`\lO.
`68132/2017
`INDEX NO. 68132/2017
`FILED: WESTCHESTER COUNTY CLERK 10/27/2017 03:40 PM
`FILED: WESTCHESTER COUNTY CLERK 10m2017 03:40 PM
`IND:
`
`NYSCI
`
`,NYSCEF:
`10/27/2017
`NYSCEF DOC. NO. 2
`RECEIVED NYSCEF: 10/27/2017
`3F DOC . JNQ‘KQ
`N“
`REQElI VB '
`
`STANDARD FORM OF STORE LEASE
`The Real Estate Board or New York, Inc.
`
`
`
`
`5/5/80
`
`hgrrrntrnt of dimer, madcas ofthis
`Fifth!“ ,_dayof
`October -
`I9 89
`-',betwccr:
`SHEMON SHALIT, M.D. AND MALKA SHALIT,
`having offices at: 701 Wés'tchester Ave; Suite 2A
`l
`pzt.ty of the first part, hereinafter referred to as OWNER, and
`
`
`White Plains, Nan York 10604
`_ RViEBENS-IE
`.
`I’ll M.,.D..;..39 Paddington Rd.,Scarsdale~, N.Yt 10583
`,
`‘
`‘
`‘
`party of the second part, hereinafter referred to as TENAN'I,
`i3 littwm‘lll: Owner hereby leases to Tenant and Tenant hereby hires from Owner 895 square 533:: on the
`SL1 .ond Floor as more particularly described on schedule "A" annexed
`'
`
`in the building known ale creenridge Avenue, White .Plains, N.Y. .10605’
`lorelootluuomhxocf >
`5 even years
`,lflifimmmeK,. for the term of
`(0! until suchhterm shrill sooner cease and expire as l
`tereinaftcr provided) to commencc'on the
`‘
`is”
`@231:
`day of Nov ber
`_.:IHEY—‘§Lif~s-t~ Hawk
`em
`nineteen hundred and eighty‘nine
`day “Wt/(steady, nineteen hundred and ninety—six
`ho h dates inclusive, at an annual rental rate of .$~2
`6,850.00, which rent shall be payable inrequal
`rnO"thly installments of $2,237.50, subject to adjustments as provided in Paragraph 41‘
`.i reinafter sometimes referred to as ”fixed minimum rent").‘
`'
`'
`
`which "‘cnztnt agrees to pay in lawful money of the United States which shall be legal tenderin payment ofall debts
`wines, public and private, at the time of payment, in cqtt
`
`
`ah duri:
`al monthly installments in advance on the first day ofcacf:
`:tid term, at the office of Owner or sucl
`tothcr placc as Owner may designate, without any set offor
`tlctfthllOtl whatsoever. except that Tenant shall pay the first
`monthly installmentls) on the eXecution hereol
`(unless this lensc- be ‘a renewal).
`
`“
`-
`,and to end on tlte
`
`The parties hereto, for themselves, their heirs, distributccs; executors, administrators, legal representatives.
`Micecssors and assigns, hereby covenant as follows:
`
`Rent:
`Occupancy:
`
`l. Tenant shall pay the 'rcnt as above and as hcrcinaftcr provided.
`l
`2. Tenant shall use and occupy dcmiscd premises for doctor' 3 offices
`
`ml for no other purpose, 'l'cnnnt shall at all times conduct its husincssin a lzigl
`,m; ‘iilllil keep Show windows and signs in :t neat and clcztn conditiunr
` 3. Tenant shull make no changes in or to thc dcntiscd
`'
`of:
`nalurcwithou: Ow
`priorwrittcn
`
`prior
`.ttcn consent of f. t
`r. and to ”it
`s of this flullCiQ. ‘lcnunt 3t Tenant‘s expense, may make
`‘
`'
`llntinns, additions or improvemcnts which are non-
`
`
`hich do not affect util. y services or plumbing and
`
`
`“ms. in o' l" the intcricr efthc clctuiscd premises by using
`toys or nu:
`mes first approved by Owner. Tenant Sllflli,
`
`c making any alterations. additions. installations or improve-
`at
`its expense. obtain all permits, opprowtls and certificates
`red by any governmental or quasi-governmental bodies and
`
`completion) certificates of final approval thcrcofand shall
`promptly duplicates of all such permits, approvals and
`‘crtt. sates to Owner and Tcnant agrees to carry and will cause
`E'cn..ut‘s colitinctors and sub-contractors to carry such workman's
`notgcnsalion. general
`liability, personal and property damage
`:1; Lance as Owner may require.
