"Standard Form of Office Lease - the Real Estate Board of New York, Inc" - New York

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7/04
STANDARD FORM OF OFFICE LEASE
The Real Estate Board of New York, Inc.
Agreement of Lease
,
made as of this
day of
in the year
, between
party of the first part, hereinafter referred to as OWNER, and
party of the second part, hereinafter referred to as TENANT,
Witnesseth:
Owner hereby leases to Tenant and Tenant hereby hires from Owner
in the building known as
in the Borough of
, City of New York, for the term of
(or until such term shall sooner cease and expire as hereinafter provided) to commence on the
day of
in the year
, and to end on the
day of
in the year
, and
both dates inclusive, at the annual rental rate of
which Tenant agrees to pay in lawful money of the United States, which shall be legal tender in payment of all debts and
dues, public and private, at the time of payment, in equal monthly installments in advance on the first day of each month
during said term, at the office of Owner or such other place as Owner may designate, without any setoff or deduction
whatsoever, except that Tenant shall pay the first
monthly installment(s) on the execution hereof (unless this
lease be a renewal).
In the event that, at the commencement of the term of this lease, or thereafter, Tenant shall be in default in the
payment of rent to Owner pursuant to the terms of another lease with Owner or with Owner’s predecessor in interest, Owner
may at Owner’s option and without notice to Tenant add the amount of such arrears to any monthly installment of rent
payable hereunder and the same shall be payable to Owner as additional rent.
The parties hereto, for themselves, their heirs, distributees, executors, administrators, legal representatives,
successors and assigns, hereby covenant as follows:
Rent:
1. Tenant shall pay the rent as above and as hereinafter provided.
Occupancy:
2. Tenant shall use and occupy the demised premises for
and for no other purpose.
3.
Tenant shall make no changes in or to the
equipment. Tenant shall promptly make, at Tenant’s expense, all repairs in
Tenant
demised premises of any nature without Owner’s
and to the demised premises for which Tenant is responsible, using only the
Alterations:
prior written consent. Subject to the prior written
contractor for the trade or trades in question, selected from a list of at least
consent of Owner, and to the provisions of this article, Tenant, at Tenant’s
two contractors per trade submitted by Owner. Any other repairs in or to the
expense, may make alterations, installations, additions or improvements
building or the facilities and systems thereof, for which Tenant is
which are non-structural and which do not affect utility services or
responsible, shall be performed by Owner at the Tenant’s expense. Owner
plumbing and electrical lines, in or to the interior of the demised premises,
shall maintain in good working order and repair the exterior and the
by using contractors or mechanics first approved in each instance by
structural portions of the building, including the structural portions of the
Owner. Tenant shall, before making any alterations, additions, installations
demised premises, and the public portions of the building interior and the
or improvements, at its expense, obtain all permits, approvals and
building plumbing, electrical, heating and ventilating systems (to the extent
certificates required by any governmental or quasi-governmental bodies
such systems presently exist) serving the demised premises. Tenant agrees
and (upon completion) certificates of final approval thereof, and shall
to give prompt notice of any defective condition in the demised premises
deliver promptly duplicates of all such permits, approvals and certificates
for which Owner may be responsible hereunder. There shall be no
to Owner, and Tenant agrees to carry, and will cause Tenant’s contractors
allowance to Tenant for diminution of rental value and no liability on the
and sub-contractors to carry, such worker’s compensation, commercial
part of Owner by reason of inconvenience, annoyance or injury to business
general liability, personal and property damage insurance as Owner may
arising from Owner or others making repairs, alterations, additions or
require. If any mechanic’s lien is filed against the demised premises, or the
improvements in or to any portion of the building or the demised premises,
building of which the same forms a part, for work claimed to have been
or in and to the fixtures, appurtenances or equipment thereof. It is
done for, or materials furnished to, Tenant, whether or not done pursuant to
specifically agreed that Tenant shall not be entitled to any setoff or
this article, the same shall be discharged by Tenant within thirty days
reduction of rent by reason of any failure of Owner to comply with the
thereafter, at Tenant’s expense, by payment or filing a bond as permitted by
covenants of this or any other article of this lease. Tenant agrees that
law. All fixtures and all paneling, partitions, railings and like installations,
Tenant’s sole remedy at law in such instance will be by way of an action for
installed in the demised premises at any time, either by Tenant or by Owner
damages for breach of contract. The provisions of this Article 4 shall not
on Tenant’s behalf, shall, upon installation, become the property of Owner
apply in the case of fire or other casualty, which are dealt with in Article 9
and shall remain upon and be surrendered with the demised premises unless
hereof.
Owner, by notice to Tenant no later than twenty days prior to the date fixed
Window
as the termination of this lease, elects to relinquish Owner’s right thereto
5. Tenant will not clean nor require, permit, suffer
and to have them removed by Tenant, in which event the same shall be
Cleaning:
or allow any window in the demised premises to
removed from the demised premises by Tenant prior to the expiration of the
be cleaned from the outside in violation of Section
lease, at Tenant’s expense. Nothing in this article shall be construed to give
202 of the Labor Law or any other applicable law, or of the Rules of the
Owner title to, or to prevent Tenant’s removal of, trade fixtures, moveable
Board of Standards and Appeals, or of any other Board or body having or
office furniture and equipment, but upon removal of same from the
asserting jurisdiction.
demised premises or upon removal, of other installations as may be
required by Owner, Tenant shall immediately, and at its expense, repair and
Requirements
6. Prior to the commencement of the lease term,
restore the demised premises to the condition existing prior to any such
of Law,
if Tenant is then in possession, and at all times
installations, and repair any damage to the demised premises or the building
thereafter, Tenant, at Tenant’s sole cost and
Fire Insurance,
due to such removal. All property permitted or required to be removed by
expense, shall promptly comply with all present
Floor Loads:
Tenant at the end of the term remaining in the demised premises after
and future laws, orders and regulations of all state,
Tenant’s removal shall be deemed abandoned and may, at the election of
federal, municipal and local governments, departments, commissions and
Owner, either be retained as Owner’s property or may be removed from the
boards and any direction of any public officer pursuant to law, and all
demised premises by Owner, at Tenant’s expense.
orders, rules and regulations of the New York Board of Fire Underwriters,
Insurance Services Office, or any similar body which shall impose any
Maintenance
4. Tenant shall, throughout the term of this lease,
violation, order or duty upon Owner or Tenant with respect to the demised
take good care of the demised premises and the
premises, whether or not arising out of Tenant’s use or manner of use
and
fixtures and appurtenances therein. Tenant shall
thereof, (including Tenant’s permitted use) or, with respect to the building
Repairs:
be responsible for all damage or injury to the
if arising out of Tenant’s use or manner of use of the demised premises or
demised premises or any other part of the building and the systems and
the building (including the use permitted under the lease). Nothing herein
equipment thereof, whether requiring structural or nonstructural repairs
shall require Tenant to make structural repairs or alterations unless Tenant
caused by, or resulting from, carelessness, omission, neglect or improper
has, by its manner of use of the demised premises or method of operation
conduct of Tenant, Tenant’s subtenants, agents, employees, invitees or
therein, violated any such laws, ordinances, orders, rules, regulations or
licensees, or which arise out of any work, labor, service or equipment done
requirements with respect thereto. Tenant may, after securing Owner to
for, or supplied to, Tenant or any subtenant, or arising out of the installation,
Owner’s satisfaction against all damages, interest, penalties and expenses,
use or operation of the property or equipment of Tenant or any subtenant.
including, but not limited to, reasonable attorney’s fees, by cash deposit or
Tenant shall also repair all damage to the building and the demised
by surety bond in an amount and in a company satisfactory to Owner,
premises caused by the moving of Tenant’s fixtures, furniture and
contest and appeal any such laws, ordinances, orders, rules, regulations or
7/04
STANDARD FORM OF OFFICE LEASE
The Real Estate Board of New York, Inc.
