III METRO SQUARE
OFFICE LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into on April 12, 1995, by and between
GJSI - Texas, Inc., a Texas Corporation, (hereinafter referred to as "Landlord")
and, TBX Resources, Inc., a Texas Corporation, (hereinafter referred to as
"Tenant").
IN CONSIDERATION OF THE MUTUAL COVENANTS and agreements herein set forth, and
any other consideration, Landlord leases to Tenant and Tenant leases from
Landlord Suite 265 ("Premises"), which is part of III Metro Square located at
00000 Xxxx Xxxx, Xxxxxx, Xxxxx 00000 (hereinafter referred to as the "Building).
(Refer to Exhibit "All for space plan of Premises.)
LEASE PROVISIONS
1. TERM. The term of this lease shall be twelve (121 months commencing on may 1,
1995, (the "Commencement Date"), and terminating on April 30, 1996, unless
sooner terminated as provided hereinafter.
2. BASIC RENTAL PROVISION. Tenant will pay to Landlord without deduction or
setoffs, the sum of $941.00 ("Basic Rent") as rent for each month of the entire
lease term, unless more specifically itemized in Paragraph 38, Special
Provisions. One full monthly rental installment together with a security deposit
of $941.00 shall be payable by Tenant to Landlord upon execution of this lease
agreement. Rent for any fractional month at the beginning or end of the lease
term shall be pro-rated. The security deposit shall be held by Landlord, without
liability for interest, as security for the performance by Tenant of Tenant's
covenants and obligations under this lease. Such deposit shall not be considered
an advance payment of rent or the full measure of Landlord's damages in case of
a default by Tenant. Upon the occurrence of any event of default by Tenant,
Landlord may, from time to time, without prejudice to any other remedy, use such
security deposit to the extent necessary to make good any arrears of rent or any
other damage, injury, expense or liability caused to Landlord by any such event
of default. Following any such application of the security deposit, Tenant shall
pay to Landlord on demand any amount so applied in order to restore the security
deposit to its original amount. If Tenant is not in default hereunder, any
remaining balance of such deposit shall be returned to Tenant by Landlord upon
termination of this lease. If Landlord transfers its interest in the premises
during the lease term, Landlord may assign the security deposit to the
transferee and thereafter shall have no further liability for the return of such
security deposit.
3. LANDLORD'S OBLIGATIONS
A. Landlord will furnish to Tenant at Landlord's cost and expense:
(i) water at those points of supply provided for the general use of
tenants of the Building;
(ii) heated and refrigerated air conditioning in season, at such times
as Landlord determines, and at such temperatures and in such amounts as
reasonably considered necessary by Landlord. Service of such conditioning
on Sundays, Saturdays, and holidays are optional on the part of the
Landlord.
(iii) janitorial services to the premises on weekdays other than
holidays and such window washing as may from time to time in Landlord's
judgment be reasonably required. Any person employed by Landlord to do
janitorial work while in the Building is subject to and under the control
and direction of the employer of the janitorial company and does not act as
an agent or employee of the Landlord.
(iv) operatorless passenger elevators for ingress and egress to the
floor on which the premises are located, in common with other tenants.
Landlord reserves the right to regulate at all times the number of
elevators that will be operated in the Building and shall never be held
liable for any claim arising in consequence of the use, non-use, or number
thereof. Landlord also reserves the right to stop the elevators at any time
in cases of breakage, repair, or replacement of machinery or any emergency
or accident.
(v) replacement of Building standard light fixtures; and
(vi) electric lighting for all public areas and special service areas
of the Building in a manner and to the extent deemed by the Landlord to be
reasonable.
B. Landlord shall furnish Tenant all electrical current required by Tenant
in a normal office use, occupancy of the premises. If there is any consumption
or use of electricity for anything other than small office machines and
lighting, Tenant agrees to pay Landlord's cost for any such excess or additional
electricity, which shall be collectible as additional Rent unless otherwise
agreed to hereinafter.
C. Failure to furnish, stoppage, or interruption of these services
resulting from any cause shall not render Landlord liable in any respect for
damages to either person, property or business, or be construed as an eviction
of Tenant, work an abatement of rent, or relieve Tenant from fulfillment of any
covenant or agreement hereof. Should any equipment or machinery furnished by
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Landlord break down or for any cause cease to function properly, Landlord shall
use reasonable diligence to repair the same promptly.