`If any mechanic's lien is filed
`
`.2
`st
`the dcntiscd premises, or the building ofwhich the same
`l
`a part, for work claimed to have done for, or materials
`
`died to. Tenant. whether or not done pursuant to this article,
`ntc shall hc discharged by Tenant within tcndzys tltcrcaftcr.at
`
`t‘s cxpcnsc. by filing the bond required by law. All fixtures and
`
`ncling. partitions. railings and likcinstullutions, installed in the
`sex at any time. citltcr by Tenant or by Owner in Tenant‘s
`
`.f, shall, upon installation, become the property owancr and
`-
`zt'n upon and be surrendered with the dcmlscd premises
`
`Owner. by notice it) Tenant no later than twenty days priorto
`fixed as the termination of this lease. clccts to relinquish
`
`5 rights thereto and to have them removed by Tenant. in
`
`event. the sumc shall be removed from the premises by Tenant
`
`r to thc cxpitiltion of the lease. at Tenant's expense. Nothing in
`1
`shall he construed to give Owner title to or to prevent
`'
`cmovnl of trudc fixtures. mm'cuhlc office furniture und
`
`'ut. but upon I'cmmul ufnny such from the premises or upon
`at ufothcr instullutinns ttx muv he r
`ircd by ()wncr.'l'ennnt
`
`
`mulimc
`.
`. ulstnrctltcprcmiscsto
`lion and repair tiny (la mugc to
`lding due m such removal. M!
`llctptircmcnts 6. Prior to the commencement of the lease term, i.
`h
`.. nntnt the cud
`d to he
`
`of l,nw.
`Tenant is then in possession, and at all times there-
`
`l‘Erc
`:it'tcr. Tenant at Tenant‘s solc cost and Cxpcnsc,'sl‘l;lt.
`n lh: pt'cr“
`> :lilL.
`lbl’LJlOVill‘Sl‘lllll he
`tc
`may, zit
`tztc clcctintt cl Owner. cithcr he
`Inxurnttcc:
`promptly comply with all present and {Uill‘f'Svtika
`orders and regulations ofnll state. federa.. mumcxpn.
`
`
`rtf or may he returned from the pt'cmixcs
`tmd lncul governments. tlcpurt r-cnls. commlssrons and boards out.
`any direction of any public otztccr pursuant to km. and all order.»
`
` ..
`.. ... .,./..... .m.WM
`
`
`
`
`
`*whicn consent or approval shall not be unreasonably withheld.
`
`
`
`0l
`
`lgrudc and reputable manner. shall not violate Article 37 hereof.
`
`
`.fi. Owner
`sh
`maintain and repair
`the public
`iiL‘flPH'S
`
`portions c
`uildin
`hoth exterior and inter
`
`
`
`lllltl
`nt to erect on the outside 0‘.
`if Owner
`t.
`cxccpt
`
`
`:1 sign or sig s.
`‘ elevator for the
`lift or rid
`hui
`
` use of ‘l'm:
`
`t,
`t
`tn:
`shrill
`n such exterin:
`
`- and shall
`. so the some to hi:
`llntiocs in good up,
`
`npcrated tn :1 good and worm
`.thikc manner and shall make ll?
`rco...rs thereto rtccessurv lo'
`tmc in good order and condition.
