Back to top

EXHIBIT 10.48 LEASE AGREEMENT BETWEEN CORPOREX KEY LIMITED PARTNERSHIP NO. 8 LANDLORD AND CROSS COUNTRY SEMINARS, INC.

Limited Partnership Agreement

EXHIBIT 10.48     LEASE AGREEMENT   BETWEEN   CORPOREX KEY LIMITED PARTNERSHIP NO. 8   LANDLORD   AND   CROSS COUNTRY SEMINARS, INC. | Document Parties: CROSS COUNTRY SEMINARS, INC. You are currently viewing:
This Limited Partnership Agreement involves

CROSS COUNTRY SEMINARS, INC.

. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here.
Title: EXHIBIT 10.48 LEASE AGREEMENT BETWEEN CORPOREX KEY LIMITED PARTNERSHIP NO. 8 LANDLORD AND CROSS COUNTRY SEMINARS, INC.
Governing Law: Tennessee     Date: 3/16/2005
Industry: Business Services     Sector: Services

EXHIBIT 10.48     LEASE AGREEMENT   BETWEEN   CORPOREX KEY LIMITED PARTNERSHIP NO. 8   LANDLORD   AND   CROSS COUNTRY SEMINARS, INC., Parties: cross country seminars  inc.
50 of the Top 250 law firms use our Products every day

 

 

                                                                   EXHIBIT 10.48

 

 

 

                                 LEASE AGREEMENT

 

                                     BETWEEN

 

                     CORPOREX KEY LIMITED PARTNERSHIP NO. 8

 

                                     LANDLORD

 

                                       AND

 

                          CROSS COUNTRY SEMINARS, INC.

 

                                     TENANT

 

 

 

<PAGE>

 

                                TABLE OF CONTENTS

 

1.        PREMISES

2.        NON-EXCLUSIVE PARKING

3.        TERM

4.        CONDITION OF AND IMPROVEMENTS TO LEASED PREMISES

5.        OCCUPANCY PRIOR TO TERM

6.        CONTINUANCE OF OCCUPANCY

7.        SECURITY DEPOSIT

8.        BASE RENT

9.        ESCALATION OF BASE RENT

10         AITIONAL RENT

11.       MAINTENANCE OF COMMON AREAS; UTILITIES

12.       TAXES AND ASSESSMENTS

13.       INSURANCE

14.       FIRE OR OTHER CASUALTY

15.       USE OF LEASED PREMISES

16.       REPAIRS

17.       ALTERATIONS

18.       FIXTURES AND UNAUTHORIZED USE OF PREMISES

19.       WINDOW COVERINGS AND SIGNAGE

20.       INTERRUPTION OF SERVICE

21.       INDEMNIFICATION

22.       WARRANTY OF QUIET ENJOYMENT

23.       ASSIGNMENT AND SUBLETTING

24.       EMINENT DOMAIN

25.       NOTICES

26.       REDELIVERY OF PREMISES

27.       DEFAULT; REMEDIES UPON DEFAULT

28.       HOLDING OVER

29.       RIGHTS RESERVED BY LANDLORD

30.       BROKER'S COMMISSION

31.       ESTOPPEL CERTIFICATE

32.       LANDLORD'S LIABILITY

33.       INCORPORATION OF PRIOR AGREEMENTS; AMENDMENTS

34.       WAIVERS

35.       SEVERABILITY

36.       RECORDING

37.       CUMULATIVE REMEDIES

38.       INTEREST ON PAST DUE OBLIGATIONS

39.       BINDING EFFECT

40.       SUBORDINATION

 

<PAGE>

 

TABLE OF CONTENTS PAGE TWO

 

41.        AUTHORITY

42.        CONFLICT

43.        GOVERNING LAW; FORUM

44.        MECHANIC'S LIEN

45.        FINANCIAL STATEMENTS

46.        JOINT VENTURE

47.        HAZARDOUS SUBSTANCES

48.        ADDITIONAL EXHIBITS

 

                                    EXHIBITS

                                    --------

 

