<PAGE>
Exhibit 10.13
LEASE AND ADDENDA FOR BUILDING #7
AND
FIVE ACRES OF LAND
(PRECAST PLANT AND STORAGE YARD)
<PAGE>
LEASE
CROWN WEST REALTY, L.L.C.
Lessor
CXT INCORPORATED
Lessee
Dated: December 20, 1996
<PAGE>
<TABLE>
<CAPTION>
Page No.
--------
<S>
<C>
13.2 Pre-approved Additions
6
13.2.1 Batch Plant
6
13.2.2 Rail Line
6
13.2.3 Additional Cranes
6
13.2.4 Hot Oil Heat Exchangers
6
13.2.5 Exterior 33-Ton Crane
6
14. Repairs or Services by
Lessor
7
14.1 Building Repair
7
14.2 Services
7
15. Repairs by Lessee
7
16. Surrender on
Termination
7
17. Mechanic's Liens
8
18. Signs, Lights and
Sounds
8
19. Displays of
Merchandise
8
20. Streets, Parking Areas
and Rules
8
21. Access
9
22. Utilities
9
23. All Charges Deemed
Rent
9
24. Indemnification and
Insurance
9
24.1 In General
9
24.1.1 Acts or Omissions
9
24.1.2 Accidents
10
24.1.3 Breach of Lease
10
24.1.4 Lessor's Performance
10
24.1.5 Hazardous Substances
10
24.2 Lessee Liability Insurance
10
24.3 Notice of Claim
11
24.4 Waiver by Lessee
11
25. Insurance and Waiver
of Subrogation
11
26. Damage/Rebuilding
12
27. Condemnation
12
28. Taxes, Assessments and
Insurance Premiums
13
28.1 Reimbursement
13
28.2 Lessee's Tax
13
29. Non-waiver of Breach
14
30. Default
14
31. Litigation Costs/Venue
14
32. Removal of Personal
Property by Lessee
14
33. Removal of Property by
Lessor
15
34. Loading Platforms
15
35. Insolvency
15
36. Assignments and
Subletting
15
36.1 Consent Required
15
36.2 Change in Lessee Ownership
15
36.3 Request for Consent
15
36.4 Reimbursement of Costs
16
36.5 Withholding Consent
16
36.6 Conditions of Consent
16
36.7 Increased Rent Shared
16
36.8 Submit Documents
16
36.9 Assignee Bound
16
36.10 Lessee Remains Obligated
16
36.11 Additional Notice
16
36.12 Joint Liability
17
</TABLE>
<PAGE>
<TABLE>
<S>
<C>
36.13 Default
17
37. Statements by Lessee
17
38. Subordination
17
39. Short Form Lease
17
</TABLE>
<PAGE>
LEASE
This Lease made and entered into this 20th
day of December, 1996, between CROWN
WEST REALTY, L.L.C. hereinafter referred to
as "Lessor", and CXT INCORPORATED, a
Delaware corporation, hereinafter referred
to as "Lessee",
WITNESSETH:
It is agreed by and between Lessor and
Lessee as follows:
1. Description of Premises. Lessor hereby
leases to Lessee and Lessee hereby
leases from Lessor those certain premises,
hereinafter referred to as
"Premises", situated in Spokane County,
State of Washington, described as:
Building #7 comprising approximately
120,000 square feet and approximately rive
acres of land to be used for storage
immediately east of Building #7, across 5th
Street, (See Exhibit B attached) located at
3808 N. Sullivan Road being part of
an organized industrial district commonly
referred to as the "Spokane Business &
Industrial Park," hereinafter referred to
as the "Park" as shown on the attached
Exhibit A and more particularly described
as follows:
The South Half of Section 1, and that
portion of Section 12 lying North of the
Northerly right of way line of the Spokane
International Railroad, Township 25
North, Range 44 East of the Willamette
Meridian, County of Spokane, State of
Washington.
The Lessee may use the five acres to store
material. All materials shall be
stored in a neat and secure manner. Except
for those improvements which the
Lessor specifically agrees to provide, as
set forth in this Lease, the Lessee
shall be responsible for the installation,
construction and maintenance of all
improvements to the Premises.
Lessee shall have the right to cross 5th
Street between the said five-acre
parcel and Building 7 without going to an
intersection, provided that
north-south traffic on 5th Street has the
right of way and Lessee's vehicles
thus crossing 5th Street shall not
unreasonably impede north-south traffic on
5th Street.
