Exhibit 10.1.10
THE
PITTOCK BLOCK
LEASE
Between ALCO INVESTMENT COMPANY,
a Washington corporation
("Landlord")
and
ADVANCED TELECOMMUNICATIONS, INC.,
a Delaware corporation
("Tenant")
LEASE
THIS LEASE is made and entered into this 19th day of November, 1999, between
ALCO INVESTMENT COMPANY, a Washington corporation ("Landlord"), and ADVANCED
TELECOMMUNICATIONS, INC., a Delaware corporation ("Tenant")
1. BASIC LEASE PROVISIONS
AND IDENTIFICATION OF
ADDENDA AND EXHIBITS.
11. Basic Lease Provisions. LEASED PREMISES: See Exhibit B, containing approximately 4,878 square feet of rentable
floor area
ADDRESS: 000 XX Xxxxxxxxxx Xxxxxx, Xxxxx 000 Xxxxxxxx Xxxxxx 00000
LEASE TERM: Ten (10) years
COMMENCEMENT DATE: January 1, 2000
EXPIRATION DATE: December 31, 2009
MONTHLY BASE RENT: Years 1-5: $7,723.00 per month (see Base Rent Escalation Addendum
and Emergency Generator Connection Fee Addendum for
additional Monthly Base Rent payments)
Years 6-10: adjusted to market rental rate of the Building pursuant
to Market Rental Adjustment Addendum attached hereto
APPLICABLE PERCENTAGE: One and nine tenths of one percent (1.9%) (see Subsection 4.2(a))
PERMITTED USES: Location and operation of telecommunications equipment and general
offices.
TENANTS REPRESENTATIVE: Xxxxxx Xxxxxx
BROKER: Alco Properties
ADDENDA: BASE RENT ESCALATION, MARKET RENTAL ADJUSTMENT, COOLING TOWER CONNECTION
FEE, ELECTRICAL CONNECTION FEE, EMERGENCY GENERATOR CONNECTION FEE,
CONNECTIVITY RIGHT, RULES AND REGULATIONS
1.2 Identification of The exhibits and addenda, if any, identified in
Exhibits and Addenda. and attached to this Lease are incorporated in
this Lease by reference.
2. LEASED PREMISES.
2.1 Leased Premises. Landlord hereby leases to Tenant, and Tenant
hereby accepts from Landlord, subject to and
with the benefit of the terms and provisions of
this Lease, the Leased Premises located in the
improvements which are located on the real
property described in Exhibit A and depicted in
Exhibit B. The real property and improvements
are hereinafter referred to as the "Building".
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2.2 Tenant Improvements Tenant accepts the Leased Premises in "as is"
Provisions. condition.
3. TERM. This Lease shall be for a term ("Term") which
commences on the Commencement Date and expires
on the Expiration Date. The "Commencement Date"
shall be the date listed in Section 1.1.
4. RENT AND OTHER CHARGES.
4.1 Monthly Base Rent. Commencing on the Commencement Date, Tenant
shall pay to Landlord, without notice or demand
and without any set-off or deduction
whatsoever, the monthly sums set forth in
Subsection 1.1 above (the "Monthly Base Rent")
which tenant shall pay in advance on or before
the first day of each calendar month of the
Term. If the Term commences on a day other than
the first day of a calendar month, the Monthly
Base Rent for such month shall be a prorated
portion of the Monthly Base Rent, based upon a
thirty (30) day month.
4.2 Other Charges. In addition to the Monthly Base Rent, Tenant
shall pay to Landlord in the manner' provided
in Subsection 4.2(b), Tenant's share of the
Insurance and Taxes described in Subsection
4.2(a) (hereinafter together called "Other
Charges").
(a) Other Charges. (i) Tenant shall pay to Landlord Tenant's
share of the Insurance and Taxes of the
Building for each Lease Year, or portion
thereof, during the Term. Tenant's share shall
be equal to the Applicable Percentage,
multiplied by the amount of the total Insurance
and Taxes during each Lease Year. The term
"Insurance" means the total cost and expense
for Insurance of the Building, including but
not limited to, the fire and extended coverage
insurance (with an earthquake endorsement);
public liability and property damage insurance;
and rent insurance.
(ii) The term "Taxes" means taxes on real
property and personal property, including all
tenant improvements which are paid for by
Landlord and not reimbursed by tenants, and
taxes on property of tenants of the Building
which have not been paid by such tenants
directly to the taxing authority; charges and
assessments levied with respect to the
Building, any improvements, fixtures and
equipment, and all other property of Landlord,
real or personal, used directly in the
operation of the Building, and located in or on
the Building; and any taxes levied or assessed
in addition to or in lieu of, in whole or in
part, such real property or personal property
taxes, or any other tax upon leasing of the
Building or rents collected, but excluding any
federal or state income tax or franchise tax.
(b) Payment of Other Prior to the first day of each Lease Year of
Charges. the Term (or as soon thereafter as such
information becomes available) Landlord will
notify Tenant in writing of Landlord's estimate
of Tenant's share of the Other Charges due for
the next Lease Year. Landlord's estimate shall
be based upon the actual amount of the Other
Charges for the immediately preceding Lease
Year and Landlord's estimate of Other Charges
for the next Lease Year. Tenant shall pay the
estimated Tenant's share in advance in twelve
(12) equal monthly installments on
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the first day of each month of such year.
Within thirty (30) days after the end of each
Lease Year, Landlord will compute Tenant's
share for such Lease Year based upon the actual
amount of the Other Charges for that Lease
Year, and if the total amount paid by Tenant
for such Lease Year is less than the actual
amount of Tenant's share for such Lease Years,
Tenant shall pay Landlord any deficiency. If
the total amount paid by Tenant for such Lease
Year exceeds the actual amount of Tenant's
share, Landlord shall credit such excess to the
next monthly payments of Other Charges which
thereafter come due. If the Term commences at a
time other than the beginning of a Lease Year,
Tenant shall pay the estimate of Tenant's share
for the portion remaining of the Lease Year
based upon the number of days of the Term in
such Lease Year. If this Lease expires at a
time other than the expiration date of a Lease
Year, Tenant shall be obligated to pay
immediately any deficiencies which shall be
computed at the expiration of that Lease Year.
If the estimated amount Tenant has paid for
that Lease Year exceeds the actual amount of
Tenant's share, Landlord shall refund such
excess to Tenant. If at any time during a Lease
Year the amount of the Other Charges increases
over the estimated amount, Landlord may, at its
election, adjust the amount of monthly
estimated installments due during the balance
of that Lease Year to reflect such increase.
Any increased payments required to be made
pursuant to this Subsection shall be made
within thirty (30) days after Landlord has
notified Tenant thereof. Tenant's obligations
under this Subsection shall survive the
expiration or termination of this Lease.
4.3 Late Charges. If Tenant fails to pay when the same is due and
payable, any Monthly Base Rent or any
additional rent, such unpaid amounts shall bear
interest at the rate of eighteen percent (18%)
per annum from the date due to the date of
payment, but in no event in excess of the
maximum rate, if any, permitted by applicable
law. In addition to such interest, if any
Monthly Base Rent installment is not received
by Landlord from Tenant by the tenth (10th) day
of the month for which such installment is due,
Tenant shall immediately pay to Landlord a
late charge equal to five percent (5%) of each
installment.
5. PERSONAL PROPERTY TAXES. Tenant shall pay, or cause to be paid, before
delinquency, any and all taxes levied or
assessed during the Term upon all Tenant's
leasehold improvements, equipment, furniture,
fixtures, and any other personal property
located in the Leased Premises.
6. LICENSES AND TAXES. Tenant shall be liable for, and shall pay
throughout the Term, all license and excise
fees and business and occupation taxes covering
the business conducted on the Leased Premises.
If any governmental authority or unit under any
present or future law effective at any time
during the Term hereof shall in any manner levy
a tax on rents payable under this Lease or
rents accruing from use of the Leased Premises
or a tax in any form against Landlord because
of or measured by income derived from the
leasing or rental of such property, such tax
shall be paid by Tenant, either directly or
through Landlord. Upon Tenant's failure to pay
such amounts, Landlord shall have the same
remedies as for failure to pay rent. Tenant
shall not be liable to pay any net income tax
imposed on Landlord.
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7. USE.
7.1 Permitted Uses. Tenant shall not use or permit or suffer the
use of the Leased Premises for any business or
purpose other than set forth in Subsection 1.1
above. Tenant shall not do or permit anything
to be done in or about the Leased Premises or
bring or keep anything therein which will in
any way increase the existing rate or premiums
of, or affect any, fire or other insurance upon
the Leased Premises or the Building, or cause a
cancellation of any insurance policy covering
the Leased Premises or the Building or any part
thereof or any of its contents. Tenant shall
not do or permit or suffer anything to be done
in or about the Leased Premises which will in
any way obstruct or interfere with the rights
of other tenants or occupants in the Building.
Tenant shall, at its sole cost and expense,
promptly comply with all local, state or
federal laws.