A.         LEASED PREMISES

B.          DEVELOPED PARCEL

C.          ALTERATIONS AND IMPROVEMENTS

D.          SCHEDULE OF RENT

E.          NOT APPLICABLE

F.          RULES AND REGULATIONS

G.         GUARANTY OF LEASE

 

 

<PAGE>

 

                                 LEASE AGREEMENT

                             CORPOREX BUSINESS PARK

                              NASHVILLE, TENNESSEE

 

THIS LEASE AGREEMENT, hereinafter known as the "Lease," entered into effect this

28th day of August, 2003, at Corporex Business Park, Nashville Tennessee between

CORPOREX KEY LIMITED PARTNERSHIP NO. 8, a Kentucky Limited Partnership, which

has a place of business at 100 E. RiverCenter Boulevard, Suite 1100 Covington,

Kentucky 41011-1602, hereinafter known as "Landlord," and Cross Country

Seminars, Inc., a Delaware corporation, whose principal place of business is

1645 Murfreesboro Road, Suite J, Nashville, Tennessee 37217 hereinafter known as

"Tenant."

 

                                   WITNESSETH:

 

In consideration of the rent hereafter reserved and the covenants herein

contained, each party to this Lease hereby agrees:

 

(1)   PREMISES:

     ---------

 

         Landlord does hereby lease and demise to the Tenant and Tenant does

         hereby take and rent from Landlord, the following Leased Premises:

 

         Approximately Nine Thousand Seventy (9,070) square feet of the first

         floor of Corporex Business Park, Building "A," located at 1645

         Murfreesboro Road, Suite J, Nashville, Tennessee 37217. That portion

         which is leased to Tenant is designated in red on the floor plan

         attached as Exhibit "A" and is hereinafter known as the "Leased

         Premises." The entire building, of which the Leased Premises form a

         part, is hereinafter known as the "Building." The Building, and other

         buildings which comprise Corporex Business Park, are situated upon a

         tract of land hereinafter known as the "Developed Parcel," which is

         more particularly described in Exhibit "B."

 

(2)       NON-EXCLUSIVE PARKING:

         ----------------------

       

         Landlord hereby grants to Tenant the right to use the off street

         parking located on the Developed Parcel surrounding the Building in a

         manner conducive to good business practice whereby Tenant uses parking

         spaces at no charge on a non-exclusive basis in common with other

         tenants of the Building. Such parking, in conjunction with the visitors

         parking area, shall be for the use of the Tenant's officers, agents,

         employees, and visitors on a non-reserved basis. Tenant's use of

         parking for employees and guests shall not exceed four (4) parking

         spaces per 1,000 square feet of rented area. Landlord reserves the

         right, however, to designate, for the specific account of Tenant,

         specific parking areas or spaces within the Developed Parcel.

 

<PAGE>

 

         If the Landlord designates a portion of the parking area for employee

         parking, employees of the Tenant shall use that portion of the parking

         area, thereby leaving the remaining parking spaces in the parking area

         open for visitor in and out traffic.

 

(3)       TERM:

         -----

 

         The term of this Lease shall be for Forty-Eight (48) months beginning

         September 1, 2003, and ending on August 31, 2007, subject however to

         the terms of Paragraph (4) and further subject to any of the conditions

         or covenants of this Lease or pursuant to law.

 

(4)       CONDITIONS OF AND IMPROVEMENTS TO LEASED PREMISES:

         --------------------------------------------------

 

         Immediately upon execution of this Lease, Landlord shall commence any

         alterations or improvements to the Leased Premises indicated on Exhibit

          "C." Landlord shall proceed diligently with said work and use its best

         efforts to complete same by September 1, 2003, if this Lease is fully

         executed by August 16, 2003; but, if the alterations or improvements

         are not substantially completed or the Leased Premises be not available

         for occupancy by said date, Tenant shall have no claim against Landlord

         due to such delay, excepting only that the term of this Lease shall not

         commence until the Leased Premises are deemed to be available to

         Tenant, and the term shall expire forty eight months thereafter. The

         Leased Premises shall be deemed to be available to Tenant at the

         earlier of the time when: Tenant accepts premises "As Is."