Agreement of Lease
,
made as of this
day of
in the year
, between
party of the first part, hereinafter referred to as OWNER, and
party of the second part, hereinafter referred to as TENANT,
Witnesseth:
Owner hereby leases to Tenant and Tenant hereby hires from Owner
in the building known as
in the Borough of
, City of New York, for the term of
(or until such term shall sooner cease and expire as hereinafter provided) to commence on the
day of
in the year
, and to end on the
day of
in the year
, and
both dates inclusive, at the annual rental rate of
which Tenant agrees to pay in lawful money of the United States, which shall be legal tender in payment of all debts and
dues, public and private, at the time of payment, in equal monthly installments in advance on the first day of each month
during said term, at the office of Owner or such other place as Owner may designate, without any setoff or deduction
whatsoever, except that Tenant shall pay the first
monthly installment(s) on the execution hereof (unless this
lease be a renewal).
In the event that, at the commencement of the term of this lease, or thereafter, Tenant shall be in default in the
payment of rent to Owner pursuant to the terms of another lease with Owner or with Owner’s predecessor in interest, Owner
may at Owner’s option and without notice to Tenant add the amount of such arrears to any monthly installment of rent
payable hereunder and the same shall be payable to Owner as additional rent.
The parties hereto, for themselves, their heirs, distributees, executors, administrators, legal representatives,
successors and assigns, hereby covenant as follows:
Rent:
1. Tenant shall pay the rent as above and as hereinafter provided.
Occupancy:
2. Tenant shall use and occupy the demised premises for
and for no other purpose.
3.
Tenant shall make no changes in or to the
equipment. Tenant shall promptly make, at Tenant’s expense, all repairs in
Tenant
demised premises of any nature without Owner’s
and to the demised premises for which Tenant is responsible, using only the
Alterations:
prior written consent. Subject to the prior written
contractor for the trade or trades in question, selected from a list of at least
consent of Owner, and to the provisions of this article, Tenant, at Tenant’s
two contractors per trade submitted by Owner. Any other repairs in or to the
expense, may make alterations, installations, additions or improvements
building or the facilities and systems thereof, for which Tenant is
which are non-structural and which do not affect utility services or
responsible, shall be performed by Owner at the Tenant’s expense. Owner
plumbing and electrical lines, in or to the interior of the demised premises,
shall maintain in good working order and repair the exterior and the
by using contractors or mechanics first approved in each instance by
structural portions of the building, including the structural portions of the
Owner. Tenant shall, before making any alterations, additions, installations
demised premises, and the public portions of the building interior and the
or improvements, at its expense, obtain all permits, approvals and
building plumbing, electrical, heating and ventilating systems (to the extent
certificates required by any governmental or quasi-governmental bodies
such systems presently exist) serving the demised premises. Tenant agrees
and (upon completion) certificates of final approval thereof, and shall
to give prompt notice of any defective condition in the demised premises
deliver promptly duplicates of all such permits, approvals and certificates
for which Owner may be responsible hereunder. There shall be no
to Owner, and Tenant agrees to carry, and will cause Tenant’s contractors
allowance to Tenant for diminution of rental value and no liability on the
and sub-contractors to carry, such worker’s compensation, commercial
part of Owner by reason of inconvenience, annoyance or injury to business
general liability, personal and property damage insurance as Owner may
arising from Owner or others making repairs, alterations, additions or
require. If any mechanic’s lien is filed against the demised premises, or the
improvements in or to any portion of the building or the demised premises,
building of which the same forms a part, for work claimed to have been
or in and to the fixtures, appurtenances or equipment thereof. It is
done for, or materials furnished to, Tenant, whether or not done pursuant to
specifically agreed that Tenant shall not be entitled to any setoff or
this article, the same shall be discharged by Tenant within thirty days
reduction of rent by reason of any failure of Owner to comply with the
thereafter, at Tenant’s expense, by payment or filing a bond as permitted by
covenants of this or any other article of this lease. Tenant agrees that
law. All fixtures and all paneling, partitions, railings and like installations,
Tenant’s sole remedy at law in such instance will be by way of an action for
installed in the demised premises at any time, either by Tenant or by Owner
damages for breach of contract. The provisions of this Article 4 shall not
on Tenant’s behalf, shall, upon installation, become the property of Owner
apply in the case of fire or other casualty, which are dealt with in Article 9
and shall remain upon and be surrendered with the demised premises unless
hereof.
Owner, by notice to Tenant no later than twenty days prior to the date fixed
Window
as the termination of this lease, elects to relinquish Owner’s right thereto
5. Tenant will not clean nor require, permit, suffer
and to have them removed by Tenant, in which event the same shall be
Cleaning:
or allow any window in the demised premises to
removed from the demised premises by Tenant prior to the expiration of the
be cleaned from the outside in violation of Section
lease, at Tenant’s expense. Nothing in this article shall be construed to give
202 of the Labor Law or any other applicable law, or of the Rules of the
Owner title to, or to prevent Tenant’s removal of, trade fixtures, moveable
Board of Standards and Appeals, or of any other Board or body having or
office furniture and equipment, but upon removal of same from the
asserting jurisdiction.
demised premises or upon removal, of other installations as may be
required by Owner, Tenant shall immediately, and at its expense, repair and
Requirements
6. Prior to the commencement of the lease term,
restore the demised premises to the condition existing prior to any such
of Law,
if Tenant is then in possession, and at all times
installations, and repair any damage to the demised premises or the building
thereafter, Tenant, at Tenant’s sole cost and
Fire Insurance,
due to such removal. All property permitted or required to be removed by
expense, shall promptly comply with all present
Floor Loads:
Tenant at the end of the term remaining in the demised premises after
and future laws, orders and regulations of all state,
Tenant’s removal shall be deemed abandoned and may, at the election of
federal, municipal and local governments, departments, commissions and
Owner, either be retained as Owner’s property or may be removed from the
boards and any direction of any public officer pursuant to law, and all
demised premises by Owner, at Tenant’s expense.