7.2 Hazardous Waste and Tenant shall not dispose of or otherwise allow
Materials. the release of any hazardous waste or materials
in, on or under the Leased Premises, or any
adjacent property, or in any improvements
placed on the Leased Premises. Tenant
represents and warrants to Landlord that
Tenant's intended use of the Premises does not
involve the use, production, disposal or
bringing on to the Leased Premises of any
hazardous waste or materials. As used herein,
the term "hazardous waste or materials"
includes any substance, waste or material
defined or designated as hazardous, toxic or
dangerous (or any similar term) by any federal,
state or local statute, regulation, rule or
ordinance now or hereafter in effect. Tenant
shall promptly comply with all statutes,
regulations and ordinances, and with all
orders, decrees or judgments of governmental
authorities or courts having jurisdiction,
relating to the use, collection, treatment,
disposal, storage, control, removal or cleanup
of hazardous waste or materials in, on or under
the Leased Premises or any adjacent property,
or incorporated in any improvements, at
Tenant's expense.
Tenant shall not allow smoke of any kind in the
Leased Premises, including but not limited to,
smoke from cigarettes, pipes and cigars unless
Tenant provides, at Tenant's sole expense, an
air supply and exhaust system which is one
hundred percent separated from the Building air
system shared with other tenants.
After notice to Tenant and a reasonable
opportunity for Tenant to effect such
compliance, Landlord may, but is not obligated
to, enter upon the Leased Premises and take
such actions and incur such costs and expenses
to effect such compliance as it deems advisable
to protect its interest in the Leased Premises;
provided, however, that Landlord shall not be
obligated to give Tenant notice and an
opportunity to effect such compliance if (1)
such delay might result in material adverse
harm to Landlord or the Leased Premises, (2)
Tenant has already had actual knowledge of the
situation and a reasonable opportunity to
effect such compliance, or (3) an emergency
exists. Whether or not Tenant has actual
knowledge of the release of hazardous waste or
materials on the Premises or any adjacent
property as the result of Tenant's use of the
Leased Premises, Tenant shall reimburse
Landlord for the full amount of all costs and
expenses incurred by
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Landlord in connection with such compliance
activities, and such obligation shall continue
even after the termination of this Lease.
Tenant shall notify Landlord immediately of any
release of any hazardous waste or materials on
the Leased Premises.
Tenant agrees to indemnify and hold Landlord
harmless against any and all losses,
liabilities, suits, obligations, fines,
damages, judgments, penalties, claims, charges,
cleanup costs, remedial actions, costs and
expenses (including, without limitations,
attorneys' fees and disbursements) which may be
imposed on, incurred or paid by, or asserted
against Landlord or the Premises by reason of,
or in connection with (1) any
misrepresentation, breach of warranty or other
default by Tenant under this Lease, or (2) the
acts or omissions of Tenant, or any subtenant
or other person for whom Tenant would otherwise
be liable, resulting in the release of any
hazardous waste or materials.
Tenant acknowledges that the Premises may
contain asbestos materials, and Tenant accepts
the Premises and the Building notwithstanding
such materials. If Landlord is required by any
statute, regulation, order, decree, judgment,
or other law to take any action to remove or
xxxxx the asbestos materials, or if Landlord
deems it necessary to conduct special
maintenance or testing procedures with regard
to the asbestos materials, or to remove or
xxxxx such asbestos material, Landlord may take
such action or conduct such procedures at times
and in a manner that Landlord deems appropriate
under the circumstances, and Tenant shall
permit the same.
8. ALTERATIONS. Tenant shall not make any alterations,
additions, or improvements in or to the Leased
Premises without the prior written consent of
Landlord, which consent may be subject to such
conditions as Landlord may deem appropriate but
which consent shall not be unreasonably
withheld or delayed. Landlord shall use its
best efforts to expedite review and approval of
Tenant's alteration plans when Tenant's
schedule requires expedited review. Except as
otherwise expressly provided in the Tenant
Improvements Provisions, any such alterations,
additions or improvements consented to by
Landlord shall be made at Tenant's sole cost
and expense. Tenant shall secure any and all
governmental permits, approvals or
authorizations required in connection with any
such work, and shall hold Landlord harmless
from any and all liability, costs, damages,
expenses (including attorneys' fees) and any
and all liens resulting therefrom. All
alterations, additions and improvements (and
expressly including all light fixtures and
floor coverings), except trade fixtures and
other equipment which do not become a part of
the Leased Premises, shall immediately become
the property of Landlord without any obligation
to pay therefore. Upon the expiration or sooner
termination of the Term, Tenant shall, upon
written demand by Landlord, given at least
thirty (30) days prior to the end of the Term,
at Tenant's sole cost and expense forthwith
remove any trade fixtures of Tenant designated
by Landlord to be removed, but not alterations,
additions or improvements made by Tenant, and
Tenant shall forthwith at its sole cost and
expense, repair any damage to the Leased
Premises caused by such removal of trade
fixtures.
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9. MAINTENANCE, REPAIRS AND
SERVICES.
9.1 Maintenance and Repairs Landlord shall repair and maintain in good
by Landlord. order and condition the public and common areas
of the Building, including lobbies, stairs,
elevators, corridors, restrooms, windows,
mechanical, plumbing and electrical equipment
and the structure itself. However, if such
maintenance and repair becomes necessary in
whole or in part due to the act, neglect, fault
or omission of any duty by Tenant, its
employees, agents, licensees, customers, guests
or invitees, or due to damage caused by actual
or attempted breaking and entering of the
Leased Premises or other unauthorized entry of
the Leased Premises, such maintenance and
repair shall be undertaken by Landlord at
Tenant's expense. There shall be no abatement
of rent and no liability of Landlord by reason
of any interference with Tenant's business
arising from the making of any repairs,
alterations or improvements to any portion of
the Leased Premises, the Building, or to
fixtures, appurtenances and equipment therein
so long as Landlord is making reasonable good
faith efforts to minimize such interference.
9.2 Maintenance and Repairs Tenant by occupying the Leased Premises accepts
by Tenant. same as being in good and tenantable condition
in accordance with Landlord's obligations.
Tenant shall at Tenant's sole expense keep the
Leased Premises and all interior partitions,
door surfaces, fixtures, equipment and
appurtenances (including lighting and plumbing
fixtures) in good and sanitary condition and
repair, ordinary wear and tear excepted;
provided, however, with respect to such items
that are shared with other tenants of the
Building, Tenant shall pay its pro-rata share
of such expenses. Tenant shall at the
expiration or termination of the Term surrender
to Landlord the Leased Premises and all
alterations, additions and improvements in the
same condition as when received, ordinary wear
and tear excepted. Landlord has no obligation
and has made no promise to alter, remodel,
improve, or repair the Leased Premises or any
part thereof, except as specifically set forth
in this Lease. Tenant also acknowledges that
Landlord has made no representations or
warranties respecting the condition of the
Leased Premises or the Building, except as
specifically set forth in this Lease. If any
standard or regulation is imposed on Landlord
or Tenant by any federal, state or local
governmental or quasi-governmental body charged
with the establishment, regulation and
enforcement of occupational, health or safety
standards for employers, employees, landlords
or tenants, then Tenant agrees, at its sole
cost and expense, to comply promptly with such
standards or regulations with respect to the
Leased Premises.
9.3 Failure to Maintain. If Tenant fails to keep and preserve the Leased
Premises as set forth in Subsection 9.2 above,
Landlord may, at its option, put or cause the
same to be put in the condition and state of
repair agreed upon, and in such case, upon
receipt of written statements from Landlord,
Tenant shall promptly pay the entire cost
thereof. Landlord shall have the right, without
liability, to enter the Leased Premises for the
purpose of making such repairs upon the failure
of Tenant to do so with fifteen (15) days'
notice to Tenant, unless Landlord deems entry
necessary without notice due to an emergency.
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9.4 Surrender of Leased At the expiration or sooner termination of this
Premises. Lease, Tenant shall return the Leased Premises
to Landlord in the same condition in which
received (or, if altered by Landlord or by
Tenant with the Landlord's consent, then the
Leased Premises shall be returned in such
altered condition), reasonable wear and tear
excepted. Tenant shall remove all trade
fixtures, appliances and equipment which do not
become a part of the Leased Premises and shall
restore the Leased Premises to the condition
they were in prior to the installation of such
items, reasonable wear and tear excepted.
9.5 Services. Landlord shall furnish the Leased Premises
with:
(a) Cooling tower water pursuant to the
attached Cooling Tower Connection Fee Addendum;
(b) Electrical service pursuant to the
attached Electrical Connection Fee Addendum;
and
(c) Emergency generator service pursuant
to the attached Emergency Generator Fee
Addendum.
9.6 Landlord's Duties. Landlord shall not be in default under this
Lease or liable for any damages resulting from
or incidental to, nor shall it be an actual or
constructive eviction of the Tenant, nor shall
the rent be abated by reason of:
(a) The interruption of use of any
equipment in connection with the furnishing of
any of the services described in this Section
9;
(b) Failure to furnish or delay in
furnishing any such services when such failure
or delay is caused by accident or any condition
beyond the reasonable control of Landlord,
including the making of necessary repairs or
improvements to the Leased Premises or to the
Building/systems;
(c) Any limitation, curtailment, rationing
restrictions on the use of electricity, water,
gas or other form of energy serving the Leased
Premises or the Building; or
(d) Failure to make any repair or to
perform any maintenance, unless such failure
shall persist for an unreasonable time after
written notice of the need for such repair or
maintenance is given to Landlord by Tenant.
Landlord shall use its commercially best
efforts to remedy any interruption in the
furnishing of such services.