4. IMPROVEMENTS. Landlord agrees to install at Landlord's cost and expense the
Building improvements described in "Exhibit Bit attached hereto in accordance
with all the provisions of "Exhibit B". All other or additional improvements to
the premises 'shall be installed at the cost and expense of Tenant in accordance
with plans and specifications which have been previously submitted to and
approved in writing by Landlord. Such work shall be performed only by Landlord
or by contractors and subcontractors approved by Landlord.
5. RELOCATION. Landlord shall have the right to relocate tenant to space the
same size or larger and the rent shall remain the same regardless of the size of
the suite.
6. USE OF PREMISES. Tenant will use the leased premises for office purposes
only, unless Landlord shall give Tenant prior written consent for different use.
Tenant will not use, occupy, permit the use or occupancy, in the Building for
any purpose which is forbidden by law, ordinance or governmental or municipal
regulation or order, or which may be dangerous to life limb or property, or
permit the maintenance of any public or private nuisance, or do or permit any
other thing which may disturb the quiet enjoyment for all of the Building, or
keep any substance or carry on or permit any operation which might emit
offensive odors or conditions into other portions of the Building, or at any
time sell, purchase, or give away, or permit the sale, purchase or gift of food
in any form by or to any of Tenant I s agents or employees or other parties in
the Building, or use any apparatus which might make undue noise or set up
vibrations in the building, or permit anything to be done which would increase
the fire and extended coverage insurance rate on the Building or contents, and
if there is any increase in such rate by reason of acts of Tenants, then Tenant
agrees to pay such increase promptly upon demand therefore by Landlord. Payment
by Tenant of any such rate increase shall not be a waiver of Tenant's duty to
comply herewith.
Tenant shall not inscribe, paint, affix or display any signs,
advertisements or notices on or in the Building except for such tenant
identification information as Landlord permits to be included or shown on
the directory in the main lobby.
7. TENANT'S OBLIGATIONS. Tenant will not in any manner deface or injure the
Building and will pay the cost of repairing any damage or injury done to the
Building or any part thereof by Tenant or Tenant's agents, employees, or
invitees. Tenant shall take good care of the premises and keep them free of
waste and nuisance. Tenant will keep the premises including all fixtures
installed by Tenant in good condition and repair. If Tenant fails to make such
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necessary repairs within (15) fifteen days after the occurrence of damage or
injury, Landlord may, at its option, make such repairs and Tenant shall, upon
demand, pay Landlord the cost thereof plus interest at the rate of fifteen (15)
percent per year from demand until paid. Upon termination of this lease, Tenant
shall deliver to Landlord the premises with all improvements located thereon in
good repair and condition, and shall deliver to Landlord all keys to the
premises. Tenant will not make or allow to be made any alterations or physical
additions in or to the premises without prior written consent of Landlord. At
the termination of this lease, Tenant shall, if Landlord so elects, remove all
alterations, physical additions or improvements as directed by Landlord and
restore the premises. All of Tenants fixtures and personal property not removed
from the premises at the termination of this lease shall be presumed to have
been abandoned by Tenant, and shall become the property of the Landlord.
8. INDEMNITY. Landlord shall not be liable for and Tenant will indemnify and
save Landlord harmless of and from all fines, suits, claims , demands, losses,
and actions, including attorney's fees, for any injury to persons or damage to
or loss of property on or about the premises caused by the Tenant, its
employees, invitees, liscencees, or by an other person entering the premises or
the Building under express or implied invitation of the Tenant, or arising out
of Tenant's use of premises.
9. MORTGAGES. Tenant accepts this lease subject to any deeds of trust, security
interests, or mortgages which might now or hereafter constitute a lien upon the
Building or improvements. Tenant shall at any time hereafter, on demand, execute
any such instruments, release or other documents that may be required by any
mortgagee for the purposes of subjecting and subordinating this lease to any
such deed of trust, security interest or mortgage.
10. ASSIGNMENT AND SUBLEASING. Tenant shall not assign this lease, or -' allow
it to be assigned, in whole or in part, by operation of law or otherwise
(including without limitation by transfer of a majority interest of stock,
merger, or dissolution) or mortgage or pledge the same, or sublet the Premises
or any part thereof, without prior written consent of Landlord, and in no event
shall any such assignment or sublease ever release Tenant from any obligation or
liability hereunder. No assignee or sublessee of the Premises or any portion
thereof may assign or sublet the Premises or any portion thereof.
