THIS INDENTURE made the 22nd day of February, 1999
BETWEEN:
FIRWOOD LAND AND TRADING COMPANY LIMITED, a company incorporated in
British Columbia and having its registered office at Suite 404,
▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
(hereinafter called the "Landlord")
OF THE FIRST PART
AND:
▇▇▇▇▇▇▇▇.▇▇▇, CORP., a company incorporated in Florida and having
its registered office at ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇,
▇▇▇▇▇▇▇▇▇, ▇▇
(hereinafter called the "Tenant")
OF THE SECOND PART
AND:
VARCOM INC., a company incorporated in British Columbia and having
its registered office at ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇,
▇▇▇▇▇▇▇▇▇, ▇▇
(hereinafter called the "Tenant")
OF THE THIRD PART
AND:
IGEAR DEVELOPMENT CORPORATION, a company incorporated in British
Columbia and having its registered office at ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇
(hereinafter called the "Tenant")
OF THE FOURTH PART
Premises
1.00 Witnesseth that in consideration of the rents, covenants,
conditions and agreements hereinafter reserved and contained on the
part of the Tenant to be paid, observed and performed the Landlord
doth demise and lease unto the Tenant all and singular those
certain premises being (approximately) 5,633 square feet of Usable
Area plus a 272 square feet apportionment of Common Area for a
total of 5,905 square feet of Rentable Area as described in the
first part of Schedule A annexed hereto (hereinafter referred to as
the "Demised Premises") situate in the City of Vancouver in the
Province of British Columbia and forming part of the building known
as EA House (hereinafter referred to as the "Building"), the
Building being erected and situate upon the lands (hereinafter
referred to as the "Lands") more particularly described in Schedule
B annexed hereto. In this lease, "Rentable Area", "Usable Area",
"Common Area" and "Gross Rentable Area" shall take the meanings
found in the "BOMA International Standards of Measurement".
1.01 The Demised Premises shall be addressed as ▇▇▇▇▇ ▇▇▇, ▇▇▇▇
▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇
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Term
2.00 To have and to hold the demised premises for and during the
term of five (5) years commencing on the first day of May, 1999 and
ending on the last day of April, 2004.
Rent
3.00 Yielding and paying therefor the following sums (hereinafter
referred to as "Rent"):
Year 1
------
For the period between May 1, 1999 and April 30, 2000 the sum
of $59,050.00 of lawful money of Canada being rental at the
rate of $10.00 per square foot.
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Business Tax, Etc.
4.01 The Tenant shall pay all business, goods and services, or any
other taxes from time to time levied in respect of the Tenant's use
or occupancy of the demised premises, in respect of any payment(s)
required to be made by the Tenant under this lease, or in respect
of any other right or obligation of the Tenant arising from this
lease, including penalties and/or interest for late payment
thereof. Where such taxes are payable to the Landlord as agent for
a taxing authority, the terms of any penalty and/or interest
provisions applicable to taxed in arrears imposed by the taxing
authority on the Landlord will also be imposed by the Landlord on
the Tenant.
Evidence of Payments
4.02.01 The Tenant shall produce to the Landlord from time to time
at the request of the Landlord satisfactory evidence of the due
payment by the Tenant of all payments required to be made by the
Tenant under this lease.
Allocation of Payments
4.02.02 Payments by the Tenant shall be allocated by the Landlord
to amounts due and/or coming due pursuant to the lease in any
reasonable fashion, notwithstanding any notation by the Tenant to
the contrary.
Acts Conflicting With Insurance
4.03 The Tenant shall not do or permit to be done any act or thing
that may render void or voidable or conflict with the requirements
of any policy or policies of insurance, including any regulations
of fire insurance underwriters applicable to such policy or
policies, whereby the demised premises or the building are insured
or that may cause any increase in premium to be paid in respect of
any such policy. In the event that any such policy or policies is
or are cancelled by reason of any act or omission of the Tenant,
the Landlord shall have the right at its option to terminate this
lease forthwith by giving notice of termination to the Tenant, and
in the event that the premium to be paid in respect of any such
policy is increased by any act or omission of the Tenant, the
Tenant shall pay to the Landlord the amount by which said premium
shall be so increased.