9.7 Governmental Any other provisions of this Section 9
Regulations. notwithstanding, if any governmental agency or
utility supplier imposes any regulations,
controls, conditions, or other restrictions
upon Landlord, Tenant, or the Building, which
require or make desirable a change in the
services provided by Landlord under this Lease
or the lighting or equipment used by Tenant on
the Leased Premises, Landlord may comply and
may require Tenant to comply with such
regulations, controls, conditions or
restrictions without Landlord being in default
under this
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Lease or liable for any damages to Tenant and
without said actions constituting an actual or
constructive eviction of Tenant or entitling
Tenant to any abatement of rent, providing that
Tenant is able to conduct its ordinary and
customary business in the Leased Premises.
Without limiting the generality of the
foregoing, it shall specifically include
curtailment, rationing, or restrictions on the
use of electricity and other sources of power,
and recommended or mandated changes in
temperatures to be maintained in the Building
or Leased Premises.
9.8 Electricity Use. Tenant shall pay for the cost of furnishing the
Leased Premises with metered electrical service
from Landlord's Electrical Service Gear
pursuant to the attached Electrical Connection
Fee Addendum. Tenant shall reimburse Landlord
for all electrical energy used in the Leased
Premises. In no event shall the Tenant's use of
electricity exceed the capacity of existing
feeders to the Building or the risers or wiring
installation, and the Landlord may prohibit the
use of any electrical equipment which in the
Landlord's opinion will overload such wiring or
interfere with the use thereof by other tenants
in the Building. If Landlord consents to the
use of equipment requiring such changes, Tenant
shall pay the cost of installing any additional
risers, panels or other facilities that may be
necessary to furnish energy to the Leased
Premises.
9.9 Conservation. Tenant shall use its best efforts to recycle
its waste and to conserve heat, air
conditioning, electricity and water usage on
the Leased Premises.
10. LIENS AND ENCUMBRANCES. Tenant shall keep the Leased Premises and the
Building, free from any liens or encumbrances
arising out of any work performed, materials
furnished or obligations incurred by Tenant,
and shall indemnify and hold Landlord harmless
from any and all costs, liability or expenses
(including attorneys' fees) arising therefrom.
11. ASSIGNMENT AND Tenant shall not assign, transfer, mortgage,
SUBLETTING. pledge, hypothecate or encumber this Lease or
any interest therein, nor sublet the whole or
any part of the Leased Premises, nor shall this
Lease or any interest hereunder be assignable
or transferable by operation of law or by any
process or proceeding of any court, or
otherwise without the consent of Landlord.
Landlord reserves the right to refuse to give
such consent if in Landlord's reasonable
business judgment the quality of business
experience or the financial worth of the
proposed new tenant is less than that of
Tenant. For the purposes hereof, if Tenant is a
partnership, a transfer of a general partner's
interests in a partnership shall be deemed an
assignment. For the purposes hereof, a
consolidation or merger of Tenant (or if Tenant
is a partnership, one or more of whose partners
is a corporation, then of such corporation(s),
or a change in more than fifty percent (50%) of
the issued and outstanding voting or non-voting
stock of Tenant (or if Tenant is a partnership,
one or more of whose partners is a corporation,
then of such corporation(s) shall be deemed as
assignment. Tenant agrees to reimburse Landlord
for Landlord's reasonable attorneys' fees
incurred in conjunction with the proceeding and
documentation of any such requested transfer,
assignment, subletting, licensing or concession
agreement, change of fee ownership or
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hypothecation of this Lease or Tenant's
interest in the Leased Premises.
12. INSURANCE AND INDEMNITY.
12.1 Indemnification. Landlord shall not be liable for injury to any
person, or for the loss of or damage to any
property (including property of Tenant)
occurring in or about the Leased Premises from
any cause whatsoever, except for Landlord's
negligent acts or willful misconduct. Tenant
hereby indemnifies and holds Landlord harmless
from and against and agrees to defend Landlord
against any and all claims, charges,
liabilities, obligations, penalties, damages,
costs and expenses (including attorneys' fees)
arising, claimed, charged or incurred against
or by Landlord from any matter or thing arising
from Tenant's use of the Leased Premises, the
conduct of its business or from any activity,
work or other things done, permitted or
suffered by the Tenant in or about the Leased
Premises, and Tenant shall further indemnify
and hold Landlord harmless from and against any
and all claims arising from any breach or
default in the performance of any obligation on
Tenant's part or to be performed under the
terms of this Lease, or arising from any act or
negligence of the Tenant, or any officer,
agent, employee, guest, or invitee of Tenant,
and from all costs, attorneys' fees, and
liabilities incurred in or about the defense of
any such claim or any action or proceeding
brought thereon; and in case any action or
proceeding be brought against Landlord by
reason of such claim; Tenant, upon notice from
Landlord, shall defend the same at Tenant's
expense by counsel reasonably satisfactory to
Landlord. The indemnification provided for in
this paragraph with respect to any acts or
omissions during the term of this Lease shall
survive any termination or expiration of this
Lease. Landlord shall not be liable for
interference with light or air or view or for
any latent defect in the Leased Premises.
Tenant shall promptly notify Landlord of
casualties or accidents occurring in or about
the Leased Premises. In the event of concurrent
negligence of Tenant, its agents, employees,
sublessees, invitees, licensees or contractors
on the one hand, and that of Landlord, its
partners, directors, officers, agents,
employees, or contractors on the other hand,
which concurrent negligence results in the
injury or damage to persons or property and
relates to the construction, alteration,
repair, addition to, subtraction from,
improvement to or maintenance of the Leased
Premises, common areas or buildings, Tenant's
obligation to indemnify Landlord as set forth
in this Section shall be limited to the extent
of Tenant's negligence, and that of its agents,
employees, sublessees, invitees, licensees or
contractors, including Tenant's proportional
share of costs, including attorneys' fees and
expenses incurred in connection with any claim,
action or proceeding brought with respect to
such injury or damage. Tenant and Landlord
further agree that this indemnification
provision has been specifically negotiated and
agreed to the parties hereto. Any
indemnification of Landlord provided for in
this Lease shall include Landlord and its
property manager and their officers, employees
and agents.
12.2 Insurance. During the entire Term of this lease Tenant
shall, at its expense, maintain adequate
liability insurance with a reputable insurance
company or companies with a combined
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single limit of $1,000,000 for personal
injuries or property damage, to indemnify both
Landlord and Tenant against any such claims,
demands, losses, damages, liabilities and
expenses. Landlord shall be named as one of the
insureds and shall be furnished with a
certificate of such insurance, which shall bear
an endorsement that the same shall not be
canceled except upon not less than twenty (20)
days' prior written notice to Landlord. Tenant
shall also at its own expense maintain, during
the Term, all-risk insurance covering its
furniture, fixtures, equipment and inventory in
an amount equal to the replacement cost
thereof, and insurance covering all plate glass
and other glass on the Leased Premises. Tenant
shall provide Landlord with copies of the
policies of insurance or certificates thereof.
12.3 Increase in Insurance Tenant shall not keep, use, sell or offer for
Premium. sale in or upon the Leased Premises any article
which may be prohibited by the standard form of
fire insurance policies. Tenant shall pay any
increase in premium for casualty and fire
(including extended coverage) insurance that
may be charged during the Term on the amount of
such insurance which may be carried by Landlord
on the Leased Premises or the Building,
resulting from Tenant's occupancy or from the
type of property which Tenant stores on the
Leased Premises, whether or not Landlord has
consented thereto. In such event, Tenant shall
also pay any additional premium on the
insurance policy that Landlord may carry for
its protection against rent loss through fire
or casualty.
12.4 Waiver of Subrogation. Landlord and Tenant hereby mutually release
each other from liability and waive all right
of recovery against each other, their agents or
employees, for any loss in or about the Leased
Premises, from perils insured against under
their respective fire and all-risk insurance
contracts, including any extended coverage
endorsements thereof, whether due to negligence
or any other cause; provided that this
subsection shall be inapplicable if it would
have the effect, but only to the extent it
would have the effect, of invalidating any
insurance coverage of Landlord or Tenant.
13. EMINENT DOMAIN.
13.1 Taking. If all or part of the Leased Premises are taken
by the power of eminent domain exercised by any
governmental or quasi-governmental authority,
this Lease shall terminate as of the date
Tenant is required to vacate the Leased
Premises and all Monthly Base Rent and other
rentals and charges due hereunder shall be paid
to that date. The term "eminent domain" shall
include the taking or damaging of property by,
through or under any governmental or
quasi-governmental authority, and any purchase
or acquisition in lieu thereof, whether or not
the damaging or taking is by government or any
other person. If part of the Building is taken
or appropriated but no portion of the Leased
Premises is taken or appropriated, this Lease
may, at the option of the Landlord, be
terminated by written notice given to the
Tenant not more than thirty (30) days after
Landlord receives notice of the taking or
appropriation. If part of the Building is taken
or appropriated but no portion of the Leased
Premises is taken or appropriated and if such
taking or appropriation has a material adverse
affect on Tenant's business this Lease may, at
the option of Tenant, be terminated by written
notice
10
given to Landlord within sixty (60) days of
receipt of notice by Tenant of such proposed
taking. Such terminations shall be effective as
of the date when the Landlord or its tenants
are required to vacate the portion of the
Building so taken.