 

         (a)       the alterations or improvements to be made by Landlord are

                  substantially completed (notwithstanding the necessity of

                  punch list or minor repairs and adjustments still to be made

                  by the Landlord or notwithstanding the Tenant has not

                  completed installation and/or connection of its fixtures

                  and/or equipment); or,

 

         (b)       the Tenant actually occupies the Leased Premises.

 

         Immediately after the actual commencement date of this Lease has been

         determined, if at variance with Paragraph (3), Landlord and Tenant

         shall execute a written instrument fixing the commencement and

         termination dates of this Lease.

 

          Tenants taking possession shall be conclusive evidence that Leased

         Premises were then in good order and satisfactory condition, except for

         the completion of punch list items, if any.

 

         Notwithstanding anything else to the contrary in this Paragraph (4), if

         Landlord is not able to complete alterations or improvements to the

         Leased Premises due to delays caused by Tenant, its employees, agents

         or contractors, the term of this Lease shall not be delayed, but shall

         commence according to Paragraph (3).

 

<PAGE>

 

(5)       OCCUPANCY PRIOR TO TERM

         -----------------------

 

         If permitted by law, landlord may allow Tenant to occupy the Leased

         Premises prior to the commencement of the term stated in Paragraph 3.

         If Tenant occupies the Leased Premises on a day other than the first

         day of the month, the Monthly Base Rent provided for in Paragraph 8 and

         the Additional Rent provided for in Paragraph 10 shall be adjusted and

         prorated so the Tenant shall only pay rent for the actual number of

         days in the month. Tenant shall also comply with all other terms and

         provisions of this Lease in the same manner as if the term had, in fact

          commenced.

 

(6)       CONTINUANCE OF OCCUPANCY:

         -------------------------

 

         It is further agreed by Landlord and Tenant that Tenant shall

         physically occupy the Leased Premises during the entire original term

         and renewal term, if any, inasmuch as Tenant's continued occupancy of

         the Leased Premises and the regular conduct of its business therein are

         of utmost importance to the Landlord in the renewal of other leases in

         the Building, in the renting of vacant space to other tenants and in

         the maintenance of the character and quality of the Building. Thus

         should Tenant move out of the Leased Premises prior to its lease

         expiration without the consent of Landlord, the Tenant shall have

         breached its lease obligation herein and in such case Landlord may

         exercise any and all remedies for default provided by this Lease or by

         law.

 

(7)       SECURITY DEPOSIT:

         -----------------

 

         Tenant shall deposit with Landlord upon execution hereof the sum of

         three thousand two hundred twenty six and 44/100 Dollars ($3,226.44),

         which has been previously deposited with Landlord and will be

         transferred to this Lease, as security for Tenant's faithful

         performance of Tenant's obligations hereunder. If Tenant fails to pay

         rent or other charges due hereunder, or otherwise defaults with respect

         to any provision of this Lease, Landlord may use, apply or retain all

         or any portion of said deposit for the payment of any rent or other

         charge in default or for the payment of any other sum to which Landlord

         may become obligated by reason of Tenant's default, or to compensate

         Landlord for any loss or damage which Landlord may suffer thereby. If

         Landlord so uses or applies all or any portion of said deposit, Tenant

         shall within ten (10) days after written demand therefor deposit cash

         with Landlord in an amount sufficient to restore said deposit to the

         full amount previously stated. Said Security Deposit shall not earn

         interest thereon for the benefit of Tenant. No trust relationship is

         created herein between Landlord and Tenant with respect to said

         Security Deposit.

 

         In the event that Tenant performs all of its obligations hereunder,

         said Security Deposit (or so much thereof as has not been used up and

         applied by Landlord as provided above) shall be returned to Tenant

         after the termination of this Lease, and after an inspection by

         Landlord establishing that Tenant vacated the Leased

 

<PAGE>

 

 

         Premises in substantially the same condition in which it was received

         by Tenant, ordinary wear and tear excepted. The Security Deposit, which

         is returned to Tenant, may, at Landlord's option, be returned to the

         last assignee, if any, of Tenant's interest hereunder.

 

(8)       BASE RENT:

         ----------

 

         (a) As annual base rent for the use and occupancy of the Leased

         Premises during the initial term, Tenant shall pay to Landlord rent

         pursuant to the schedule attached as Exhibit "D."