2. Term. The term of this Lease shall be 76
months, commencing on the 1st day of
December, 1996 and ending on the 31st day
of March, 2003.
3. Rent. The monthly base rent which
includes base year taxes, assessments,
insurance and common area costs, except as
provided in paragraph 28, shall be as
follows:
<TABLE>
<S>
<C>
December 1, 1996 through March 31, 1997
$
0.00
April 1, 1997 through October 31, 1997
$15,600.00
November 1, 1997 through September 30, 1998
$16,800.00
October 1, 1998 through September 30, 1999
$20,400.00
October 1, 1999 through September 30, 2000
$20,400.00
October 1, 2000 through September 30, 2001
$21,600.00
October 1, 2001 through September 30, 2002
$21,600.00
October 1, 2002 through March 31, 2003
$24,000.00
</TABLE>
Said rental for each month shall be paid to
Lessor monthly in advance on or
before the first business day of the month
for which said rent is due at the
office of Lessor at the Park.
<PAGE>
A late charge of 1%% of the delinquent
amount will be added to all amounts of
base rent and additional due that are not
received by the tenth of the month in
which they are due.
4. Option To Extend. Lessee is hereby
granted options to extend this Lease for
two additional five-year terms upon all of
the terms and conditions, except
rent, as provided in this Lease, modified
only as necessary to conform to
applicable laws and regulations; provided
that the Lessee is, both at the time
of exercising an option to extend and at
the time of commencement of the
extended term, not in material default
under the then-current lease. In order to
exercise an option to extend, the Lessee
must give written notice to the Lessor
not less than 150 days prior to the
expiration of the then-current lease term.
The base rent during the option terms, if
exercised, shall be as follows:
<TABLE>
<S>
<C>
April 1, 2003 through March 31, 2004
$31,200.00
April 1, 2004 through March 31, 2005
$32,292.00
April 1, 2005 through March 31, 2006
$33,422.00
April 1, 2006 through March 31, 2007
$34,592.00
April 1, 2007 through March 31, 2008
$35,803.00
April 1, 2008 through March 31, 2009
$37,056.00
April 1, 2009 through March 31, 2010
$38,353.00
April 1, 2010 through March 31, 2011
$39,695.00
April 1, 2011 through March 31, 2012
$41,084.00
April 1, 2012 through March 31, 2013
$42,522.00
</TABLE>
5. Options To Terminate.
5.1 This Lease.
Lessee is hereby granted the one-time option to terminate
this Lease effective on February 28, 1999,
by giving Lessor not less than 150
days' prior written notice. If said option
to terminate is exercised, Lessee
shall pay Lessor $32,500.00, representing
reimbursement to Lessor of $15,000.00,
being 50% of the amount that the Lessor has
agreed to pay toward the cost of
repairing cranes; plus $17,500.00, being
approximately 50% of the cost incurred
by Lessor in complying with paragraph
10.7.
5.2 S-20 Lease.
Lessee is currently leasing Building #S-20, on Lot 18, BSP
88-21 from Lessor pursuant to a Lease dated
November 1, 1991. Provided that
Lessee does not exercise its option to
terminate this Lease as provided in
paragraph 5. 1, Lessee is hereby granted
the option to terminate the said Lease
of Building #S-20 effective on either
December 31, 1998, or December 31, 1999,
by giving written notice to Lessor not less
than 150 days prior to the
termination date, which shall be stated in
the notice, and by paying Lessor the
sum of $4,800.00 per month on the first
business day of each month, commencing
in the month of January immediately
following the termination date and
continuing through March, 2003. Late
charges would apply if not paid on time,
the same as with rent.*
*Should Lessee exercise its option to
terminate its lease for Building #S-20
under this paragraph #5.2, then Lessee's
option to terminate this lease for
Building #7 under paragraph #5.1 shall
expire and become null and void.
6. Possession/Peaceful Enjoyment. Lessee
shall be entitled to possession of the
Premises on December, 1, 1996, it being
recognized that the prior tenant of
Building #7 is in the process of moving out
so that the Lessee will not have
<PAGE>
full use of the Premises until the prior
tenant finishes moving out. Except as
provided above, the Lessee shall have
peaceful and quiet enjoyment throughout
the term of this Lease and any exercised
option terms, all subject to the Lessee
performing its obligations under this
Lease.
