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LEASE BY AND BETWEEN GLENN DALE BUSINESS CENTER, L.L.C., LANDLORD

Lease Agreement

LEASE BY AND BETWEEN GLENN DALE BUSINESS CENTER, L.L.C., LANDLORD | Document Parties: TVI CORP | GLENN DALE BUSINESS CENTER, L.L.C You are currently viewing:
This Lease Agreement involves

TVI CORP | GLENN DALE BUSINESS CENTER, L.L.C

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Title: LEASE BY AND BETWEEN GLENN DALE BUSINESS CENTER, L.L.C., LANDLORD
Governing Law: Maryland     Date: 3/14/2006

LEASE BY AND BETWEEN GLENN DALE BUSINESS CENTER, L.L.C., LANDLORD, Parties: tvi corp , glenn dale business center  l.l.c
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Exhibit 10.7

LANDLORD:

GLENN DALE BUSINESS CENTER, L.L.C.

TENANT:

TVI CORPORATION, a Maryland Corporation

 


LEASE

 


Dated:

February 16, 1998

GLENN DALE BUSINESS CENTER

Trade Name: TVI Corporation


LEASE BY AND BETWEEN

GLENN DALE BUSINESS CENTER, L.L.C., LANDLORD

and TVI CORPORATION, TENANT

TABLE OF CONTENTS

 

 

 

 

 

 

1.

  

Payment of Rental

  

1

2.

  

Use

  

1

3.

  

Utilities

  

2

4

  

Assignment and Subletting

  

2

5.

  

Loading Capacity

  

3

6.

  

Increase in Landlord’s Insurance Rates

  

3

7.

  

Insurance Indemnification

  

3

8.

  

Alterations

  

4

9.

  

Ownership of Alterations

  

4

10

  

Repairs and Maintenance

  

4

11.

  

Tax Escalation

  

5

12.

  

Default

  

6

13.

  

Total or Partial Destruction

  

7

14.

  

Possession

  

7

15.

  

Exterior of Premises — Signs

  

7

16.

  

Relocation

  

8

17

  

For Rent/Sale Signs

  

8

18.

  

Right of Entry

  

8

19.

  

Termination of Term

  

8

20.

  

Condemnation

  

8

21.

  

Subordination/Estoppel/Non-Disturbance

  

8

22.

  

Attornment

  

9

23.

  

Parking and Common Area

  

9

24.

  

Compliance with Laws

  

10

25.

  

Notices

  

11

26.

  

Non-Waiver

  

11

27.

  

Successors and Assigns

  

11

28.

  

Security Deposit/Construction

  

12

29.

  

Accord and Satisfaction

  

12

30.

  

Notices to Mortgagee

  

12

31.

  

Estoppel Certificate

  

13

32.

  

Mechanic’s Liens

  

13

33.

  

Waiver of Jury Trial and Right to Counterclaim

  

13

34.

  

Brokerage

  

13

35.

  

Tenant Representative

  

13

36.

  

No Offer

  

13

37.

  

Tenant’s Right To Audit

  

13

38.

  

Miscellaneous

  

14

EXHIBITS

Exhibit A – Plat of Premises

Exhibit B - Construction Specifications

Exhibit C - Common Facilities


THIS LEASE Made this 16 th day of February, 1998, by and between GLENN DALE BUSINESS CENTER, L.L.C. by Continental Realty Corp., Agent, having an address at 17 West Pennsylvania Avenue, Towson, Maryland 21204, (hereinafter called “Landlord”) and TVI CORPORATION, a Maryland corporation. having an address at 7100 Holiday Tyler Road, Glenn Dale Business Center, Glen Dale, Maryland 20769, (herein after called “Tenant”).