`
`at"l‘cnant‘s own cost :tnd
`5c, and shall cause the same to hr
`covered by the insurance pro .ded for hereafter in «\rticlc S, Tenant
`shall,
`:hroughout
`the term of this tense,
`take good cure ot‘ the
`(kit
`'scd premises and the fixtures and appurtenances therein, and
`thesidewallts adjacent lhcrclo, and it its sole cost and cxpcnsc, mnlcr
`.‘lll non-structural repairs :ltchlO as and when needed to prCSCl‘V‘:
`them in good working order and condition, reasonable wear amt
`
`tear, obsolescence and damage from the clcmcnts, frc or 01‘
`-
`casualty, excepted. lf lllC dcmisctl promises he or human: inlet
`--:1
`with vermin, Tenant shall at Tenant‘s expense, cause the same to l);
`cxtcrminatcd from time to time to the satisfaction owancr, Exccp.
`:zs sticcifcally provided in Article 9 or elsewhere in thi§ lease. :hcr.
`shall he no allowance to thc ’i‘crzunt for the diminutttton ofrcntn
`vzlluc and no liability on the part of Owncr hy reason of incon
`vanence, annoyance or injury to business arzsing from Ownet
`Tcnunl or others making or failing, to make any repairs. alterations,
`additions or improvements in orto any portion ofthc building or tht
`dcmiscd premises or
`in and to the fixtures, appurtenances 0.
`equipment thereof. The provisions ofthis article 4 With respect to :h.
`making ofrcpairs shall not apply in the casc of fire or other casuah;
`which are dealt with in article 9 hereof.
`"Window
`5. Tcnnnt will not clear. nor require, pcrmit.suffcr0‘
`Cleaning:
`allow any window in the demiscd premiscs to b'
`clcnncd from the outside in violation of Scction 2d
`of the New York State Labor Law or any othcrapplicnblc law or o
`the Rules of the Board of Standards and Appeals. or of any OlltCt
`Board or body having or asserting jurisdiction.
`
`
`
`

`

`
`EX \lO .
`68132/2017
`INDEX NO. 68132/2017
`FILED: WESTCHESTER COUNTY CLERK 10/27/2017 03:40 PM
`
`IND
`FILED WESTCHESTER COUNTY CLERK 10m2017 03 40 PM
`
`
`
`NYSC
`
`T“
`RnCfiIVfiD NYSCEF:
`10/27/2017
`NYSCEF DOC. NO. 2
`RECEIVED NYSCEF: 10/27/2017
`3F DOC. _NO.
`
`use or manner of use of the premises or the building (including the use
`permitted under the lease). Nothing herein shall require Tenant to make
`structural repairs or alterations unlessi enant has, by its manner of use of
`the demised premises or method of operation therein, violated any such
`laws, ordinances. orders, rules, regulations or requirements with respect
`thereto. Tenant may, after securing Owner to Owner’s satisfaction
`against all damages, interest, penalties and expenses. including, but not
`limited to, reasonable attorney’s fees. by cash deposit or by surety bond
`in an amount and in a company satisfactory to Owner, contest and appeal
`any such laws, ordinances, orders, rules, regulations or requirements pro-
`vided same is done with all reasonable promptness and provided such ap-
`peal shall not subject Owner to prosecution for a criminal offense or con—
`stitute a default under any lease or mortgage under which Owner may be
`obligated, or cause the demised premises or any part thereof to be com
`demned or vacated. Tenant shall not do or permit any act or thing to be
`done in or to the demised premises which is contrary to law, or which will
`invalidate or be in conflict with public liability, fire or other policies of in-
`surance at any time carried by or for the benefit of Owner with respect to
`the demised premises or the building of which the demised premises form
`a part, or which shall or might subject Owner to any liability or respon-
`sibility to any person or for property' damage. Tenant shall not keep
`anything in the demised premises except as now or hereafter permitted by
`the Fire Department, Board of Fire Underwriters, Fire insurance Rating
`Organization or other authority having jurisdiction, and then only in such
`manner and such quantity so as not to increase the rate for fire insurance
`applicable to the building, nor use the premises in a manner which Will in.
