|
required to, make such repairs without liability to Tenant for any loss or damage that may occur to
<br /> Tenant ' s merchandise, fixtures or other property or to Tenant ' s business by reason thereof, and upon
<br /> completion thereof Tenant shall pay Landlord' s costs for making such repairs as additional rent. If
<br /> Tenant does not pay such costs of repairs, Landlord shall also have, in addition to any other remedies,
<br /> the remedies of termination of the Lease upon written notice to the Tenant and of repossession of the
<br /> Demised Premises .
<br /> (c) Tenant shall maintain the exterior of the Demised Premises including exterior of the building,
<br /> exterior storage areas, rear wash-down area, landscaped areas and parking areas in a clean, functioning,
<br /> and presentable condition. Any replacement of landscape or repairs to structures or items on the
<br /> premises are to be at Tenants expense .
<br /> TENANT ' S RIGHTS TO MAKE ALTERATIONS
<br /> 11 . Tenant will not make any alterations, improvements or additions to the Demised Premises of a
<br /> structural nature without first obtaining the written consent of Landlord. All alterations, improvements
<br /> and additions made by Tenant shall remain upon the Demised Premises at the expiration or earlier
<br /> termination of this Lease Agreement and shall become the property of Landlord, unless Landlord shall,
<br /> prior to the termination of this Lease Agreement, have given written notice to Tenant to remove same,
<br /> in which event Tenant shall remove such alterations , improvements and additions and restore the
<br /> premise to the same good order and condition in which they were at the commencement of this Lease .
<br /> Should Tenant fail so to do, Landlord may do so , collecting the cost and expense thereof from Tenant
<br /> as additional rent.
<br /> AFFIRMATIVE COVENANTS OF TENANT
<br /> 12 . Tenant covenants and agrees :
<br /> (a) To comply with any and all requirements of any of the constituted public authorities, and with the
<br /> terms of any State or Federal statute or public authorities , and with the terms , of any State or
<br /> Federal statute or local ordinance or regulation applicable to Tenant or its use of the Demised
<br /> Premises and save Landlord harmless from penalties , fines, costs, expenses or damages resulting
<br /> from failure to do so .
<br /> (b) To give to Landlord prompt written notice of any accident, fire or damage occurring in or to the
<br /> Demised Premises and the common area.
<br /> (c) To keep the Demised Premises sufficiently heated to prevent freezing of water in pipes and
<br /> fixtures .
<br /> (e) To conduct its business in the Demised Premises in all respects in a diligent and dignified manner
<br /> and keep the Demised Premises in first class condition in accordance with high standards I
<br /> (f) To do all things necessary to prevent the filing of any mechanics ' or other liens against the
<br /> Demised Premises or any part thereof by reason of work, labor, services or materials supplied or
<br /> claimed to have been supplied to Tenant, or anyone holding the Demised Premises or any part
<br /> thereof, through or under Tenant. If any such lien shall at any time be filed against Tenant ' s
<br /> interest in the Demised Premises, Tenant shall either cause the same to be discharged of record
<br /> within twenty (20) days after the date of filing of the same, or, if Tenant, in Tenant' s discretion and
<br /> in good faith, determines that such lien should be contested, shall furnish such security as may be
<br /> necessary or required to prevent any foreclosure proceedings against Tenant' s interest in the
<br /> Demised Premises during the pendency of such contest. If Tenant shall fail to discharge such lien
<br /> within such period or fail to furnish such security, then, in addition to any other right or remedy of
<br /> Landlord resulting form Tenant' s said default, Landlord may, but shall not be obligated to,
<br /> discharge the same either by paying the amount claimed to be due or by procuring the discharge of
<br /> such lien by giving security or in such other manner as is, or may be, prescribed by law. Nothing
<br /> contained herein shall imply any consent or agreement on the part of Landlord to subject
<br /> Landlord' s estate to liability under any mechanics ' or other lien of law.
<br /> (h) To repay to Landlord as additional rental, on demand, all sums disbursed or deposited by Landlord
<br /> pursuant to the foregoing provisions of this Article, including Landlord' s costs, expenses and
<br /> reasonable attorneys ' fees incurred by Landlord in connection therewith, together with interest
<br /> thereon at the maximum rate allowed by law.
<br /> NEGATIVE COVENANTS OF TENANT
<br /> 13 . Tenant will not do any of the following without prior consent in writing of Landlord :
<br /> (a) Do or suffer to be done, any act, matter or thing objectionable to insurance companies whereby the
<br /> fire insurance or any other insurance now in force or hereafter to be placed on the Demised
<br /> Premises or any part thereof, or on the building of which the Demised Premises may be a part, shall
<br /> become void or suspended, or whereby the same shall be rated as a more hazardous risk than at the
<br /> date when Tenant receives possession hereunder. In case of a breach of this covenant, in addition
<br /> to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as additional rent ,
<br /> any and all increase or increases of premiums on insurance, including rent insurance carried by
<br /> Landlord on any part of the Demised Premises , caused in any way by the occupancy of Tenant. In
<br /> determining whether increased premiums are the result of Tenant' s use of premises , a schedule
<br /> issued by the organization making the insurance rate on the Demised Premises, showing the various
<br /> /'► �Iniril a 7
<br /> (308 W. Franklin St.) (/ Landl rd Tenant
<br />
|