WITNESSETH, that in consideration of the rental hereinafter agreed upon and the performance of all the conditions and covenants hereinafter set forth on the part of the Tenant to be performed, the Landlord does hereby lease unto the said Tenant, and the latter does lease from the former, the following Premises (hereinafter sometimes called the “Premises”):

BEING all those Premises crosshatched and outlined on the Plat attached hereto as Exhibit A, which Premises shall be deemed to contain approximately 17,000 square feet, lower level office pod, said Premises being located within a building known as Glenn Dale Business Center, 7100 Holiday Tyler Road, Glen Dale, Maryland 20769, which building contains approximately 310,000 square feet (“Floor Space”),

for the term of five (5) years; beginning on April 1, 1998 (“Commencement Date”), and ending on the last day of March, 2003 at and for the annual rent of Four Dollars and No Cents ($4.00) per square foot or Sixty Eight Thousand ($68,000.00) Dollars per annum, payable in advance, in equal monthly installments, as follows: Five Thousand Six Hundred Sixty Six Dollars and Sixty Seven Cents ($5,566.67), per month on the first day of each and every month during the term of this Lease, without setoff, recoupment, or deduction, for the first year of the Lease; thereafter, effective each April 1 of the term, rent shall increase per annum by three percent (3%) over the rent payable for the preceding lease year. If the term of this Lease shall commence on a date other than the first day of a month, the rental for the period from the date of commencement of the term to the first day of the next full calendar month of the term shall be prorated and shall be payable on the first day of the term; if the term of this Lease shall end on a date other than the last day of month, the rent for the period from the first day of the last month of the term to the date the term ends shall be prorated and shall be payable on the first day of the last month of the term.

Tenant hereby represents and warrants to Landlord that Tenant has made its own investigation and examination of all the relevant data relating to or affecting the Premises and is relying solely on its own judgment in entering into this Lease; specifically, and without limitation, Tenant represents and warrants to Landlord that Tenant has had an opportunity to measure the actual dimensions of the Premises and agrees to the square footage figures set forth hereinabove for all purposes of this lease (except in the event of a condemnation or casualty that decrease the size of the Premises as more fully provided elsewhere in this Lease).

All rentals shall by paid to Landlord at: P.O. Box 10147, Baltimore, Maryland 21285, or at such other place or to such appointee of the Landlord as Landlord may from time to time designate in writing.

THIS LEASE IS MADE SUBJECT TO THE FOLLOWING ADDITIONAL TERMS, COVENANTS AND CONDITIONS:

1. PAYMENT OF RENTAL. Tenant covenants and agrees to pay the rental herein reserved and each installment thereof promptly when and as due, without setoff, recoupment or deduction whatsoever, except as specifically set forth herein.

2. USE . Tenant covenants to use the Premises for the purpose of manufacturing, warehouse, and incidental office use related to its operation as a manufacturing facility, making specialty tents, enclosures, and related products (the “Permitted Use”) and for no other purpose or purposes. Tenant shall operate the Premises in the name of TVI Corporation and under no other name or trade name unless approved in writing by Landlord, which approval shall not be unreasonably withheld.

Tenant agrees to comply with all applicable zoning and other laws, regulations, and requirements of governmental authorities and provide and install at its own expense any additional equipment or alterations required to comply with all such laws, regulations and requirements as may be promulgated from time to time. In addition, if Tenant adds a new function to its operations or changes the use set forth in this Paragraph 2, even with if with Landlord’s consent, Tenant agrees further to comply with any and all requirements of Landlord’s insurance carrier(s) and applicable law(s).


3. UTILITIES. Landlord anticipates that it will, within six (6) months of the commencement of this Lease, meter or sub-meter Tenant’s utilities so that Tenant will pay based on sub-meter readings to Landlord or, based on meter readings directly to the utility company. Until the utilities are successfully split out, however, Tenant agrees to pay, as additional rent, its fair share of the water/rent/sewer charges billed to Landlord, which “fair share” shall be reasonably determined by Landlord.

(a) Water/Sewer. Once Tenant is sub-metered, Tenant shall permit Landlord access to the Premises, at least one (1) time each month, for the purpose of reading the sub-meter. Within thirty (30) days after receipt of written notice from Landlord, Tenant shall pay to Landlord all costs associated with Tenant’s usage of utilities within the Premises, as determined by Landlord in its reasonable discretion.

(b) Gas and Electricity. Until Landlord is able to separately meter the gas and electric service in the building so that each tenant has its own meter or sub-meter to measure its gas and electrical usage, Tenant agrees to pay as additional rent its “fair” share of the gas and electricity charges billed total building which fair share shall be reasonably determined by Landlord. When Tenant’s gas and electrical service is separately metered or sub-metered, Tenant agrees to pay as additional rent all gas and electrical service charges for the Premises based on its meter or sub-meter readings, directly to the utility company in the event of a separate meter being provided, or to the Landlord promptly after Landlord bills the Tenant, in the event of a sub-meter.