No Nuisance
4.04 The Tenant shall not at any time during the said term use,
exercise or carry on or permit or suffer to be used, exercised or
carried on in or upon the demised premises or any part hereof any
noxious, noisome or offensive act, trade, business, occupation or
calling, and no act, matter or thing whatsoever shall at any time
during the said term be done in or upon the demised premises or any
part thereof which shall or may be or grow to the annoyance,
nuisance, damage or disturbance of the occupiers or owners of the
said building or adjoining land and properties.
Comply With Laws, Etc.
4.05 The Tenant shall comply promptly at its expense with all laws,
ordinances, regulations, requirements and recommendations, which
may be applicable to the Tenant or to the manner of use of the
demised premises, of any and all federal, provincial, civic,
municipal and other authorities or association of insurance
underwriters or agents and all notices in pursuance of same and
whether served upon the Landlord or the Tenant.
Comply With Rules and Regulations
4.06 The Tenant agrees that the rules and regulations endorsed on
this lease or attached hereto as Schedule C with such reasonable
variations, modifications and additions as shall from time to time
be made by the Landlord and any other and further reasonable rules
and regulations that may be made by the Landlord and intimated to
the Tenant in writing shall be observed and performed by the Tenant
and its agents, clerks, servants or employees and all such rules
and regulations now in force or hereafter put in force shall be
read as forming part of the terms and conditions of this lease as
if the same were embodied herein; all such rules and regulations
shall be deemed to be a part of this lease.
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Damage to Building by Tenant
4.07 The Tenant shall reimburse the Landlord for costs incurred by
the Landlord in making good any damage caused to the said building
or any part thereof including the furnishings and amenities thereof
as a result of the negligence or wilful act of the Tenant, or
persons for whom the Tenant shall be responsible in law, from time
to time in or about the demised premises.
Notice of Accidents, Defects, Etc.
4.08 The Tenant shall give the Landlord prompt written notice of
any damage to or defect in the heating and air conditioning
apparatus, water pipes, gas pipes, telephone lines, electric light
or other wires or other casualty.
Assigning or Subletting
4.09.01 The Tenant shall not sublet or otherwise part with
possession of the whole or any part of the demised premises for the
whole or any part of the term without the prior written consent of
the Landlord, which consent shall not be unreasonably withheld.
The Tenant shall not assign this lease for the whole or any part of
the terms without the prior consent in writing of the Landlord,
which consent shall not be unreasonably withheld. Provided that
the Tenant shall, at the time the Tenant shall request the consent
of the Landlord, deliver to the Landlord such information in
writing (herein called the "Required Information") as the Landlord
may reasonably require respecting the proposed assignee or
subtenant including the name, address, nature of business,
financial responsibility and standing of such proposed assignee or
subtenant together with a copy of the offer or agreement relating
to the proposed assignment, certified by the Tenant to be a true
copy. Provided further that after receiving such request, the
Landlord shall have the right, at its option, to terminate this
lease by giving, within ten days after receiving the Required
Information, not less than thirty nor more than sixty days written
notice of termination to the Tenant. In the event of such
termination the Rent and other payments required to be made by the
Tenant hereunder shall be adjusted to the date of termination.
Provided further that the Landlord's right to terminate as
aforesaid shall not apply to an assignment by the Tenant as the
result of a merger or amalgamation or an assignment to a wholly
owned subsidiary of the Tenant. Provided further that the Tenant
shall cause any permitted assignee of the Tenant to execute and
deliver to the Landlord, concurrently with the happening of the
assignment, an agreement with the Landlord, on terms reasonably
satisfactory to the Landlord wherein the Assignee covenants to
observe and perform all of the obligations of the Tenant as and
from the effective date of the assignment for the balance of the
term of the lease.
4.09.02 In no event shall any assignment or subletting, to which
the Landlord may have consented release, relieve the Tenant from
its obligations fully to perform all the terms, convenants and
conditions of this lease on its part to be performed and in any
event the Tenant shall be liable for the Landlord's reasonable
costs incurred in connection with the Tenant's request for consent.
4.09.03 If the Tenant is an incorporated company, any change in
the control of such company shall be deemed, for the purposes
hereof, to be an assignment of this lease.
