year term. It is further agreed by the Lessee to pay any increase in property care and insurance over the base year of this lease, upon presentation of the documents by the Lessor. It is further agreed the Lessee may sublease the premises but in such case it will remain liable for the rent. The Lessee, with the written consent of the Lessors, may assign this lease, and thereafter shall be exonerated from all liability under the terms of this lease or renewal thereof. It is further agreed the Lessors shall carry fire insurance on the premises. The destruction of the premises by fire or other casualty shall suspend the running of the term of this lease, and shall terminate it if the parties so agree. At the option of the Lessee the insurance on the main building shall be applied to the reconstruction of said building. If the principal building is damaged, but not destroyed, the rent payable under the terms of this lease shall cease until the building is repaired by the Lessors so as to be suitable for use. It is further agreed the Lessee may make improvements on the existing building and may erect buildings on the vacant lot included in this lease, provided that such improvements or buildings comply with all existing zoning laws, ordinances and regulations, and so that the existing building shall not be defaced. All such improvements shall be at the expense of the Lessee, and such fixtures shall become a part of the realty. It is further agreed by and between the parties hereto that should the Lessor choose to use the premises herein leased for some other purpose, he shall notify the Lessee in writing of his intention to do so at least six months prior to the expiration of this lease. Its further agreed by and between the parties hereto at the expiration of this Lease all rents due must be paid in full before any goods and chattels are removed from the premises herein leased.
Appears in 1 contract
Sources: Lease Agreement (Hughes Supply Inc)
year term. It is further agreed In the event of any Permitted Transfer or in the event that Landlord consents to any assignment or sublease of any portion of the Premises, Tenant shall pay to Landlord any reasonable attorneys’ fees and out-of-pocket expenses actually incurred by Landlord in connection with such assignment or sublease plus, in the case of assignments or subleases which do not constitute Permitted Transfers, fifty percent (50%) of all “Sublease Profits” (defined below) derived by Tenant from such assignment or sublease. Notwithstanding the foregoing, Landlord shall not be entitled to any Sublease Profits in the event of a sublease or assignment in connection with a Permitted transfer pursuant to Paragraph 16.B. hereof. “Sublease Profits” shall mean the entire excess, after deduction of all reasonable costs of subletting (including costs allocable to such space which were paid under this Lease for any period during which such space was vacant prior to the commencement of rental payments under such assignment or sublease), of revenues generated by the Lessee to pay any increase in property care and insurance subleasing of the Premises or portions thereof over the base year of this lease, upon presentation of the documents by the LessorRent applicable thereto. It is further agreed the Lessee may sublease the premises but in All such case it will remain liable for the rent. The Lessee, with the written consent of the Lessors, may assign this lease, and thereafter shall be exonerated from all liability under the terms of this lease or renewal thereof. It is further agreed the Lessors shall carry fire insurance on the premises. The destruction of the premises by fire or other casualty shall suspend the running of the term of this lease, and shall terminate it if the parties so agree. At the option of the Lessee the insurance on the main building revenues shall be applied first to reimbursement of such costs of subletting until they are paid in full. Not more than thirty (30) days after the commencement date of a sublease which will produce Sublease Profits and annually thereafter, Tenant shall furnish Landlord with a sworn statement, certified by an independent certified public accountant, setting forth in detail the computation of Sublease Profits (which computation shall be based upon generally accepted accounting principles), and Landlord, or its representatives, shall have access to the reconstruction books, records and papers of said buildingTenant in relation thereto, and to make copies thereof. Any rent net of reasonable expenses in excess of that paid by Tenant hereunder realized by reason of such assignment shall be deemed an item of such Sublease Profits. If the principal building is damaged, but not destroyed, the rent payable under the terms of this lease shall cease until the building is repaired by the Lessors so as to be suitable for use. It is further agreed the Lessee may make improvements on the existing building and may erect buildings on the vacant lot included in this lease, provided that such improvements or buildings comply with all existing zoning laws, ordinances and regulations, and so that the existing building shall not be defaced. All such improvements shall be at the expense of the Lessee, and such fixtures shall become a part of the realtyconsideration for such assignment shall be payable other than in cash, the payment to landlord shall be payable in accordance with the foregoing percentage of the cash and other non-cash considerations in such form as is satisfactory to landlord and Tenant. It is further agreed by and between the parties hereto that should the Lessor choose to use the premises herein leased for some other purpose, he Such percentage of Sublease Profits shall notify the Lessee in writing of his intention to do so at least six months prior to the expiration of this lease. Its further agreed by and between the parties hereto at the expiration of this Lease all rents due must be paid to Landlord promptly by Tenant upon Tenant’s receipt from time to time of periodic payments from such assignee or subtenant or at such other time as Tenant shall realize Sublease Profits from such assignment or sublease. If such sublease or assignment is part of a larger transaction in full before any goods and chattels which other assets of Tenant are removed from being transferred, the premises herein leasedconsideration for the assignment or sublease shall be the fair market value of such assignment or sublease.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
year term. It is further agreed by the Lessee to pay any increase in property care taxes and insurance over the base year of this lease, upon presentation of the documents by the Lessor. It is further agreed the Lessee may sublease the premises but in such case it will remain liable for the rent. The Lessee, with the written consent of the Lessors, may assign this lease, and thereafter shall be exonerated from all liability under the terms of this lease or renewal thereof. It is further agreed the Lessors shall carry fire insurance on the premises. The destruction of the premises by fire or other casualty shall suspend the running of the term of this lease, and shall terminate it if the parties so agree. At the option of the Lessee the insurance on the main building shall be applied to the reconstruction of said building. If the principal building is damaged, but not destroyed, the rent payable under the terms of this lease shall cease until the building is repaired by the Lessors so as to be suitable for use. It is further agreed the Lessee may make improvements on the existing building and may erect buildings on the vacant lot included in this lease, provided that such improvements or buildings comply with all existing zoning laws, ordinances and regulations, and so that the existing building shall not be defaced. All such improvements shall be at the expense of the Lessee, and such fixtures shall become a part of the realty. It is further agreed by and between the parties hereto that should the Lessor choose to use the premises herein leased for some other purpose, he shall notify the Lessee in writing of his intention to do so at least six months prior to the expiration of this lease. Its further agreed by and between the parties hereto at the expiration of this Lease all rents due must be paid in full before any goods and chattels are removed from the premises herein leased.
Appears in 1 contract
Sources: Lease Agreement (Hughes Supply Inc)