orders, rules and regulations of the New York Board of Fire Underwriters,
Insurance Services Office, or any similar body which shall impose any
Maintenance
4. Tenant shall, throughout the term of this lease,
violation, order or duty upon Owner or Tenant with respect to the demised
take good care of the demised premises and the
premises, whether or not arising out of Tenant’s use or manner of use
and
fixtures and appurtenances therein. Tenant shall
thereof, (including Tenant’s permitted use) or, with respect to the building
Repairs:
be responsible for all damage or injury to the
if arising out of Tenant’s use or manner of use of the demised premises or
demised premises or any other part of the building and the systems and
the building (including the use permitted under the lease). Nothing herein
equipment thereof, whether requiring structural or nonstructural repairs
shall require Tenant to make structural repairs or alterations unless Tenant
caused by, or resulting from, carelessness, omission, neglect or improper
has, by its manner of use of the demised premises or method of operation
conduct of Tenant, Tenant’s subtenants, agents, employees, invitees or
therein, violated any such laws, ordinances, orders, rules, regulations or
licensees, or which arise out of any work, labor, service or equipment done
requirements with respect thereto. Tenant may, after securing Owner to
for, or supplied to, Tenant or any subtenant, or arising out of the installation,
Owner’s satisfaction against all damages, interest, penalties and expenses,
use or operation of the property or equipment of Tenant or any subtenant.
including, but not limited to, reasonable attorney’s fees, by cash deposit or
Tenant shall also repair all damage to the building and the demised
by surety bond in an amount and in a company satisfactory to Owner,
premises caused by the moving of Tenant’s fixtures, furniture and
contest and appeal any such laws, ordinances, orders, rules, regulations or
requirements provided same is done with all reasonable promptness and
notice the term of this lease shall expire as fully and completely as if such
provided such appeal shall not subject Owner to prosecution for a criminal
date were the date set forth above for the termination of this lease, and
offense, or constitute a default under any lease or mortgage under which
Tenant shall forthwith quit, surrender and vacate the demised premises
Owner may be obligated, or cause the demised premises or any part thereof
without prejudice however, to Landlord’s rights and remedies against
to be condemned or vacated. Tenant shall not do or permit any act or thing
Tenant under the lease provisions in effect prior to such termination, and
to be done in or to the demised premises which is contrary to law, or which
any rent owing shall be paid up to such date, and any payments of rent made
will invalidate or be in conflict with public liability, fire or other policies of
by Tenant which were on account of any period subsequent to such date
insurance at any time carried by or for the benefit of Owner with respect to
shall be returned to Tenant. Unless Owner shall serve a termination notice
the demised premises or the building of which the demised premises form
as provided for herein, Owner shall make the repairs and restorations under
a part, or which shall or might subject Owner to any liability or
the conditions of (b) and (c) hereof, with all reasonable expedition, subject
responsibility to any person, or for property damage. Tenant shall not keep
to delays due to adjustment of insurance claims, labor troubles and causes
anything in the demised premises, except as now or hereafter permitted by
beyond Owner’s control. After any such casualty, Tenant shall cooperate
the Fire Department, Board of Fire Underwriters, Fire Insurance Rating
with Owner’s restoration by removing from the demised premises as
Organization or other authority having jurisdiction, and then only in such
promptly as reasonably possible, all of Tenant’s salvageable inventory and
manner and such quantity so as not to increase the rate for fire insurance
movable equipment, furniture, and other property. Tenant’s liability for rent
applicable to the building, nor use the demised premises in a manner which
shall resume five (5) days after written notice from Owner that the demised
will increase the insurance rate for the building or any property located
premises are substantially ready for Tenant’s occupancy. (e) Nothing
therein over that in effect prior to the commencement of Tenant’s
contained hereinabove shall relieve Tenant from liability that may exist as
occupancy. Tenant shall pay all costs, expenses, fines, penalties, or
a result of damage from fire or other casualty. Notwithstanding anything
damages, which may be imposed upon Owner by reason of Tenant’s failure
contained to the contrary in subdivisions (a) through (e) hereof, including
to comply with the provisions of this article, and if by reason of such failure
Owner’s obligation to restore under subparagraph (b) above, each party
the fire insurance rate shall, at the beginning of this lease, or at any time
shall look first to any insurance in its favor before making any claim against
thereafter, be higher than it otherwise would be, then, Tenant shall
the other party for recovery for loss or damage resulting from fire or other
reimburse Owner, as additional rent hereunder, for that portion of all fire
casualty, and to the extent that such insurance is in force and collectible, and
insurance premiums thereafter paid by Owner which shall have been
to the extent permitted by law, Owner and Tenant each hereby releases and
charged because of such failure by Tenant. In any action or proceeding
waives all right of recovery with respect to subparagraphs (b), (d), and (e)
wherein Owner and Tenant are parties, a schedule or “make-up” of rate for
above, against the other, or any one claiming through or under each of them
the building or the demised premises issued by the New York Fire
by way of subrogation or otherwise. The release and waiver herein referred
Insurance Exchange, or other body making fire insurance rates applicable
to shall be deemed to include any loss or damage to the demised premises
to said premises shall be conclusive evidence of the facts therein stated and
and/or to any personal property, equipment, trade fixtures, goods and
of the several items and charges in the fire insurance rates then applicable
merchandise located therein. The foregoing release and waiver shall be in
to said premises. Tenant shall not place a load upon any floor of the
force only if both releasors’ insurance policies contain a clause providing
demised premises exceeding the floor load per square foot area which it
that such a release or waiver shall not invalidate the insurance. If, and to the
was designed to carry and which is allowed by law. Owner reserves the
extent, that such waiver can be obtained only by the payment of additional
right to prescribe the weight and position of all safes, business machines
premiums, then the party benefiting from the waiver shall pay such
and mechanical equipment. Such installations shall be placed and
premium within ten days after written demand or shall be deemed to have
maintained by Tenant, at Tenant’s expense, in settings sufficient, in
agreed that the party obtaining insurance coverage shall be free of any
Owner’s judgment, to absorb and prevent vibration, noise and annoyance.
further obligation under the provisions hereof with respect to waiver of
subrogation. Tenant acknowledges that Owner will not carry insurance on
7. This lease is subject and subordinate to all
Tenant’s furniture and/or furnishings or any fixtures or equipment,
Subordination:
ground or underlying leases and to all mortgages
improvements, or appurtenances removable by Tenant, and agrees that
which may now or hereafter affect such leases or the real property of which
Owner will not be obligated to repair any damage thereto or replace the
the demised premises are a part, and to all renewals, modifications,
same. (f) Tenant hereby waives the provisions of section 227 of the Real
consolidations, replacements and extensions of any such underlying leases
Property Law and agrees that the provisions of this article shall govern and
and mortgages. This clause shall be self-operative and no further instrument
control in lieu thereof.
of subordination shall be required by any ground or underlying lessor or by
any mortgagee, affecting any lease or the real property of which the
10. If the whole or any part of the demised
Eminent
demised premises are a part. In confirmation of such subordination, Tenant
premises shall be acquired or condemned by
Domain:
shall from time to time execute promptly any certificate that Owner may
Eminent Domain for any public or quasi public
request.
use or purpose, then, and in that event, the term of this lease shall cease and
terminate from the date of title vesting in such proceeding, and Tenant shall
8. Owner or its agents shall not be liable for any
have no claim for the value of any unexpired term of said lease, and assigns
Property Loss,
damage to property of Tenant or of others
to Owner, Tenant’s entire interest in any such award. Tenant shall have the
Damage
entrusted to employees of the building, nor for
right to make an independent claim to the condemning authority for the
Reimbursement
loss of or damage to any property of Tenant by
value of Tenant’s moving expenses and personal property, trade fixtures
Indemnity:
theft or otherwise, nor for any injury or damage to
and equipment, provided Tenant is entitled pursuant to the terms of the
persons or property resulting from any cause of whatsoever nature, unless
lease to remove such property, trade fixtures and equipment at the end of
caused by, or due to, the negligence of Owner, its agents, servants or
the term, and provided further such claim does not reduce Owner’s award.
employees. Owner or its agents will not be liable for any such damage
caused by other tenants or persons in, upon or about said building, or
11.