 

         The annual base rent is to be payable in equal monthly installments,

         ("monthly base rent") in advance on the first day of each and every

         month during the initial or extended term of this Lease, except that

         Tenant shall pay the first installment of monthly base rent upon the

         execution of this Lease.

 

         (b) Tenant agrees to pay as supplemental base rent for the use of said

         Leased Premises an amount equal to ten percent (10%) of any monthly

         base rent payment which is not received by Landlord within five (5)

         days of the date said monthly base rent is due. Said supplemental base

         rent shall be in addition to any other amounts due under this Lease.

 

         (c) If this Lease commences on a day other than the first day of the

         month, the first and last monthly installments of rent provided for in

         Paragraph (8)(a) shall be adjusted and prorated so that Tenant shall

         only pay rent for the actual number of days in the first and last

         months of said term; but for all other months, Tenant shall pay the

         full monthly installment on the first day of each and every month.

 

         (d) Rent shall be mailed by Tenant to Landlord at Landlord's principal

         place of business or at such other place as Landlord may designate in

         writing. Rent shall be payable promptly without deduction or set off or

         prior demand thereof by Landlord. All payments shall be in U.S.

         dollars, in cash or by check, all checks subject to collection.

 

(9)       ESCALATION OF BASE RENT:

         ------------------------

 

         (a) At the beginning of and for each Lease Year, as hereinafter

         defined, commencing with the first month of the second Lease Year, the

         annual base rent (and the corresponding monthly base rent as defined in

         Paragraph (8)(a) and set forth in Exhibit "D") shall be adjusted.

 

         (b) As used herein, the term "Lease Year" means the one year period of

         time commencing on the first day of the term of this Lease, and each

         subsequent anniversary of the first day of the term of this Lease, and

         terminating at midnight of the day preceding the next following

         anniversary of the first day of the term of

 

<PAGE>

 

 

          this Lease; provided, however, that a different Lease Year may be

         defined in Exhibit "D."

 

(10)      ADDITIONAL RENT:

         ----------------

 

         In addition to the amounts imposed in Paragraphs (8) and (9), Tenant

agrees to pay as additional rent for each month during the term of this Lease,

the amounts required by Paragraphs (11), (12) and (13).

 

(11)      MAINTENANCE OF COMMON AREAS; UTILITIES:

         ---------------------------------------

 

         (a) Landlord shall arrange to keep the exterior parking lot, driveways,

         and sidewalks in good condition and repair, clean and free from snow,

         ice, rubbish and other obstructions; provide water and arrange for

         trash removal; arrange periodically for grass cutting, landscaping and

         yard maintenance; and arrange for illumination of the parking lot,

         grounds, and common exterior Building signs serving the Developed

         Parcel. Landlord shall also pay property management fees, licenses,

         permits, inspection fees, and the cost of all labor, contracted labor,

         materials and other services paid or incurred by Landlord in the

         operation and maintenance of the Building and Developed Parcel.

 

         (b) For each calendar year Tenant shall reimburse Landlord for 9.07%,

         nine and seven one hundredths percent (hereafter, its "Pro Rata Share")

         of the cost of the services enumerated in Paragraph (11)(a). In the

         event Tenant has advanced to Landlord sums in excess of Tenant's Pro

         Rata Share, Landlord shall rebate Tenant for the difference.

 

         In the event Tenant has advanced to Landlord less than Tenant's Pro

         Rata Share, Tenant shall pay to Landlord, upon receipt of an invoice,

          the difference between the Tenant's advances for the calendar year and

         the amount of Tenant's Pro Rata Share.

 

         (c) Tenant shall pay for all utilities consumed in the Leased Premises.

         Landlord, at Tenant's expense, shall install separate meters for

         natural gas (if available) and electricity. Notwithstanding

         Subparagraph (11)(a), Landlord reserves the right to install a water

         meter, at Tenant's expense, for the purpose of separately charging

         Tenant for water used in the Leased Premises.