If Tenant desires to assign or sublet all or any part of the Premises, it
shall so notify Landlord at least sixty (60) days in advance of the date on
which Tenant desires to make such assignment or sublease. Tenant shall provide
Landlord with a copy of the proposed assignment or sublease, and such
information as Landlord might request concerning the proposed assigned or
sublessee to allow Landlord to make informed judgments as to the financial
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condition, reputation operations, and general desirability of the proposed
sublesees(s) or assignee(s). After such information has been received Landlord
shall have the option to:
A. Cancel the Lease as to the Premises or portion thereof proposed to
be assigned or sublet; or
B. Consent to the proposed assignment or sublease, in which event,
however, is the rent due and payable by any assignee or sublessee under
such permitted assignment or sublease (or a combination of the rent payable
under such assignment or sublease plus any bonus or any other consideration
therefore or any payment incident thereto) exceeds the Rent payable under
the Lease for such space, Tenant shall pay to Landlord all such excess rent
and other excess consideration within ten (10) days following receipt
thereof by Tenant: or
C. Refuse its consent to the proposed assignment or sublease, which
option shall always be deemed to be elected unless Landlord gives Tenant
written notice otherwise.
11. EMINENT DOMAIN. If the Premises shall be taken or condemned in whole or in
part f or public purposes or sold under threat of condemnation, this lease shall
terminate at the option of Landlord. Landlord shall be entitled to receive the
entire award of any condemnation proceedings or the proceeds in sale in lieu
thereof, including any award for the value of the unexpired portion of this
lease.
12. ACCESS. Landlord or its authorized agent shall at any and all times have the
right to enter the Premises to inspect the same, to supply janitorial service or
any other service to be provided by Landlord to Tenant hereunder, to show the
premises to prospective lenders, purchasers or tenants, to alter, improve, or
repair the Premises or any other portion of the Building all without being
deemed guilty of an eviction of Tenant and without abatement of Rent, and may
for that purpose erect scaffolding and other necessary structures where
reasonably required by the character of the work to be performed, provided the
business of Tenant shall be interfered with as little as is reasonably
practicable. Tenant hereby waives any claim for damages for any injury or
inconvenience to or interf erence. with Tenant's business, any loss of occupancy
or quiet enjoyment of the Premises, and any other loss occasioned thereby. For
each of the aforesaid purposes, Landlord shall at all times have and retain a
key with which to unlock all of the doors in, about, and upon the Premises.
Landlord shall have the right to use any and all means which Landlord may deem
proper to open any door(s) in emergency without liability therefore.
13. CASUALTY. In the event the building should be totally destroyed by fire,
tornado, or other casualty or in the event the premises or the Building be so
damaged that repairs cannot be
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completed within 120 days after the date of Such damage, Landlord may terminate
this lease. Landlord shall not be required to rebuild, repair, or replace any
part of the furniture, equipment, fixtures, and other improvements which may
have been placed by Tenant or other Tenants in the Building or the premises. Any
insurance which may be carried by Landlord or Tenant against loss or damage to
the Building or the premises, shall be for the sole benef it of the party
carrying such insurance and under its sole control.
14. WAIVER OF SUBROGATION. Tenant waives any and every claim which arises or may
arise in its favor against the Landlord or any other tenant of the building
during the term of this lease, or any renewal or extension hereof, for any and
all loss of or damage to any of its property located within or upon or
constituting a part of the Premises hereunder, which loss or damage is covered
by valid and collectible fire and extended coverage insurance policies to the
extent that such loss or damage is recoverable under said insurance policies.
This waiver shall be in addition to, and not in limitation or derogation of, any
other waiver or release contained in this lease with respect to any loss of or
damage to property of the Tenant. Inasmuch as the above waiver will preclude the
assignment of any aforesaid claim by way of subrogation to an insurance company
(or any other person), Tenant agrees immediately to give to each insurance
company which has issued to it policies of fire and extended coverage insurance
written notice of the terms of this waiver, and to have said insurance policies
properly endorsed, if necessary to prevent the invalidation of said insurance
coverage by reason of this waiver.
15. HOLDING OVER. In the event Tenant, or any other party under Tenant claiming
rights to this agreement, retains possession of the Premises after the
expiration or earlier termination of this lease, such possession shall be an
unlawful detainer, and no tenancy or interest shall result from such possession.
Such parties shall be subject to eviction and removal, and Tenant or any such
party shall pay Landlord as rent for the period of such holdover an amount equal
to twice the rental rate being charged by Landlord for the Premises. Tenant will
vacate the Premises and deliver same to Landlord immediately upon Tenant's
receipt of notice from Landlord to so vacate. No holding over by Tenant whether
with or without the consent of Landlord, shall operate to extend this lease.