Tenant, for itself, its heirs, distributees,
Assignment,
caused by operations in construction of any private, public or quasi public
executors, administrators, legal representatives,
Mortgage,
work. If at any time any windows of the demised premises are temporarily
successors and assigns, expressly covenants that it
Etc.:
closed, darkened or bricked up (or permanently closed, darkened or bricked
shall not assign, mortgage or encumber this
up, if required by law) for any reason whatsoever including, but not limited
agreement, nor underlet, or suffer or permit the demised premises or any
to, Owner’s own acts, Owner shall not be liable for any damage Tenant may
part thereof to be used by others, without the prior written consent of Owner
sustain thereby, and Tenant shall not be entitled to any compensation
in each instance. Transfer of the majority of the stock of a corporate Tenant
therefore, nor abatement or diminution of rent, nor shall the same release
or the majority interest in any partnership or other legal entity which is
Tenant from its obligations hereunder, nor constitute an eviction. Tenant
Tenant shall be deemed an assignment. If this lease be assigned, or if the
shall indemnify and save harmless Owner against and from all liabilities,
demised premises or any part thereof be underlet or occupied by anybody
obligations, damages, penalties, claims, costs and expenses for which
other than Tenant, Owner may, after default by Tenant, collect rent from the
Owner shall not be reimbursed by insurance, including reasonable
assignee, under-tenant or occupant, and apply the net amount collected to
attorneys’ fees, paid, suffered or incurred as a result of any breach by
the rent herein reserved, but no such assignment, underletting, occupancy
Tenant, Tenant’s agents, contractors, employees, invitees, or licensees, of
or collection shall be deemed a waiver of this covenant, or the acceptance
any covenant or condition of this lease, or the carelessness, negligence or
of the assignee, undertenant or occupant as tenant, or a release of Tenant
improper conduct of the Tenant, Tenant’s agents , contractors, employees,
from the further performance by Tenant of covenants on the part of Tenant
invitees or licensees. Tenant’s liability under this lease extends to the acts
herein contained. The consent by Owner to an assignment or underletting
and omissions of any subtenant, and any agent, contractor, employee,
shall not in any way be construed to relieve Tenant from obtaining the
invitee or licensee of any subtenant. In case any action or proceeding is
express consent in writing of Owner to any further assignment or
brought against Owner by reason of any such claim, Tenant, upon written
underletting.
notice from Owner, will, at Tenant’s expense, resist or defend such action
or proceeding by counsel approved by Owner in writing, such approval not
Electric
12.
Rates and conditions in respect to
to be unreasonably withheld.
submetering or rent inclusion, as the case may be,
Current:
to be added in RIDER attached hereto. Tenant
9. (a) If the demised premises or any part thereof
covenants and agrees that at all times its use of
Destruction,
shall be damaged by fire or other casualty, Tenant
electric current shall not exceed the capacity of existing feeders to the
Fire and Other
shall give immediate notice thereof to Owner, and
building or the risers or wiring installation, and Tenant may not use any
Casualty:
this lease shall continue in full force and effect
electrical equipment which, in Owner’s opinion, reasonably exercised,
except as hereinafter set forth. (b) If the demised premises are partially
will overload such installations or interfere with the use thereof by other
damaged or rendered partially unusable by fire or other casualty, the
tenants of the building. The change at any time of the character of electric
damages thereto shall be repaired by, and at the expense of, Owner, and the
service shall in no way make Owner liable or responsible to Tenant, for
rent and other items of additional rent, until such repair shall be
any loss, damages or expenses which Tenant may sustain.
substantially completed, shall be apportioned from the day following the
casualty, according to the part of the demised premises which is usable. (c)
13. Owner or Owner’s agents shall have the right
Access to
If the demised premises are totally damaged or rendered wholly unusable
(but shall not be obligated) to enter the demised
Premises:
by fire or other casualty, then the rent and other items of additional rent, as
premises in any emergency at any time, and, at
hereinafter expressly provided, shall be proportionately paid up to the time
other reasonable times, to examine the same and to make such repairs,
of the casualty, and thenceforth shall cease until the date when the demised
replacements and improvements as Owner may deem necessary and
premises shall have been repaired and restored by Owner (or if sooner
reasonably desirable to the demised premises or to any other portion of the
reoccupied in part by the Tenant then rent shall be apportioned as provided
building or which Owner may elect to perform. Tenant shall permit Owner
in subsection (b) above), subject to Owner’s right to elect not to restore the
to use and maintain and replace pipes, ducts, and conduits in and through
same as hereinafter provided. (d) If the demised premises are rendered
the demised premises and to erect new pipes, ducts, and conduits therein,
wholly unusable or (whether or not the demised premises are damaged in
provided they are concealed within the walls, floor, or ceiling. Owner may,
whole or in part) if the building shall be so damaged that Owner shall decide
during the progress of any work in the demised premises, take all necessary
to demolish it or to rebuild it, then, in any of such events, Owner may elect
materials and equipment into said premises without the same constituting
to terminate this lease by written notice to Tenant, given within ninety (90)
an eviction, nor shall the Tenant be entitled to any abatement of rent while
days after such fire or casualty, or thirty (30) days after adjustment of the
such work is in progress, nor to any damages by reason of loss or
insurance claim for such fire or casualty, whichever is sooner, specifying a
interruption of business or otherwise. Throughout the term hereof, Owner
date for the expiration of the lease, which date shall not be more than sixty
shall have the right to enter the demised premises at reasonable hours for
(60) days after the giving of such notice, and upon the date specified in such
the purpose of showing the same to prospective purchasers or mortgagees
Rider to be added if necessary
of the building, and during the last six months of the term, for the purpose
(2) If the notice provided for in (1) hereof shall have been
of showing the same to prospective tenants. If Tenant is not present to open
given, and the term shall expire as aforesaid; or if Tenant shall make default
and permit an entry into the demised premises, Owner or Owner’s agents
in the payment of the rent reserved herein, or any item of additional rent
may enter the same whenever such entry may be necessary or permissible
herein mentioned, or any part of either, or in making any other payment
by master key or forcibly, and provided reasonable care is exercised to
herein required; then, and in any of such events, Owner may without notice,
safeguard Tenant’s property, such entry shall not render Owner or its agents
re-enter the demised premises either by force or otherwise, and dispossess
liable therefore, nor in any event shall the obligations of Tenant hereunder
Tenant by summary proceedings or otherwise, and the legal representative
be affected. If during the last month of the term Tenant shall have removed
of Tenant or other occupant of the demised premises, and remove their
all or substantially all of Tenant’s property therefrom, Owner may
effects and hold the demised premises as if this lease had not been made,
immediately enter, alter, renovate or redecorate the demised premises
and Tenant hereby waives the service of notice of intention to re-enter or to
without limitation or abatement of rent, or incurring liability to Tenant for
institute legal proceedings to that end. If Tenant shall make default
any compensation, and such act shall have no effect on this lease or
hereunder prior to the date fixed as the commencement of any renewal or
Tenant’s obligations hereunder.