Indemnity to Landlord
4.10 Provided that it is not the result of negligence on the part
of the Landlord or any person for whom the Landlord is responsible
in law, the Tenant shall indemnify and save harmless the Landlord
from any and all liabilities, damages, costs, claims, suits or
actions growing out of:
(a) any breach, violation or non-performance of any covenant,
condition or agreement in this lease set forth and contained on the
part of the Tenant, to be fulfilled, kept, observed and performed;
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(b) any damage to property while said property shall be in or
about the demised premises; and
(c) any injury to any person for whom the Tenant if responsible in
law, including death resulting at any time therefrom, occurring in
or about the demised premises and/or on the lands;
and this indemnity shall survive the expiry or sooner determination
of this lease, only with respect to any of the above occurring
while the lease was in force.
Tenant Insurance
4.11.01 The tenant shall, at its expense, provided and maintain
in force during the term of this lease or of any renewal thereof:
(a) interior glass insurance, for the benefit of the Landlord and
the Tenant, covering all glass in the demised premises, including
glass windows and doors, in an amount equal to the full insurable
value thereof, unless the cost of similar insurance is included in
the Operating Costs;
(b) public liability insurance, for the benefit of the Landlord
and the Tenant, in such reasonable amounts as may be required by
the Landlord in respect of injure or death to one or more persons
or property damage;
(c) fire insurance, extended coverage endorsement, theft, and
water damage insurance (including, if applicable, sprinkler
leakage) covering all the Tenant's property in the demised premises
including, without limitation, its furniture, improvements,
equipment, fittings, fixtures and stock in trade to full insurable
value.
4.11.02 All insurance shall be effected with insurers and brokers
and upon terms and conditions reasonably satisfactory to the
Landlord and copies of all policies shall be delivered to the
Landlord.
4.11.03 All policies of insurance shall contain a waiver of
subrogation clause in favour of the Landlord and shall also contain
a clause requiring the insurer not to cancel or change the
insurance without first giving the Landlord 30 days' prior written
notice thereof.
4.11.04 The Tenant agrees that if it does not provide or maintain
in force such insurance, the Landlord may take out the necessary
insurance and pay the premium therefor for periods of one (1) year
at a time, and the Tenant shall pay to the Landlord as additional
rental the amount of such premium immediately on demand.
4.11.05 In the event that both the Landlord and the Tenant have
claims to be indemnified under any such insurance, the indemnity
shall be applied first to the settlement of the claim of the
Landlord and the balance, if any, to the settlement of the claim of
the Tenant.
Goods and Chattels Not To Be Removed
4.12 The Tenant agrees that all goods and chattels moved into the
demised premises shall not, except in the normal course of
business, be removed from the demised premises until all Rent due
or to be become due during the term during the term of this lease
is fully paid.
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Repairs
4.13.01 The Tenant shall, during the said term, well and
sufficiently repair, maintain, amend and keep the demised premises,
with the appurtenances and all fixtures, in good and substantial
repair when, where and so often as need shall be, reasonable wear
and tear and damage by fire and other risks against which the
Landlord is insured (hereinafter collectively referred to as
"Tenant Repair Exceptions") only excepted.
4.13.02 The Landlord and its agents shall have the right to all
reasonable times during the said term upon 24 hours notice
excepting an emergency situation to enter the demised premises to
examine the condition thereof, and further, that all want of
reparation that upon such view shall be found, and for the
amendment of which notice in writing shall be left at the demised
premises, the Tenant shall well and sufficiently repair and make
good accordingly.
Use of Premises
4.14 The Tenant shall not use the demised premises nor allow the
demised premises to be used for any other purpose than that for
which the premises are hereby leased, namely, as a general business
office.
Signs
4.15 The Tenant shall not paint, display, inscribed, place or
affix any sign, picture, advertisement, notice, lettering or
direction on any part of the outside of the building or visible
from the outside of the building or in any corridor, hallway,
entrance or other public part of the said building. Provided that
the Landlord shall prescribe a uniform pattern for identification
signs for tenants to be placed on the outside of the main door
leading into the demised premises. Provided that at the request of
the Tenant and at the Tenant's expense, the Landlord shall cause
such a sign to be placed in position.