`crease the insurance rate for the building or any property located therein
`over that in effect prior to the commencement of’l‘enant’s occupancy. Te-
`nant shall pay all costs, expenses, fines, penalties, or damages, which may
`be imposed upon Owner by reason of Tenant’s failure to comply with the
`provisions ofthis article and if by reason of such failure the fire insurance
`rate shall, at the beginning of this lease or at any time thereafter, be
`higher than it otherwise would be, then Tenant shall reimburse Owner, as
`additional rent hereunder, for that portion of all lire insurance premiums
`thereafter paid by Owner which shall have been charged because of such
`failure by Tenant. In any action or proceeding wherein Owner and Tenant
`are parties, a schedule or “make-up" of rate for the building or demised
`premises issued by the New York Fire insurance Exchange. or other body
`making fire insurance rates applicable to said premises shall be conclusive
`cVidencc of the facts therein stated and of the several items and charges in
`the fire insurance rates then applicable to said premises. Tenant shall not
`place a load upon any floor of the demised premises exceeding the floor
`load per square foot area which it was designed to carry and which is
`allowed by law. Owner reserves the right to prescribe the weight
`.d posi-
`tion of all safes, business machines and mechanical equipment.
`uch in-
`stallations shall be placed and maintained by Tenant, at Tenant‘5 ex—
`re as on—
`pense in settings sufficient,in Owner’sesgucdéemgt, to absorb Tel prevent
`V'bEBTenolneeaadiflégfncéqon. men
`norma
`Subordination:
`7. This lease is subjpect and subordinate to all ground
`or underlying leases and to all mortgages Which may
`now or hereafter affect such leases or the real property of which demised
`premises are a part and to all renewals, modifications, consolidations,
`replacements and extensions or“ any such underlying leases and mort-
`gages. This clause shall be self-operative and no further instrument 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
`demised premises are a part. In confirmation of such subordination. Ten-
`ant shall cXcCUte promptly any certificate that Owner may request.
`Property—
`8. Owner or its agents shall not be liable for any dam»
`Loss, Damage,
`age to property of Tenant or of others entrusted to ems
`Reimburse-
`ployees ofthe building, our for loss of or damage to any
`merit, lndem-
`property of Tenant by theft or otherwise, nor for any in‘
`nity:
`jury or damage to persons or property resulting from
`any cause of whatsoever nature, unless caused by or due
`to the negligence of Owner, its agents, servants or employees Owner or
`its agents will not be liable for any suchdarnage caused by other tenants
`or persons in, upon or about said building or caused by operations in con-
`struction of any private, public or quasi public work.
`If at any time any windows of the demised premises are temporarily clos-
`ed, darkened or bricked up (or permanently closed, darkened or bricked
`up, if required by law) for any reason whatsoever including, but not
`limited to Owner’s OWn acts. Owner shall not be liable for any damage
`Tenant may sustain thereby and Tenant shall not be entitled to any corn~
`pensation therefor nor abatement or diminution of rent nor shall the same
`release Tenant from its obligations hereunder nor constitute an eviction.
`Tenant shall indemnify and save harmless Owner against and from all
`liabilities, obligations, damages, penalties. claims, costs and expenses for
`which Owner shall not be reimbursed by insurance, including reasonable
`attorneys fees, paid, suffered or incurred as a result of any breach by Tc-
`nant. Tenant’s agents. contractors. employees, invitees, or licensees, of
`any covenant or condition of this lease. or the carelessness, negligence or
`improper conduct of
`the Tenant, Tenant‘s
`agents, contractors,
`employees, invitees or licensees. Tenant's liability under this lease extends
`to the acts and omissions of any sub~tenant, and any agent, contractor.
`employee, invites or licensee of any sub-tenant. in case any action or pro-
`ceeding is brought against Owner by reason of any such claim, Tenant,
`upon written notice from Owner, will, at Tenant’s expense, resist or de-
`fend such action or proceeding by counsel approved by Owner in writing.
`such approval not to be unreasonably withheld.