(c) Miscellaneous. In addition to the preceding, Tenant shall pay all costs of telephone and any other utilities used and consumed on the Premises, or by the Tenant for Tenant’s operations, together with all taxes, levies or other charges on such utilities, either directly to the utility supplying said services or to the Landlord, if the Landlord supplies said services to Tenant.

Wherever Landlord is required to bill Tenant for any utilities’ charges, Tenant agrees that it shall pay Landlord within thirty (30) days of its receipt of Landlord’s billing, and said charges shall be deemed to be additional rent due.

Landlord shall have the right at anytime and from time to time during the Lease term to either contract for service from a different company or companies providing electric service or gas service or other utilities or to continue to contract for service from the service provider currently providing service (variously, “Utility Service Provider”). In conjunction therewith, Tenant shall cooperate with Landlord and Utility Service Provider at all times and, as reasonably necessary, shall allow Landlord and/or Utility Service Provider reasonable access to the building’s electric lines, feeders, risers, wiring, plumbing lines, and any other machinery or equipment located within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense Tenant may incur or sustain by reason of change, failure, interference, disruption, or defect in the supply or character of the electric energy or gas service or other utility service furnished to the Premises, or if the quantity or character of the electric energy or gas service or other utility service supplied by Utility Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligation under the Lease. Landlord shall use its best efforts to minimize disruption to Tenant’s use of the Premises.

4. ASSIGNMENT AND SUBLETTING

(a) Tenant covenants and agrees not to assign this Lease, in whole or in part, nor sublet the Premises, or any part or portion thereof, nor grant any license or concession for all or any part thereof, without the prior written consent of the Landlord in each instance first had and obtained, which consent shall not be unreasonably withheld. If such assignment or subletting is permitted, Tenant shall not be relieved from any liability whatsoever under this Lease. In the event that the amount of the rent or other consideration to be paid to the Tenant by any assignee or sublessee is greater than the rent required to be paid by the Tenant to the Landlord pursuant to this Lease, Tenant shall pay to Landlord any such excess as is received by Tenant from such assignee or sublessee. An assignment for the benefit of Tenant’s creditors otherwise by operation of law shall not be effective to transfer to assign Tenant’s interest under this Lease unless Landlord shall have first consented thereto in writing.

(b) In the event this Lease contains a renewal option exercisable by Tenant, Landlord’s consent to an assignment or sublease of the Premises or any portion thereof during the original Lease term shall be deemed to be conditioned upon the agreement of Tenant and such assignee or sublessee that such renewal right or option shall terminate and be of no further force or effect unless Landlord’s consent to such assignment or sublease expressly provides otherwise.

 

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(c) In the event Tenant desires to assign this Lease or to sublease all or any substantial portion of the Premises, Landlord shall have the right and option to terminate this Lease, which right or option shall be exercisable by written notice from Landlord to Tenant within thirty (30) days from the date Tenant gives Landlord written notice of its desire to assign or sublease.

5. LOADING CAPACITY . Tenant covenants and agrees that it shall not load the Premises beyond its present carrying or loading capacity.

6. INCREASE IN LANDLORD’S INSURANCE RATES . Tenant will not do, or suffer to be done, anything in or about the Premises, or keep or suffer to be kept, anything in or about the Premises which will contravene or affect any policy of insurance, now existing or which the Landlord may hereafter place there on, or which will prevent the Landlord from procuring such policies in companies acceptable to Landlord at standard rates. Tenant will, at Tenant’s sole expense, take all such actions and make any installations or alterations as may be necessary to obtain the greatest possible reduction in the insurance rates for the Premises and the building in which the Premises are located, caused by the occupancy of Tenant, the nature of the business carried on by Tenant in the Premises, or otherwise resulting from any act of Tenant, its agents, servants, employees or customers.

