ALBERTA PROPERTIES LLC STANDARD
OFFICE LEASE
THIS AGREEMENT
made this 4 th day of February 2009 between Alberta
Properties LLC, its principal place of business at 331 Alberta
Drive, Amherst, New York 14226 hereinafter referred to as the
Owner, and Interactive Therapy Group, 1586 Eggert Road, Amherst,
New York 14226 hereinafter referred to as the Tenant:
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That the said
Owner has agreed to let, and by these presents does so lease to
Tenant the following premises:
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Suite 110
on the ground floor of the building located at 331 Alberta Drive,
Amherst, New York containing approximately 1300 square feet per
attached Sketch Plan “A”.
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The term of this lease shall be for a period of
two (2) years commencing upon April 1, 2009 and terminating
upon March 31, 2011. Tenant shall have one (1) option
(the “Renewal Option”) to extend the term of the Lease
for a two (2) year renewal period (the “Renewal
Period”), commencing on April 1, 2011 and terminating on
March 31, 2013, upon terms and conditions as set forth below
in RENT . The Renewal Option may be exercised only by Tenant
giving Owner written notice of such exercise at least six (6)
months prior to the expiration date of the Lease.
The Tenant agrees to pay the Owner at 331
Alberta Drive, Amherst, New York 14226 the annual rent of
$19,200.00 to be paid in equal monthly installments of $1,600.00
for the two years of this Lease on the first day of each and every
month of this Lease without demand and without offset or deductions
of any kind.
If Tenant shall
validly exercise the Renewal Option, than the Lease shall be
extended for the Renewal Period at an annual rent of $20,400.00 to
be paid in equal monthly installments of $1,700.00 on the first day
of each and every month of the Renewal Period without demand and
without offset or deductions of any kind.
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1.
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The
Tenant hereby covenants and agrees as follows:
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a)
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Not
to use said premises or any part thereof for any purposes other
than the purpose of its usual business.
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b)
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Not
to let, sell, underlet or assign over the said premises or any part
thereof, for the whole or any part of said term, without first
requesting cancellation of the lease. If Owner declines to so
cancel, Tenant may assign to a successor of equal financial
stability acceptable to the Ownler. Consent to such assignment will
not be unreasonably withheld.
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c)
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This item left intentionally
blank.
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d)
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To
allow the Owner in person, or by agent, to enter said premises at
all reasonable times of the day upon reasonable notice, however,
Owner shall not unreasonably interfere with Tenant’s business
or Tenant’s use of its premises, and within six months prior
to the expiration of the lease, to allow the Owner or his agent to
place on or about said premises, notices indicating that the
premises are for sale or rent; and to allow the Owner or his agent
to enter upon and pass through and over said premises at all
reasonable times and upon reasonable notice for the purposes of
showing the same to persons wishing to purchase or lease the
same.
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e)
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To
obey and carry out all Federal, State, County and Municipal Laws,
regulations, rules and ordinances in regard to the premises hereby
leased and their use, and subject to Section “6”
hereof, to take such care of said premises as may be required by
any and all Federal, State, County and
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Municipal authorities and
departments, or any of them; and to obey all lawful requirements of
the New York Fire Insurance Rating Organization, or any similar
body, with reference to insurance premium rate upon the building
shall be increased, by reason of any act or omission or commission
on the part of Tenant or by reason of the nature of the occupancy
of the premises, the Tenant agrees to pay the amount of any such
increase; and to save the Owner and hold the Owner harmless from
any expense, loss or damage by reason of the violation of such
laws, regulations, rules, ordinances and by reason of the
Tenant’s negligence.
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f)
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To
observe and keep all the rules and regulations of the electric, gas
and water companies and the sewer authority, supplying such
premises with electricity, gas, water or use of sewer.
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g)
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Not
to erect any signs or to letter windows or doors without express
written authority of Owner.
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h)
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To
return the premises broom-clean at the expiration of the lease to
the Owner and in the same condition as when taken, reasonable wear
and tear thereof excepted.
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i)
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To
observe and keep all reasonable rules and regulations of the Owner
regarding the use of the building.
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2.
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Owner covenants and agrees as
follows:
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a)
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To
provide at the start of the term of this lease the subject premises
in first-class condition in its present configuration.
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b)
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To
supply aforesaid premises at its own expense during regular
business hours air conditioning, heat, electricity, gas, water and
janitorial services, but it shall not be liable for any injury,
damage or loss occasioned in the rendering of such services or
resulting from any interruption thereof, due to any cause except
negligence of Owner or its employees, agents, or servants and
except as otherwise provided herein.
