|
• covenants and agrees to pay to the Sublessor, without setoff or deduction whatsoever, rent in the
<br /> amount of$260.17 per month payable on the first day of each month during the Term of March
<br /> 1, 1998, to February 28, 1999, and $325.21 per month during the Term of March 1, 1999 to April
<br /> 14, 1999. Such rent includes Real Estate Taxes, Insurance Premiums and Common Area
<br /> Expenses as indicated in the Prime Lease. In the event that the Term begins or ends on other
<br /> than the first or last day of the month, rent shall be pro-rated for such partial month. Sublessor
<br /> shall be responsible for payment of all rent due to the Landlord under the Prime Lease.
<br /> (3) Term. The Term of this Sublease shall be for the period commencing on March 1,
<br /> 1998 and terminating on April 14, 1999. In the event the Sublessor takes action to extend the
<br /> Term or Renewal Term of the Prime Lease, the Term of this Sublease shall be extended, at the
<br /> option of Sublessee, to February 28, 2000 and, if such extension is so agreed to by Sublessee,
<br /> Sublessee covenants and agrees to pay Sublessor, without setoff or deduction whatsoever, rent in
<br /> the amount of$325.21 per month during the Term of such Sublessee's extension, which Term
<br /> shall be April 15, 1999 to February 28, 2000.
<br /> (4) Quiet Enjoyment. Sublessor covenants that Sublessee, subject to the Prime Lease
<br /> and on paying the rents and performing the covenants herein set forth, shall and may peaceably
<br /> and quietly have, hold and enjoy the Subleased Premises for the Term hereof free of all claims
<br /> made by persons claiming by, through or under Sublessor. Subleased Presmises shall be used for
<br /> the purpose of warehousing, final assembly, shipping/receiving and, at the option of Sublessee,
<br /> marketing, administrative and product development activities. Sublessor shall provide, at no cost
<br /> • to Sublessee, all utilities described in the Prime Lease, such utilities being electricity, gas, water,
<br /> fuel, sewer charges, and trash hauling.
<br /> (5) Exclusions. The following rights, if any, reserved to the Sublessor under the
<br /> Prime Lease shall be reserved to the Sublessor, and Sublessee shall have no right therein:
<br /> (a) The right to sublease, assign or sublet.
<br /> (b) Any right on the part of the Sublessor under the Prime Lease to terminate
<br /> the Prime Lease in the event of damage by casualty or taking by eminent
<br /> domain,the default of the Landlord, or for any reason whatsoever.
<br /> (c) Any option or right to extend the Term or any Renewal Term.
<br /> (6) Maintenance. The Sublessee agrees to accept the Subleased Premises as of the
<br /> commencement of the Term in their then "as is" condition and that they will take good care of the
<br /> Subleased Premises, and will commit no waste, and will not do, suffer or permit to be done any
<br /> injury to the same; that they will keep said Subleased Premises in at least as good order,
<br /> condition and state of repair required of Sublessor under the Prime Lease; that they will permit
<br /> the Sublessor to enter onto the Subleased Premises at any and all reasonable times to inspect the
<br /> same or for any other proper purpose without liability on the part of Sublessor for any loss or
<br /> • interruption of business occasioned thereby, and that they will not do or permit to be done any act
<br /> or thing contrary to the covenants and agreements made by the Sublessor in the Prime Lease.
<br /> eda/doc/protleas 2
<br />
|