13.2 Damages. Landlord reserves all rights to the entire
damage award or payment for any taking by
eminent domain, and Tenant shall make no claim
whatsoever against Landlord for damages. Tenant
hereby grants and assigns to Landlord any right
Tenant may now have or hereafter acquire to
such damages to which Landlord is entitled
under this Subsection 13.2 and agrees to
execute and deliver such further instruments of
assignment thereof as Landlord may from time to
time request. Tenant shall, however, have the
right to claim from the condemning authority
all compensation that may be recoverable by
Tenant for damages on account of any loss
incurred by Tenant in removing Tenant's
merchandise, furniture, trade fixtures and
equipment or for damage to Tenant's business;
provided, however, the Tenant may claim such
damages only if they are awarded separately in
the eminent domain proceeding and not as part
of landlord's damages.
14. TENANT'S DEFAULT.
14.1 Default. After ten (10) days' prior written notice to
Tenant, Landlord may at its option pay any
amounts which Tenant is obligated to pay to
third parties pursuant to this Lease, in which
event Tenant shall pay Landlord upon demand.
All amounts in addition to Monthly Base Rent
which Tenant is required to pay under this
Lease shall be considered "additional rent."
The occurrence of any one or more of the
following events shall constitute a default and
breach of this Lease by Tenant.
(a) Abandoning the The abandonment of the Leased Premises by
Leased Premises Tenant or the failure of Tenant to be open for
business (except in the event of damage or
destruction to the Leased Premises which
prevents Tenant from conducting any business
thereon or damage to the Leased Premises beyond
Tenant's reasonable control) for more than five
(5) business days.
(b) Failure to Pay The failure by Tenant to make any payment of
Rent. Monthly Base Rent, additional rent, or any
other payment required to be made by Tenant
hereunder, as and when due, where such failure
shall continue for a period of ten (10) days
after written notice thereof by Landlord to
Tenant.
(c) Failure to The failure by Tenant to observe or perform any
Perform. of the covenants, conditions or provisions of
this Lease to be observed or performed by the
Tenant, other than described in Subsection 14.1
(b) above, where such failure shall continue
for a period of fifteen (15) days after written
notice thereof by Landlord to Tenant; provided,
however, that if the nature of Tenant's default
is such that more than fifteen (15) days are
reasonably required for its cure, then Tenant
shall not be deemed to be in default if Tenant
commences such cure within said fifteen (15)
day period and thereafter diligently prosecutes
such cure to completion.
(d) Bankruptcy. The making by Tenant of any general assignment
or general arrangement for the benefit of
creditors; or the filing by or against Tenant
of a petition to have Tenant adjudged a
11
bankrupt, or a petition of reorganization or
arrangement under any law relating to
bankruptcy (unless, in the case of a petition
filed against Tenant, the same is dismissed
within sixty (60) days of filing); or the
appointment of a trustee or a receiver to the
possession of substantially all of Tenant's
assets located at or operated from the Leased
Premises or of Tenant's interest in this Lease,
where such seizure is not discharged in thirty
(30) days after appointment of such trustee or
receiver, or the filing of the petition for the
appointment of the same, whichever shall first
occur.
14.2 Remedies in Default. In the event of any such default or breach by
Tenant, Landlord may at any time thereafter,
with or without notice or demand and without
limiting Landlord in the exercise of a right or
remedy which Landlord may have by reason of
such default or breach:
(a) Terminate Terminate Tenant's right to possession of the
Lease. Leased Premises by any lawful means, in which
case this Lease shall terminate and Tenant
shall immediately surrender possession of the
Leased Premises to Landlord. In such event
Landlord shall be entitled to recover from the
Tenant all past due rents to the date of award
by the court having jurisdiction thereof; the
expenses of reletting the Leased Premises,
including necessary renovation and alteration
of the Leased Premises and reasonable
attorneys' fees; the worth at the time of award
by the court having jurisdiction thereof of the
amount by which the unpaid rent called for
herein for the balance of the Term after the
time of such award exceeds the amount of such
loss for the same period that Tenant proves
could be reasonably avoided; and that portion
of any leasing commission paid by Landlord and
applicable to the unexpired Term of this Lease.
Unpaid installments of rent or other sums shall
bear interest from the date due at the rate
provided in Subsection 4.3; or
(b) Continue the Maintain Tenant's right to possession, in which
Lease. case this Lease shall continue in effect
whether or not Tenant shall have abandoned the
Leased Premises. In such event Landlord shall
be entitled to enforce all Landlord's rights
and remedies under this Lease, including the
right to recover the Monthly Base Rent and
additional rent as may become due hereunder but
Landlord shall also be required to mitigate its
damages by seeking to re-let the Leased
Premises; or
(c) Other Remedies. Pursue any other remedy now or hereafter
available to Landlord under the laws or
judicial decisions of the State of Oregon.
14.3 Legal Expenses. If either party is required to bring or
maintain any action (including assertion of any
counterclaim or cross-claim, or claim in a
proceeding in bankruptcy, receivership or any
other proceeding instituted by a party hereto
or by others), or otherwise refers this Lease
to an attorney for the enforcement of any of
the covenants, terms or conditions of this
Lease, the prevailing party in such action
shall, in addition to all other payments
required herein, receive from the other all the
costs incurred by the prevailing party
including reasonable attorneys' fees which the
prevailing party incurred at trial and/or on
any appeal.
12
14.4 Remedies Cumulative - Landlord's remedies hereunder are cumulative
Waiver. and the Landlord's exercise of any right or
remedy due to a default or breach by Tenant
shall not be deemed a waiver of, or to alter,
affect or prejudice any right or remedy which
Landlord may have under this Lease or by law.
Neither the acceptance of rent nor any other
acts or omission of Landlord at any time or
times after the happening of any event
authorizing the cancellation or forfeiture of
this Lease, shall operate a waiver of any past
or future violation, breach or failure to keep
or perform any covenant, agreement, term or
condition hereof or to deprive Landlord of its
right to cancel or forfeit this Lease, upon the
written notice provided for herein, at any time
that cause for cancellation or forfeiture may
exist, or be construed so as at any time to
stop Landlord from promptly exercising any
other option, right or remedy that it may have
under any term or provision of this Lease, at
law or in equity.
15. DEFAULT BY LANDLORD. Landlord shall not be in default unless
Landlord fails to perform obligations required
of Landlord within thirty (30) days after
written notice by Tenant to Landlord and to the
holder of any mortgage or deed of trust
covering the Leased Premises which describes
the default; provided, however, that if the
nature of Landlord's obligation is such that
more than thirty (30) days are required for
performance, then Landlord shall not be in
default if Landlord commences performance
within such thirty (30) day period and
thereafter diligently prosecutes the same to
completion. Tenant shall provide the holder of
the mortgage or deed of trust with notice and
time to cure as provided in Subsection 17.3.
16. DAMAGE OR DESTRUCTION.
16.1 Damage and Repair. In case of damage to the Leased Premises or the
Building by fire or other casualty, Tenant
shall give immediate notice to Landlord. If the
Building is damaged by fire or any other cause
to such extent that the cost of restoration, as
reasonably estimated by Landlord, will equal or
exceed thirty percent (30%) of the replacement
value of the Building (exclusive of
foundations) just prior to the occurrence of
the damage, or if insurance proceeds sufficient
for restoration are for any reason unavailable,
then Landlord may no later than the sixtieth
(60th) day following the damage, give tenant a
notice of election to terminate this Lease. In
the event of such an election this Lease shall
be deemed to terminate on the third (3rd) day
after the giving of said notice, and Tenant
shall surrender possession of the Leased
Premises within a reasonable time thereafter,
and the Monthly Base Rent shall be apportioned
as of the date of said surrender and any rent
paid for any period beyond said date shall be
repaid to Tenant. If the cost of restoration as
estimated by Landlord shall amount to less than
thirty percent (30%) of such replacement value
of the Building and insurance proceeds
sufficient for restoration are available, or if
despite the cost Landlord does not elect to
terminate this Lease, Landlord shall restore
the Building and the Leased Premises (to the
extent of improvements to the Leased Premises
originally provided by Landlord hereunder) with
reasonable promptness, subject to delays beyond
Landlord's control and delays in the making of
insurance adjustments by Landlord, and Tenant
shall have no right to terminate this Lease
except as herein provided. To the extent that
the
13
Premises are rendered untenantable, the rent
shall proportionately xxxxx, except in the
event such damage resulted or was contributed
to directly or indirectly from the act, fault
or neglect of Tenant, Tenant's officers,
contractors, agents, employees, invitees or
licensees, in which event rent shall xxxxx only
to the extent Landlord receives proceeds from
Landlord's rental income Insurance policy to
compensate Landlord for loss of rent.
16.2 Destruction During Last In case the Building shall be substantially
Year of Term. destroyed by fire or other cause at any time
during the last twenty-four (24) calendar
months of the Term or of any extensions or
renewals thereof, either Landlord or Tenant may
terminate this Lease upon written notice to the
other party hereto given within sixty (60) days
of the date of such destruction.
16.3 Business Interruption. No damages, compensation or claim shall be
payable by Landlord for inconvenience, loss of
business or annoyance arising from any repair
or restoration of any portion of the Leased
Premises or of the Building. Landlord shall use
its best efforts to effect such repairs
promptly.
16.4 Tenant Improvements. Landlord will not carry insurance of any kind
on any improvements paid for by Tenant or on
Tenant's furniture or furnishings or on any
fixtures, equipment, improvements or
appurtenances of Tenant under this Lease, and
Landlord shall not be obligated to repair any
damage thereto or replace the same.
16.5 Express Agreement. The provisions of this Section shall be
considered an express agreement governing any
case of damage or destruction of the Building
or Leased Premises by fire or other casualty.
17. SUBORDINATION AND
ATTORNMENT: MORTGAGEE
PROTECTION.