7. Holding Over. If the Lessee shall, with
the written consent of Lessor, hold
over after the expiration of the term of
this Lease, or any exercised option
term, such tenancy shall be on a
month-to-month basis, and may be terminated as
provided by the laws of the State of
Washington. During such tenancy, Lessee
agrees to pay to the Lessor the rental rate
set forth in the written consent,
and to be bound by all the terms, covenants
and conditions of the lease then in
effect. If the Lessee holds over without
the written permission of the Lessor,
Lessee shall be tenant at sufferance and
shall pay base rent on a daily basis at
a rate per day equal to 5% of the monthly
rent then in effect.
8. Lease Deposit. Waived.
9. Business Purposes. The Premises are to
be used for the purpose of conducting
therein and thereon the following business:
The manufacture of concrete
products, steel fabrication, equipment
repair and other related manufacturing
activities, and the storage of related
materials and products, and for none
other without the prior written consent of
Lessor. Lessee shall promptly notify
Lessor of any proposed change in use of the
Premises, but in no event later than
14 days prior to said proposed change.
Lessor's consent to any proposed change
shall not to be unreasonably withheld or
delayed.
10. Acceptance of Premises.
10.1 As Is.
Except as otherwise specifically provided in this Lease,
Lessee, having made a careful and complete
inspection of the Premises, accepts
said Premises strictly "AS IS" in their
present condition and without any
representations or warranties, express or
implied, as to their condition or
suitability for Lessee's intended use.
10.2 Existing
Cranes. There are presently three ten-ton cranes installed in
Building #7 which the parties recognize are
in need of repair. The Lessee will,
within a reasonable time, perform all
repairs necessary to put the cranes in
good working order and in compliance with
applicable laws and regulations. The
Lessor will reimburse the Lessee for the
cost of such repairs to the extent of
$30,000.00. Thereafter the Lessee shall
maintain said cranes in good working
order throughout the term of this Lease and
any extensions or renewals thereof.
10.3 Office
HVAC. The Lessor represents that the HVAC system for the office
area is in normal operating condition. The
Lessor will perform any repairs
necessary to put the office HVAC system in
normal operating condition, provided
that the need for repair is called to the
Lessor's attention by written notice
given not later than December 13, 1996.
Thereafter the Lessee shall maintain
said HVAC system in good working order
throughout the term of this Lease and any
extensions or renewals thereof. Lessor
shall provide Lessee with a report from a
licensed HVAC contractor certifying that
both the heating and air conditioning
aspects of the HVAC system are in good
operating condition at the commencement
of this Lease.
10.4 New Doors.
The Lessor will, within a reasonable time, and in no event
later than January 31, 1997, install four
additional electrically
<PAGE>
operated truck access doors as shown on
Exhibit C attached. Upon completion of
the installation of all four doors, the
Lessee will reimburse the Lessor for the
cost thereof to the extent of
$10,500.00.
10.5 Existing
Doors. All existing overhead doors, man doors and windows
shall be in good operating condition as of
the commencement of this Lease. The
Lessor will perform any repairs necessary
to make such doors and windows in
operating condition, provided that the need
for repair is called to the Lessor's
attention by written notice given not later
than December 13, 1996. Thereafter
the Lessee shall maintain said doors and
windows in good working order
throughout the term of this Lease and any
extensions or renewals thereof.
10.6 Overhead
Power Line. The Lessor will, upon the written request of the
Lessee given at any time during the first
year of this Lease, and at the
Lessee's cost, relocate the existing
overhead power line at the east end of the
building so as to provide reasonable
'clearance for the Lessee's equipment
moving in and out of Building #7.
10.7 Gravel. The
Lessor will grade the five-acre parcel which is part of
the Premises and will remove topsoil, black
dirt and organic matter in order to
establish a firm mineral soil base and will
install three inches of7/s " or
11/4" minus crushed gravel, all within a
reasonable time, and as weather
permits.
10.8 Paving. The
Lessor will, within a reasonable time, and not later than
June 30, 1997, asphalt pave the area
between the east end of Building #7 and 5th
Street.
10.9 5th Street
Gate. The Lessor will, within a reasonable time, and not
later than February 28, 1997, install a
gate for access to the Park from 5th
Street. The gate will be locked other than
during general business hours. The
gate will be controlled by an access card
system or similar device. A reasonable
number of access cards or similar access
devices will be checked out to the
Lessee so that the Lessee will have access
to Building #7 from 5th Street at all
times.
10.10 Interior
Rail Line. Lessor will, upon receipt of such funds from the
prior tenant, reimburse Lessee to the
extent of $5,000.00 of the Lessee's cost
of reinstalling interior continuous rail
line in accordance with plans approved
by Lessor, such approval not to be
unreasonably withheld or delayed.