16. TAXES ON TENANT'S PROPERTY. Tenant shall be liable for all taxes levied or
assessed against personal property, furniture or fixtures placed by Tenant in
the premises. If any such taxes for which Tenant is liable are rendered against
or assessed against Landlord or Landlord's property, the same can be paid by
Landlord and Tenant shall pay to Landlord upon demand the taxes on Tenant's
property for which Tenant is primarily liable hereunder. Any claim arising
against Tenant by Landlord under this provision shall be
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assessed interest at f if teen percent (15%) per year until the claim has been
satisfied.
17. LANDLORDS LIEN. In addition to the statutory Landlords lien,, Tenant hereby
grants to Landlord a security interest to secure payment of all rent or other
sums of money coming due hereunder from Tenant, and to secure payment of any
damages or loss which Landlord may suffer by reason of the breach of Tenant of
any covenant, agreement, or condition contained herein, upon all goods, wares,
or fixtures, in or on the Premises . Such property shall not be removed from the
premises without the consent of the Landlord until all arrearages in rent as
well as any other sums of money due to Landlord hereunder shall first have been
paid and discharged, and all covenants, agreements, and conditions hereof have
been fulfilled and performed by Tenant. In addition, to any other remedies
provided herein, upon an event of default, Landlord or its assigns may sell the
property unless such sale is otherwise prohibited by law. Unless otherwise
provided by law, the requirement of reasonable notice shall be met if such
notice is given to Tenant at the address hereinafter prescribed prior to the
time of the sale. The statutory lien for rent is not waived; the security
interest herein granted is in addition and supplementary thereto.
18. MECHANICS LIENS. Tenant shall keep the Premises free from any liens arising
out of any work performed, materials furnished, or obligations incurred by or
for Tenant. In the event the Tenant shall not, within (10) days following the
imposition of any such lien, cause the same to be released of record by payment
or posting of a proper bond, Landlord shall have, in addition to all other
remedies provided herein and by law, the right but not the obligation, to cause
the same to be release by such means as Landlord shall deem proper, including
payment of or defense against the claim giving rise to such lien. All sums paid
by Landlord and all expenses incurred by it in connection therewith shall create
automatically an obligation of Tenant to pay, on demand, an equivalent" amount,
plus fifteen percent (15%) interest per year thereon as Rent. No work which
Landlord permits Tenant to perform in the Premises shall be deemed to be for the
immediate use and benefit of Landlord so that no mechanics or other lien shall
be allowed against the estate of Landlord by reason of its consent to such work.
19. EVENTS OF DEFAULT. The occurrence of any of the following shall constitute a
default and breach of this lease by Tenant:
A. Any failure by Tenant to pay the Rent or make any other payment
required to be made by Tenant hereunder when due, no notice being required
for default in payment.
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B. Any failure by Tenant to observe and perform any provision of this
Lease where such failure continues for fifteen (15) days after notice to
Tenant.
C. When Tenant or any guarantor of Tenant's obligations hereunder,
cannot meet its obligation as they become due, or is declared insolvent
according to any law, or assignment of Tenant's or guarantor's property is
make for the benefit of its creditors, or a receiver or trustee is
appointed for Tenant or guarantor or its property, or the interest of
Tenant or guarantor under this lease is levied on-under execution or under
other legal process, or any petition is filed or other action taken to
reorganize or modify Tenant's or guarantor's debts or obligations, or any
petition is filed or other action taken to reorganize or modify Tenant's or
guarantor's capital structure if either Tenant or guarantor be a
corporation or other entity.
D. The abandonment of the Premises by Tenant which shall mean that the
Tenant is absent from the Premises for (10) ten consecutive days.
20. REMEDIES. Upon the occurrence of any event of default specified in this
lease agreement or otherwise, Landlord shall have the option to pursue any one
or more of the following remedies without any notice or demand whatsoever.
A. Terminate this lease, in which event Tenant shall immediately
surrender the premises to Landlord. If Tenant fails to surrender the
premisses to Landlord, Landlord may, without prejudice to any other remedy,
enter upon and take possession and expel or remove Tenant and any other
person who may be occupying said premises or any part thereof, by force if
necessary, without being liable for prosecution or any claim for damages.
Tenant agrees to pay to Landlord upon demand the amount of all loss and
damage which Landlord may suffer by reason of such termination, whether
through inability to relet the premises on satisfactory terms or otherwise,
including the loss of rental for the remainder of the lease term.