7. INSURANCE INDEMNIFICATION

(a) Tenant shall maintain the following insurance: (i) comprehensive general public liability insurance in respect of the Premises and the conduct and operation of Tenant’s business therein, with Landlord as an additional named insured and at Landlord’s written request with the lessor or any ground or underlying lease of all or any part of the Premises as additional named insured, with limits of not less than $1,000,000 for bodily injury or death to any one person, $2,000,000 for bodily injury or death to any number of persons in any one occurrence, and $1,000,000 for property damage, including water damage and sprinkler leakage legal liability, (if sprinklered); (ii) steam boiler, air conditioning, and machinery insurance, if applicable, protecting Landlord and Tenant, with limits of not less than $500,000, but only if there is a boiler or pressure object or other similar equipment in the Tenant’s Premises; (iii) fire insurance with extended coverage and broad form all risk endorsement covering all of Tenant’s stock and trade, fixtures, furnishings, floor coverings, equipment, signs, and all other property belonging to Tenant or entrusted to Tenant or demised hereby, including installations and improvements of Tenant made in, on or about the Premises in any amounts required by any lender, but not less than the full insurable replacement value of the property covered and out less than the amount sufficient to avoid the effect of the co-insurance provisions of the applicable policy or policies; (iv) business interruption insurance in an amount sufficient to meet any co-insurance requirements, but in no event less than the equivalent of twelve (12) month’s rent (unless Landlord provides rental insurance and bills Tenant for it pursuant to Tenant’s obligations to pay increases in Landlord’s costs of insuring the building, as set forth in Paragraph 23(c)). Tenant shall deliver to Landlord such fully paid for polices or certificates of insurance at least ten (10) days before the Commencement Date of this Lease. Tenant shall procure and pay for renewal of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional named insured(s) such renewal policy at least thirty (30) days before the expiration of any existing policy. If Tenant fails to comply with any portion of this provision, Landlord may, but shall not be obligated to, obtain insurance for Tenant and keep same in effect and Tenant shall pay Landlord all costs incurred, upon demand, plus 15% for overhead/administrative expenses. Landlord shall not be liable for any damage or loss arising from the bursting, overflowing, or leaking of the roof or of water, sprinkler, sewer, or steam pipes, or for malfunctioning heating, air conditioning or plumbing fixtures or from electric wire or fixtures or arising from any other cause whatsoever, unless caused by Landlord’s negligent or willful misconduct.

(b) Tenant shall and does hereby indemnify and save harmless Landlord, its successors or assigns, from all claims and demands of every kind, that may be brought against it, them or any of them for or on account of any damage, loss or injury to persons or property in or about the Premises or the building and appurtenances in which the Premises are situated, arising from or out of Tenant’s use or occupancy thereof occasioned wholly or in part by any act or omission of Tenant, its agents, servants, contractors, employees or invitees, and from any and all costs and expenses, counsel fees, and other charges which may be imposed upon Landlord, its successors or assigns, or which it or they may be obligated to incur in consequence thereof. All personal property and fixtures in the Premises shall remain at Tenant’s sole risk. Tenant shall insure such property and fixtures against loss or damage by fire and casualties ordinarily included in the extended coverage endorsement in use in Maryland in an amount equal to 100% of the replacement value thereof.

 

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(c) Landlord may, in its reasonable business judgment, maintain insurance on the property including but not limited to equipment and systems in or pertaining to the building or property and including but not limited to public liability insurance, property damage insurance, automobile insurance, sign insurance, fire and extended coverage insurance, rent insurance, boiler liability and casualty insurance, flood and earthquake insurance, and plate glass insurance. For any insurance maintained by Landlord with respect to the property and/or its equipment, Tenant agrees to pay as additional rent Tenant’s proportionate share of said premiums for any insurance carried on the property or any portion thereof. If this Lease shall be in effect for less than a full insurance year, Tenant shall pay its proportionate share of any insurance premiums based upon the number of months that this Lease is in effect. For purposes of calculating Tenant’s “proportionate share”, the insurance premium bill will be multiplied by a fraction, the numerator of which shall be the Floor Space of the Tenant’s Premises, and the denominator of which shall be the leaseable Floor Space of the building. All computations shall be made in accordance with generally accepted accounting principles and the “Floor Space” referred to herein will be based upon the Floor Space occupied or ready for occupancy (whether or not leased) on the first day of each month during the period in question. The Floor Space of the building at the time of the Lease execution is 310,000 square feet. Any payment due hereunder shall be deemed to be additional rental pursuant to this Lease and shall be paid within (10) days of Landlord’s billing.