`Dstructiun,
`9-
`(a) If the demised premises or any part thereof shall
`Fire and Other
`be damaged by fire or other casualty, Tenant shall give
`Casualty:
`immediate notice thereof to Owner and this lease shall
`continue in full force and effect except as hereinafter set
`fonh. (b) if the demised premises are partially damaged or rendered par-
`tially unusable by fire or other casualty, the damages thereto shall be
`repaired by and at the expense of Owner and the rent, until such repair
`shall be substantially completed, shall be apportioned from the day
`following the casualty according to the part of the premises which is
`usable. (c) If the demised premises are totally damaged or rendered whol-
`ly unusable by fire or other casualty, then the rent shall be proportionate-
`ly paid up to the time of the casualty and thenceforth shall cease until the
`
`
`pg? Rider to be added if necessary.
`
`date when the premises shall have been repaired and restored by Owner.
`subjeCt to Owner’s right (0 elect not to restore the same as hereinafter
`provided. (d) if the demised premises are rendered wholly unusable or
`(whether or not. the demised premises are damaged in whole or in part) if
`the building shall be so damaged that Owner shall decide to demolish it or
`to rebuild it. then, in any of such events, Owner may elect to terminate
`this lease by written notice to Tenant, given within 90 days after such fire
`or casualty, specifying a date for the expiration of the‘.ease. Wh'tch date
`shall not be more than 60 days after the giving orsuch notice. and upon
`the date specified1n such notice the term of thislease shall expire as fully
`and completely as if such date were the date set forth above for the ter~
`mination of this lease and Tenant shall forthwith quit, surrender and
`vacate the premises without prejudice however, to Landlord’s rights and
`remedies against Tenant under the lease provisions in effect prior to such
`termination, and any rent owing shall be paid up to such date and any
`payments of rent made by Tenant which were on account of any period
`subsequent to such date shall be returned to Tenantl Unless Owner shall
`serve a termination notice as provided for herein, Owner shall make the
`repairs and restorations under the conditions of (b) and (c) hereof. with
`all reasonable expedition, subject
`to delays due to adjustment of in-
`surance claims, labor troubles and causes beyond Owner’s control. After
`any such casualty, Tenant shall cooperate with Owner’s restoration by
`removing from the premises as promptly as reasonably possible, all of
`Tenant’s salvagcable inventory and movable equipment, furniture, and
`other property Tenant’s liability for rent shall resume five (5) days after
`written notice from Owner that the premises are substantially ready for
`Tenant’s occupancy. (e) Nothing contained hereinabove shall relieve Ten-
`ant from liability that may exist as a result of damage from fire or other
`casualty. Notwithstanding the foregoing, each party shall look first to any
`insurance in its favor before making any claim against the other party for
`recovery for loss or damage resulting from fire or other casualty, and to
`the extent that such insurance is in force and collectible and. to the extent
`permitted by law, Owner and Tenant each hereby releases and waives all
`right of recovery against the other or any one claiming through or under
`each of them by way of subrogation or otherwise. The foregoing release
`and waiver shall be'in force only if both releasors insurance policies con-
`tain a clause providing that such a release or waiver shall not invalidate ‘
`theinsurance. If, and to the extent, that such waiver can be obtained only
`by the payment of additional premiums. then the party benefitting from
`the waiver shall pay such premium within ten days after written demand
`or shallbe deemed to have agreed that the party obtaining insurance
`coverage shall be free of any further obligation under the provisions herof
`with respect to waiver of subrogation. Tenant acknowledges that Owner
`will not carry insurance on Tenant’s furniture and/or furnishingsor any
`fixtures or equipment, improvements, or appurtenances removable by Te-
`nant and agrees that Owner will not be obligated to repair any damage
`thereto or replace the same. (f) Tenant hereby. waives the provisions of
`Section 27 of the Real Property Law and agrees that the provisions of
`this article shall govern and control in lieu thereof.
`Eminent
`10.
`If the whole or any part of the demised premises
`Domain:
`shall be acquired or condemned by Eminent Domain for
`any public or quasi public use or purpose, then and in
`that event, the term of this lease shall cease and :erminate from the date
`of title vesting in such proceeding and Tenant shall have no claim for the
`value of any unexpired term of said lease and assigns to Owner, Tenant’s
`entire interest in any such award.
