|
<br />SIXTH: DEFAULT: The prompt payment of the rent for said premises upon the dates named, and
<br />the f,lIthful observance of the rules and regulations printed upon this lease, and which are hereby made a part of this
<br />covenont, ond of such other and further rules or regulations as may be hereafter made by the Lessor, are the
<br />conditIOns upon which the lease is made and accepted and any failure on the part of the Lessee to comply with the
<br />terms of said lease, or any of said rules and regulations now in existence, or which may be hereafter prescribed by the
<br />Lessor, shall at the option of Lessor, constitute a default under this lease.
<br />
<br />SEVENTH: ABANDONMENT: If the Lessee shall abandon or vacate said premises before the end
<br />of the term of this lease, or shall suffer the [entto be in arrears, the Lessor may, at its option, forthwith cancel this
<br />lease or enter said premises as the agent of the Lessee, without being liable in any way therefor, and relet the premises
<br />With or without any furniture that may be therein, as the agent of the Lessee, at such price and upon such terms and for
<br />such duration of time as the Lessor may determine, and receive the rent therefor, applying the same to the payment of
<br />rent due by these presents, and if the full rental herein provided shall not be realized by Lessor over and above the
<br />expenses to Lessor in such re-Ietting, the said Lessee shall pay any deficiency. Lessor shall not be liable to Lessee in
<br />the event of any excess. Notwithstanding Lessee's abandonment or Lessor's acceptance thereof, Lessee shall be
<br />responsible to satisfy any and all obligations due to Lessor under the terms of this lease.
<br />
<br />EIGHTH: COLLECTION: Lessee agrees to pay all costs of collections and attorney's fees incurred
<br />by Lessor In the event of any breach of this lease by Lessee. This provision shall apply to all trial and appellate
<br />proceedings, Lessee also waives all rights to reciprocal attorney's fees under Law.
<br />
<br />NINTH: UTILITIES: The Lessee agrees that be will pay all charges for rent, gas, electricity or other
<br />illumination, rubbish removal, and for all water used on said premises, as well as any and all tax liabilities, and should
<br />said charges for rent, light, rubbish removal, water or taxes herein provided for at any time remain due and unpaid for
<br />the space of five days after same shall have become due, the Lessor may, at its option, consider the said Lessee <It
<br />sufferance and the entire rent shall at once be due and payable and may forthwith be collected by distress or otherwise.
<br />
<br />TENTH: SECURITY INTEREST: The said Lessee hereby pledges and assigns to the Lessor all tn,e
<br />furniture, fixtures, goods and chattels of said Lessee, which shall or may be brought or put on said premises as security
<br />for the payment of the rent herein reserved, and the Lessee agrees that the said lien may be enforced by distress (and
<br />Lessee waives all rights to require Lessor to post bond), foreclosure or otherwise at the election of the said Lessor.
<br />
<br />ELEVENTH: LESSOR'S ACCESS: The Lessor, or any of his agents, shall have the right to enter
<br />said premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may
<br />be deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit said premises,
<br />and to put or keep upon the doors or windows thereof a notice "FOR RENT' at any time within six (6) months before
<br />the expiration of this lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures,
<br />alleralions, or additions, which do not conform to this agreement, or to the rules and regulations of the building.
<br />
<br />TWELFTH: ACCEPTANCE OF PREMISES AND REPAIR: Lessee hereby accepts the premises in
<br />the condition they are in at the beginning of this lease and agrees to maintain said premises in the same condition,
<br />order and repair as they are at the commencement of said ter[l1, excepting only reasonable wear and tear arising from
<br />the use thereof under this agreement, and to make good to'said Lessor immediately upon demand, any damage to
<br />water apparatus, or electric lights or any fixture, appliances or appurtenances of said premises, or of the building,
<br />caused by any act or neglect of Lessee, or of any person or persons in the employ, under the control of the Lessee, or
<br />a business Invitee of the Lessee. If Lessee refuses or neglects to repair the leased premises as required hereunder to
<br />the reasonable satisfaction of the Lessor as soon as reasonably possible after written demand, Lessor may make such
<br />repairs without liability to Lessee for any loss or damage that may occur to Lessee's merchandise, fixtures, or other
<br />property, or to Lessee's business by reason thereof, and upon completion thereof, Lessee shall pay as additional rent
<br />Lessor's cost for making such repairs plus twenty (20%) percent for overhead, upon presentation of a bill therefor.
<br />Said bill shall include interest at the highest legal rate on said cost from the date of completion of repairs by Lessor.
<br />
<br />THIRTEENTH: INSTALLATION BY TENANT: All personalty installed by Tenant shall be new or
<br />completely reconditioned. Tenant shall not make, or cause to be made, any interior alterations, additions or
<br />improvements or install, or cause to be installed, any exterior signs, exterior lighting, plumbing fixtures, shades or
<br />awnings or make any changes to the store front without first obtaining Lessor's written approval and consent. Tenant
<br />shall present to the Lessor plans and specifications for work at the time approval Is sought.
<br />
<br />FOURTEENTH: HOLD HARMLESS: It is expressly agreed and understood by and between the
<br />parties to this agreement, that the Lessor, its principals, employees, agents and all affiliated or related ownership
<br />entilies shall not be liable to Lessee for any.damage or injury by water, or water seepage, any damage or injury
<br />resulting from the carelessness, negligence, or improper conduct on the part of any other Tenant or agents, or
<br />employees, any damage by reason of the breakage, leakage, or obstruction of the water, sewer or soil pipes, or other
<br />leakage In or about the said building. Neither the Lessor nor Lessor's agents shall be responsible for any damages
<br />caused by, or growing out of, any breakage, leakage, or defective condition of the electrical wiring, air conditioning or
<br />heating pipes and equipment, plumbing, appliances, sprinklers, other facilities or other equipment, serving the leased
<br />premises, Neither Lessor nor Lessor's agents shall be liable for any damages caused by, or growing out of, any defect
<br />in the Shopping Center or any part thereof, or in said Leased Premises or any part thereof of fire, rain, wind or other
<br />cause, Lessor, its principals, employees, agents and all affiliated or related ownership entities shall not be liable to
<br />Tenant and shall be held harmless from any and all liability to Tenant, except for their intentional and/or willful acts.
<br />
<br />FIFTEENTH: BANKRUPTCY: If the Lessee shall become insolvent or if bankruptcy proceedings
<br />shall be begun by or against the Lessee, before the end of said term the Lessor is hereby irrevocably authorized at its
<br />option, to forthwith cancel this lease, as for a default. Lessor may elect to accept rent from such receiver, trustee, or
<br />oth1?r judicial officer during the term of their occupancy in their fiduciary capacity without affecting Lessor's rights as
<br />contained in this contract, but no receiver, trustee or other judicial officer shall ever have any right, title or interest in or.
<br />to the above described property by virtue of this contract. Lessor shall also be granted immediate relief from any
<br />applicable automatic stay to seek eviction or other remedies or shall likewise be entitled to an obtain order authorizing
<br />a rejection of the lease at the Lessor's option which may limit the Tenant from maintaining possession of the premises,
<br />notwithstanding the institution of bankruptcy. In the event Lessor is required to exercise any rights under this
<br />paragraph, Lessee agrees to immediately consent to any and all of the relief requested by Lessor,
<br />
<br />2
<br />
|