information required to be
disclosed in order to comply, whether or not a protective order or
other similar order is obtained by Landlord. Tenant
shall require each of its employees who may enter into any portion
of the Building outside the Premises to acknowledge and agree to be
bound by this confidentiality provision. Landlord
reserves the right to deny access to any employee who does not so
agree. Tenant shall treat a violation of this provision
by any employee in the same manner as Tenant would treat a
violation of the employee’s obligations with respect to
Tenant’s confidential information.
9.4.1
Shared equipment. Tenant shall have access to
the shared facilities and equipment listed in Addendum
A. All users of shared equipment shall be trained by
PNDRI staff before use and shall be responsible for supplies of
said equipment and liable for damages stemming from misuse or
non-approved use of said equipment.
9.5
Animal Facilities. The use of any laboratory
animals in the Building is subject to approval by Landlord’s
Institutional Animal Care and Use Committee and all applicable
laws, regulations and policies. Landlord will provide
(at Tenant’s request) housing and care of laboratory rats and
mice only and technical assistance on a fee basis. The
fee is based on the Landlord’s animal facility rate schedule
for non PNDRI scientists. The current rate schedule is
attached as Exhibit B . Landlord may change the
rate schedule from time to time on thirty (30) days prior written
notice. Tenant shall pay all fees on a monthly basis in
arrears within ten (10) days after receipt of a statement from
Landlord. Landlord shall provide the following services
with respect to the laboratory rodents: veterinary care;
maintaining any required permits, accreditations or certifications
necessary for the use thereof; animal husbandry; feeding and
watering, cleaning and maintaining cages; room cleaning and
monitoring and disposing of animal waste and dead
animals. Tenant shall comply with any rules and
regulations established by Landlord from time to time with respect
to the animal facility including any security measures adopted by
Landlord. Access to the animal facility by Tenant shall
be restricted to authorized personnel, which shall include but not
be limited to principal investigators, investigators, and
technicians approved by Landlord. Landlord may manage
the animal care facility in its discretion and for its own
benefit. Landlord may make repairs or alterations to the
animal care facility and may take any action in connection with the
operation, maintenance or preservation of thereof as Landlord deems
necessary or desirable. The parties do not intend this
Lease to create the relationship of bailor and bailee with respect
to the animals in the animal care facility. If any of
the equipment or machinery in the animal care facility ceases to
function properly or if service is interrupted for any cause
whatsoever, Landlord shall use reasonable diligence to restore such
service or facility within a reasonable period of time giving due
regard to the circumstances and Landlord shall not be liable for
damages to either person or property or for interruption or loss to
Tenant’s business nor shall any interruption relieve Tenant
from any obligations under this Lease. Tenant shall
assume the full risk of loss with respect to all of Tenant’s
property including but not limited to the animals in the animal
care facility and any intellectual property associated therewith
and all risk of personal injury or death to Tenant’s
employees occurring in or around the animal care facility or
arising from use thereof by Tenant. In no event shall
Landlord be liable for damages by reason of loss of profits,
business interruption or other consequential damage incurred by
Tenant as a result of Tenant’s use of the animal care
facility.
9.6
Other Services. If Landlord provides any other
services to Tenant including any consultation or use of any
instrumentation or equipment owned by Landlord but not stipulated
in this agreement, Tenant may be required to pay for such services
on demand. If any consultation or use of
Landlord’s equipment results in or contributes to the
creation of any intellectual property rights, then such
intellectual property shall be jointly owned by Landlord and
Tenant.
10. Assignment
and Subletting.
10.1
Transfers Requiring Consent. Tenant shall not
cause or permit, directly or indirectly, voluntarily or
involuntarily, any of the following events (individually and
collectively, a “ Transfer ”) (or any amendment
to the instrument affecting the same) without in each case first
obtaining Landlord’s written consent: (a) a sale,
assignment, hypothecation, mortgage, encumbrance, conveyance or
other transfer of this Lease (or any interest therein); or (b) a
sublease of all or any portion of the Premises or (c) the use or
occupancy of the Premises or any portion thereof by anyone other
than Tenant. Any sale or other transfer, whether
voluntary or involuntary, by operation of law or otherwise
(including by consolidation, merger or reorganization), of a
majority of the voting stock of Tenant, if Tenant is a corporation,
or of a majority of the partnership interests in Tenant, if Tenant
is a partnership, or a majority of membership interests if Tenant
is a limited liability company shall be deemed to be a
Transfer. Landlord’s consent to one Transfer shall
not be deemed to be a consent to any subsequent Transfer, nor shall
Landlord’s consent release Tenant from any of its obligations
under this Lease unless such consent expressly so
provides. At the option of Landlord any Transfer without
the consent of Landlord shall be void and shall constitute an Event
of Default entitling Landlord to terminate this Lease and give rise
to all other remedies available to Landlord for breach of this
Lease.
10.2
Recapture. In addition to and without limitation
upon, the other rights of Landlord, in the event of a proposed
Transfer by Tenant, Landlord may elect, (by written notice
delivered to Tenant within thirty (30) days following
Tenant’s submission to Landlord of a request for consent to a
Transfer, to terminate this Lease effective as of the date Tenant
proposes to enter into such Transfer (or in the case of a proposed
Transfer of less than all of the Premises, terminate this Lease as
to the portion of the Premises to be Transferred as of the date of
such proposed Transfer).
10.3
Excess Rental. If Landlord approves a Transfer
under Section 10.1 , then Tenant may enter into such
Transfer and fifty percent (50%) of all consideration received by
Tenant from such Transfer in excess of the Basic Rent attributable
to the affected premises shall be paid promptly to Landlord as Rent
hereunder, after first deducting all reasonable and customary costs
actually incurred by Tenant to effect such Transfer (such as tenant
improvements, brokerage fees, advertising costs and the
like).
10.4
General. Tenant shall promptly provide Landlord
with any additional information concerning the proposed transferee
(including finan