extension of this lease, Owner may cancel and terminate such renewal or
extension agreement by written notice.
14. No vaults, vault space or area, whether or not
Vault,
Remedies of
enclosed or covered, not within the property line
18.
In case of any such default, re-entry,
Vault Space,
of the building, is leased hereunder, anything
Owner and
expiration and/or dispossess by summary
Area:
contained in or indicated on any sketch, blue print
Waiver of
proceedings or otherwise, (a) the rent shall
or plan, or anything contained elsewhere in this lease to the contrary
become due thereupon and be paid up to the time
Redemption:
notwithstanding. Owner makes no representation as to the location of the
of such re-entry, dispossess and/or expiration, (b)
property line of the building. All vaults and vault space and all such areas
Owner may re-let the demised premises or any part or parts thereof, either
not within the property line of the building, which Tenant may be permitted
in the name of Owner or otherwise, for a term or terms, which may at
to use and/or occupy, is to be used and/or occupied under a revocable
Owner’s option be less than or exceed the period which would otherwise
license, and if any such license be revoked, or if the amount of such space
have constituted the balance of the term of this lease, and may grant
or area be diminished or required by any federal, state or municipal
concessions or free rent or charge a higher rental than that in this lease,
authority or public utility, Owner shall not be subject to any liability, nor
and/or (c) Tenant or the legal representatives of Tenant shall also pay to
shall Tenant be entitled to any compensation or diminution or abatement
Owner as liquidated damages for the failure of Tenant to observe and
of rent, nor shall such revocation, diminution or requisition be deemed
perform said Tenant’s covenants herein contained, any deficiency between
constructive or actual eviction. Any tax, fee or charge of municipal
the rent hereby reserved and/or covenanted to be paid and the net amount,
authorities for such vault or area shall be paid by Tenant.
if any, of the rents collected on account of the lease or leases of the demised
premises for each month of the period which would otherwise have
Occupancy:
15. Tenant will not at any time use or occupy the
constituted the balance of the term of this lease. The failure of Owner to re-
demised premises in violation of the certificate of
let the demised premises, or any part or parts thereof, shall not release or
occupancy issued for the building of which the demised premises are a part.
affect Tenant’s liability for damages. In computing such liquidated damages
Tenant has inspected the demised premises and accepts them as is, subject
there shall be added to the said deficiency such expenses as Owner may
to the riders annexed hereto with respect to Owner’s work, if any. In any
incur in connection with re-letting, such as legal expenses, reasonable
event, Owner makes no representation as to the condition of the demised
attorney’s fees, brokerage, advertising and for keeping the demised
premises, and Tenant agrees to accept the same subject to violations,
premises in good order or for preparing the same for re-letting. Any such
whether or not of record.
liquidated damages shall be paid in monthly installments by Tenant on the
rent day specified in this lease, and any suit brought to collect the amount
16. (a) Anything elsewhere in this lease to the
of the deficiency for any month shall not prejudice in any way the rights of
Bankruptcy:
contrary notwithstanding, this lease may be
Owner to collect the deficiency for any subsequent month by a similar
cancelled by Owner by the sending of a written notice to Tenant within a
proceeding. Owner, in putting the demised premises in good order or
reasonable time after the happening of any one or more of the following
preparing the same for re-rental may, at Owner’s option, make such
events: (1) the commencement of a case in bankruptcy or under the laws
alterations, repairs, replacements, and/or decorations in the demised
of any state naming Tenant (or a guarantor of any of Tenant’s obligations
premises as Owner, in Owner’s sole judgment, considers advisable and
under this lease) as the debtor; or (2) the making by Tenant (or a guarantor
necessary for the purpose of re-letting the demised premises, and the
of any of Tenant’s obligations under this lease) of an assignment or any
making of such alterations, repairs, replacements, and/or decorations shall
other arrangement for the benefit of creditors under any state statute.
not operate or be construed to release Tenant from liability hereunder as
Neither Tenant nor any person claiming through or under Tenant, or by
aforesaid. Owner shall in no event be liable in any way whatsoever for
reason of any statute or order of court, shall thereafter be entitled to
failure to re-let the demised premises, or in the event that the demised
possession of the premises demised but shall forthwith quit and surrender
premises are re-let, for failure to collect the rent thereof under such re-
the demised premises. If this lease shall be assigned in accordance with its
letting, and in no event shall Tenant be entitled to receive any excess, if any,
terms, the provisions of this Article 16 shall be applicable only to the party
of such net rents collected over the sums payable by Tenant to Owner
then owning Tenant’s interest in this lease.
hereunder. In the event of a breach or threatened breach by Tenant of any
(b) It is stipulated and agreed that in the event of the termination
of the covenants or provisions hereof, Owner shall have the right of
of this lease pursuant to (a) hereof, Owner shall forthwith, notwithstanding
injunction and the right to invoke any remedy allowed at law or in equity
any other provisions of this lease to the contrary, be entitled to recover from
as if re-entry, summary proceedings and other remedies were not herein
Tenant as and for liquidated damages, an amount equal to the difference
provided for. Mention in this lease of any particular remedy, shall not
between the rent reserved hereunder for the unexpired portion of the term
preclude Owner from any other remedy, in law or in equity. Tenant hereby
demised and the fair and reasonable rental value of the demised premises
expressly waives any and all rights of redemption granted by or under any
for the same period. In the computation of such damages the difference
present or future laws in the event of Tenant being evicted or dispossessed
between any installment of rent becoming due hereunder after the date of
for any cause, or in the event of Owner obtaining possession of the demised
termination, and the fair and reasonable rental value of the demised
premises, by reason of the violation by Tenant of any of the covenants and
premises for the period for which such installment was payable, shall be
conditions of this lease, or otherwise.