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c)
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To
maintain the lavatory, toilets and toilet rooms in good lighted and
ventilated.
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d)
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To
keep and maintain the sidewalks, corridors, stairways and all other
means of access and egress for the demised premises in good repair
and safe condition and well lighted, free and clear of ice, snow
and debris.
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e)
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Owner, at its expense, shall
maintain the common areas of the Building, and any areas of the
Building under the exclusive control of Owner, in a clean and
healthful condition and will comply with all federal, state, county
and municipal laws, regulations, rules, and ordinances in regard to
the Building and shall save Tenant and hold Tenant harmless from
any expense, loss, or damages by reason of the violation of such
laws, regulations, rules, ordinances, and requirements or by reason
of damages that might be sustained by reason of the acts,
omissions, or negligence of Owner or its employees, agents, or
servants.
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3.
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If
default be made in the payment of the rent or any part thereof the
Owner shall give written notice of such default to the Tenant and
the Tenant shall have five (5) days after receipt of such
notice to cure such default, but upon Tenant’s failure to
cure the default within said period then and in such case the owner
may terminate the term of this lease without further notice, and
all rents will accelerate.
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In
the case of a default by either party in the obligation of Tenant
to pay rent, the other party may give to the defaulting party
written notice thereof describing the default and thereupon unless
the defaulting party, within thirty (30) days from the receipt
of said notice, shall begin and continue to prompt completion the
steps necessary to cure the default, the non-defaulting party may
terminate this lease by giving the defaulting party not less than
ten (10) days notice of the time of termination.
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The
provisions of this Paragraph 3, whether or not any such right
of termination is exercised, shall not be a waiver of any right of
breach of contract or a waiver of any other provisions of this
lease.
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4.
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If
said premises shall at any time become vacant during the said term
in consequence of the removal of the Tenant, for nonpayment of
rent, by legal process, or any other cause, the Owner may re-enter
the same, and use such force for that purpose as the Owner shall
think fit, without being liable to any prosecution thereof and may
thereupon treat the said lease as terminated, and re-let said
premises for their own use; or the Owner may re-let said premises
as the agent of the Tenant applying avails thereof to the expenses
that may accrue in reentering and then to the payment of the rent
due as herein provided, and the balance to pay over to Tenant; or
may hold the Tenant for any balance remaining due after so applying
the
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proceeds, and the right to hold the
Tenant for such balance shall survive the issuance of any warrant
of cancellation of this lease.
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5.
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If
the leased premises shall be destroyed or damaged by fire or other
cause, without or with the fault or negligence of either party all
rebuilding, restoration and repairs shall be done by Owner at its
expense, as soon as reasonably possible.
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If
after any partial damage any portion of the premises shall be
usable by Tenant, the rent shall be apportioned according to such
usable portion until all restoration and repairs are completed. If
the premises shall be totally destroyed, rendered untenantable, the
rent shall be wholly abated until the premises including all
equipment as originally installed as a part thereof shall be fully
replaced or repaired, and until Tenant shall have reasonable time
to replace all attachments, installments, and other property
installed by it, and to replace its furniture and office
equipment.
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If
after any such occurrence it is reasonably certain or is found that
the building cannot be restored as stated above within
(6) months from the date of the occurrence, either party
hereto shall have the right as its election to terminate this
lease, effective as of the date of such occurrence, by giving
written notice to the other as soon as reasonably possible. In the
event of such termination Owner shall not be obligated to make any
restoration of the premises.
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6.
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All
repairs to the premises and to the plumbing, heating, air
conditioning, electric wiring and lighting apparatus and structural
repairs to the building and common areas necessary to keep the same
in proper order shall be made by the Owner at the Owner’s
expense, unless said repairs are made necessary through the
carelessness or neglect of the Tenant, its agents, employees or
servants.
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7.
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Any
fixture of a removable nature constructed and placed in the demised
premises at the expense of the Tenant, shall remain the property of
the Tenant and may be removed by the Tenant at the termination of
its occupancy of the demised premises; and in case of damage or
disfigurement to walls or floors caused by such removal, the cost
of reasonable repairs of the damage to them, shall be borne by the
Tenant. The Tenant covenants that it will not make any alterations
in or to the demised premises without first obtaining the consent
of the Owner in writing, which consent shall not be unreasonably
withheld.
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