`Assignment,
`1]. Tenant, for itself, its heirs, distributees, executors,
`Mortgage,
`administrators,
`legal representatives, successors and
`Etc.:
`assigns, expressly covenants that it shall not assign,
`mortgage or encumber this agreement. nor underlct. or
`suffer or permit the demised premises or any part thereof to be used by
`others, without the prior written consent of Owner in each instance.
`Transfer of the majority of the stock of a corporate Tenant shall be deem-
`ed an assignment. If this lease be assigned, or if the demised premises or
`any part thereof be underlet or occupied by anybody other than Tenant,
`Owner may, after default by Tenant, collec: rent from the assignee,
`under-tenant or occupant, and apply the net amount collected to the rent
`herein reserved, but no such assignment, underletting, occupancy or col-
`lection shall be deemed a waiver ofthis covenant, or the acceptance of the
`assignee, under-tenant or occupant as tenant, or a release of’l‘enant from
`the further performance by Tenant of covenants on the part of Tenant
`herein contained. The consent by Owner to an assignment or underletting
`shall not in any wise be construed to relieve Tenant‘from obtaining the express
`consent in writing of Owner to any further assignment or underletting.
`Electric
`12. Rates and conditions in respect to submetering or
`Current:
`rcnr inclusion, as the case-may be,
`to be added in
`5;?
`RIDER attached hereto. Tenant covenants and agrees
`that at all times its use of electric current shall not ex-
`ceed the capacity of existing feeders to the building or the risers or wiring
`installation and Tenant may not use any electrical equipment which, in
`Owner’s opinion, reasonably exercised, will overload such installations or
`interfere with the use thereof by other tenants of the building. The change
`at any time of the character of electric service shall in no wise make
`Owner liable or raponsible to Tenant, for any loss. damages or expenses
`which Tenant may sustain.
`Access to
`‘13. Owner or Owner’s agents shall have the right (but
`Premises:
`shall not be obligated) to enter the demised premises in
`.
`*
`any emergency at any time, and, at other reasonable
`times, to examine the same and to make such repairs, replacements and
`improvements as Owner may deem necessary and reasonably desirable to
`the demised premises or to any other portion of the building or Which
`Owner may elect to perform. Tenant shall permit Owner to use and main-
`tain and replace pipes and conduits in and through the demised premises
`and to erect new pipes and conduits therein provided they are concealed
`within the walls, floor, or ceiling, Owner may. during the progress of any
`work in the demised premises, take all necessary materials and equipment
`into said premises without the same constituting an eviction nor shall the
`Tenant be entitled to any abatement of rent while such work is in progress
`nor to any damages by reason of loss or interruption of business or other-
`wise. Throughout the term hereof Owner shall have the right to enter the
`demised premises at reasonable hours for the purpose of showing the
`* on notice to tenant
`
`.
`
`
`
`

`

`
`\lO.
`68132/2017
`INDEX NO. 68132/2017
`FILED: WESTCHESTER COUNTY CLERK 10/27/2017 03:40 PM
`
`INDEX
`FILED: WESTCHESTER COUNTY CLERK 10m2017 03:40 PM
`.m
`
`
`
`NYSCI
`
`"
`R*.C*.IV*.D NYSCEF:
`10/27/2017
`NYSCEF DOC. NO. 2
`RECEIVED NYSCEF: 10/27/2017
`3F DOC. "NO.
`,‘2
`a
`u‘
`\'
`
`same to prospective purchasers or mortgagees of the building, and during
`the last six months of the term for the purpose of showing the same to
`prospective tenants. if Tenant is not present to open and permit an entry
`into the premises, Owner or Owner’s agents may enter the same whenever
`such entry may be necessary or permissible by master key or forcibly and
`provided reasonable care is exercised to safeguard Tenant’s property,
`such entry shall not render Owner or its agents liable therefor, nor in any
`event shall the obligations of Tenant hereunder be affected. If during the
`last month of the term Tenant shall have rem0ved all or substantially all
`of Tenant’s property therefrom. Owner may immediately enter, alter,
`renovate or redecorate the demised premises without limitation or abate-
`ment of rent, or incurring liability to Tenant for any compensation and
`such act shall have no effect on this lease or Tenant’s obligations
`hereunder.