B. If Landlord so elects, Landlord may relet the premises on such
terms as Landlord shall deem advisable and receive the rent therefore.
Tenant agrees to pay the Landlord upon demand any deficiency of rent that
may arise by reason of such reletting for the remainder of the lease term.
C. Enter upon the premises, by force if necessary, without being
liable for prosecution 'or any claim for damages and do whatever Tenant if
obligated to do under the terms of this lease. Tenant agrees to reimburse
Landlord on demand for any expenses which Landlord may incur in thus
effecting compliance with Tenant's obligations under this lease. Tenant
further agrees that Landlord shall not be liable for any damages resulting
to the Tenant from such action.
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Pursuit of any of the foregoing remedies shall not preclude the pursuit of
any other remedies herein provided, or any other remedies provided by law,
nor shall pursuit of any remedy herein provided constitute a forfeiture or
waiver of any rent due Landlord hereunder, or of any damages suffered by
Landlord by reason of violation of any term, provision or covenant herein
contained.
No waiver by Landlord of any violation or breach of any term, provision or
covenant herein contained shall be deemed or construed as a waiver of any
violation or breach of any default shall not be deemed or construed to be waiver
of such default.
21. SURRENDER OF PREMISES. No act or thing done by Landlord or its agents during
the term hereby granted shall be deemed as acceptance of surrender of the
premises. No agreement to accept surrender of the premises shall be valid unless
the same is in writing and signed by the Landlord.
22. ATTORNEYS FEES. If, on account of any breach or default by Tenant of any
respective obligation under this lease, it shall become necessary for Landlord
to employ an attorney to enforce or defend any of its rights or remedies
hereunder, and Landlord should prevail, it shall be entitled to reasonable
attorney fees incurred in such connection.
23. FORCE MAJEURE. Whenever a period of time is prescribed for action to be
taken by Landlord, Landlord shall not be liable or responsible for, and there
shall be excluded from the computation for any such period of time any delays
due to strikes, riots, acts of God, shortages of labor or materials, war,
governmental laws, regulations, or restrictions, or any other causes of any kind
whatsoever which are beyond the control of the Landlord.
24. GOVERNMENTAL REGULATIONS. Tenant will comply with all laws, ordinances,
orders, rules and regulation of all governmental agencies having jurisdiction of
the premises with reference to the use, construction, condition or occupancy of
the premises.
25. APPLICABLE LAW. This lease shall be governed by and construed pursuant to
the laws of the state of Texas.
26. SUCCESSORS AND ASSIGNS. Except as otherwise provided in this Lease, all of
the covenants, conditions and provision of this Lease shall be binding upon and
shall inure to the benefit of the parties hereto and their respective heirs,
successors, and assigns.
27. SEVERABILITY. If any provision of this Lease or the application thereof to
any person or circumstances shall be invalid or unenforceable to any extent, the
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remainder of this Lease and the application of such provisions to other persons
or circumstances shall not be affected thereby and shall be enforced to the
greatest extent permitted by law.
28. NAME. Tenant shall not, without the written consent of Landlord, use the
name of the Building for any purpose other than as the address of the business
to be conducted by Tenant in the Premises, and in no event shall Tenant acquire
any rights in or to such names.
29. NOTICES Any notice or document required to be delivered hereunder shall be
deemed to be delivered whether or not actually received, when deposited in the
United States mail, postage prepaid, certified or registered mail, addressed to
the parties hereto at their respective addresses set forth below:
LANDLORD ADDRESS:
GJSI - TEXAS, INC.
00000 XXXX XXXX, XXXXX 000
XXXXXX, XXXXX 00000
TENANT ADDRESS:
TBX Resources, Inc.
00000 XXXX XXXX, XXXXX 000
XXXXXX, XXXXX 00000
30. DEFINED TERMS AND MARGINAL HEADINGS. The words "Landlord" and "Tenant" as
used herein shall include the plural as well as the singular. If more than one
person is named as Tenant, the obligations of such persons are joint and
several. The headings and titles to the articles of this lease are not part of
this lease and shall have no effect upon the construction or interpretation of
any part thereof. Captions contained herein are for the convenience of reference
only and in no way limit or enlarge the terms or conditions of this lease.
