|
<br />16. Whenever the demised premises are serviced by a railroad
<br />undef an industrial track agreement and under a private road cross-
<br />ing permit, and there is a cost to the lessor for fental of said private
<br />road crossing permit and there is a maintenance cost for said track
<br />and private road crossing, the Lessee agrees to pay to the Lessor.
<br />whenever billed, its "Proportionate" shafe of said costs, By "Propor-
<br />tionate" share is meant as hereinafter defined.
<br />Whereas in said private road crossing permit and industrial track
<br />agreement, the Lessor has agreed to save harmless the railroad from
<br />any and all liability, by virtue of the operation and maintenance of
<br />said private track and private road crossing, NOW, THEREFORE,
<br />the Lessee agrees that it will cause its public liability policy to he
<br />endorsed whereby the Lessee in turn agrees to save harmless the
<br />Lessor and the railroad by viftue of said liability,
<br />
<br />17. By "proportionate share" whenever used in this lease, it is
<br />meant that the Lessee shall pay its share, based on the number of
<br />square feet of the demised premises as against the total number of
<br />square feet in the entire structure of which the demised premises are
<br />a part of.
<br />
<br />18. Time is an essential part hereof, All the covenants, terms,
<br />and conditions of this lease shall extend and apply to and firmly
<br />bind the heirs, legal repfesentatives, successors and assigns of the
<br />respective parties hereto as fully as the respective parties are them-
<br />selves bound, but this provision shall not authorize the assigning or
<br />the subletting by Lessee of this lease or the leased premises contrary
<br />to the provisions hereinabove contained.
<br />
<br />19. WAIVER OF SUBROGATION: Lessor and Lessee hereby agree
<br />that neither shall be liable to the other for loss arising out of damage to or
<br />destruction of the demised premises, or the contents thereof, when such
<br />loss is caused by any of the perils included within a standard Fire &
<br />Extended Coverage insurance form. This agreement shall be binding on
<br />whether or not such loss, damage or destruction be caused by the negligence
<br />of either Lessor or Lessee, or its agents, servants or employees and further,
<br />any and all Right of Subrogation by any insurance carrier is hereby waived:
<br />
<br />consisting oLuuuu,mupage is specifically made a part hereof.
<br />
<br />at any time thereafter, and without demand or notice, enter into
<br />or upon the said premises, or any part thereof, in the name of the
<br />whole, and repossess the same as of their former estate, anything
<br />herein to the contrary notwithstanding, and expel the Lessee and
<br />those claiming through or under Lessee and remove their effects
<br />(forcibly if necessary), and, if it elects, may stofe the same for the
<br />account and at the expense and risk of Lessee, without being deemed
<br />guilty of any manner of trespass and without prejudice to any
<br />remedies which might otherwise be used for arrears of rent or pre-
<br />ceding breach of covenant; and, upon entry as aforesaid, this lease
<br />shall determine; and Lessee hereby expfessly waives the service of
<br />any notice in writing of intention to re-enter as aforesaid, And Lessee
<br />covenants that, in case of such termination, Lessee will indemnify
<br />Lessor against all loss of rents and other payments which Lessor may
<br />incur by reason of such termination during the residue of the time
<br />first above specified for the duration of said term.
<br />
<br />6, In case of the eviction of Lessee or in case of the tefmination
<br />of this lease or any extension thereof, fOf any cause whatsoever,
<br />Lessor may, without prejudice to any other rights by law or hereby
<br />given it, immediately recover of Lessee the pro fata rent up to the
<br />time of eviction or tefmination, irrespective of the periods herein
<br />prescribed for the payment of rent.
<br />
<br />7. In the event Lessee shall vacate said premises during the term
<br />of this lease, Lessor may, at its option, without tefminating this
<br />lease, enter into said premises and re-Iet the same for the account of
<br />Lessee for such rent and upon such terms as Lessof shall approve;
<br />and, if a sufficient sum shall not be thus realized monthly (after pay-
<br />ing the expenses of such re-Ietting and of collecting the rent accruing
<br />from such re-Ietting) to satisfy the monthly rent as provided to be
<br />paid by Lessee, then Lessee will satisfy and pay such deficiency upon
<br />demand monthly.
<br />
<br />8. Lessor shall not be responsible or liable to Lessee, either for
<br />damage or otherwise, in the event said building, by reason of latent
<br />structural defects or latent weaknesses, or because of the shifting,
<br />erosion, weakening or disintegration of the earth, soil, sand, rock
<br />or other material constituting the foundation wherein said building
<br />rests or which supports the same, or by reason of any other cause
<br />becomes or is declared by any public authority to be unfit or unsafe
<br />for occupancy, and upon the happening of any such event Of events,
<br />Lessor may and it hefeby is fully empowered and authorized to ter-
<br />minate this lease. Such right of tefmination shall be exercised by
<br />Lessor by giving to Lessee written notice of termination which shall
<br />be served as provided in Paragraph Nine under Mutual Covenants of
<br />this lease. Upon service of such notice, this lease shall terminate to all
<br />intents and purposes and with like force and effect as if this lease
<br />had by its terms been made to terminate on the day notice is served;
<br />provided, however, that Lessee shall have a reasonable time within
<br />which to remove his property from the demised premises but any
<br />occupancy of said premises after service of such notice shall be at
<br />Lessee's sole risk.