Alterations Etc.
4.16.01 The Tenant shall not without the prior written consent of
the Landlord, which consent shall not be unreasonably withheld,
make any alterations, repairs or improvements to the demised
premises or construct or place therein or alter any interior
partitions (including moveable partitions, partial partitions or
other installations) or do anything that might affect the proper
operation of the lighting, hearing or air conditioning systems.
The Tenant shall submit to the Landlord detailed plans and
specifications of any such work or installation when applying for
consent, and the Landlord reserves the right to recover from the
Tenant the cost of having its architects or engineers examine such
plans and specifications. The Tenant understands that, in granting
consent, the Landlord may impose conditions with respect to the
electrical and mechanical services (which term includes heating and
air conditioning) and those conditions may require the Tenant to
pay for reasonable alterations or modifications to the said
electrical and mechanical services. The Landlord may require that
any or all work to be done, or materials to be supplied hereunder
shall be done or supplied by the Landlord's materials to be
supplied hereunder shall be done or supplied by the Landlord's
materials to be supplied hereunder shall be done or supplied by the
Landlord's contracts and/or workmen or by contractors and/or
workmen engaged by the Tenant but first approved by the Landlord,
which approval shall not e unreasonably withheld. In any event,
any and all work to be done or materials to be supplied hereunder
shall be at the sole cost and expense of the Tenant and shall be
done and supplied and paid for in the manner and according to such
terms and conditions, if any, as the Landlord may reasonably
prescribe. Any connections of apparatus to the electrical system,
other than a connection to an existing base receptacle, and/or any
connection of apparatus to the heating or air conditioning systems
shall be deemed to be an alteration within the meaning of this
clause.
4.16.02 The Tenant covenants with the Landlord that the Tenant
shall promptly pay all charges incurred by the Tenant for any work,
materials or services that may be done, supplied or performed in
respect of the demised premises and shall forthwith discharge any
liens at any time filed against and keep the lands and premises of
which the
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demised premises form a part free from liens and in the
event that the Tenant fails to do so, the Landlord may, but shall
be under no obligation to, pay into Court the amount required to
obtain a discharge of any such lien in the name of the Tenant and
any amount so paid together with all disbursements and costs in
respect of such proceedings on a solicitor and client basis shall
be forthwith due and payable by the Tenant to the Landlord as
additional rent. The Tenant shall allow the Landlord to post and
keep posted on the demised premised any notices that the Landlord
may desire to post under the provisions of the Builders Lien Act or
other legislation.
4.16.03 The Tenant shall not without the prior written consent not
be to unreasonably withheld of the Landlord put up any window
drapes, blinds, awnings or other similar things or cover the floors
with anything other than loose rugs.
Peaceful Surrender
4.17.01 Upon the termination of this Lease from any cause
whatsoever, all alterations, additions, partitions and improvements
which may be made or installed upon the demised premises by the
Tenant or by the Landlord on behalf of the Tenant and which in any
manner are attached to the floors, walls or ceilings will remain
upon and be surrendered with the demised premises as a part thereof
without disturbance, molestation or injury and together with any
floor covering affixed to the floor of the demised premises and the
drapes or other window coverings will be and become the property of
the Landlord absolutely.
4.17.02 All articles of personal property and all business and
trade fixtures, machinery and equipment, cabinet work, furniture
owned or installed by the Tenant at the expense of the Tenant in
the demised premises shall remain the property of the Tenant and
may be removed by the Tenant at any time during the term, provided
that the Tenant at its expense shall repair any damage to the
demised premises of the Building caused by such removal of the
original installation.
Utilities
4.18 The Tenant shall pay all telephone, electric and other
utility charges in connection with the demised premises that there
is not a separate meter for measuring the consumption of and
charging for electricity used in the demised premises the Tenant
shall pay to the Landlord as additional rent in advance by monthly
instalments such amount as may be required by the Landlord from
time to time as a reasonable estimate of the cost of such
electricity. The Tenant shall advise the Landlord forthwith of any
appliances or business machines installed by the Tenant consuming
or likely to consume large amounts of electricity and further on
request from time to time shall provide the Landlord with a list of
all electrical appliances and business machines used in the demised
premises. The amount of electricity consumed on the demised
premises in excess of electricity required by the Tenant for normal
office use shall be as determined by the Landlord acting
reasonably. The Tenant shall pay the Landlord for any such excess
on demand.