31. CORPORATE AUTHORITY. If Tenant executes this Lease as a corporation, each of
the persons executing this lease on behalf of Tenant does hereby personally
covenant and warrant that Tenant is a duly authorized and existing corporation,
that Tenant has and is qualified to do business in Texas, that the corporation
has full right and authority to enter into this lease, and that each person
signing on behalf of the corporation was authorized to do so.
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32. LIQUIDATED DAMAGES. If the space for the Premises is not ready for occupancy
by the commencement date of this lease, the rent under this lease shall not
commence until the lease Premises are ready for occupancy by Tenant. Such
allowance for rent shall be received by Tenant in full settlement for any claims
which Tenant might otherwise have by reason of the leased premises not being
ready for occupancy.
33. INTEGRATED AGREEMENT. This Lease contains the entire integrated agreement of
the parties hereto with respect to any matter covered or mentioned in this
Lease. No prior agreement, understanding or representation pertaining to any
such matter shall be effective for any purpose. No provision 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.
34. RENTAL DUE DATE AND LATE FEE. In the event that Tenant fails to pay the full
monthly rent reserved herein, including all additional rents due hereunder, and
any arrears of previous rent, on or before the tenth (10th) day of any month,
Landlord, without waiving any other rights or remedies available to Landlord
under the terms of this lease or under law, shall charge Tenant a sum as
additional rent hereunder as an administration fee equal to ten percent (10%) of
the total of said amount of monthly rent as described above which shall be paid
by Tenant to Landlord immediately upon written notice from Landlord of the basis
and amount of such hereinabove and the failure of Tenant to make immediate
payment of said sum shall constitute a default hereunder in the payment of the
rent reserved herein.
35. INDEMNITY. Tenant will indemnify and hold harmless Landlord from and against
any loss, damage or liability occasioned by or resulting from any default
hereunder or any willful or negligent act on the part of Tenant, its agents,
employees, or invitees, or persons permitted on the Demised Premises by Tenant,
Tenant agrees to place and maintain at Tenant's sole cost and expense, insurance
policies covering Tenant's aforesaid indemnity with respect to Tenant's use and
occupancy of the Demised Premises.Such policies shall be issued in the name of
Tenant and Landlord as their interest may appear, or shall contain an
"additional insured" endorsement in favor of Landlord, and with limits of
liaility of at least FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) per occurrence
for bodily injury and ONE HUNDRED THOUSAND DOLLARS (100,000.00) per occurrence
for property damage.Duplicate originals of such policies and endorsements shall
bedelivered to Landlord within thirty (30) days from the execution date hereof.
A. Insurance Policy Requirements. Insurance policies required hereunder shall be
issued by companies which are currently rated B+ or better in "Best's Insurance
Guide" and are licensed to do business in the state of Texas. The maximum
deductibles for these insurance policies shall not exceed One Thousand Dollars
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($1,000.00), and Tenant shall be responsible for paying all deductibles in the
event of an insured loss. Tenant shall deliver to Landlord copies of policies of
liability insurance required in this Section 35 and certificates evidencing the
existence and amounts of property insurance required under this Section 35, all
of which shall include loss payable clauses satisfactory to Landlord. No such
policy shall be cancelable or subject to reduction of coverage or other
modifications except after ten (10) days' prior written notice to Landlord.
Tenant shall, within ten (10) days prior to the expiration of such policies,
furnish to Landlord with renewals or "binders" thereof. If Tenant fails to do so
Landlord may, but shall not be required to, procure such insurance and charge
the cost thereof to Tenant, which amount shall be payable by Tenant upon demand.
Tenant shall not do or permit to be done anything which shall invalidate the
insurance policies required herein under this Section 35.
36. RENTAL ADJUSTMENT one (1) year after the commencement of this lease and each
one (1) year thereafter as set forth herein the base rental shall be adjusted
and changed as follows:
Such adjustment of the base rent shall be determined in accordance with the
cost of living changes in the "Consumer Price Index for all Urban Consumers --
U. S. City Average" as published by the Bureau of Labor Statistics United States
Department of Labor, ("BLS Consumer Price Index").
The "BLS Consumer Price Index" figure for month and year in which this lease
commences is the base figure in the computation of adjustment of rentals. At the
beginning of each one (1) year period as provided in this paragraph the "BLS
Consumer Price Index" for the preceding month thereto shall be ascertained and
noted and the rent commencing with the start of each such period of the lease
and continuing throughout such next one (1) year period shall be adjusted by
increasing the basic rent, percentage-wise, as the said "BLS Consumer Price
Index" for the month has increased as compared with the base "BLS Consumer Price
Index" as herein fixed.