discounted to the date of termination at the rate of four percent (4%) per
annum. If such demised premises or any part thereof be re-let by the Owner
Fees and
19. If Tenant shall default in the observance or
for the unexpired term of said lease, or any part thereof, before presentation
performance of any term or covenant on Tenant’s
Expenses:
of proof of such liquidated damages to any court, commission or tribunal,
part to be observed or performed under, or by
the amount of rent reserved upon such re-letting shall be deemed to be the
virtue of, any of the terms or provisions in any article of this lease, after
fair and reasonable rental value for the part or the whole of the demised
notice, if required, and upon expiration of any applicable grace period, if
premises so re-let during the term of the re-letting. Nothing herein
any, (except in an emergency), then, unless otherwise provided elsewhere
contained shall limit or prejudice the right of the Owner to prove for and
in this lease, Owner may immediately, or at any time thereafter and without
obtain as liquidated damages, by reason of such termination, an amount
notice, perform the obligation of Tenant thereunder. If Owner, in
equal to the maximum allowed by any statute or rule of law in effect at the
connection with the foregoing, or in connection with any default by Tenant
time when, and governing the proceedings in which, such damages are to
in the covenant to pay rent hereunder, makes any expenditures or incurs any
be proved, whether or not such amount be greater, equal to, or less than, the
obligations for the payment of money, including but not limited to
amount of the difference referred to above.
reasonable attorneys’ fees, in instituting, prosecuting or defending any
action or proceeding, and prevails in any such action or proceeding, then
17. (1) If Tenant defaults in fulfilling any of the
Tenant will reimburse Owner for such sums so paid, or obligations
Default:
covenants of this lease other than the covenants
incurred, with interest and costs. The foregoing expenses incurred by
for the payment of rent or additional rent; or if the demised premises
reason of Tenant’s default shall be deemed to be additional rent hereunder,
become vacant or deserted; or if any execution or attachment shall be issued
and shall be paid by Tenant to Owner within ten (10) days of rendition of
against Tenant or any of Tenant’s property, whereupon the demised premises
any bill or statement to Tenant therefore. If Tenant’s lease term shall have
shall be taken or occupied by someone other than Tenant; or if this lease be
expired at the time of making of such expenditures or incurring of such
rejected under §365 of Title 11 of the U.S. Code (Bankruptcy Code); or if
obligations, such sums shall be recoverable by Owner, as damages.
Tenant shall have failed, after five (5) days written notice, to redeposit with
Owner any portion of the security deposit hereunder which Owner has
20. Owner shall have the right at any time without
Building
applied to the payment of any rent and additional rent due and payable
the same constituting an eviction and without
Alterations
hereunder; or if Tenant shall be in default with respect to any other lease
incurring liability to Tenant therefore, to change
and
between Owner and Tenant; or if Tenant shall fail to move into or take
the arrangement and/or location of public
Management:
possession of the demised premises within thirty (30) days after the
entrances, passageways, doors, doorways,
commencement of the term of this lease, then, in any one or more of such
corridors, elevators, stairs, toilets or other public parts of the building, and
events, upon Owner serving a written fifteen (15) days notice upon Tenant
to change the name, number or designation by which the building may be
specifying the nature of said default, and upon the expiration of said fifteen
known. There shall be no allowance to Tenant for diminution of rental
(15) days, if Tenant shall have failed to comply with or remedy such
value and no liability on the part of Owner by reason of inconvenience,
default, or if the said default or omission complained of shall be of a nature
annoyance or injury to business arising from Owner or other Tenants
that the same cannot be completely cured or remedied within said fifteen
making any repairs in the building or any such alterations, additions and
(15) day period, and if Tenant shall not have diligently commenced curing
improvements. Furthermore, Tenant shall not have any claim against
such default within such fifteen (15) day period, and shall not thereafter
Owner by reason of Owner’s imposition of such controls of the manner of
with reasonable diligence and in good faith, proceed to remedy or cure such
access to the building by Tenant’s social or business visitors as the Owner
default, then Owner may serve a written five (5) days notice of cancellation
may deem necessary for the security of the building and its occupants.
of this lease upon Tenant, and upon the expiration of said five (5) days this
lease and the term thereunder shall end and expire as fully and completely
21. Neither Owner nor Owner’s agents have
No Repre-
as if the expiration of such five (5) day period were the day herein definitely
made any representations or promises with
sentations
fixed for the end and expiration of this lease and the term thereof, and Tenant
respect to the physical condition of the building,
Owner:
shall then quit and surrender the demised premises to Owner, but Tenant
the land upon which it is erected or the demised
shall remain liable as hereinafter provided.
premises, the rents, leases, expenses of operation or any other matter or
thing affecting or related to the demised premises, except as herein
to supply, or is delayed in supplying, any service expressly or impliedly to
expressly set forth, and no rights, easements or licenses are acquired by
be supplied, or is unable to make, or is delayed in making, any repair,
Tenant by implication or otherwise, except as expressly set forth in the
additions, alterations, or decorations, or is unable to supply, or is delayed in
provisions of this lease. Tenant has inspected the building and the demised
supplying, any equipment, fixtures, or other materials, if Owner is
premises and is thoroughly acquainted with their condition and agrees to take
prevented or delayed from so doing by reason of strike or labor troubles or
the same “as-is”, and acknowledges that the taking of possession of the
any cause whatsoever including, but not limited to, government preemption
demised premises by Tenant shall be conclusive evidence that the said
or restrictions, or by reason of any rule, order or regulation of any
premises and the building of which the same form a part were in good and
department or subdivision thereof of any government agency, or by reason
satisfactory condition at the time such possession was so taken, except as to
of the conditions which have been or are affected, either directly or
latent defects. All understandings and agreements heretofore made between
indirectly, by war or other emergency.
the parties hereto are merged in this contract, which alone fully and completely
expresses the agreement between Owner and Tenant, and any executory
28. Except as otherwise in this lease provided,
Bills and
agreement hereafter made shall be ineffective to change, modify, discharge or
any notice, statement, demand or other
Notices:
effect an abandonment of it in whole or in part, unless such executory
communication required or permitted to be given,
agreement is in writing and signed by the party against whom enforcement of
rendered or made by either party to the other, pursuant to this lease or
the change, modification, discharge or abandonment is sought.
pursuant to any applicable law or requirement of public authority, shall be
in writing (whether or not so stated elsewhere in this lease) and shall be
End of
22. Upon the expiration or other termination of
deemed to have been properly given, rendered or made, if sent by registered
Term:
the term of this lease, Tenant shall quit and
or certified mail (express mail, if available), return receipt requested, or by
surrender to Owner the demised premises,
courier guaranteeing overnight delivery and furnishing a receipt in
“broom-clean”, in good order and condition, ordinary wear and damages
evidence thereof, addressed to the other party at the address hereinabove set
which Tenant is not required to repair as provided elsewhere in this lease
forth (except that after the date specified as the commencement of the term
excepted, and Tenant shall remove all its property. Tenant’s obligation to
of this lease, Tenant’s address, unless Tenant shall give notice to the
observe or perform this covenant shall survive the expiration or other
contrary, shall be the building), and shall be deemed to have been given,
termination of this lease. If the last day of the term of this lease or any
rendered or made (a) on the date delivered, if delivered to Tenant
renewal thereof, falls on Sunday, this lease shall expire at noon on the
personally, (b) on the date delivered, if delivered by overnight courier or (c)
preceding Saturday, unless it be a legal holiday, in which case it shall expire
on the date which is two (2) days after being mailed. Either party may, by
at noon on the preceding business day.