8. ALTERATIONS. Tenant shall not make any structural or non-structural alterations to the Premises, or any part thereof, without prior written consent of Landlord in each instance first had and obtained. If Tenant shall desire to make such alterations, plans for the same shall first be submitted to and approved by Landlord, and all work and installations shall be performed by Tenant at its own expense in accordance with approved plans. Tenant agrees that all such work shall be done in a good and workmanlike manner, that the structural integrity of the building shall not be impaired, and that no liens shall attach to the Premises by reason thereof. Tenant agrees to obtain, at Tenant’s expense, all permits required for such alterations.

9. OWNERSHIP OF ALTERATIONS. Unless Landlord shall elect that all or part of any alteration made by Tenant to the Premises (including any alterations consented to by Landlord pursuant to Paragraph 8 hereof) shall remain on the Premises after the termination of this Lease, the Premises shall be restored to their original condition by Tenant before the expiration of this Lease at Tenant’s sole expense. Upon such election by Landlord, any such alterations, improvements, betterments or mechanical equipment, including but not limited to, heating and air conditioning systems, shall become the property of the Landlord at the expiration or sooner of the termination of this Lease, and all right, title and interest thereof of Tenant shall immediately cease, unless otherwise agreed to in writing by Landlord.

Tenant shall repair promptly, at its own expense, any damage to the Premises caused by bringing into the Premises any property for Tenant’s use, or by the installation or removal of such property, regardless of fault or by whom such damage shall be caused.

10. REPAIRS AND MAINTENANCE.

(a) The Premises hereby leased, are leased to Tenant “As Is,” except as specifically provided in Exhibit B. Further, except as herein expressly provided, Landlord shall be under no liability, nor have any obligation to do any work or make any repairs in or to the Premises, and any work which may be necessary to outfit the Premises for Tenant’s occupancy or for the operation of Tenant’s business therein is the sole responsibility of Tenant and shall be performed by Tenant at its own cost and expense. Tenant acknowledges that it has fully inspected the Premises prior to the execution of this Lease, and Tenant further acknowledges that Landlord has made no warranties or representations with respect to the condition or state of repairs of the Premises.

(b) Tenant will, during the term of this Lease, keep the Premises and appurtenances (including windows, doors, plumbing, heating and electrical facilities and installations), in good order and repair and will make all necessary repairs thereof at its own expense, except that Landlord will make all necessary repairs (except painting) to the exterior walls and roof of the building, after being notified in writing by Tenant of the need for such repairs, and shall have a reasonable time in which to complete such repairs. Landlord hereby warrants to Tenant that the HVAC system shall he in good working order for the first year of the Lease Term. Landlord agrees to make any major repairs or replacements to the HVAC system necessary during that year which cost in excess of $500.00 so long as such repair or replacement is not necessitated by Tenant’s negligence or intentional misconduct. Tenant shall be responsible for all day to day maintenance of the HVAC system. Tenant agrees to carry a maintenance and/or service agreement

 

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or policy on the HVAC system in the Premises. Tenant shall provide Landlord with a copy of such policy or certificate evidencing such coverage. In the event that the repairs required to be made by Landlord are necessitated as a result of negligence or misuse by Tenant, its agents, servants, employees, licensees or guests, or by any contractor engaged by or on behalf of Tenant, such repairs shall be made by and be paid for by Tenant.

Tenant will, at the expiration of the term or at the sooner termination, deliver up the Premises in the same good order and condition as they were at the beginning of the tenancy, reasonable wear and tear and damage by casualty excepted, (where Lease is terminated due to the casualty provision of this Lease). In addition, Tenant must remove all of its trade fixtures and equipment and must fill any and all holes in the floor after removing said trade fixtures and equipment, topping the filled holes with a six inch concrete cap, reinforced with a reinforced steel rebar. Moreover, the Premises must be broom swept and clean and any office area cleaned and straightened out.