 

(12)      TAXES AND ASSESSMENTS:

         ----------------------

 

         For each calendar year, Tenant shall reimburse Landlord for its Pro

         Rata Share of all real estate taxes and assessments levied or charged

         against the Building and the Developed Parcel, in the event Tenant has

         advanced to Landlord sums in excess of Tenant's Pro Rata Share,

         Landlord shall rebate Tenant for the difference. In the event Tenant

         has advanced to Landlord less than Tenant's Pro Rata Share, Tenant

         shall pay to Landlord, upon receipt of an invoice, the difference

         between

 

<PAGE>

 

         the Tenant's advances for the calendar year and the amount of Tenant's

         Pro Rata Share.

 

         All personal property taxes charged or levied against Tenant's

         furniture, fixtures and equipment in the Leased Premises shall be paid

         by Tenant.

 

(13)      INSURANCE:

         ----------

 

         (a) Landlord shall keep the Building insured against loss by fire or

         other casualty with extended coverage in an amount determined by the

         Landlord, and said policies shall include a standard waiver of

         subrogation clause against Tenant.

 

         In the event the cost of premiums on Landlord's fire and extended

         insurance increases due to the hazardous nature of the use and

         occupancy by Tenant of the Leased Premises, then the entire increase in

         insurance cost shall be paid by Tenant in a lump sum upon receipt of

         invoice from the Landlord.

 

         (b) Landlord shall at all times maintain public liability insurance for

         the common areas and the exterior of the Building as well as the

         sidewalks and the parking lot of the Developed Parcel.

 

         (c) For each calendar year, Tenant shall reimburse Landlord for its Pro

         Rata Share of Landlord's insurance premiums, in the event Tenant has

         advanced to Landlord sums in excess of Tenant's Pro Rata Share,

         Landlord shall rebate Tenant for the difference.

 

         In the event Tenant has advanced to Landlord less than Tenant's Pro

         Rata Share, Tenant shall pay to Landlord, upon receipt of an invoice,

         the difference between the Tenant's advances for the calendar year and

         the amount of Tenant's Pro Rata Share.

 

         (d) The Tenant covenants and agrees that it will, at all times during

         the term hereof, at its own expense, carry and keep in full force and

         effect in companies satisfactory to Landlord, public liability

         insurance in form satisfactory to Landlord, with limits of (a) at least

         ONE MILLION DOLLARS ($1,000,000.00) for injury, including death, to any

         one person, and (b) at least ONE MILLION DOLLARS ($1,000,000.00) for

         injury, including death in any one casualty, and (c) at least ONE

         MILLION DOLLARS ($ 1,000,000.00) for property damage coverage. Landlord

         may increase the above limits to such greater amounts of insurance

         coverage as Landlord may from time to time reasonably require. Tenant

         shall also, at its own expense, carry plate glass insurance on the

         Leased Premises. All such policies shall name the Landlord and the

         Tenant as parties insured, and shall contain a provision that the same

         may not be canceled or changed without giving to the Landlord at least

         thirty (30) days written notice prior to expiration or cancellation of

          any such policy. Tenant shall furnish to Landlord a certified copy of

         each policy.

 

<PAGE>

 

         (e) All property in the Leased Premises, in the Building or on the

         Developed Parcel, belonging to Tenant, its agents, employees or

          invitees or to any other person, shall be there at the risk of Tenant

         or such other person only, and Landlord shall not be liable for damage

         thereto or theft, misappropriation, or loss thereof.

 

         In furtherance of this provision, Tenant shall at all times and at its

         expense maintain insurance against loss by fire or other casualty with

         extended coverage on its furniture, fixtures, inventory, equipment,

         supplies and personal property, in an amount determined by Tenant; said

         policies shall include a standard waiver of subrogation clause against

         Landlord.

 

         (f) Landlord, its agents and employees shall not be liable for injury

         to person or damage to property sustained by Tenant, by any occupant of

         the Leased Premises, the Building or the Developed Parcel, or by any

         other person, occurring or resulting directly or indirectly from any

         existing or future condition, defect, matter, or thing in the Leased

         Premises, in the Building or on the Developed Parcel or from equipment

         or appurtenances therein or from accident or from any occurrence, act,

         or from negligence or omission of any Tenant, occupant: or any other

         person; but nothing in this Subparagraph (f) shall be deemed to relieve

         Landlord from liability for damages for bodily injuries to any person

         caused by or resulting from the negligence of Landlord, its agents or

         employees.

