|
<br /> property and charge the cost to Lessee, which cost shall be immediately payable upon demand by
<br /> Lessor_
<br /> 2.5 Common Areas ~ Rules and Regulations. Lessor or such other person(s) as .
<br /> Lessor may appoint shall have the exclusive control and management of the Common Areas and
<br /> shall have the right, from time to time, to establish, modify, amend, and enforce reasonable rules
<br /> and regulations with respect thereto. Lessee agrees to abide by and conform to all sllch rules and
<br /> regulations, and to cause its employees, suppliers, shippers, customers, and invitees to so abide
<br /> and conform. Lessor shall not be responsible to Lessee for the non.compliance with said rules
<br /> and regulations by other lessees of the Industrial Center. See Exhibit C.
<br /> 2.6 Common Arc:ls - Changes.
<br /> (a) Lessor shall have the right, in Lessor's sole discretion, from time to time: (i) To
<br /> make changes to the Common Areas, including, without limitation, changes in the location, size,
<br /> shape, and number of driveways, entrances, parking spaces, parking areas, loading and unloading
<br /> areas, ingress, egress, direction of traffic, landscaped areas, and walkways; (ii) To close
<br /> temporarily any of the Common Areas for maintenance purposes so long as reasonable access to
<br /> the Premises remains available; (iii) To designate other land outside the boundaries of the
<br /> Industria! Center to be a part of the Common Areas; (iv) To add additional buildings and
<br /> improvements to the Common Areas; (v) To use the Common Areas while engaged in making
<br /> additional improvements, repairs, or alterations to the Industrial Center, or any portion thereof;
<br /> (vi} To do and perform such other acts and make such other changes in, to, or with respect to the
<br /> Common Areas and the Industrial Center as Lessor may, in the exercise of sound business
<br /> judgment, deem to be appropriate.
<br /> 3. Term.
<br /> 3.t Term. The term of this Lease shaH be for three years commencing on May 1.
<br /> 1998 and ending on April JO, 200 I unless sooner terminated pursuant to any provision hereof.
<br /> 3_2 Delay in Possession. Notwithstanding said commencement date, if for any
<br /> reason Lessor cannot deliver possession of the Premises to Lessee on said date, Lessor shal{ not
<br /> be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the .
<br /> obligations of Lessee hereunder, but in such case, Lessee shall not be obligated to pay rent or
<br /> perform any other obligation of Lessee under the terms of this Lease, except as may be otherwise
<br /> provided in this Lease, until possession of the Premises is tendered to Lessee; provided, however.
<br /> that if Lessor has not delivered possession of the Premises within ninety (90) days from said
<br /> commencement date and said delay in delivery is not due to Lessee's action, or the action of any
<br /> governmental agency, Lessee may, at its option, by notice in writing to Lessor within ten (10)
<br /> days thereafter, cancel this Lease, in which event the parties shall be discharged from all
<br /> obligations hereunder; provided further, however, that if such written notice of Lessee is not
<br /> received by Lessor within said ten (1O} day period, Lessee's right to cancel this Lease hereunder
<br /> shall tenninate and be of no further force or effect If the date of delivery of Possession of the
<br /> Premises to Lessee is later than the commencement date specified in Paragraph 3.1 above. then
<br /> the teml of this Lease shall be extended by the number of days between the commencement date
<br /> and such delivery date, and Lessor and Lessee shall enter into an amendment to this tease setting
<br /> forth such new expiration date.
<br /> 3.3 Early Possession. If Lessee occupies the Premises prior to said commencement
<br /> date, such occupancy shaH be subject to all provisions of this Lease, such occupancy shall not
<br /> advance the tennination date, and Lessee shaU pay rent for such period at the initial monthly
<br /> rates set forth below.
<br /> 4. Rent.
<br /> 4.1 Base Rent. Lessee shall pay to Lessor, as Base Rent for the Premises, without
<br /> notice or any offset or deduction, except as may be othcf"Nise expressly provided in this Lease,
<br /> on the nrst day of each month of the term hereof, monthly payments in advance in the amounts
<br /> set forth below:
<br /> Three thousand one hundred twenty.eight and 001100 Dollars ($3,128.00) per month.
<br /> Rent for any period during the term hereof which is for less than one month shall be a pro rata .
<br /> portion of the Base Rent. Rent shall be payable in lawful money of the United States to Lessor at
<br /> I\MJNNE.lPOUSIVOLlISUpF'(]Rn......D...T...I...MIIIR._"R.,..,..sU:I...GREEMENI.h;tblo:<lJ.d page 2
<br /> .
<br /> (S:IMOATAIAMB1GENERALIFORMSIREIT-LE-M.DOC)
<br />
|