11. Compliance with Laws. Lessee shall, at
all times, and at its sole expense,
keep and use the Premises in accordance
with applicable laws and ordinances and
in accordance with applicable directions,
rules and regulations of public bodies
or entities. Lessee shall not overload the
floors, cranes or other parts of the
Premises, and shall permit no waste of, or
damage or injury to, the Premises,
and will not permit the Premises to be used
in any way which is unlawful,
offensive or dangerous, or which may be, or
become, a nuisance, or in any manner
which is, by reason of the emission of
dust, odor, gas, fumes, smoke, or noise,
noxious or offensive to a person of normal
sensibilities occupying space in an
industrial park or in a manner that
significantly increases the risk of fire.
The Lessee's use of concrete vibrators in
the ordinary course of its business
shall not constitute a violation of this
paragraph.
<PAGE>
12. General Obligations of Lessee. Lessee
shall, at all times, keep the
Premises, loading platforms, parking area,
and service areas adjacent to the
Premises clean and free from snow, ice,
ash, rubbish, dirt, and unlawful
structures and shall store all products,
materials (hazardous or otherwise),
dangerous substances, trash and garbage
securely within the Premises. Lessee
shall arrange for weekly (or more often if
needed) pick-up of such trash and
garbage as may be generated by Lessee, all
at the Lessee's expense. Lessee may
install a waste dump area on the south side
of Building #7 in accordance with
plans approved by Lessor, such approval not
to be unreasonably withheld or
delayed. Should Lessee fail to remove
trash, garbage, refuse or materials from
any location outside of the Premises within
three days after written notice from
Lessor, Lessor, at its option, may remove
such items at Lessee's expense. Lessee
agrees to hold Lessor harmless from any
loss or damage resulting from Lessor's
removal of any such items. Lessee shall
permit no animals to be kept on the
Premises.
13. Alterations.
13.1 Consent
Required. Lessee shall not, without the prior written consent
of Lessor, make any alterations, additions,
or improvements in or to said
Premises, which consent shall not be
unreasonably withheld or delayed. Lessor's
consent may be conditioned on an agreement
(a) that the same will be removed by
the Lessee at the termination of this
Lease, or (b) that the same will be
maintained in good repair by the Lessee and
left on the Premises at the
termination of this Lease. Lessee shall
make no perforations in the building
shell without prior review and approval of
a duly licensed structural engineer
and the prior written approval of the
Lessor. Trade fixtures, appliances and
equipment shall not be deemed alterations,
additions or improvements unless the
removal of the same would do material
damage to the Premises. Unless
specifically agreed to by Lessor in
writing, Lessee shall not be compensated in
any manner for an alteration, addition, or
improvement to the Premises. Should
Lessee fail to request written consent from
Lessor at least 14 days prior to
initiation of alterations, additions, or
improvements, Lessee shall, at Lessor's
option, be obligated to pay all costs
incurred by Lessor associated with
performing a due diligence evaluation of
Lessee's proposal, including without
limitation the cost of Lessor's employees
and the costs of legal, engineering
and architectural services.
13.2
Pre-approved Additions. The following alterations, additions
and
improvements are hereby approved by the
Lessor, all to be performed at the sole
cost and expense of the Lessee and in
accordance with plans approved by the
Lessor prior to the commencement of the
work, approval not to be unreasonably
withheld:
13.2.1 Batch Plant. Lessee may erect a concrete batch plant and
wash
down sump on the west or south side of
Building #7 in accordance with plans
approved by Lessor, such approval not to be
unreasonably withheld or delayed.
Lessee's plans shall include, but not be
limited to, the precise area to be
occupied, the design of the structure and
final paint color. All construction
shall be subject to environmental
approvals, governmental approvals and building
permits. On the termination of this Lease
the Lessee may, and will, if so
requested by Lessor, remove the batch plant
and restore the area, including
parking, to its prior condition. Lessee
shall give notice to Lessor at least 30
days prior to the termination of this Lease
as to whether or not it elects to
remove the batch plant. Within 30 days
after receipt of
<PAGE>
such notice or, if no notice is given, then
within 30 days after the termination
of this Lease, Lessor may notify Lessee
that Lessee is required to remove the
said batch plant
13.2.2 Rail Line. Lessor will make available to Lessee, at no
cost,
all rail and switch material currently in
its possession, which is not presently
being used or specifically planned for
future use, for the purpose of
constructing approximately 1,000 feet of
rail line in Building #7 and on the
five-acre parcel. The installation will be
in accordance with plans approved in
writing by the Lessor prior to the
commencement of the work, approval not to be
unreasonably withheld or delayed. The rail
line, as thus installed, will be left
in place on termination of this Lease.