37. EXHIBITS. The following exhibits are attached and made a part hereof:
Exhibit A Space Plan of Premises
Exhibit B Tenant Improvements
Exhibit C Rules and Regulations
38. SPECIAL PROVISIONS.
Not Applicable
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IN WITNESS HEREOF this Lease has been executed the day and year set forth below:
LANDLORD: GJSI-TEXAS, INC.
a Texas Corporation
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Xxxxx X. Xxxxxxx
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President
--------------------------------------
Date
TENANT: TBX Resources, Inc.
a Texas corporation
/s/ Xxx Xxxxxxxxx
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By
Xxx Xxxxxxxxx
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Printed
owner/President
--------------------------------------
Title
April 12-1995
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Date
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EXHIBIT A
SPACE PLAN OF PREMISES
III METRO SQUARE OFFICE LEASE AGREEMENT
[DRAWING OMITTED]
A-1
EXHIBIT B
TENANT IMPROVEMENTS
Tenant improvements shall consist of fresh building standard paint and new
building standard carpet. The reception area shall be enlarged, the interior
conference room shall also be enlarged, and the interior storage/work area shall
be enclosed. Please refer to Exhibit A for a more specific sketch of the suite.
A-1
EXHIBIT C
RULES AND REGULATIONS
1. No sign, picture, advertisement, name or notice shall be inscribed,
displayed or affixed on or to any part of the inside of the Building or the
Lease premises without the prior written consent of Lessor and Lessor shall have
the right to remove any such sign, placard, advertisement, name or notice to and
at the expense of Lessee.
All approved signs or lettering on doors and the building directory shall be
printed, painted, affixed or inscribed at the expense of Lessee by a person
approved by Lessor.
Lessee shall not place anything or allow anything to be placed
near the glass of any window, door, partition or wall which may appear
unsightly from outside the leased premises provided, however, that
Lessor may furnish and install a Building standard window covering at
all exterior windows. Lessee shall not-without written consent of
Lessor cover or otherwise sunscreen any window.
2. Lessor shall approve in writing, prior to installation, the method
of attachment of any objects affixed to walls, ceilings, or doors other than
reasonable pictures, plaques and similar items.
3. The directory of the Building will be provided exclusively for the
display of the name and location of Lessee only and Lessor reserves the right to
exclude any other names therefrom.
4. The sidewalks, halls, passages, exits, entrances, elevators and
stairways shall not be. obstructed by Lessee or used by lessee for any purpose
other than ingress to and egress *from the leased premises. The halls, passages,
exits, entrances, elevators, stairways, balconies and roof are not for the use
of the general public and the Lessor shall. in all cases retain the right to
control and prevent access thereto by all persons whose presence in the judgment
of the Lessor shall be prejudicial to the safety, character, reputation and
interests of the Building and its Lessees, provided that nothing herein
contained shall be construed to prevent such access to persons with whom the
Lessee normally deals in the ordinary course of Lessee's business unless such
persons are engaged in illegal activities. No Lessee and no employees or
invitees of any Lessee shall go upon the roof of the Building.
5. Locks - No Additional locks or bolts of any kind shall be placed
upon any of the doors or windows by Lessee, nor shall any changes be made in
existing locks or the mechanisms thereof without the prior written consent of
the Lessor. Lessee must, upon the termination of Lessee"s tenancy, restore to
Lessor all keys of
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storage, offices and toilet rooms either furnished to or otherwise procured by
Lessee and in the event of the loss of any key so furnished Lessee shall pay to
Lessor the cost thereof or of changing the lock or locks opened by lost keys if
Lessor deems it necessary to make a change.
6. The toilet rooms, urinals, wash bowls and other apparatus shall not
be used for any purpose other than that of which they were constructed and no
foreign substance of any kind whatsoever shall be thrown therein and the expense
of any breakage, stoppage or damage resulting from the violation of this rule
shall be borne by the Lessee who, -or whose employees or invitees, shall have
cause it.
7. Lessee shall not overload the floor of the Leased premises or xxxx,
drive nails, screw or drill into the partitions, woodwork or plaster or in any
way def ace the leased premises or any part thereof. No boring, cutting or
stringing of wires shall be permitted except with the prior written consent of
the Lessor and as the Lessor may direct.