Tenant further agrees that it will maintain the Premises at its own expense in a clean, orderly and sanitary condition, free of insects, rodents, vermin and other pests; and that it will not permit undue accumulation of garbage, trash, rubbish or other refuse, but will remove the same an its own expense and will keep such refuse in proper containers inside the Premises until removed. At any time after the commencement of this Lease, Landlord may designate areas outside the Premises for storage of Tenant refuse/garbage. In the event of any Tenant default pursuant to this obligation, Tenant specifically agrees that Landlord can have Tenant’s garbage, trash, rubbish or other refuse removed and Tenant will be required to pay, as additional rental, any costs which Landlord incurs in said removal plus fifteen percent (15%) Landlord administrative/overhead expenses. Tenant further agrees that it will not install any additional electrical wiring or plumbing unless it has first obtained Landlord’s written consent thereto, and, if such consent is given, Tenant will install the same at its own cost and expense, and Tenant shall obtain, at Tenant’s expense, all permits required for such installation.

(c) In the event Tenant shall not proceed promptly and diligently to make any repairs or perform any obligation imposed upon it by subparagraphs (a) and (b) hereof within forty-eight (48) hours, after receiving written notice from Landlord to make such repairs or perform such obligation, then and in such event, Landlord may, at its option, enter the Premises and do and perform the things specified in said notice, without liability on the part of Landlord for any loss or damage resulting from any such action by Landlord, and Tenant agrees to pay promptly upon demand any cost or expense incurred Landlord in taking such action.

(d) Tenant shall keep all of its Premises sufficiently heated during freezing weather in order to keep any water pipes in the Premises or serving the Premises from freezing.

(e) If governmental regulations require recycling of any on all of the trash generated in the Premises, Tenant hereby agrees to participate in any recycling program and to assume any obligation for recycling which may be imposed upon Landlord as the property owner, with respect to the refuse, garbage and trash generated by the Premises’ operation.

11. TAX ESCALATION . As of the Commencement Date of this Lease, the Premises hereby leased comprise approximately five and forty eight/hundredths of a percent (5.48%) of the total land and/or buildings within which the Premises are located. Tenant agrees to pay as additional rent, within thirty (30) days of Landlord billing, Tenant’s proportionate share of any real estate taxes assessed against the land and/or building, as improved. Real estate taxes shall be deemed to include any taxes assessed against the land and/or buildings generally, and not resulting from improvements placed therein by Tenant. In the event of any increases in real estate taxes resulting from improvements, alterations or additions made by Tenant, Tenant shall pay one hundred percent (100%) of the amount of said increase. If this Lease shall be in effect for less than a full fiscal year, Tenant shall pay its proportionate share of the taxes, based upon the number of months that this Lease is in effect. For purposes of calculating Tenant’s “proportionate share”, the real estate tax bill with be multiplied by a fraction, the numerator of which shall be the Floor Space of the Tenant’s Premises, and the denominator of which shall be the leasable Floor Space of the building. All computations shall be made in accordance with generally accepted accounting principles and the “Floor Space” referred to herein will be based upon the Floor Space occupied or ready for occupancy (whether or not leased) on the first day of each month during the period in question. Any payment due hereunder shall be deemed to be additional rental pursuant to this Lease and shall be paid within thirty (30) days of Landlord’s billing. “Taxes” or “real estate taxes” as used herein shall include, but not by way of limitation, all paving taxes, special paving taxes, Metropolitan District [BALANCE INTENTIONALLY LEFT BLANK]

 

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Charges, and any and all other benefits or assessments which may be levied on the Premises or the land and/or building(s) in which the same are situate, as well as any and all costs or fees incurred by Landlord in contesting any real estate tax assessment, but shall not include any income tax on the income or rent payable hereunder.

12. DEFAULT

(a) Any of the following events shall constitute a default by Tenant:

(i) If the rent (basic or additional) shall be in arrears, in whole or in part; or

(ii) If Tenant shall have failed to perform any other term, condition or covenant of this Lease on its part to be performed for a period of ten (10) days after notice of such failure by Landlord; or

(iii) If the Premises are vacant, unoccupied or deserted for a period of fifteen (15) days or more at any time during the term; or

(iv) If Tenant is adjudicated a bankrupt or insolvent by any court of competent jurisdiction, or if any such court enters any order, judgment or decree finally approving any petition against Tenant seeking reorganization, liquidation, dissolution or similar relief or if a receiver, trustee, liquidator or conservator is appointed for all or substantially all of Tenant’s assets and such appointment is not vacated within thirty (30) days after the appointment, or if Tenant seeks or consents to any of the relief herein above enumerated in this subparagraph (iv) or files a voluntary petition in bankruptcy or insolvency or makes an assignment of all or substantially all of its assets for the benefit of creditors or admits in writing of its inability to pay its debts generally as they become due or files Articles of Dissolution, or similar writing indicating its intention to wind up or liquidate its business, with the appropriate authority of the place of its incorporation; or

(v) If Tenant’s leasehold interest under this lease is sold under execution, attachment or decree of court to satisfy any debt of Tenant, or if any lien (including a mechanic’s lien) is filed against Tenant’s leasehold interest and is not discharged within ten (10) days thereafter.