13.2.3 Additional Cranes. Lessee may install additional cranes in
the
two, 39-foot span wing bays. Lessee will
provide all steel supports, duct bar
and the cranes themselves. All such
installation will be in accordance with
plans approved by the Lessor prior to the
commencement of the work, approval not
to be unreasonably withheld or delayed.
Lessee may, and will, if so requested,
in the same manner as provided in paragraph
13.2. 1, remove all such
installations and restore the Premises to
its prior condition.
13.2.4 Hot Oil Heat Exchangers. Lessee may install a Hot Oil
Exchanger(s) inside the building, subject
to all state, local and environmental
inspections and approvals, and approval of
plans by Lessor prior to the
commencement of the work, approval not to
be unreasonably withheld. Lessee may,
and will, if so requested, in the same
manner as provided in paragraph 13.2. 1,
remove all such installations and restore
the Premises to its prior condition.
13.2.5 Exterior 33-Ton Crane. Lessee may install a 33-ton
overhead
bridge crane with supporting steel
structure at the east end of Building #7
utilizing the existing concrete pillars.
Lessee may, and will, if so requested
by Lessor, in the same manner as provided
in paragraph 13.2.1, remove the same
and the concrete pillars, at the
termination of this Lease.
14. Repairs or Services by Lessor.
14.1 Building
Repair. Lessor shall, throughout the terms of this Lease and
any exercised renewal term, keep in good
order, condition, and repair the
foundation, exterior walls (except the
interior faces thereof), sprinkler
system, if any, down spouts, gutters, and
roof of the Premises, except for
repairs necessitated or caused by any act
or negligence of Lessee, its
employees, agents, invitees, licensees or
contractors. Lessee shall be liable
for repairs necessitated by such negligence
only to the extent of the deductible
amount under any policy of property damage
insurance maintained by Lessor, not
to exceed the sum of $25,000, provided,
however, that there shall be no
obligation to make such repairs as are the
obligation of the Lessor, until after
the expiration of five days' written notice
from Lessee to Lessor of the need
thereof.
14.2 Services.
At any time during the Lease or any exercised option term,
should Lessee request any special services
from Lessor not otherwise provided
for in this agreement, and if the services
are of such a nature that the Lessor
can reasonably provide them, Lessor will
use its best efforts to provide said
special services. Lessee shall be obligated
to reimburse Lessor for all
reasonable costs incurred in providing said
services. Reasonable costs shall
include but not be limited to such things
as attorney fees, engineering
<PAGE>
services, and other professional fees,
salary and benefits for employees of the
Lessor and third parties employed by Lessor
to provide such special services.
The term "special services" includes, but
is not limited to, such things as
negotiations with financial institutions
servicing Lessee, execution of Consent
and Waiver Agreements, and emergency
response assistance by employees or
independent contractors employed by Lessor
who assist Lessee in preventing or
reducing damage to the Premises for which
Lessee is responsible.
15. Repairs by Lessee. Except as otherwise
provided, Lessee shall keep and
maintain said Premises in a neat, clean and
sanitary condition and in as good
condition as at the inception of this Lease
or as they may be in at any time
during the continuance of this Lease,
including without limitation all HVAC
systems and equipment, all electrical
wiring and fixtures, all cranes, all
plumbing and sewage facilities and all
windows, overhead doors and man doors,
docks and appurtenances, within or attached
to Building #7 or on the Premises.
Lessee's duty to repair shall include
replacement of parts or components of the
Premises, or fixtures in the Premises that
cannot be repaired. In the event
Lessee fails to promptly undertake and
reasonably complete repairs required
under this paragraph, Lessor may, at its
option, make the repairs at the expense
of Lessee and the cost of the repairs shall
be additional rent and shall be
immediately due and payable.
16. Surrender on Termination. At the
expiration of this Lease or its earlier
termination, Lessee shall, without notice,
turn in all keys and access cards, or
similar devices, and re-deliver possession
of said Premises to Lessor broom
clean and in as good condition as they were
in at any time during the Lease
term, including any exercised option,
ordinary wear and tear and damage by
insured peril or uninsured casualty not the
fault of the Lessee, excepted.