8. No furniture, freight or equipment of any kind shall be brought into
the Building without the consent of Lessor and. all moving of same into or out
of the Building shall be done at such time and in such manner as Lessor shall
designate. Lessor shall have the right to prescribe the weight, size and
position of all safes and other heavy equipment brought into the Building and
also the times and manner of moving the same in and out of the Building by
moving or maintaining, such safe or other property shall be repaired at the
expense of Lessee. There shall not be used in any space, or in the public halls,
of the Building, either by any Lessee or others, any hand trucks except those
equipped with rubber tires and side guards.
9. Janitorial Service - Lessee shall not employ any person or persons
for the purpose of cleaning the Leased Premises without the consent of Lessor.
Lessor shall be in no way responsible to Lessee for any loss of property from
the leased premises, however, occurring or for any damages done to the effects
of Lessee by the Janitorial Service or any Lessor's employees, or by any other
person. Janitorial service will not include the cleaning of carpets and rugs,
other than vacuuming. Lessee shall not cause unnecessary labor by reason of
Lessee's carelessness and indifference in the preservation of good order and
cleanliness.
10. Lessee shall not use, keep or permit to be used any food or
noxious gas or substance in leased premises, or permit or suffer the leased
premises to be occupied or used in a manner offensive or objectionable to the
Lessor or other occupants of the Building by reason of noise, odors and/or
vibrations, or interfere in any way with other Lessees or those having business
therein nor shall any animals or birds by brought in or kept in or about the
leased
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[GRAPHIC OMITTED][GRAPHIC OMITTED]
premises or the Building. No Lessee shall make or permit to be made any unseemly
or disturbing noises or disturb or interfere with occupants of this or
neighboring Buildings or leased premises or those having business with them
whether by the use of any musical instruments, radio, phonograph, unusual noise
or in any other way. No Lessee shall throw anything out of doors or down the
passageways. No trash shall be placed in the common area before 5:00 P. M..
11. Tenant shall only be permitted use as general of f ice space. No
Lessee shall occupy or permit any portion of his leased premises to be occupied
for lodging or sleeping or for any illegal purposes.
12. Lessee shall not use or keep in the lease premises or the Building
any kerosene, gasoline or combustible fluid or material.
13. Lessor will direct electricians as to where and how telephone and
telegraph wires shall be introduced. No boring or cutting for wires will be
allowed without the consent of Lessor. The location of telephones, call boxes
and other office equipment affixed to the leased premises shall be subject to
the approval of Lessor.
14. Installation of floor coverings - No Lessee shall lay linoleum or
other similar floor covering so that same shall be affixed to the floor of the
leased premises in any way except by a paste, or other material, which may
easily be removed with water, the use of cement or other similar adhesive
materials being expressly prohibited. The method of affixing any such linoleum
or other similar floor covering to the floor, as well as the method of affixing
carpets or rugs to the leased premises, shall be subject to approval by Lessor.
The expense of repairing any damage resulting from a violation of this rule
shall be borne by Lessee by whom, or by whose agents, employees, or visitors,
the damage shall have been caused.
15. Carpet/Floor protection - Lessee shall provide and use chair pads
and carpet protectors at all desk and furniture locations.
16. No Furniture, packages, supplies equipment or merchandise will be
received in the Building or carried up or down in the elevators, except between
such hours and in such elevators as shall be designated by Lessor.
17. On Saturdays, Sundays and legal holidays and on other days between
the hours of 6:00 p.m. and 6:30 a.m. the following day, access to the Building,
or to the halls, corridors, elevators or stairways in the Building or to the
leased premises may be refused unless the person seeking access is known to the
person or employee of the Building in charge and has a pass or is properly
identified.
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The Lessor shall in no case be liable for damages for any error with regard to
the admission to or exclusion from the Building of any person. In case of
invasion, mob, riot, public excitement, or other commotion, the Lessor reserves
the right to prevent access to the Building during the continuance of the same
by closing the doors or others for the safety of the Lessees and protection of
property in the Building. The Lessor reserves the right to close and keep locked
all entrance and exit doors of the Building on Saturdays, Sundays and legal
holidays and on other days between the hours of 6:00 a.m. and during such
further hours as Lessor may deem advisable for the - adequate protection of said
Building and the property of Lessees.
18. Access to the building and parking may be controlled by the use of
electronic card key or by other method deemed necessary by Landlord. Tenant
shall be issued card keys or other ingress/egress devices and a deposit for each
card or device shall be paid upon issuance of the cards. In the event that
Tenant shall damage or lose the card key(s) or device(s) then Tenant's deposit
for such card or device will be forfeited and Tenant will pay another deposit in
order to replace it.
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