`14. No Vaults, vault space or area, whether or not en-
`Vault,
`closed or covered, not within the property line of the
`Vault Space,
`building is leased hereunder, anything contained in or
`Area:
`indicated on any sketch. blue print or plan, or anything
`contained elsewhere in this lease to the contrary notwithstanding. Owner
`makes no representation as to the location of the property line or the
`building. All vaults and vault space and all such areas not within the pro-
`perty line ofthe building, which Tenant may be permitted to use and/or
`occupy, is to be used and/or occupied under a revocable license. and if
`any such license be revoked, or if the amount of such space or area be
`diminished or required by any federal, state or municipal authority or
`public utility, Owner shall not be subject to any liability nor shall Tenant
`be entitled to any compensation or diminution or abatement of rent, nor
`shall such revocation. diminution or requisition be deemed constructive
`or actual eviction. Any tax, fee or charge of municipal authorities for
`such vault or area shall be paid by Tenant.
`Occupancy:
`15. Tenant will not at any time use or occupy the
`demised premises in violation of the certificate of occu-
`pancy issued for the building of which the demised premises are a part.
`Tenant has inspected the premises and accepts then: as is, subject to the
`riders annexed hereto with respect to Owner’s work, if any. In any event,
`Owner makes no representation as to the condition of the premises and
`recor .
`Tenaplt agrees to accept the same subject to violations, whether or not of
`Bankruptcy:
`16.
`(a) Anything elsewhere in this lease to the contrary
`notwithstanding, this lease may be cancelled by Owner
`by the sending of a written notice to Tenant within a reasonable time after
`the happening of any one or more of the following events:
`(1)
`the
`commencement of a case in. bankruptcy or under the laws of any state
`naming Tenant as the debtor; or (2) the making by Tenant of an assign~
`ment or any other arrangement for the benefit ofcreditors under any state
`statute. Neither Tenant nor any person claiming through or under Te—
`nant, or by reason of any statute or order of court. shall thereafter be en-
`titled to possession of the premises demised but shall forthwith quit and
`surrender the premises. If this lease shall be assigned in accordance with
`its terms, the provisions of this Article 16 shall be applicable only to the
`party then owning Tenant's interest in this lease.
`(b) it is stipulated and agreed that in the event of
`the termination of this lease pursuant to (a) hereof, Owner shall forth-
`with, notwithstanding any other provisions of this lease to the contrary,
`be entitled to recover from Tenant as and for liquidated damages an
`amount equal to the difference between the rent reserved hereunder for
`the unexpired portion of the term demised and the fair and reasonable
`rental value of the demised premises for the same period. in. the computa-
`tion of such damages the difference between any installment of rent
`becoming due hereunder after the date of termination and the fair and
`reasonable rental value of the demised premises for the period for which
`such installment was payable shall be discounted to the date of termina-
`tion at the rate of four percent (4%) per annum. If such premises or any
`part thereof be relet by the Owner for the unexpired term of said lease. or
`any part thereof, before presentation of proof of such liquidated damages
`to any court, commission or tribunal, the amount of rent reserved upon
`such reietting shall be deemed to be the fair and reasonable rental value
`for the part or the whole of the premises so role: during the term of the
`re-letting. Nothing herein contained shall limit or prejudice the right of
`the Owner to prove for and obtain as liquidated damages by reason of
`such termination, an amount equal to the maximum allowed by any
`statute or rule of law in effect at the time when, and governing the pro-
`ceedings in which. such damages are to be proved, whether or not such
`amount be greater, equal to. or less than the amount of the difference
`referred to above.
`(I) If Tenant defaults in fulfilling any of the cove-
`Default:
`17.