 

(14)       FIRE OR OTHER CASUALTY:

         -----------------------

 

         Should the Leased Premises be damaged or destroyed by any cause and

         such damage or destruction be of such a nature that it may be repaired

         or restored within a period of one hundred twenty (120) days after the

         occurrence, then this Lease shall not terminate, but it shall be the

         obligation of Landlord to repair or restore the Leased Premises as

         nearly as possible to its condition prior to such damage or

         destruction, and the Landlord shall proceed promptly to make such

         repairs or restoration; provided, however, that such repairs or

         restoration can be made by Landlord for an amount not in excess of the

         amount recovered by Landlord on the fire and extended insurance. There

         shall be an equitable abatement of rent during the period that the

         Leased Premises may be wholly or partially unavailable for use by

         Tenant for the operation of its business.

 

         Should the damage or destruction be of a character that will not permit

         repair or restoration of the Leased Premises within the one hundred

         twenty (120) days after the occurrence thereof, or if the cost of such

         repair or restoration exceeds Landlord's insurance recovery, either

         Landlord or Tenant shall have the privilege of canceling the unexpired

         term of this Lease upon giving written notice to the other within forty

         five (45) days after such destruction.

 

<PAGE>

 

(15)      USE OF LEASED PREMISES:

         -----------------------

 

(a) Tenant shall use and occupy the Leased Premises for offices use and for no

other purpose except Cross Country Seminar, Inc.'s business use.

 

(b) The Leased Premises, in its state existing on the date that the Lease term

commences, but without regard to the use of which Tenant will use the Leased

Premises, do not violate any covenant or restrictions of record,, or any

applicable building code, regulation or ordinance in effect on such Lease term

commencement date.

 

(c)       The Tenant hereby covenants and agrees as follows:

 

         (i) To comply with all Federal, State, County and City laws,

         ordinances, rules and regulations affecting the use or occupancy of the

         Leased Premises by Tenant or the business at any time transacted by the

         Tenant;

 

         (ii) Not to use the Leased Premises for any disorderly or unlawful

         purpose or use inconsistent with applicable zoning;

 

          (iii) To obtain from appropriate governmental agencies at the Tenant's

         expense any and all permits, licenses, and the like, required to permit

         Tenant to occupy the Leased Premises and to be at all times in

         compliance with such permits, licenses, and the like, and all

         applicable governmental ordinances and regulations;

 

         (iv) To keep the Leased Premises clean and free from rubbish and to

         keep the windows and signs neat, clean, and in good order, all at

          Tenant's sole expense; or Landlord at its sole discretion shall have

         the right to perform these maintenance items and Tenant agrees to

         reimburse Landlord for its costs;

 

         (v) Not to store any material, trash or refuse of any nature whatever

         within the Leased Premises or on the exterior of the Leased Premises or

         Developed Parcel nor to erect any screen or fence without the prior

         written consent of Landlord;

 

         (vi) To refrain from keeping gasoline, other inflammable material, any

         explosives or any other hazardous substance within the Leased Premises

         or on the Developed Parcel, or from doing any act or thing which may

         make void or voidable the Landlord's insurance against fire, and to

         conform to all rules or regulations from time to time established by

         the appropriate insurance rating organization;

 

         (vii) To comply with all the Rules and Regulations which have been

         adopted by Landlord, attached as Exhibit "F," (or which may be

         hereafter adopted by Landlord) for the protection and welfare of the

         Building, the Developed Parcel and other tenants.

 

<PAGE>

 

(16)      REPAIRS:

         --------

 

(a)       Tenant Repairs

          --------------

 

         Tenant agrees that during the full term of this Lease or any renewal

         thereof, it will, at its own expense, keep the interior of the Leased

         Premises in good condition and shall not let the Leased Premises and

         equipment, fall out of repair, and that it will maintain the Leased

         Premises and equipment, and make repairs promptly as they become

         necessary. At commencement of this Lease, Landlord shall supply the

         Leased Premises with the required lamps, bulbs, ballasts, and starters,

         but replacements thereof shall be at Tenant's expense.

