FORTIETH Clause Samples

FORTIETH. Lessee acknowledges having been advised that Lessee is not to dispose of any toxic/hazardous waste products on leased property, and that Lessee must make satisfactory disposal arrangements for any such waste, in accordance with appropriate Federal, State, and local laws. Lessee further warrants to hold the owner of the property harmless from any liability, as well as taking full responsibility for any liability that may be caused as a result of Lessee's action/non-action as a result of Lessee's activity on said premises. Lessee agrees that failure to dispose of toxic/hazardous waste in accordance with the aforesaid laws/regulations, the receipt of a Notice of Violation (N.O.V.) from a state, federal or local environmental agency, any loss of environmental operating permits, or Lessor's notification to lessee advising discovery of poor or hazardous housekeeping practices or business operations likely to cause imminent contamination problems constitute a breach of this Lease, and Lessee will be subject to criminal and civil penalties. Lessee agrees to provide to Lessor within 5 business days, a copy of any Notice of Violation or similar environmental notification. All parties agree, at the inception of this lease, that there are no existing discernible environmental problems or hazardous wastes at the leased premises. If Lessee receives a Notice of Violation, or similar notification, Lessee agrees to immediately correct the problem in accordance with all laws and regulations, and agrees to perform, at Lessee's sole cost and expense, a subsequent environmental audit at the expiration of the lease term to insure to all parties that the site has been properly remediated.

FORTIETH. Double Compensation: Contractor certifies that it does not receive any kind of salary, compensation or payment for services rendered under a regular job relationship or that it occupies a position in the Commonwealth of Puerto Rico, in any of its departments, municipalities or agencies. Contractor understands that the action of accepting a regular job by any of its agents in any departments, agencies or municipalities under the jurisdiction of the Commonwealth of Puerto Rico will constitute a violation of this contract and will cause the immediate termination of the contract relationship. Contractor certifies that it does not have another contract relationship for its services with any other department, agency, municipality, or instrumentality of the Commonwealth of Puerto Rico. If it has another contract, Contractor certifies that it does not constitute a conflict of interest with this contract.

FORTIETH. In the event the date of occupancy is delayed, the term of this Lease shall commence on the actual date of occupancy as agreed to by Landlord and Tenant. If FORTH-FIRST: Tenant acknowledges that the HVAC system installed by Landlord and utilized by Tenant are preset to service the demised premises from 7:00 a.m. to 9:00 p.m. Monday through Friday, in order to economize the cost of same to Tenant. The HVAC units are preset, computerized floor by floor, and can be, upon reasonable notice by Tenant to Landlord, adjusted to meet the Tenant's HVAC needs over and above the preset time and conditions set by Landlord. Should Tenant desire additional or different HVAC services other than those preset by Landlord, Tenant shall be billed for any addition costs, which costs are currently at a rate of $55.00 per hour, which may change from time to time for the HVAC over and above normally provided by landlord as additional rent. Landlord shall not be required to provide additional HVAC service to Tenant should the said written request not be tendered to Landlord in a timely fashion.

FORTIETH. Upon execution of this lease Lessor acknowledges the sum of $2,000. The balance of $6,071.63 will be paid May 15th, 1997 before any tenant improvements are started. The sum of these two amounts equals $8,071.63 which constitutes the security deposit of $2,5000,000, the first month's rent of $2,500.00 plus 6% Florida sales tax of $150.00, plus the last month's rent of $2,756.25, plus 6% Florida Sales Tax of $165.38. The security deposit shall not bear interest and may be commingled with Lessor's other funds. The security deposit shall be returned to the Lessee at the termination of this lease, subject to the provisions of this lease. The leased premises are to be returned to their original condition, normal wear and tear excepted and as per the provisions of this lease prior to the return of security deposits.

FORTIETH. The price may be reviewed upon request by either one of the parties if objective circumstances to increase or decrease the service occur, under terms such that make the economic equivalence uneven between the right sad n obligations of both parties pursuant to the Contract. The first review can only be made after 1 year from the date the Contract came into force.

FORTIETH. This agreement shall be in full force and effect and shall be and remain operative and binding upon the parties hereto and their successors and assigns from the 1st day of October 1, 1963, up to and including the 30th day of September, 1966, and shall survive any change in name, reorganization or incorporation. It is specifically understood and agreed that should the Union, party to this Agreement, which is now affiliated to a national and international labor organization, become disaffiliated from said national and/or inter­ national labor organization at any time during the term of this agree­ ment, or should said Union thereafter become again affiliated with a National and/or International Labor Organization, then and in any such event or events, this agreement and the terms and provisions thereof shall continue in full force and effect as between the Association, the Employer and the Local Union, parties hereto, as if no such affiliation or disaffiliation, as the case may be, had occurred.

FORTIETH. Notwithstanding anything contained herein to the contrary, the Tenant shall not be obligated to make any repairs to the roof, exterior walls, or any structural defects, unless said repairs are made necessary by the acts of the Tenant, its agents, employees, licensees or invitee, which shall than become an obligation of tenant to make such repairs.

FORTIETH. Commencing with the Completion Date and ending one year thereafter, the Landlord will, at its expense, keep all air conditioning equipment in service, and thereafter during the term of this lease, the Tenant will, at its expense, keep all the air conditioning equipment installed by the Landlord in the equipment room in the premises, connections thereto and controls and all ducts and air handling devices in good serviceable and safe condition of repair, equal in standard to that maintained with respect to other air conditioning systems in the building. If the Tenant shall elect not to perform the work required to maintain and repair the air conditioning system in the premises, the Tenant may at any time prior to March 1st in any such year advise the Landlord that the Tenant requests the Landlord, beginning with April 1st in such year, to do all such maintenance, repair or replacement work which may from time to time be required in order to put and keep the air conditioning system and its associated ducts and controls in a good serviceable and safe condition at all times. If the Tenant shall so advise the Landlord, the Landlord shall engage an air conditioning maintenance contractor to do all such maintenance, repair or replacement work, which would otherwise be the obligation of the Tenant hereunder. If the Tenant shall request the Landlord to arrange for such services through an air conditioning maintenance contractor, the Tenant shall pay to the Landlord 110% of the amount paid or payable to the contractor for its contractor's services, parts and materials. Such amounts shall be paid by the Tenant promptly upon receipt of invoices therefor and shall be deemed additional rent hereunder and shall be collectible as such. At all times during the term of this lease, the Tenant shall pay all electric costs incurred in the operation of all air conditioning equipment in the premises in accordance with the provisions of Article TENTH hereof.

FORTIETH. All corporate action required for Buyer and Seller to execute, deliver, and perform their respective obligations under this Amendment and the Agreement as amended hereby have been completed, and no approval by the Public Service Commission of the State of New York is required for Buyer to execute, deliver, and perform its obligations under this Amendment and the Agreement as amended hereby.