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<br />(b) Landlord shall pay the following utilities: ~`~ /"~ r w .
<br />Responsibility co pay for a utility service shall include all metering, hook-up fees or other miscellancous churges associated with the installation
<br />and maintenance of such utility in said party's name.
<br />COMMON AREA COSTS; RULES AND REGULATIONS
<br />7. If the Premises are part of a larger building or group of buildings, Tenant shall pay as additional rental monthly, in advance, its pro rata share
<br />of common azea maintenance costs as hereinafter more particularly set forth in the Special Stipulations (see Puragraph 38). The Rules and
<br />Regulations, if any, attached hereto are made a part of this Lease. Tenant agrees to perform and abide by these Rules and Regulations, if any, and
<br />such other Rules and Regulations, if any, as may be made from time to time by Landlord.
<br />USE OF PREMISES ~ /J~,"~,, "7 l Or~'~~ ~ "' "`~ (~~
<br />8. The Premises shall be used for l
<br />purposes only and no other. The Premises shall not be used for any illegal purposes, nor in any manner to create any nuisance or trespass, nor in
<br />any manner to vitiate the insurance or increase the rate of insurance on the Premises. [n the event Tenant's use of the Premises results in an increase
<br />in the rate of insurance on the Premises, Tenant shall pay to Landlord, upon demand and as additional rental, the amount of any such increase.
<br />TAX AND INSURANCE ESCALATION
<br />9. Tenant shall pay upon demand as additional rental during the term of this Lease, and any extension or renewal thereof;
<br />~~^ The amount by which all taxes (induding but not limited to, ad valorem taxes, special assessments and any other governmental chazges)
<br />on [he Premises for each tax yeaz exceed all taxes on the Premises for the tax year 199 ; or
<br />N~ ^ all taxes (including but not limited to, ad valorem taxes, special assessments and any other governmental charges) on the Premises for each
<br />tax year.
<br />In the event the Premises aze less than the entire property assessed for such taxes for any such tax year, then the tax for any such year applicable
<br />to the Premises shall be determined by proration on the basis that the rentable 17oor area of the Premises bears to the rentable floor azea of the
<br />entire property assessed. lf the final year of the Lease tenn fails to coincide with the tax year, then any excess for the tax year during which the
<br />term ends shall be reduced by the pro rata part of such tux yeaz beyond the Lease term. If such taxes for the year in which the L,ease terminates
<br />are not ascertainable before payment of the last month's ren[al, theu the amount of such taxes assessed against [he property for the previous [ax
<br />year shall be used as a basis for determining the pro rata share, if any, to be paid by Tcnant for that portion of the last Lease yeaz.
<br />Tenant shall further pay upon demand as additional rental during the tenn of this Lease, and any extension or renewal thereof:
<br />N~ ^ the excess cost of fire and extended coverage insurance including any and all public liahility insurance on the building over the cost of the
<br />first yeaz oF the Lease term for each subsequent ye:u~ during the term of lhis Lease;or
<br />~^ all fire and extended coverage insurance including any and alI public liubility insurance on the building. ~'
<br />In the event the Premises aze less than the entire property, then the insurance payable by Tenant for the Premises shall be determined by proration
<br />on the basis that the rentable floor azea of the Premises bears to the rentable floor azea of the entire property. Tenant sha11 pay all taxes and
<br />insurance as provided herein within fifteen (15) days after receipt of notice from Landlord as to the amount due. Tenant shall be solely responsible
<br />for insuring Tenant's personal and business property and for paying any taxes or governmental assessments levied thereon.
<br />INDEMNITY;INSURANCE/UT/I~~x-~u~ p2Y/12~(~QG~6y LQfI~Q!'1d ~J7~jfJ~~LI[~e, ~~~U~'S OIUf~~G~ dc~ ~~62QG(~'~
<br />10.~( Tenant agrees to and hereby does indenmifv and sa.e Lancllora harmless against zll claims for damages to persons or property by reason of
<br />Tenant's use or occupancy of the Premises, and al! expenses incwred by Landlord because thereof, including attomey's fees ana court costs.