17.1 Subordination. This Lease shall be subordinate to any existing
or future mortgages or deeds of trust on the
Building or on the leasehold interest held by
Landlord, and to any extensions, renewals, or
replacements thereof; provided, that the
mortgagee or beneficiary, as the case may be,
shall agree, in exchange for the agreement of
Tenant to attorn to such mortgagee or
beneficiary, to recognize this Lease in the
event of foreclosure if Tenant is not in
default at such time. At the request of
Landlord, Tenant shall promptly execute and
deliver all instruments which may be
appropriate to further secure and document such
subordination.
17.2 Tenant's Certificate. Tenant shall at any time and from time to time
upon not less than twenty (20) days' prior
written notice from Landlord execute,
acknowledge and deliver to Landlord a statement
in writing (a) certifying that this Lease is
unmodified and in full force and effect (or, if
modified, stating the nature of such
modification and certifying that this Lease as
so modified is in full force and effect), and
the date to which the rental and other charges
are paid in advance, if any, and (b)
acknowledging that there are not, to Tenant's
knowledge, any uncured defaults on the part of
the Landlord hereunder, or specifying such
defaults if any are claimed, and (c) setting
forth the date of commencement of rents and
expiration of the Term hereof. Any such
statement may be
14
relied upon by any prospective purchaser or
encumbrancer of all or any portion of the
Building.
17.3 Mortgagee Protection Tenant agrees to give any mortgagees or deed of
Clause. trust holders, by registered or certified mail,
a copy of any notice of default served upon the
Landlord, provided that prior to such notice
Tenant has been notified in writing of the
addresses of such mortgagees or deed of trust
holders. Notwithstanding anything to the
contrary in this Lease, the Landlord shall not
be in default under any provision of this Lease
unless written notice specifying such default
is given to Landlord and to all persons who
have an interest in all or part of the Building
as mortgagee and/or deed of trust beneficiary,
and the provisions of Section 15 have been
complied with. Tenant further agrees as
follows: (i) if Landlord fails to cure or
commence the cure of such default within the
time period allowed under Section 15, above,
then a mortgagee or deed of trust beneficiary
shall have an additional thirty (30) days
within which to cure such default; and (ii) if
such default cannot be cured within that time,
then a mortgagee or deed of trust beneficiary
shall have such additional time as may be
necessary if within such additional thirty (30)
days any mortgagee or deed of trust beneficiary
has commenced and is diligently pursuing the
remedies necessary to cure such default
(including but not limited to commencement of
foreclosure proceedings if necessary to affect
such cure), in which event this Lease shall not
be terminated if such remedies are being so
diligently pursued.
18. ACCESS BY LANDLORD. Landlord or Landlord's employees, agents, and
contractors shall have the right to enter the
Leased Premises with reasonable notice to
examine the same or to make such repairs,
alterations, improvements or additions as
Landlord may deem necessary or desirable. If
Tenant is not personally present to permit
entry and an entry is necessary, Landlord may
in case of emergency forcibly enter the same,
without rendering Landlord liable therefor.
Nothing contained herein shall be construed to
impose upon Landlord any duty of repair of the
Leased Premises or Building except as otherwise
specifically provided for herein.
19. SURRENDER OR ABANDONMENT
OF LEASED PREMISES.
19.1 Surrender of Possession. Tenant shall promptly yield and deliver to
Landlord possession of the Leased Premises at
the expiration or prior termination of this
Lease. Landlord may place and maintain a "For
Rent" sign in conspicuous places on the Leased
Premises for sixty (60) days prior to the
expiration or prior termination of this Lease.
19.2 Holding Over. Any holding over by Tenant after the expiration
of the Term hereof, with Landlord's consent
shall be construed to be a tenancy from
month-to-month at the rents and on all of the
terms and conditions set forth herein, to the
extent not inconsistent with a month-to-month
tenancy; provided, however, the Monthly Base
Rent, at Landlord's discretion shall equal up
to one hundred fifty percent (150%) of the
Monthly Base Rent in effect immediately prior
to such month-to-month tenancy.
15
19.3 Abandonment. Should Tenant abandon the Leased Premises or be
dispossessed by process of law or otherwise for
more than five (5) business days, such
abandonment, vacation or dispossession shall be
deemed a breach of this Lease, and, in addition
to any other rights which Landlord may have,
Landlord may remove any personal property
belonging to Tenant which remains on the Leased
Premises and store the same, the cost of such
removal and storage to be charged to the
account of Tenant.
19.4 Voluntary Surrender. The voluntary or other surrender of this Lease
by Tenant, or a mutual cancellation thereof,
shall not work a merger, but shall, at the
option of Landlord, terminate all or any
existing subleases or subtenancies, or operate
as an assignment to it of any or all such
subleases or subtenancies.
20. QUIET ENJOYMENT. Tenant, upon fully complying with and promptly
performing all of the terms, covenants and
conditions of this Lease on its part to be
performed, and upon the prompt and timely
payment of all sums due hereunder, shall have
and quietly enjoy the Leased Premises for the
Term set forth herein as against any adverse
claim of Landlord or any party claiming under
Landlord.
21 AUTHORITY OF PARTIES. If Tenant is a corporation, each individual
executing this Lease on behalf of such
corporation represents and warrants that he is
duly authorized to execute and deliver this
Lease on behalf of said corporation, in
accordance with a duly adopted resolution of
the board of directors of such corporation,
that such action and execution is in accordance
with the bylaws of such corporation, and that
this Lease is binding upon such corporation in
accordance with its terms. Tenant has
designated the person named in Section 1.1 as
Tenant's Representative. Landlord may rely on
all communications and statements of the
Tenant's Representative as the authorized
communications and statements of Tenant. Tenant
may notify Landlord that another individual is
the Tenant's Representative and Landlord may
rely on the communications and statements of
such individual.
22. SIGNS. Tenant shall not place or suffer to be placed
on the exterior walls of the Leased Premises or
upon the roof or any exterior door or wall or
on the exterior or interior of any window
thereof any sign, awning, canopy, marquee,
advertising matter, decoration, letter or other
thing of any kind (exclusive of the signs, if
any, which may be provided for in the original
construction or improvement plans and
specifications approved by the Landlord or
Tenant hereunder), without the prior written
consent of Landlord.
23. MISCELLANEOUS.
23.1 Tenant Defined. The word "Tenant" as used herein shall mean
each and every person, partnership or
corporation who is mentioned as a Tenant herein
or who executes this Lease as Tenant.
23.2 Broker's Commission. Tenant represents and warrants that it has
incurred no liabilities or claims for brokerage
commissions or finder's fees in connection with
the execution of this Lease and that it has not
dealt with or has any knowledge of any real
estate broker, agent or salesperson in
connection with this Lease except the Broker
whose name is set forth in Subsection 1.1.
16
Tenant agrees to indemnify and hold Landlord
harmless from all such liabilities or claims
(including, without limitation, attorneys'
fees).
23.3 Partial Invalidity. If any term, covenant, or condition of this
Lease or the application thereof to any person
or circumstances is, to any extent, invalid or
unenforceable, the remainder of this Lease, or
the application of such term, covenant or
condition to persons or circumstances other
than those as to which it is held invalid or
unenforceable, shall not be affected thereby
and each term, covenant or condition of this
Lease shall be valid and be enforced to the
fullest extent permitted by law.
23.4 Recording. Tenant shall not record this Lease without the
prior written consent of Landlord. However,
upon the request of Landlord or Tenant, both
parties shall execute a memorandum of "short
form" of this Lease for the purposes of
recordation in a form customarily used for such
purposes. Said memorandum or short form of this
Lease shall describe the parties, the Leased
Premises and the Term and shall incorporate
this Lease by reference.
23.5 Notices. Any notice required in accordance with any of
the provisions herein if to Landlord shall be
delivered or mailed by registered or certified
mail to the address of Landlord as set forth by
the signature of the Parties, or at such other
place as Landlord may in writing from time to
time direct to Tenant, and if to Tenant, shall
be delivered or mailed by registered or
certified mail to Tenant at the Leased Premises
or at such other place as Tenant may in writing
from time to time direct to Landlord. If there
is more than one Tenant, any notice required or
permitted hereunder may be given by or to any
one thereof, and shall have the same force and
effect as if given by or to all thereof.
23.6 Waiver. The waiver by Landlord or Tenant of any term,
covenant or condition herein contained shall
not be deemed to be a waiver of such term,
covenant or condition or any subsequent breach
of the same or any other term, covenant or
condition herein contained. The subsequent
acceptance of Monthly Base Rent, additional
rent or sum hereunder by Landlord shall not be
deemed to be a waiver of any preceding default
by Tenant of any term, covenant or condition of
this Lease, regardless of Landlord's knowledge
of such preceding default at the time of the
acceptance of such sum.
23.7 Joint Obligation. If there is more than one Tenant, the
obligations hereunder imposed shall be joint
and several.
23.8 Time. Time is of the essence of this Lease and each
and all of its provisions in which performance
is a factor.
23.9 Successors and Assigns. All the terms, conditions, covenants and
agreements of this Lease shall extend to and be
binding upon Landlord, Tenant and their
respective heirs, administrators, executors,
successors and assigns, and upon any person or
persons coming into ownership or possession of
any interest in the Leased Premises by
operation of law or otherwise, and shall be
construed as covenants running with the land.