<br />
<br />9. All notices from Lessor to Lessee required or permitted to be
<br />given hereunder shall be deemed duly served if left at the leased
<br />premises addressed to Lessee. or if given by registered mail addressed
<br />to Lessee at said premises, and all notices hereundef ffom Lessee to
<br />Lessor shall be deemed duly served if left at Lessor's office or given
<br />by registered mail addressed to Lessor at its said office. If service is
<br />by mail, the time of service shall be the time when the notice is
<br />deposited in the mail.
<br />
<br />10. It is agreed and understood that the watef and sewef charges
<br />will be apportioned between the occupants of the entire structure on
<br />a square foot basis of occupancy, and the lessee shall pay his pro-
<br />portionate share thereof, within thirty (30) days of rendering of any
<br />bill, By "proportionate share" is meant as hereinafter defined. The
<br />Lessor, however, reserves the right to install separate meter for
<br />Lessee and at that time the Lessee shall pay for its own use of water
<br />and sewer.
<br />
<br />11. It is agreed and understood that the Lessee shall have the
<br />right to use the loading dock adjoining the demised premises and that
<br />whenever said loading dock is used in common with other tenants,
<br />that the Lessee will not use said dock so as to interfere with the ffee
<br />access of said dock to other usefS thereof. The cost of maintenance
<br />of said loading dock shall be shared on a proportionate basis of
<br />square foot rented area, with the other occupants of said structure.
<br />By "proportionate share" is meant as hereinafter defined.
<br />
<br />The attached rider, when signed by all parties,
<br />Signed, sealed and delivered in presence of:
<br />
<br />...-------------------------------------------------------------------------------------------~------------------------
<br />
<br />As to Lessor.
<br />
<br />---------------------------------------------------------------------------------------------------------------------
<br />
<br />----------------------------------------------------------------------------------------------------------------------
<br />
<br />As to Lessee.
<br />
<br />-------------------------------------------------------------.---------------------------------------------------------
<br />
<br />12. It is agreed and understood that when landscaping has been
<br />provided by Lessor, Lessee will care for said landscaping adjoining
<br />or near the demised premises.
<br />
<br />13. When LeSSOf has provided a "sprinklef system" in the de-
<br />mised area, Lessee agfees to keep the appliances thereto in the
<br />demised premises in repair and good working condition; and if the
<br />Fire Undefwriters Inspection Bureau, or any bureau, department. or
<br />official, of City government. or of the State. shall require, or rec-
<br />ommend, that any changes. modifications, alterations. or additional
<br />sprinklef heads or other equipment, shall be made. or supplied. by
<br />reason of Lessee's business, or the location of partitions. trade fix-
<br />tures, Of othef contents of the demised premises. or if such changes,
<br />modifications, alterations, additional sprinkler heads, or other equip-
<br />ment, in the demised pfemises shall be necessary to prevent the impo-
<br />sition of a penalty. or chafge, against the full allowance for a
<br />sprinkler system in the fire insurance rate as fixed by the Bureau. or
<br />by any fire insurance company, the Lessee shall. at the Lessee's own
<br />expense, promptly make and supply such changes. modifications.
<br />alterations, additional spfinkler heads. or other equipment. Lessee
<br />also agrees to pay its proportionate share of any standby charge or
<br />service charge. or any other charge made by a city, village or mu-
<br />nicipality for such sefvice. "Proportionate share" is as hereinafter
<br />defined.
<br />
<br />14. Whereas the rent provided for in this Lease is based on a
<br />contemplated 18 cents pef square foot for taxes and assessments;
<br />Now, Therefore, it is agreed and understood that if in any year of
<br />this leasehold the costs of taxes and assessments to the Lessor exceeds
<br />18 cents per square foot per annum, that the Lessee will pay such
<br />excess upon being furnished evidence by the Lessor of the existence
<br />of such excess. Said additional excess to be paid by Lessee. if any.
<br />shall be due and payable on June I of each year. If the leasehold is
<br />for a portion of a yeaf, then in that year. the Lessee shall be obli-
<br />gated to pay the propoftionate shafe of such excess. based on term
<br />of occupancy.
<br />
<br />15. The Lessee shall have the right to use, in common with other
<br />tenants of said building, the parking lot and loading area provided
<br />for by the Lessor. The maintenance of the parking lot and loading
<br />afea, including snow removal, cleaning and repairs. but not limited
<br />thereto, shall be paid for by Lessee and other users. based on a pro-
<br />portionate share. By "proportionate share" is meant as hereinafter
<br />defined.
<br />
<br />[SEAL]
<br />
<br />[SEAL)
<br />
<br />[SEAL]
<br />
<br />[SEAL]
<br />
<br />[SEAL]
<br />
<br />GUARANTY
<br />
<br />IN CONSIDERATION of the execution of the within lease by the Lessor, at the request of the undersigned and on the faith of this
<br />guaranty I do hereby guarantee the payment of the rent by said lease reserved by the said Lessee and the performance by said Lessee of all
<br />covenants and agreements of said lease, and I will pay all the Lessof's expenses. including reasonable attorney's fees, incurred in enforcing
<br />the obligation of the Lessee under said lease or incurred in enfofcing t his guaranty, hereby waiving demand of payment and all notice of the
<br />Lessee's default.
<br />WITNESS my hand and seal at the date of the within lease.
<br />
<br />(SEAL)
<br />
<br />(SEAL)
<br />
|