notice as aforesaid, designate a different address or addresses for notices,
statements, demand or other communications intended for it. Notices given
23. Owner covenants and agrees with Tenant that
by Owner’s managing agent shall be deemed a valid notice if addressed and
Quiet
upon Tenant paying the rent and additional rent
set in accordance with the provisions of this Article. At Owner’s option,
Enjoyment:
and observing and performing all the terms,
notices and bills to Tenant may be sent by hand delivery.
covenants and conditions, on Tenant’s part to be observed and performed,
Tenant may peaceably and quietly enjoy the premises hereby demised,
29. As long as Tenant is not in default under any
Services
subject, nevertheless, to the terms and conditions of this lease including, but
of the covenants of this lease beyond the
Provided by
not limited to, Article 31 hereof, and to the ground leases, underlying leases
applicable grace period provided in this lease for
Owner:
and mortgages hereinbefore mentioned.
the curing of such defaults, Owner shall provide:
(a) necessary elevator facilities on business days from 8 a.m. to 6 p.m. and
Failure to
24. If Owner is unable to give possession of the
have one elevator subject to call at all other times; (b) heat to the demised
Give
demised premises on the date of the
premises when and as required by law, on business days from 8 a.m. to 6
Possession:
commencement of the term hereof because of the
p.m.; (c) water for ordinary lavatory purposes, but if Tenant uses or
holding-over or retention of possession of any
consumes water for any other purposes or in unusual quantities (of which
tenant, undertenant or occupants, or if the demised premises are located in
fact Owner shall be the sole judge), Owner may install a water meter at
a building being constructed, because such building has not been
Tenant’s expense, which Tenant shall thereafter maintain at Tenant’s
sufficiently completed to make the demised premises ready for occupancy,
expense in good working order and repair, to register such water
or because of the fact that a certificate of occupancy has not been procured,
consumption, and Tenant shall pay for water consumed as shown on said
or for any other reason, Owner shall not be subject to any liability for failure
meter as additional rent as and when bills are rendered; (d) cleaning service
to give possession on said date and the validity of the lease shall not be
for the demised premises on business days at Owner’s expense provided
impaired under such circumstances, nor shall the same be construed in any
that the same are kept in order by Tenant. If, however, said premises are to
way to extend the term of this lease, but the rent payable hereunder shall be
be kept clean by Tenant, it shall be done at Tenant’s sole expense, in a
abated (provided Tenant is not responsible for Owner’s inability to obtain
manner reasonably satisfactory to Owner, and no one other than persons
possession or complete construction) until after Owner shall have given
approved by Owner shall be permitted to enter said premises or the building
Tenant written notice that the Owner is able to deliver possession in
of which they are a part for such purpose. Tenant shall pay Owner the cost
condition required by this lease. If permission is given to Tenant to enter
of removal of any of Tenant’s refuse and rubbish from the building; (e) if
into possession of the demises premises, or to occupy premises other than
the demised premises are serviced by Owner’s air conditioning/cooling and
the demised premises, prior to the date specified as the commencement of
ventilating system, air conditioning/cooling will be furnished to Tenant
the term of this lease, Tenant covenants and agrees that such possession
from May 15th through September 30th on business days (Mondays
and/or occupancy shall be deemed to be under all the terms, covenants,
through Fridays, holidays excepted) from 8:00 a.m. to 6:00 pm., and
conditions and provisions of this lease, except the obligation to pay the
ventilation will be furnished on business days during the aforesaid hours
fixed annual rent set forth in the preamble to this lease. The provisions of
except when air conditioning/cooling is being furnished as aforesaid. If
this article are intended to constitute “an express provision to the contrary”
Tenant requires air conditioning/cooling or ventilation for more extended
within the meaning of Section 223-a of the New York Real Property Law.
hours on Saturdays, Sundays or on holidays, as defined under Owner’s
contract with the applicable Operating Engineers contract, Owner will
25. The failure of Owner to seek redress for
furnish the same at Tenant’s expense. RIDER to be added in
No Waiver:
violation of, or to insist upon the strict
respect to rates and conditions for such additional service; (f)
performance of, any covenant or condition of this
Owner reserves the right to stop services of the heating, elevators,
lease or of any of the Rules or Regulations, set forth or hereafter adopted
plumbing, air-conditioning, electric, power systems or cleaning or other
by Owner, shall not prevent a subsequent act which would have originally
services, if any, when necessary by reason of accident, or for repairs,
constituted a violation from having all the force and effect of an original
alterations, replacements or improvements necessary or desirable in the
violation. The receipt by Owner of rent and/or additional rent with
judgment of Owner, for as long as may be reasonably required by reason
knowledge of the breach of any covenant of this lease shall not be deemed
thereof. If the building of which the demised premises are a part supplies
a waiver of such breach, and no provision of this lease shall be deemed to
manually operated elevator service, Owner at any time may substitute
have been waived by Owner unless such waiver be in writing signed by
automatic control elevator service and proceed diligently with alterations
Owner. No payment by Tenant or receipt by Owner of a lesser amount than
necessary therefor without in any way affecting this lease or the obligations
the monthly rent herein stipulated shall be deemed to be other than on
of Tenant hereunder.
account of the earliest stipulated rent, nor shall any endorsement or
statement of any check or any letter accompanying any check or payment
30. The Captions are inserted only as a matter of
Captions:
as rent be deemed an accord and satisfaction, and Owner may accept such
convenience and for reference, and in no way
check or payment without prejudice to Owner’s right to recover the balance
define, limit or describe the scope of this lease nor the intent of any
of such rent or pursue any other remedy in this lease provided. No act or
provisions thereof.
thing done by Owner or Owner’s agents during the term hereby demised
shall be deemed an acceptance of a surrender of the demised premises, and
31. The term “office”, or “offices”, wherever
Definitions:
no agreement to accept such surrender shall be valid unless in writing
used in this lease, shall not be construed to
signed by Owner. No employee of Owner or Owner’s agent shall have any
mean premises used as a store or stores, for the sale or display, at any
power to accept the keys of said premises prior to the termination of the
time, of goods, wares or merchandise, of any kind, or as a restaurant,
lease, and the delivery of keys to any such agent or employee shall not
shop, booth, bootblack or other stand, barber shop, or for other similar
operate as a termination of the lease or a surrender of the demised premises.