17
23.10 Prior Agreements. This Lease contains all of the agreements of
the parties hereto with respect to any matter
covered or mentioned in this Lease, and no
prior agreements or understanding pertaining to
any such matters shall be effective for any
purpose. No provisions of this Lease may be
amended or added to except by an agreement in
writing signed by the parties hereto or their
respective successors in interest. This Lease
shall not be effective or binding on any party
until fully executed by both parties hereto.
23.11 Choice of Law. This Lease shall be governed by the laws of the
State of Oregon.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above set forth.
LANDLORD: TENANT:
-------- --------
ALCO INVESTMENT COMPANY ADVANCED TELECOMMUNICATIONS, INC.
By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxxx
------------------------------ ------------------------------
Xxxxxxx X. Xxxxx (Print Name) Xxxxxx X. Xxxxxx
Its Secretary Its Vice President, Engg. & Net Imptn.
Address: 000 XX Xxxxxxxxxx, Address: 000 Xxxxxx Xxxxxx Xxxxx,
Xxxxx 000 Xxx 0000
Xxxxxxxx, XX 00000 Xxxxxxxxxxx XX 00000
18
[STATE XXXXXXX X. XXXXXXXX
SEAL Notary Public
OF Xxxxxx County-Minnesota
MINNESOTA] My Commission Expires Jan. 31, 0000
XXXXX XX XXXXXXXXX )
) SS
COUNTY OF HENNEPIN )
The forgoing instrument was acknowledged before me this 22 day of November,
1999, by Xxxxxx Xxxxxx, the Vice-President/Engineering and Network
Implementation of ADVANCED TELECOMMUNICATIONS, INC., a Delaware corporation, on
behalf of the corporation.
/s/ Xxxxxxx X. Xxxxxxxx
------------------------------------------
Notary Public
STATE OF: OREGON }
} ss.
COUNTY OF: Multnomah }
I certify that I know or have satisfactory evidence that Xxxxxxx X. Xxxxx signed
this instrument, on oath stated that he was authorized to execute the
instrument, and acknowledged it as the Secretary of Alco Investment Company to
be free and voluntary act of such corporation for the uses and purposes
mentioned in the instrument.
[OREGON OFFICIAL SEAL Dated: 11/23/99
STATE XXXXX X XXXXXXX Before me: /s/ Xxxxx X. Xxxxxxx
SEAL] NOTARY PUBLIC-OREGON Notary Public for: Oregon
COMMISSION NO. 317305 My commission expires 12/20/02
COMMISSION EXPIRES DEC. 20, 2002
STATE OF: _________________________________________}
} ss.
COUNTY OF:_________________________________________}
I certify that I know or have satisfactory evidence that
____________________________ signed this instrument, on oath stated that he/she
was authorized to execute the instrument, and acknowledged it as the
__________________________________________________________ of Advanced
Telecommunications, Inc. to be free and voluntary act of such corporation for
the uses and purposes mentioned in the instrument.
Dated: ____________________________
Before me: ________________________
Notary Public for _________________
My commission expires:_____________
EXHIBIT A
TO
PITTOCK BLOCK LEASE
Legal Description of Building
Lots 1 through 8 inclusive, Block 215, CITY OF PORTLAND, in the City of
Portland, County of Multnomah and State of Oregon.
THE
PITTOCK
BLOCK
EXHIBIT B
[GRAPHIC OMITTED - FLOOR PLAN OF FOURTH FLOOR DESIGNATING LEASED PREMISES]
Addendum
To
Pittock Block Lease
Base Rent Escalation
This Addendum to the Pittock Block Lease is entered into between the
Landlord and Tenant executing this Addendum for the purpose of amending such
Lease as provided herein.
1. On the first anniversary of the Commencement Date and on each
anniversary date thereafter during the Lease Term, (the "Escalation Dates"), the
Base Rent shall be increased by the Percentage Increase, if any. The "Percentage
Increase" shall mean the percentage increase, if any, in the United States
Consumer Price Index (as revised), All Urban Consumers, All Items, West-A (Base:
1982-1984 = 100), as published or issued by the United States Department of
Labor, Bureau of Labor Statistics (the "CPI Index"), computed from the Base Date
to the Comparison Date, as defined below. The "Comparison Date" shall mean the
date on which the most recent Index figure was published or issued prior to the
subject Escalation Date. The "Base Date" shall mean the date on which the most
recent Index figure was published prior to the Commencement Date. If the
Comparison Date precedes the subject Escalation Date by more than four (4)
calendar months, the CPI Index shall be deemed "no longer published or issued,"
and a substitute index or procedure shall be used as provided below. If at any
time prior to the subject Escalation Date the Index is no longer published or
issued, the parties shall use a substitute index, if available, or a substitute
procedure, to determine the "Percentage Increase" which accurately reflects the
increase in prices in a representative sample of consumer goods and services in
major expenditure groups, such as food, housing, apparel, transportation, health
and recreation, in the Portland, Oregon metropolitan area from the Base Date to
the Comparison Date. If the parties are unable to agree, within thirty (30) days
after demand of one (1) party on the selection of a substitute index or
procedure to replace the CPI Index, or if there is a dispute with respect to the
computation of any rental adjustment as herein provided, the selection or
computation shall be made by arbitration pursuant to Section 2 of this Addendum.
2. If any controversy, claim or dispute arises in connection with any
provision of this Addendum which expressly provides for resolution thereof by
arbitration pursuant to the terms of this Section 2, the same shall be submitted
to arbitration at the offices of the American Arbitration Association ("AAA") in
Portland, Oregon before a single arbitrator pursuant to the Commercial
Arbitration Rules of the AAA. If the AAA is not then functioning, the
arbitration shall be conducted in accordance with the requirements of O.R.S.
33.210-.340, and, if the parties are unable to agree upon an arbitrator within
ten (10) days of one party's notice of demand for arbitration to the other,
either party may petition the Presiding Judge of Multnomah County Circuit Court
to appoint the arbitrator. The arbitrator appointed by the AAA or the Presiding
Judge of Multnomah County Circuit Court shall be a person who has substantial
experience in the Portland, Oregon area in the professional area which is at
issue in the arbitration. Whether arbitration is conducted pursuant to the
Commercial Arbitration Rules of the AAA or O.R.S. 33.210-.340, the arbitrator
shall endeavor to promptly conduct and conclude the arbitration hearing within
sixty (60) days of his appointment. The arbitrator shall render his decision
within twenty (20) days of the conclusion of the arbitration hearing. The
decision of the arbitrator shall be final and binding upon the parties and shall
constitute a final adjudication of all matters submitted to arbitration. A
judgment on the arbitrator's award may be entered in Multnomah County Circuit
court and enforced as if the award were a judgment of such court.
3. Except as expressly provided herein, all other provisions of the Lease
and the Exhibits and Addenda thereto shall remain as set forth therein. In the
event of a conflict between this Addendum and the Lease proper, the provisions
of this Addendum shall prevail.
LANDLORD: TENANT:
-------- --------
ALCO INVESTMENT COMPANY ADVANCED TELECOMMUNICATIONS, INC.
By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxxx
------------------------------ ------------------------------
Xxxxxxx X. Xxxxx (Print Name) Xxxxxx X. Xxxxxx
Its Secretary Its Vice President, Engg. & Net Imptn.
Addendum
To
Pittock Block Lease
Market Rental Adjustment
This Addendum to the Pittock Block Lease is entered into between the
Landlord and Tenant executing this Addendum for the purpose of amending such
Lease as provided herein.
At the beginning of the sixth year of the Lease Term the Monthly Base Rent
for the Leased Premises shall be adjusted to the then Market Rental of the
Building. The Market Rental shall be specified by the Landlord sixty (60) days
in advance of the adjustment date and shall be the then current monthly rental
rate being offered by Landlord to other telecommunication companies in the
Building. In no event shall the Market Rental be less than the Base Rent
established by Landlord in its most recent lease agreement prior to the
adjustment date with a third party telecommunications tenant in the Building.
If the parties are still in disagreement twenty (20) days after delivery of
such notice from Landlord to Tenant, Landlord and Tenant shall immediately
choose an M.A.I. appraiser who shall determine the Market Rental for the
Premises as provided herein. If Landlord and Tenant are unable to agree on the
selection of an appraiser, either party may petition the Presiding Judge of
Multnomah County Circuit Court who shall select the appraiser. Until the Market
Rental is determined as provided herein, the Tenant shall pay Base Rent based on
the Market Rental specified by the Landlord, and if the Market Rental is
subsequently determined to be different than the Market Rental specified by the
Landlord, the Landlord or Tenant, as the case may be, shall reimburse the other
for such difference.
2. Except as expressly provided herein, all other provisions of the Lease
and the Exhibits and Addenda thereto, shall remain as set forth therein. In the
event of a conflict between this Addendum and the Lease proper, the provisions
of the Addendum shall prevail.
LANDLORD: TENANT:
-------- --------
ALCO INVESTMENT COMPANY ADVANCED TELECOMMUNICATIONS, INC.
By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxxx
------------------------------ ------------------------------
Xxxxxxx X. Xxxxx (Print Name) Xxxxxx X. Xxxxxx
Its Secretary Its Vice President, Engg. & Net Imptn.
Addendum
To
Pittock Block Lease
Cooling Tower Connection Fee
This Addendum to the Pittock Block Lease is entered into between the
Landlord and Tenant executing this Addendum for the purpose of amending such
Lease as provided herein.