(b) In the event of default as defined in paragraph (a) hereof, Landlord, in addition to any and all legal and equitable remedies it may have, shall have the following remedies:

(i) To distrain for any rent or additional rent in default; and

Intentionally deleted.

Not withstanding any such reentry and/or termination, Tenant shall immediately be liable to Landlord for the sum of the following: (a) all rent and additional rent then in arrears, without apportionment to the termination date, including but not limited to Tenant’s contribution to taxes and utilities under Paragraphs 3 and 11 and Tenant’s contribution to common area costs under Paragraph 23 for the year of termination; (b) all other liabilities of Tenant and damages sustained by Landlord as a result of Tenant’s default, including, but not limited to, the reasonable costs of reletting the Premises and any broker’s commissions payable as a result thereof; (c) all of Landlord’s costs and expenses (including reasonable counsel fees) in connection with such default and recovery of possession; (d) the rent and additional rent reserved under this Lease at the times herein stipulated for payment of rent and additional rent for the balance of the term, less any amount received by Landlord during such period from others to whom the Premises may be rented on such terms and conditions and at such rentals as Landlord, in its sole discretion, shall deem proper; and (e) any other damages recoverable by law. In the event Landlord brings any action against Tenant to enforce compliance by Tenant with any covenant or condition of this Lease, because of Tenant’s default in performing any such covenant or condition, Tenant shall pay to Landlord all costs and expenses incurred by Landlord and bringing and prosecuting such action against Tenant, including reasonable attorneys’ fees.

(c) In the event Tenant fails to pay Landlord any rental payment or other charge due hereunder within ten (10) days from the date on which such payment was due, Landlord may, an its option, charge Tenant a late charge equal to ten percent (10%) of the rental payment or other such charge, which late charge shall be collectible as additional rent and shall be payable by Tenant to Landlord after written notice from Landlord to Tenant assessing the same. In addition, Tenant shall be liable for an administrative charge of Twenty-Five Dollars ($25.00) for each check or draft which is not honored by the drawee for any reason.

 

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13. TOTAL OR PARTIAL DESTRUCTION.

(a) Tenant shall give prompt notice to Landlord in case of any fire or other damage to the Premises. If (i) the Premises shall be damaged by fire or other occurrence to the extent of more than seventy-five (75%) of the cost of replacement thereof, or (ii) if the entire building shall be damaged by fire or other occurrence to the extent of more than seventy-five percent (75%) of the aggregate cost of replacement of the entire building, or (iii) the building shall be damaged by fire or other occurrence and the loss shall not be covered by Landlord’s insurance or the net insurance proceeds (after deducting all expenses in connection with obtaining same) shall, by reasonable anticipation, be insufficient to pay for the repair or restoration work to be done by Landlord, or (iv) the Premises shall be damaged by fire or other occurrence to the extent of more than fifty percent (50%) of the cost of replacement thereof during the last two (2) years of the term, then in any such event Landlord may terminate this Lease by notice given within ninety (90) days after such event and upon the date specified in such notice, which shall be not less than thirty (30) days nor more than sixty (60) days after the giving of said notice, this Lease shall terminate. If the Premises shall be damaged by fire or other casualty to the extent of more than fifty (50%) percent of the cost of replacement thereof during the last two years of the term, Tenant may terminate this Lease by notice given before Landlord commences any repair or restoration work and in any event within thirty (30) days after such damage, and this Lease shall terminate upon the giving of such notice.

(b) If this Lease shall not be terminated after damage by fire or other casualty pursuant to the preceding sub-paragraph, Landlord and Tenant shall, promptly after receipt of insurance proceeds for such damage and to the extent that insurance proceeds are available, proceed with the restoration of the Premises and the building to substantially the condition in which the same existed prior to the damage with such changes or additions as Land


 
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