`nants of this lease other than the covenants for the pay-
`ment of rent or additional term-or ii the demised premises becomes va-
`cant or deserted; or if any execution or attachment shall be issued against
`Tenant or any of Tenant’s property whereupon the demised premises
`shall be taken or occupied by someone other than Tenant: or if this lease
`be rejected under § 235 of Title ll of the US. Code (bankruptcy code); or
`if Tenant shall fall to move into or take possession of the premises within
`fifteen (15) days after the commencement of the term of this lease. then,
`in any one or more of such events, upon Owner serving a written five (5)
`days notice upon Tenant specifying the nature of said default and upon
`the expiration of said five (5) days, if Tenant shall have failed to comply
`with or remedy such default, or if the said default or omission complained
`of shall be of a nature that the same cannot be completely cured or
`remedied within said live (5) day period, and if Tenant shall not have
`diligently commenced during such default within such five (5) day period,
`and shall not thereafter with reasonable diligence and in good faith, pro- .
`coed to remedy or cure such default, then Owner may serve a written three
`(3) days’ notice of cancellation of this 1:35: upon Tenant, and upon the
`expiration of said three (3) days this lease and the term thereunder shall
`end and expire as fully and completely as if the expiration of such three
`(3) day period were the day herein definitely fixed for the end and expira-
`tion of this lease and the term thereof and Tenant shall then quit and sur-
`render the demiscd premises to Owner but Tenant shall remain liable as
`hereinafter provided.
`
`(2) if the notice provided for in (1) hereof shall
`have been given, and the term shall expire as aforesaid: or if Tenant shall
`make default in the payment of the rent reserved herein or any item ofad—
`ditional rent herein mentioned or any part of either or in making any
`other payment herein required: then and in any of such events Owner may
`without notice, re‘entcr the demised premises either by force or other-
`wise, and disposscss Tenant by summary proceedings or otherwise, and
`the legal representative of Tenant or other occupant of demised premises
`and remove their effects and hold the premises as if this lease had not
`been made, and Tenant hereby waives the service of notice of intention to
`rc-entcr or to institute legal proceedings to that end. if Tenant shall make
`default hereunder prior to the date fixed as the commencement of any
`renewal or extension of this lease, Owner may cancel and terminate such
`renewal or extension agreement by written notice.
`Remedies of
`18.
`In case of any such default, reAentry, expiration
`Owner and
`and/ or dispossws by summary proceedings or other-
`Waiver of
`wise, (a) the rent shall become due thereupon and be
`Redemption:
`paid up to the time of such re-entry, dispossess and/or
`expiration, 03) Owner may re-let the premises or any
`part or parts thereof, either in the name of Owner or otherwise, for a term
`or terms. which may at Owner’s option be less than or exceed the period
`which would otherwise have constituted the balance of the term of this
`lease and may grant concessions or free rent or charge a higher rental than
`that in this lease, and/or (c) Tenant or the legal representatives of Tenant
`shall also pay Owner as liquidated damages for the failure of Tenant to
`observe and perform said Tenant's convenants herein contained, any
`deficiency between the rent hereby reserved and/or covenanted to be paid
`and the net amount. 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 constituted the balance of the term of this lease.
`The failure of Owner to re-lct the premises or any part or parts thereof
`shall not release or affect Tenant’s liability for damages. in computing
`such liquidated damages there shall be added'to the said deficiency such
`expenses as Owner may incur in connection with re-letting, such as legal
`expenses, attorneys’ fees. brokerage, advertising and for keeping the
`dcmised premises in good order or for preparing the same for re-letting.
`Any such liquidated damages shall be paid in monthly installments byTe-
`nant on the rent day specified in this lease and any suit brought to collect
`the amount of the deficiency for any month shall not prejudice in any way
`the rights of Owner to collect the deficiency for any month shall not pre-
`judice in any way the rights of Owner to collect the deficiency of any
`subsequent month by a similar proceeding. Owner. in putting the demised
`premises in good order or preparing the same for re-rental may, at
`Owner’s option, make such alterations. repairs. replacements, and/or
`decorations in the demised premises as Owner, in Owner’s sole judgment,
`considers advisable andnecessary for the purpose of re-letting the demis-
`ed premises, an