purposes, or for manufacturing. The term “Owner” means a landlord or
lessor, and as used in this lease means only the owner, or the mortgagee
Waiver of
26. It is mutually agreed by and between Owner
in possession for the time being, of the land and building (or the owner of
Trial by Jury:
and Tenant that the respective parties hereto shall,
a lease of the building or of the land and building) of which the demised
and they hereby do, waive trial by jury in any
premises form a part, so that in the event of any sale or sales or
action proceeding or counterclaim brought by either of the parties hereto
conveyance, assignment or transfer of said land and building, or of said
against the other (except for personal injury or property damage) on any
lease, or in the event of a lease of said building, or of the land and
matters whatsoever arising out of, or in any way connected with, this lease,
building, the said Owner shall be, and hereby is, entirely freed and
the relationship of Owner and Tenant, Tenant’s use of, or occupancy of, the
relieved of all covenants and obligations of Owner hereunder, and it shall
demised premises, and any emergency statutory or any other statutory
be deemed and construed without further agreement between the parties
remedy. It is further mutually agreed that in the event Owner commences
or their successors in interest, or between the parties and the purchaser, at
any proceeding or action for possession, including a summary proceeding
any such sale, or the said lessee of the building, or of the land and
for possession of the demised premises, Tenant will not interpose any
building, that the purchaser, grantee, assignee or transferee or the lessee
counterclaim of whatever nature or description in any such proceeding,
of the building has assumed and agreed to carry out any and all covenants
including a counterclaim under Article 4, except for statutory mandatory
and obligations of Owner, hereunder. The words “re-enter” and “re-entry”
counterclaims.
as used in this lease are not restricted to their technical legal meaning. The
term “business days” as used in this lease shall exclude Saturdays,
Inability to
27. This lease and the obligation of Tenant to pay
Sundays and all days as observed by the State or Federal Government as
Perform:
rent hereunder and perform all of the other
legal holidays and those designated as holidays by the applicable building
covenants and agreements hereunder on part of
service union employees service contract, or by the applicable Operating
Tenant to be performed shall in no way be affected, impaired or excused
Engineers contract with respect to HVAC service. Wherever it is
because Owner is unable to fulfill any of its obligations under this lease, or
expressly provided in this lease that consent shall not be unreasonably
withheld, such consent shall not be unreasonably delayed.
Rider to be added if necessary.
If an excavation shall be made upon land
letting of the demised premises, whether such damages or deficiency
32.
Adjacent
adjacent to the demised premises, or shall be
accrued before or after summary proceedings or other re-entry by Owner. In
Excavation-
authorized to be made, Tenant shall afford to the
the case of every such use, application or retention, Tenant shall, within five
Shoring:
person causing or authorized to cause such
(5) days after demand, pay to Owner the sum so used, applied or retained
excavation, a license to enter upon the demised premises for the purpose of
which shall be added to the security deposit so that the same shall be
doing such work as said person shall deem necessary to preserve the wall
replenished to its former amount. In the event that Tenant shall fully and
or the building, of which demised premises form a part, from injury or
faithfully comply with all of the terms, provisions, covenants and conditions
damage, and to support the same by proper foundations, without any claim
of this lease, the security shall be returned to Tenant after the date fixed as
for damages or indemnity against Owner, or diminution or abatement of
the end of the lease and after delivery of entire possession of the demised
rent.
premises to Owner. In the event of a sale of the land and building, or leasing
of the building, of which the demised premises form a part, Owner shall
Tenant and Tenant’s servants, employees,
have the right to transfer the security to the vendee or lessee, and Owner
33.
Rules and
agents, visitors, and licensees shall observe
shall thereupon be released by Tenant from all liability for the return of such
Regulations:
faithfully, and comply strictly with, the Rules and
security; and Tenant agrees to look to the new Owner solely for the return of
Regulations and such other and further reasonable Rules and Regulations
said security, and it is agreed that the provisions hereof shall apply to every
as Owner and Owner’s agents may from time to time adopt. Notice of any
transfer or assignment made of the security to a new Owner. Tenant further
additional Rules or Regulations shall be given in such manner as Owner
covenants that it will not assign or encumber, or attempt to assign or
may elect. In case Tenant disputes the reasonableness of any additional
encumber, the monies deposited herein as security, and that neither Owner
Rules or Regulations hereafter made or adopted by Owner or Owner’s
nor its successors or assigns shall be bound by any such assignment,
agents, the parties hereto agree to submit the question of the reasonableness
encumbrance, attempted assignment or attempted encumbrance.
of such Rules or Regulations for decision to the New York office of the
American Arbitration Association, whose determination shall be final and
Tenant, at any time, and from time to time,
35.
Estoppel Certificate:
conclusive upon the parties hereto. The right to dispute the reasonableness
upon at least ten (10) days prior notice by Owner,
of any additional Rules or Regulations upon Tenant’s part shall be deemed
shall execute, acknowledge and deliver to Owner, and/or to any other
waived unless the same shall be asserted by service of a notice, in writing,
person, firm or corporation specified by Owner, a statement certifying that
upon Owner, within fifteen (15) days after the giving of notice thereof.
this lease is unmodified and in full force and effect (or, if there have been
Nothing in this lease contained shall be construed to impose upon Owner
modifications, that the same is in full force and effect as modified and
any duty or obligation to enforce the Rules and Regulations or terms,
stating the modifications), stating the dates to which the rent and additional
covenants or conditions in any other lease, as against any other tenant, and
rent have been paid, and stating whether or not there exists any default by
Owner shall not be liable to Tenant for violation of the same by any other
Owner under this lease, and, if so, specifying each such default and such
tenant, its servants, employees, agents, visitors or licensees.
other information as shall be required of Tenant.
Tenant has deposited with Owner the sum
The covenants, conditions and agreements
Security:
34.
36.
Successors
of
contained in this lease shall bind and inure to the
and Assigns:
$
as security for the faithful
benefit of Owner and Tenant and their respective
performance and observance by Tenant of the
heirs, distributees, executors, administrators, successors, and except as
terms, provisions and conditions of this lease; it is agreed that in the event
otherwise provided in this lease, their assigns. Tenant shall look only to
Tenant defaults in respect of any of the terms, provisions and conditions of
Owner’s estate and interest in the land and building, for the satisfaction of
this lease, including, but not limited to, the payment of rent and additional
Tenant’s remedies for the collection of a judgment (or other judicial
rent, Owner may use, apply or retain the whole or any part of the security
process) against Owner in the event of any default by Owner hereunder,
so deposited to the extent required for the payment of any rent and
and no other property or assets of such Owner (or any partner, member,
additional rent, or any other sum as to which Tenant is in default, or for any
officer or director thereof, disclosed or undisclosed), shall be subject to
sum which Owner may expend or may be required to expend by reason of
levy, execution or other enforcement procedure for the satisfaction of
Tenant’s default in respect of any of the terms, covenants and conditions of
Tenant’s remedies under, or with respect to, this lease, the relationship of
this lease, including but not limited to, any damages or deficiency in the re-
Owner and Tenant hereunder, or Tenant’s use and occupancy of the
demised premises.
Rider to be added if necessary.
In Witness Whereof,
Owner and Tenant have respectively signed and sealed this lease as of the day and year
first above written.
Witness for Owner:
Witness for Tenant:
ACKNOWLEDGEMENT
STATE OF NEW YORK,
SS.:
COUNTY OF
On the ___________ day of _____________________ in the year _____________, before me, the undersigned, a Notary Public
in and for said State, personally appeared ______________________________________________________________, personally
known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
_____________________________________________
NOTARY PUBLIC