 

         Interior maintenance shall be deemed to include, but shall not be

         limited to, repairs or replacements required for windows, doors,

         floors, interior walls, ceilings, painting and decorating, and repairs

         to heating, air conditioning, plumbing and electrical fixtures, and

         equipment. Tenant shall change the filters in the ventilation system on

          regular intervals. Notwithstanding, the provisions of this

         Subparagraph(16)(a), Tenant shall not be obliged to make such repairs

         as are necessitated by fire or other perils provided for by extended

         coverage clauses (whether or not caused by the active or passive

         negligence of the Tenant) for which damage or loss insurance is carried

         by the Landlord.

 

         Tenant accepts all equipment "as is". Tenant shall at all times after

         commencement of Tenant's business operations at the Demised Premises

         maintain, at Tenant's sole cost and expense, a service contract with a

         reputable heating, ventilating and air conditioning service and repair

         firm for the provision of such service and repairs to the Demised

         Premises, which shall provide that such contract may not be canceled,

         materially changed or not renewed without at least thirty (30) days

         advance written notice to Landlord at the address in the manner set

         forth in Section 25 of the Prime Lease. A copy of such contract shall

         be deposited promptly upon commencement of Tenant's obligation to

         procure same, and a copy of each replacement thereof shall be deposited

         with Landlord promptly upon Tenant's execution of same.

 

(b)       Landlord Repairs

         ----------------

 

         Landlord agrees that during the full term of this Lease, it will, at

         its own expense, keep the exterior structural parts and roof of the

          Building in good condition and repair and that it will make such

         repairs promptly as they become necessary. Exterior repairs shall be

         deemed to include exterior walls, roof, gutters, downspouts, and

         plumbing outside the Building. Landlord shall make such interior

         repairs and replacements as are necessitated by fire or perils provided

         for by extended coverage clauses (whether or not caused by the active

         or passive negligence of the Tenant) for which damage or loss insurance

         is carried by the Landlord and for which insurance proceeds are

         recovered, including interior decorating caused by such fire or other

         perils.

 

<PAGE>

 

         It is the intent of Landlord to stop the water infiltration into

         existing space and Landlord will complete such work by no later than

         September 15, 2003. This work will include sealing the building face

         below grade in the planter bed with an applied waterproofing. The two

         masonry cracks will be cleaned and caulked and the window units at the

         rear of the building will be caulked and sealed. In the event the

         repairs do not stop the infiltration of water by December 31, 2003, to

         the reasonable satisfaction of an engineer, whom Landlord and Tenant

         will select as a condition of this Lease, then Tenant shall have the

         one time right to terminate this lease, with ninety (90) days advance

         written notice. This termination right shall expire on December 31,

         2003.

 

(17)      ALTERATIONS:

         ------------

 

         No alterations, modifications, additions or installations to the Leased

         Premises shall be made unless the Landlord shall first have given

          written approval of the plans and specifications thereof, and shall

         have been protected, to the Landlord's satisfaction, against any cost

         or damage incident thereto. Prior to any approved construction, Tenant

         shall first have secured all necessary building and other permits.

         Tenant agrees to make such alterations, modifications, additions or

         installations to the Leased Premises as may be required by building,

         OSHA, or other applicable regulations or local codes in the

         jurisdiction in which the Leased Premises are located. All such

         alterations, modifications, additions, or installations, when made,

         shall become, unless the Landlord elects otherwise as provided in

          Paragraph (16) hereof, the property of the Landlord and shall remain

         upon and be surrendered with said Leased Premises as a part thereof at

         the end of the term of this Lease.

 

(18)      FIXTURES AND UNAUTHORIZED USE OF PREMISES:

         ------------------------------------------

 

         Tenant shall not without Lan


 
SITE SEARCH

AGREEMENTS / CONTRACTS

Document Title:

Entire Document: (optional)

Governing Law:(optional)


Try our advanced search >>
 

CLAUSES

Search Contract Clauses >>

Browse Contract Clause Library>>

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