2020-090 AMS - Avison Young Europa Center Lease SDC

Browse Search

( v ) Landlord shall provide Tenant with a statement showing actual Operating Expenses within 90 days after the end of each comparison year. Balance due , if any , shall be paid in full by Tenant within 30 days of receipt . If in the twelve - month period preceding the computation of each Operating Expense Adjustment , the occupancy of the net Rentable Square Feet of the Building averages less than ninety-five percent ( 95 % ) , then it is agreed that the Landlord ' s Operating Expenses will be adjusted for such year so that such Operating Expenses shall be computed as though the net Rentable Square Feet of the Building has been ninety-five percent ( 95 % ) occupied for such calendar year . ( e ) Abated Rent . For the first N /A month period following the Commencement Date , Tenant shall have no obligation to pay any Rent or other charges due under this Lease , except for its utility services ( telephone and internet ) . ( f) Additional Rent . All other charges , costs and sums required to be paid by Tenant to Landlord under this Lease shall be deemed to be additional rent , and shall be collectable by Landlord as such . ( g ) Independent Covenant . The obligation to pay any and all rent hereunder is a separate and independent covenant of Tenant , and no breach or alleged breach by Landlord of the terms hereof shall give Tenant any right to withhold or escrow any rental payments when due . 5 . LATE PAYMENT . Tenant recognizes and acknowledges that if rent payments are not received when due , Landlord will suffer damages and additional expense . Tenant therefore agrees that a late fee equal to five ( 5 % ) percent of the rent which is late may be assessed by Landlord as additional rent if the Landlord has not received any monthly installment of annual rent or other rent or additional rent due pursuant to this Lease within five ( 5 ) days of its due date . If any check given in payment of rent is not honored when due , Landlord may assess the late fee and may also require that subsequent rent payments be made by certified or cashier' s check . Landlord ' s rights under this Section 5 are in addition to and may be exercised cumulatively with Landlord ' s rights and remedies under Section 14 below . 6 . SECURITY DEPOSIT . theFeef as is requ Fed , tE) GUFe TeRaRt' s default . if ataRytiMe PFieFtG the teFmiRatieR of this Lease I= and ! E) Fd depletes the deposit OR whele eF in paFt , TeRaRt shall immediately FesteFe the aFFIGURt 69 used by LandIeFd . URIess LandIeFd uses the deposit t9 GUre a default ef TeRaRt , eF t9 FesteFe the Leased Premises te the GE) Rditien that TeRantis requiFed te leave them at the GeRGIUSiOR of the TeFm , LandIeFd shall withiR thiFty ( 30 ) days of the termiRatiGR of the Lease FefURd so muGh of the depesit as it GORtinues to held te TeRaRt , less aR ! f interest eaFRed 7 . USE OF LEASED PREMISES AND COMPLIANCE WITH LAW . The Leased Premises shall be used only for general office purposes , and for no other purposes without the Landlord ' s prior written consent . Tenant shall not use the Leased Premises for any unlawful purpose or in any manner that might constitute a nuisance . Tenant shall comply with all land use covenants and Rules and Regulations ( see Exhibit C ) pertaining to the Leased Premises , and all ordinances and regulations of governmental authorities applicable to the Leased Premises . S . SIGNS . Landlord shall furnish , install and maintain a sign at the entry to Tenant' s office , and a Building directory at a convenient location in the Building , listing the name of the Tenant and the suite number of Tenant' s entrance office . No other signage shall be installed by Tenant anywhere at the Europa Center without Landlord ' s written consent , which may be withheld in Landlord ' s sole discretion . Any other sign requested by the Tenant and approved by Landlord which is of greater cost than the sign ordinarily furnished by the Landlord shall be paid for by the Tenant , and shall be installed by the Landlord at Tenant' s expense 9 . CARE AND MAINTENANCE . Subject to the provisions of Section 29 , Tenant shall , at the Tenant' s own expense , keep the Rented Space in good condition and shall pay for the repair of any damages caused by the Tenant , its agents , employees , invitees or contractors . Tenant shall make at its sole cost and expense , replacements or restorations , in quality equivalent to or better than the original work , as may be required to maintain the Rented Space in good repairand condition , ordinary wear excepted . With respectto repairs requested by Tenant to be performed by Landlord , the Tenant shall pay the Landlord for any expense incurred by the Landlord , including overtime , in the event repairs , alterations , decorating or other work in the Rented Space are not made during ordinary business hours . 10 . ALTERATIONS BY TENANT . ( a ) Requirements . Tenant shall not do any painting or decorating , or erect any partitions , make any alterations in or additions to the Rented Space or do any nailing , boring or screwing into the ceilings , walls or floors ( collectively and individually , "Alterations " ) without the Landlord ' s prior written general and specific consent in each and every instance , with the exception of picture hanging and limited installation of shelving . Page 6 - THE EUROPA CENTER Lease 01 �l ?�!�'' Lan ord Tenant Initials Initials