17. Mechanic's Liens. Lessee agrees to pay
when due all sums that may become due
for any labor, services, materials,
supplies, or equipment furnished at the
instance of the Lessee, in, upon or about
the Premises and which may be secured
by any mechanic's, materialman's or other
lien against the Premises and/or
Lessor's interest therein, and will cause
each such lien to be fully discharged
and released at the time of any obligation
secured by any such lien matures
and/or becomes due; provided that if the
Lessee in good faith disputes the claim
of lien the Lessee may pursue such dispute
in any lawful manner, provided that
it bonds against such lien to the Lessor's
reasonable satisfaction.
18. Signs, Lights and Sounds. Lessee shall
not erect or install any exterior
signs or symbols without Lessor's prior
written consent. Lessee shall not use
any advertising media or other media, such
as loudspeakers, phonographs or radio
broadcasts, that may be deemed
objectionable to Lessor or other tenants of the
Park, or that can be heard outside the
Park. Lessee shall not install any
exterior lighting, shades or awnings or any
exterior decorations or paintings,
or build any fences or make any changes to
the exterior portions of the Premises
without Lessor's consent. Any signs or
symbols so placed on the Premises shall
be removed by the Lessee at the termination
of this Lease and the Lessee shall
repair any related damage or injury to the
Premises. If not so removed by
Lessee, the Lessor may have the same
removed and repairs performed at Lessee's
expense.
19. Displays of Merchandise. Lessee shall
not keep or display any merchandise
on, or otherwise obstruct, any street,
loading platforms or areaways adjacent to
the Premises, except that Lessee may store
products, materials or merchandise in
a neat and orderly manner in the area
between the south wall of
<PAGE>
Building #7 and the rail line immediately
south of Building #7. Lessee shall not
otherwise store products, materials or
merchandise in any areas outside of the
Premises, provided that Lessee may, with
Lessor's prior approval, such approval
not to be unreasonably withheld or delayed,
display its products at the primary
entrance to Building #7, but not in such a
way as to obstruct any street,
platform or common areas.
20. Streets, Parking Areas and Rules.
Lessor shall keep the streets 20 feet on
each side of the center lines and areas
used in common by the tenants of the
Park, as designated by Lessor from time to
time, in reasonable repair and
condition, including such snow removal as
Lessor may reasonably deem necessary
for normal access to the Premises. Lessor
reserves the right to promulgate such
reasonable rules and regulations relating
to the use of the streets and parking
areas within the Park as it may deem
appropriate and for the best interests of
all tenants and Lessee agrees to abide by
such rules and to cooperate in the
observance thereof. Such rules and
regulations shall be binding upon Lessee upon
delivery of a copy thereof to Lessee. Such
rules and regulations may be amended
by Lessor from time to time with or without
advance notice and all such
amendments shall be effective upon the
delivery of a copy thereof to Lessee,
provided that such rules and regulations
shall not be amended in such a way as
to impose an unreasonable financial burden
on Lessee. Lessee shall not obstruct
any portion of the common areas. Any
violation of such rules and regulations by
Lessee, its officers, agents, employees or
invitees will constitute a breach of
this Lease and entitle the Lessor to claim
a default in the same manner and to
the same extent as any other default under
the Lease. Lessee shall comply with
all rules and regulations of the applicable
fire district or other governmental
entities having jurisdiction over the
Premises.
21. Access. Lessor shall have free access
to the Premises at all reasonable
times for purposes of inspecting of the
same or of making repairs, additions or
alterations to said Premises but this right
shall not constitute or be construed
as an agreement on the part of Lessor to
make any repairs, additions or
alterations, except such as Lessor is
obligated to make. Lessor shall have the
right to place and maintain "For Rent"
signs in a conspicuous place or places on
the Premises and to show the Premises to
prospective tenants for 90 days prior
to the expiration or sooner termination of
this Lease.
22. Utilities. Lessee shall pay all charges
for light, heat, water, gas, sewage,
telephone and aquifer protection and other
utilities which shall be provided to,
or charged against, the Premises. In the
event that electricity, heat, water,
telephone or other utilities are furnished
through Lessor, Lessee shall pay
Lessor therefore according to Lessee's use
thereof at the rates established
therefore by Lessor, said rates to be no
higher, however, than those which
Lessee would be required to pay a
third-party provider an available public
utility company if it directly furnished
such service to Lessee.
23. All Charges Deemed Rent. All costs,
expenses, and other charges which the
Lessee assumes or agrees to pay
pursuant