Tenant shall have the right and hereby agrees to connect forty-five (45)
tons of capacity to Landlord's common cooling tower system to serve Tenant's air
conditioning equipment in the Leased Premises subject to the following
provisions:
1. The one time connection fee is forty-five thousand dollars
($45,000.00), payable to Landlord within 30 days of the connection or
within six months of the Commencement Date of the Lease Term, whichever
occurs first.
2. In addition to the connection fee, all engineering, permits and
installation costs shall be at Tenant's expense. Tenant shall not make any
connection to Landlord's common cooling tower system without Landlord's
prior written approval of engineering and installation specifications,
which consent is subject to such conditions and building standards as
Landlord deems reasonably appropriate.
3. In addition to Monthly Base Rent, Other Charges and all other
amounts due from Tenant under this Lease, Tenant shall pay its pro rata
share of all costs and expenses associated with the cooling tower system,
including but not limited to chemical treatment, maintenance, repair and
replacement expenses. Tenant's pro rata share for purposes of this section
shall be based on the connected load of Tenant compared to the total
connected capacity of the cooling tower system. Payment must be made within
ten days of receipt of invoice.
Except as expressly provided herein, all other provisions of the Lease and the
Exhibits and Addenda thereto, shall remain as set forth therein. In the event of
a conflict between this Addendum and the Lease proper, the provisions of the
Addendum shall prevail.
LANDLORD: TENANT:
-------- --------
ALCO INVESTMENT COMPANY ADVANCED TELECOMMUNICATIONS, INC.
By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxxx
------------------------------ ------------------------------
Xxxxxxx X. Xxxxx (Print Name) Xxxxxx X. Xxxxxx
Its Secretary Its Vice President, Engg. & Net Imptn.
Addendum
To
Pittock Block Lease
Primary Electrical Connection Fee
This Addendum to the Pittock Block Lease is entered into between the
Landlord and Tenant executing this Addendum for the purpose of amending such
Lease as provided herein.
Tenant shall have the right and hereby agrees to connect 600 amps at 480
volt electrical service capacity to Landlord's common system, subject to the
following provisions:
1. The one time connection fee one hundred thirty-five thousand
dollars ($135,000.00), payable to Landlord within 30 days of the connection
or within six months of the Commencement Date of the Lease Term, whichever
occurs first.
2. In addition to the connection fee, all engineering, permits,
installation and connection costs shall be at Tenant's expense. Tenant
shall not make any connection to Landlord's common electrical system
without Landlord's prior written approval of engineering and installation
specifications, which consent is subject to such conditions and building
standards as Landlord deems appropriate.
3. In addition to Monthly Base Rent, Other Charges and all other
amounts due from Tenant under this Lease, Tenant shall pay its pro rata
share of all costs and expenses associated with the electrical system,
including but not limited to maintenance, repair and replacement expenses.
Tenant's pro rata share for purposes of this section shall be based on the
connected load of Tenant compared to the total connected capacity of the
electrical system. Payment must be made within ten days of receipt of
invoice.
Except as expressly provided herein, all other provisions of the Lease and
the Exhibits and Addenda thereto, shall remain as set forth therein. In the
event of a conflict between this Addendum and the Lease proper, the provisions
of the Addendum shall prevail.
LANDLORD: TENANT:
-------- --------
ALCO INVESTMENT COMPANY ADVANCED TELECOMMUNICATIONS, INC.
By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxxx
------------------------------ ------------------------------
Xxxxxxx X. Xxxxx (Print Name) Xxxxxx X. Xxxxxx
Its Secretary Its Vice President, Engg. & Net Imptn.
Addendum
To
Pittock Block Lease
Emergency Generator Connection Fee
This Addendum to the Pittock Block Lease is entered into between the
Landlord and Tenant executing this Addendum for the purpose of amending such
Lease as provided herein.
Tenant shall have the right and hereby agrees to connect 400 amps at 480
volt three phase emergency generator service capacity to Landlord's common
system, subject to the following provisions:
1. The one time connection fee is four hundred thousand dollars
($400,000.00). Tenant has elected to make an initial payment of one hundred two
thousand, five hundred dollars ($102,500.00) at the time of connection which the
parties agree with occur on July 1, 2000. The remaining balance of the
connection fee is two hundred ninety-seven thousand, five hundred dollars
($297,500.00) and shall be fully amortized over forty-two (42) months at the
annualized interest rate of ten percent (10.0%). Therefore, in addition to the
initial connection fee of one hundred two thousand, five hundred dollars
($102,500.00), the Monthly Base Rent and all other amounts due under the Lease,
Tenant shall pay as additional Monthly Base Rent the amount of six thousand,
eight hundred sixty-four dollars ($6,864.00) per month commencing on July 1,
2000 and continuing each month thereafter until December 1, 2003.
2. In addition to the connection fee, all engineering, permits,
installation and connection costs shall be at Tenant's expense. Tenant shall not
make any connection to Landlord's common emergency generator system without
Landlord's prior written approval of engineering and installation
specifications, which consent is subject to such conditions and building
standards as Landlord deems reasonably appropriate.
3. In addition to Monthly Base Rent, Other Charges and all other amounts
due from Tenant under this Lease, Tenant shall pay its pro rata share of all
costs and expenses associated with the emergency generator system, including but
not limited to maintenance, repair and replacement expenses. Tenant's pro rata
share for purposes of this section shall be based on the connected load of
Tenant compared to the total connected capacity of the emergency generator
system. Payment must be made within 30 days of receipt of invoice.
Except as expressly provided herein, all other provisions of the Lease and
the Exhibits and Addenda thereto, shall remain as set forth therein. In the
event of a conflict between this Addendum and the Lease proper, the provisions
of the Addendum shall prevail.
LANDLORD: TENANT:
-------- --------
ALCO INVESTMENT COMPANY ADVANCED TELECOMMUNICATIONS, INC.
By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxxx
------------------------------ ------------------------------
Xxxxxxx X. Xxxxx (Print Name) Xxxxxx X. Xxxxxx
Its Secretary Its Vice President, Engineering &
Network Implementation
Addendum
To
Pittock Block Lease
Connectivity Right
This Addendum to the Pittock Block Lease is entered into between the Landlord
and Tenant executing this Addendum for the purpose of amending such Lease as
provided herein.
1. Cross Connect Facility. Tenant shall have the right to share usage of
Landlord's common telecommunication Cross Connect Facility ("CCF') only in
accordance with the following provisions:
a. All cabling shall be provided by Tenant at Tenant's expense.
Landlord shall supervise the maintenance and use of the CCF.
b. Tenant shall abide by the regulations, specifications and
standards established by Landlord from time to time governing the use
of the CCF.
c. Tenant shall pay cross connect fees to Landlord pursuant to
the following schedule:
Copper CCF Fiber CCF
---------- --------
One time entry fee: $1000.00 $1000.00
One time per panel fee: 375.00 200.00
Monthly per panel fee: 75.00 100.00
(1) The above fees are based on Landlord's current building
standard equipment schedule with the following cross
connect capacities:
DS1 cross connect panels are 56 position
DS3 cross connect panels are 24 position
Fiber cross connect panels are 6 fiber
In the event Landlord changes the building standard
equipment specification, the monthly panel fee shall be
modified, if necessary, to maintain the same fee per
position.
d. Cross connect fees shall be adjusted to Landlord's then rates
in the Building at the beginning of the sixth year of the Lease Term
and at each renewal option period, but shall in no event be less than
the greater of (i) the amounts set forth above, or (ii) the amounts
determined in any previous adjustment.
2. Cabling Right of Way. Landlord gives Tenant the right of way to install
cable from the Leased Premises to the Cross Connect Facility subject to the
following provisions:
a. Such installation is at Tenant's expense and subject to the
regulations, specifications and standards established by Landlord.
b. Such installation must be coordinated with and approved by the
Pittock Block Building engineer.
c. Tenant shall pay its pro rata share of common conduit attachment
structures or pathway improvements provided by Landlord.
3. Direct Tenant to Tenant Connection Not Allowed. Tenant is not allowed to make
or accept direct connections to other telecommunication, internet and present or
future equivalent tenants' Leased Premises within the Building. All connections
between telecommunications tenants within the Building must occur in the CCF as
defined above.
Page Two
Connectivity Right Addendum
Except as expressly provided herein, all other provisions of the Lease and the
Exhibits and other Addenda thereto shall remain as set forth therein. In the
event of a conflict between this Addendum and the Lease proper, the provisions
of this Addendum shall prevail.
LANDLORD: TENANT:
-------- --------
ALCO INVESTMENT COMPANY ADVANCED TELECOMMUNICATIONS, INC.
By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxxx
------------------------------ ------------------------------
Xxxxxxx X. Xxxxx (Print Name) Xxxxxx X. Xxxxxx
Its Secretary Its Vice President, Engineering &
Network Implementation
ADDENDUM
TO
PITTOCK BLOCK LEASE
RULES AND REGULATIONS
1. No sign, placard, picture, advertisement, name or notice shall be posted or
affixed on or to any part of the outside of the Building or the Premises without
the prior written consent of Landlord, and Landlord shall have the right to
remove any sign, placard, picture, advertisement, name or notice posted in
violation of this rule, without notice to and at the expense of Tenant.
2. The directory of the Building will be provided exclusively for the display of
the name and location of tenants and Landlord reserves the right to exclude any
other names therefrom. Landlord reserves the right to restrict the amount of
directory space utilized by any Tenant.