Realty Taxes
4.19.01 In this paragraph the following phrases shall have the
following meanings:
(a) "Tax" means an amount equivalent to all taxes, rates, duties,
levies and assessments whatsoever whether municipal, parliamentary,
school or otherwise charged upon the building, the lands and all
improvements now or hereafter thereon or upon the Landlord on
account thereof including all taxes, rates, duties, levies and
assessments for local improvements but excluding any tax that has
been attracted by the Tenant's improvements and equipment and
excluding such taxes as corporate, income, profits or excess profit
taxes assessed upon
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the income of the Landlord and shall also include any and all
taxes that may in future be levied in lieu of Tax as
hereinbefore defined: less any applicable Advance Tax but
including taxes falling or having fallen due on a date outside the
term of this lease.
(b) "Advance Tax" means any pre-billing or partial billing of Tax,
including advance taxes falling or having fallen due on a date
outside the term of this lease.
(c) "Proportionate Share" means that ratio having as its numerator
the Rentable Area of the demised premises and as its denominator
the Gross Rentable Area of the building of which the premises from
a part. Notwithstanding the foregoing, in the event that the
Landlord or its agent, acting in good faith, determines that in its
opinion a more equitable allocation in appropriate for any specific
cost or costs, the Proportionate Shares as it applies to such
cost(s) shall take on a meaning consistent with such an allocation.
(d) "Pro Rata" means that ratio having as its numerator the number
of days covered by both the term of this lease and the period to
which the Tax or Advance Tax relates and having as its denominator
the number of days in the period to which the Tax or Advance Tax
relates.
4.19.02 The Tenant shall pay the Landlord as additional rent the
Pro Rata. Proportionate Share of any Tax and of any Advance Tax at
least one working day before such Tax or Advance Tax is payable by
the Landlord to the taxing authority.
4.19.03 If any Tax shall be increased by reason of any alterations
made in or to the demised premises by the Tenant or by the Landlord
on behalf of the Tenant, the Tenant shall pay the amount of such
increase as additional rent.
4.19.04 The Tenant shall pay the Landlord as additional rent the
Pro Rata, Proportionate Share of any expense incurred by the
Landlord in obtaining or attempting to obtain a reduction in the
amount of Tax. In the event that the Tenant shall have paid its
Proportionate Share pursuant to Clause 4.19.02 of this lease and
the Landlord shall thereafter receive a refund of any portion of
such Tax, the Landlord shall make an appropriate refund to the
Tenant.
4.19.05 The Landlord will pay or cause to be paid all Taxes and
Advance Taxes as directed by the relevant taxing authority when
due. Compliance with this covenant notwithstanding, the terms of
any penalty and/or interest provisions applicable to Taxes or
Advance Taxes in arrears imposed by the taxing authority on the
Landlord will also be imposed by the Landlord on the Tenant.