<br />Supplementing the foregoing and in addition thereto, Tenant shall during the term of this Lease and any extension or renewal thereof, and at
<br />Tenant's expense, maintain in full force and effect comprehensive general liability i~surance with limits of $ t~~ ~ O ~ r per
<br />3 D00 000 "-, ~'^
<br />person and $ ~ per accident, and property damage limits of $ .~~ ~ I~~ ~ which
<br />insurance shall contain a special endorsement recognizing and insuring any liability accruing to Tenant under the first sentence of this paragraph,
<br />and naming Landlord as addidonal insured. Tenant shall provic3e evidence oF such insurance to Landlord prior to the commencement of the term
<br />of this Lease. Landlord and Tenant each hereby release and relieve the other, and waive any right of recovery, for loss or damage azising out of
<br />or incident to the perils insured against which perils occur in, on or about the Premises, whether due to the negligence of Landlord or Tenant or
<br />their agents, employees, contractors and/or invitees, to the extent that such loss or damage is within the policy limits of said comprehensive $eneral.
<br />liability insurance. Landlord and Tenant shall, upon obtaining the policies of insurance required, give notice to the insurance carrier or carriers
<br />that the foregoing mutual waiver of subrogation is contained in this Leasc.
<br />REPAIRS BY LANDLORD
<br />11. Landlord agrees to keep in good repair the roof, foundation and exterior walls of the Premises (exclusive of all glass and exclusive of all
<br />exterior doors) and underground utility and sewer pipes outside the exterior walls of the building, except repairs rendered necessary by the
<br />negligence or intentional wrongful acts of 1'enant, its sgents, cmployees or invitees. If thc Premises are part of a larger building or group of
<br />buildings, then ro the extent that the grounds arc comnwn areas, Landli~rd shall maintuin the grounJs surrounding the building, including paving,
<br />[he mowing of grass, care of shrubs and general landscaping. Tenant shall promp~ly report in writing to LandlorJ any defeclive condition known
<br />to it which Landlord is required to repair and failure to report such conditions shall make Tenant responsible to Landlord for any liability incurced
<br />by Landlord by reason of such conditions.
<br />REPAIRS BY TENANT
<br />12. Tenant accepts the Premises in their present condition and as suited for the uses intended by TenanL Tenant shall, throughout the initial
<br />term of this Lease, and any extension or renewal thereof, ~ t its expense, maintain in good order and repair the Premises, including the building,
<br />heating and air conditioning equipment (including but not -imited to replacement of parts, compressors, air handling units and heating units) and
<br />other improvements located thereon, except those repairs expressly required to be made by Landlord hereunder. Unless the grounds aze common
<br />areas of a building(s) larger than the Premises, Tenant further ugrees to care for the grounds around the building, including paving, the mowing of
<br />grass, caze of sh.ubs and general landscap:ng. Tenant ag;ees to retu~n the Premises ko Landlord at the expiration or prior termination of this L~ase,
<br />in as good condition and repair as when first received, natural wear and teaz, damage by storm, fire, lightning, earthquake or other casualty alone
<br />excepted. Tenant, Tenant's employees, agents, conttactors or subcontractors shall take no action which may void any manufacturers or installers
<br />warranty with relalion to the Premises. Tenant shall indemnify and hold Landlord harmless from any liability, claim, demand or cause of action
<br />arising on account of Tenants breach of the provisions of this paragraph.
<br />ALTERATIONS
<br />l3. Tenant shall not make any alterations, addi[ions, or improvcmenls to the Prcmises wilhout Landlurd's prior writ[en consent. Tenant shall
<br />prompdy remove any alterations, additions, or improven~cats constructed in violation of this P~ragraph upon Landlord's written request. All
<br />approved alterations, additions, and improvements will be accomplished in a good and workmanlike manner, in conformity will all applicable laws
<br />and regulations, and by a contractor approved by Landlord, free of any liens or encumbrances. Landlord may reyuire Tenant to remove any
<br />alterations, additions or improvements (whether or not madc with Landlord's consent) at the termination of the Lease and to restore the Premises
<br />to its prior condition, all at Tenant's expense. All alterations, additions and improvemen[s which Landlord has not required Tenant to remove shall
<br />become Landlord's property and shall be surrendered to Landlord upon the termination of this Lease, except that Tenant may remove any of
<br />Tenant's machinery or equipment which can be removed withoat material damage to the Premises. Tenant shall repair, at Tenant's expense, any
<br />damage to the Premises caused by the removal of any such macl~inery or equipnzent.
<br />REMOVAL OF FIXTURES
<br />14. Tenant may (if not in default hereunder) prior to the expiration of this Lease, or any extension or renewal thereof, remove all fixtures and
<br />equipment which it has placed in ihe Premises, provided Tenant repairs all clamage to the Premises caused by such removal.
<br />20F5
<br />NCAR FORM #590
<br />Copyright 6l96
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