3. The sidewalks, halls, passages, exits, entrances, elevators and stairways
shall not be obstructed by any Tenant or used for any purpose other than for
ingress and egress from the Premises. The halls, passages, exits, entrances,
elevators, stairways, balconies and roof are not for the use of the general
public and the Landlord shall in all cases retain the right to control and
prevent access thereto by all persons whose presence in the judgement of the
Landlord shall be prejudicial to the safety, character, reputation and interests
of the Building and its tenants. No Tenant and no employees, invitees or
licensees of any Tenant shall enter the mechanical rooms, electrical closets,
janitorial closets, or similar area or go upon the roof of the Building without
the prior written consent of the Landlord.
4. The Landlord shall designate appropriate entrances and a "freight" elevator
for deliveries or other movement to or from the Premises of equipment,
materials, supplies, furniture and other bulky or heavy articles, and Tenant
shall not use any other entrances or elevators for such purposes. The freight
elevator shall be available for use by Tenants in the building, subject to such
reasonable scheduling as Landlord in its discretion shall deem appropriate. All
means or methods used to move equipment, materials, supplies, furniture or other
property in or out of the Building must be approved by Landlord prior to any
such movement. All floors must be properly protected including hallway, lobby
and elevator carpet. Landlord will not be responsible for loss of or damage to
any property during movement into or out of the Building or Premises, and all
damage to the Building during the course of moving any article of Tenant's
property shall be repaired at the expense of Tenant. Tenant shall move all
freight, supplies, furniture, fixtures and other personal property only at such
times as may be designed by Landlord. Unattended vehicles will be towed at the
owner's expense.
5. Tenant shall not place or keep furniture or other items on the terraces or
roof of the Building without first obtaining the written approval of the
Landlord. Tenant shall not place any item of any nature on any window sill.
6. Landlord reserves the right to exclude from the building between the hours of
5:30 p.m. and 7:00 a.m. and at all hours on Saturdays, Sundays and legal
holidays all persons who do not present identification acceptable to Landlord.
Each Tenant shall provide Landlord with a list of all persons authorized by
Tenant to enter its Premises and shall be liable to Landlord for any loss or
injury to the property of the Landlord or other tenants caused by such persons.
Landlord shall in no case be liable to anyone for any error with regard to the
admission to or exclusion from the Building of any person. In the case of
invasion, mob, riot, public excitement or other circumstances rendering such
action advisable in Landlord's opinion, Landlord reserves the right to prevent
access to the Building during the continuance of the same by such action as
Landlord may deem appropriate, including closing doors.
7. The restrooms and the fixtures and equipment contained therein shall not
be used for any purpose other than that for which they were constructed.
Restroom fixtures shall not be used for the disposal of foreign substances
(e.g. coffee grounds) and the expense of any
breakage, stoppage or damage resulting from violation of this rule shall be
borne by the responsible Tenant.
8. Except with the prior written consent of Landlord, no person other than those
employed by Landlord shall be permitted to enter the Building for the purpose of
cleaning the same or providing janitorial services. Tenant shall exercise due
care to preserve the good order and cleanliness of the Premises.
9. Tenant shall not permit the Premises to be occupied or used in a manner
offensive or objectionable to the other occupants of the building, persons
having business therein, or the occupants of neighboring buildings.
Specifically, tenants shall not use, keep or permit to be used or kept any
noxious gas or odorous substance in the Premises. Tenant shall not allow any
animals of any kind to be brought into or kept in or about the Premises of the
Building. Tenant shall not make or permit to be made any loud or disturbing
noises, whether by any musical instrument, radio, phonograph, appliance, or in
any other way. Tenant shall not install any radio or television antenna,
loudspeaker, or other device on the roof or exterior walls or windows of the
Building.
10. Tenants shall not use or keep in the Premises or the Building any kerosene,
gasoline, combustible fluid, toxic chemical, radioactive substance or other
dangerous material.
11. Tenant shall not disturb, solicit, or canvass any occupant of the
building and shall cooperate to prevent same.
12. All keys to offices, rooms and restrooms shall be obtained from Landlord's
building management office. Tenant shall not duplicate keys or have keys made.
Tenant, upon termination of the tenancy, shall deliver to the Landlord all keys
which shall have been furnished to Tenant by the Landlord. In the event that
Tenant or Tenant's employees or visitors lose a key, Tenant shall pay Landlord
the cost of replacing same or of changing the lock or locks opened by such lost
key if Landlord deems it necessary to make such change.
13. Tenant shall not lay linoleum, tile, carpet or other similar floor covering
so that the same shall be affixed to any floor of the Premises in any manner
except as approved by the Landlord. The expense of repairing any damage
resulting from a violation of this rule or of removing any floor coverings
affixed in violation of this rule shall be borne by the Tenant.
14. Before leaving the Building, Tenant and Tenant's employees shall (1) see
that the doors of the Premises are closed and securely locked; (2) shut off all
water faucets and water-using appliances so as to prevent waste or damage.
Tenant shall indemnify the Landlord and other tenants for any injuries sustained
by any of them as a result of any violation of this rule.
15. Landlord reserves the right to exclude or expel from the Building any person
who, in the judgement of Landlord, is intoxicated or under the influence of
liquor or drugs, or who shall in any manner do any act in violation of any of
the Rules and Regulations of the Building.
16. The requirements of Tenant will be attended to only upon application at the
Building management office. Employees of Landlord shall not perform any work or
do anything outside of their regular duties unless under special instructions
from the Landlord, and no employee will admit any person (Tenant or otherwise)
to any office without specific instruction from the Landlord.
17. Landlord shall have the right, exercisable without notice and without
liability to Tenant, to change the name and street address of the Building of
which the Premises are a part.
18. Without the prior written consent of Landlord, Tenant shall not use the name
of the Building to promote or advertise the business of Tenant except as
Tenant's address.
19. Tenant agrees to comply with all fire and security regulations that may
be issued from time to time by Landlord. Tenant shall also provide Landlord
with the name of a
designated responsible employee to represent Tenant in all matters pertaining to
fire or security regulations.
20. Tenant shall not utilize electrical extension cords unless such cords are
equipped with a built in circuit breaker.
21. No curtains, draperies, blinds, shutters, shades, screens or other
coverings, hanging or decorations shall be attached to, hung or placed in, or
used in connection with any window of the Building without the prior written
consent of Landlord. Such window coverings as the Landlord does approve shall be
installed on the office side of Landlord's standard window covering and shall in
no way be visible from the exterior of the Building.
22. Except with the prior written consent of Landlord, Tenant shall not sell any
retail merchandise in or on the Premises, including but not limited to the sale
to the public of newspapers, magazines, periodicals, theater or travel tickets
or any other goods or merchandise. Tenant shall not carry on or permit any
employee or other person to carry on the business of stenography, typewriting,
printing or photocopying or any similar business in or from the Premises for the
service or accommodation of other occupants in the Building, nor shall the
Premises of Tenant be used for manufacturing of any kind, for lodging of any
kind, or for any business or activity other than that specified in the Tenant's
Lease Agreement.
23. Tenant shall store all its trash and garbage within its Premises. No
material shall be placed in the hallways or left for disposal by the Landlord.
All garbage and refuse disposal shall be made only through entryways and
elevators provided for such purposes and at such times as Landlord shall
designate.
24. Tenant shall not xxxx, paint, drive nails or drill into, cut, string wires
within, or in any way deface any part of the Building or the Premises, without
the prior written consent of Landlord and as Landlord may direct. Should
Landlord grant approval, Tenant agrees to assume full responsibility and
warrants that Tenant's contractor will strictly abide by Landlord's guidelines
for work contracted directly by Tenant. Upon removal of any and all decorations
or installations of floor covering by Tenant, any damage to walls or floor shall
be repaired by Tenant at Tenant's sole cost and expense. This paragraph shall
apply to all work performed in the Building, including without limitation
installation of telephone or computer equipment, electrical devices and
attachments and installations of any nature affecting floors, walls, woodwork,
trim, windows, ceilings, equipment or any other portion of the Building. Plans
and specifications for such work, prepared at Tenant's sole expense, shall be
submitted to Landlord and shall be subject to Landlord's prior written approval
in each instance before the commencement of work. All installations,
alterations, and additions shall be constructed by Tenant in a good and
workmanlike manner and only good grades of materials shall be used in connection
therewith. Tenant shall obtain any and all necessary or required permits for any
such work at its sole cost and expense.
25. Landlord reserves the right to rescind, alter or waive, by written notice to
Tenant, any rule or regulation prescribed for the Building when, in Landlord's
judgement, it is necessary, desirable or proper to take such action in the best
interest of the Building and its tenants. The waiver of a rule or regulation for
the benefit of a particular tenant or tenants shall not be construed as a waiver
of such rule or regulation in favor of any other tenant or tenants, nor shall
any such waiver prevent Landlord from thereafter enforcing the rules or
regulation in question against any or all tenants of the building.
26. These Rules and Regulations supplement and shall not be construed to modify
or amend the provisions of the Lease Agreement or other agreement between
Landlord and Tenant. In the event of any conflict between these Rules and
Regulations and the Lease Agreement and any agreement executed by Landlord and
Tenant, the Lease Agreement shall prevail.
27. Smoking of any kind is prohibited in all common areas within the Building
including but not limited to the lobby, hallways, passageways, exits, entrances,
elevators, stairways, restrooms and within thirty (30) feet of exterior Building
entryways. Cigar and pipe smoking is prohibited throughout the entire Building.