Operating Costs
4.20.01 In this paragraph the following phrases shall have the
following meanings:
(a) "Operating Costs" means the total amount, without duplication,
of all costs incurred or which will be incurred by the Landlord
during the term, in accordance with generally accepted accounting
principles, for the complete maintenance, repair, operation and
administration of the lands, the building and the improvements
thereon such as are in keeping with maintaining the standard of a
first class commercial building complex and including, without
limitation, the costs of: repairs and replacements as are of a non
capital nature (except to the extent that the same are paid by
insurance) and decoration of common areas,
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maintaining parking areas, all repairs and replacements required
for such maintenance, heating, ventilating and air conditioning
costs including, without limitation, the purchase of fuel, gas
and steam for heating or other purposes and the cost of making
repairs to the heating and air conditioning equipment, repair,
maintenance and operation of all elevators and escalators,
providing hot and cold water, providing electricity not
otherwise chargeable to tenants, painting interior areas not
normally rented to tenants and painting and otherwise
maintaining the outside of the building, snow removal,
landscape maintenance, janitorial services, refuse removal and
window cleaning, fire, casualty, liability, loss of rental income
and other insurance costs to limits that would be obtained by a
prudent owner of a similar property, telephone and other utility
costs and supplies and stationery, service contracts with
independent contractors, provision or porters, reception staff and
other non administrative personnel, including salaries, wages and
fringe benefits, provision of security provision of accounting
services and operational auditing, legal and other professional
fees, sales and excise tax on goods and services provided by the
Landlord in connection with the repair, maintenance, administration
and operation as aforesaid and all other expenses including
management fees paid or payable by the Landlord in connection with
the operation of the building, improvements and lands, but, shall
not include interest on debt or capital retirement of debt, costs
as determined by the Landlord of repairing structural defects in
the building or any amounts directly chargeable by the Landlord to
any tenant or tenants as otherwise provided herein;
(b) "Proportionate Share" means that ratio having as its numerator
the Rentable Area of the demised premises, and as its denominator
the Gross Rentable Area of the building of which the premises from
a part. Notwithstanding the foregoing, in the event that the
Landlord or its agent acting in good faith, determines that in its
opinion a more equitable allocation is appropriate for any specific
cost or costs, then "Proportionate Share" as it applies to such
cost(s) shall take on a meaning consistent with such an allocation.
(c) "Pro Rata" means that ratio having as its numerator the number
of days covered by both the term of this lease and the Landlord's
fiscal year and having as its denominator the number of days in the
Landlord's fiscal year.
4.20.02 The Tenant shall pay the Landlord as additional rent the
Pro Rata Proportionate Share of Operating Costs on receipt of
notice from the Landlord. Such Proportionate Share payable
hereunder may be estimated by the Landlord, in which event, the
amount so estimated shall be paid by the Tenant in equal monthly
rental payment date. If on this basis any overpayment shall have
been made by the Tenant, or should any operating costs still be due
and owing by the Tenant then, an adjustment within a reasonable
time following the close of each fiscal year end of the Landlord
shall be made by the Tenant or the Landlord as the situation
warrants.
Care of Premises
4.21.01 The Tenant shall take good care of the demised premises
and keep same in a clean, tidy and healthy condition.
4.21.02 The Tenant shall at its own expense replace or repair,
under the direction and to the reasonable satisfaction of the
Landlord, the glass, locks and trimmings of the doors and windows
in or upon the demised premises that become damaged or broken
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except any glass, locks or trimmings damaged or broken by the
Landlord, its employees, agents or contractors.
Quiet Enjoyment
5.00 The Landlord hereby covenants with the Tenant that the
Tenant, paying the Rent hereby reserved and performing the
covenants hereinbefore on the Tenant's part contained, shall and
may peaceable possess and enjoy the demised premises for the term
hereby granted without any interruption or disturbance from the
Landlord or any other person or persons lawfully claiming by, from
or under the Landlord.
Heating and Air Conditioning
5.01 The Landlord shall provide heating and air conditioning so
that when heat is reasonably required for the reasonable use of the
demised premises the Landlord will furnish heat therefore up to a
reasonable temperature and when the heating systems is not in use
and the Landlord considers that the air conditioning is reasonably
required the Landlord will operate the air conditioning system in
said building. The heating and air conditioning system shall be
operated on an open floor basis adequate to service open and
unpartitioned floors, but capable of being extended to service
partitioned areas. The Landlord shall be relieved from its
obligations to provide reasonable heating and air conditioning
under the following circumstances:
(a) in any part of the demised premises on Saturdays, Sundays and
public holidays, and before the hour of 8:00 a.m. and after of 6:00
p.m. on each business day;
(b) in those areas having exterior windows exposed to the sun
where and when the Tenant fails to keep the window shading thereon
fully closed;
(c) in those areas where the human occupation exceeds one person
per 100 square fee of Rentable Area;
(d) in those offices, the formation of which has not been
consented to in accordance with Clause 4.16.01 of this lease;
(e) in areas where the average amount of electrical energy
consumed by the lights and machines exceeds four ▇▇▇▇▇ per square
foot.
The term "offices" as used herein shall mean any part of the
demised premises that is partitioned off or substantially separated
from the remainder of the demised premises;
Janitor Services
5.02 The Landlord shall cause, the floors and demised premises to
be swept or vacuumed, and normal office refuse removed, the windows
washed and the desks, tables and other furniture dusted but the
Landlord shall not be responsible for any act of omission or
commission on the part of any person or persons employed to perform
these tasks and such tasks will be carried out by bonded
contractors on a daily basis, excepting weekends, and statutory
holidays save and except for window washing.
Building Directory
5.03 The Landlord shall keep in the main entrance of the building,
by which entry is made to the demised premises, a proper index or
directly of the building and to insert thereon the name of the
Tenant and the number of the Tenant's office in proper lettering,
the character of which shall be at the option of the Landlord.
Damage or Destruction of Premises
6.00.01 Provided that if during the term hereby demised or any
renewal thereof the demised premises shall be damaged or destroyed
by a peril or perils that would be
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covered by a standard fire insurance policy with Extended Coverage
Endorsement attached thereto, the Rent shall ▇▇▇▇▇ in the proportion
that the part of the demised premises rendered unfit to occupancy
bears to the whole of the demised premises until the demised
premises are rebuilt, and the Landlord agrees that it will with
reasonable diligence repair the demised premises unless the Tenant
is obligated to repair under the terms hereof or unless this lease
is terminated as hereinafter provided; subject always to the
provisions of paragraphs 6.00.02 and 6.00.03.
6.00.02 If the demised premises are damaged or destroyed by any
clause whatsoever and if in the opinion of the Landlord reasonably
arrived at the demised premises cannot be rebuilt or made fit for
the purposes of the Tenant within 90 days of the damage or
destruction, the Landlord, instead of rebuilding or making the
demised premises fit for the Tenant, may, at its option, determine
this lease by giving the Tenant within 30 days of such damage or
destruction notice of termination and thereupon Rent and any other
payment for which the Tenant is liable under this lease shall be
appointed and paid to the date of such damage or destruction and
the Tenant shall immediately deliver up possession of the demised
premises to the Landlord.
6.00.03 Provided that if the building or part thereof shall be
damaged or destroyed and such damage or destruction shall, in the
opinion of the Landlord, materially interfere with the enjoyment of
the demised premises by the Tenant, the Rent in respect of the
demised premises shall ▇▇▇▇▇ in proportion to such interference
during the period such interference shall continue.
6.00.04 Provided further that, irrespective of whether the demised
premises are damaged or destroyed in the event that 50% or more of
the Gross Rentable Area in the building is damaged or destroyed by
any cause whatsoever and if in the opinion of the Landlord
reasonably arrived at the said Rentable Area cannot be rebuilt or
made fit for the purposes of the tenants of such space within 180
days of the damage or destruction, the Landlord may at its option
terminate this lease by giving the Tenant within 30 days after such
damage or destruction notice of termination requiring vacant within
30 days after such damage or destruction notice of termination
requiring vacant possession of the demised premises 60 days after
the delivery of the notice of termination and thereupon Rent and
any other payment for which the Tenant is liable under this lease
shall be apportioned and paid to the date upon which vacant
possession is required and the Tenant shall deliver up possession
of the demised premises to the Landlord in accordance with such
notice of termination.
Access to Premises, Use of Common Areas, Etc.
6.01 The Landlord agrees that during the term of this lease the
Tenant and the employees, agents, customers and invitees
respectively of the Tenant shall have the rights and shall comply
with the provisions set forth in the Second Part of Schedule A
hereto annexed, subject as set forth in this lease, including said
part of said Schedule; said Schedule A shall be deemed to be a part
of this lease. The Tenant shall comply with such provisions.
Landlord's Right To Do Work
6.02.01 The Landlord shall have the right to make additions to
and/or improvements or installations in and/or repairs to the
building and/or the common outside areas and whenever reference is
made in this lease to the building or the common outside areas, it
shall mean the building and/or the common outside areas as the same
may be changed, added to or improved from time to time and in
relation to any such additions, improvements, installations, or
repairs the Landlord may cause such reasonable obstructions of and
interference with the use of enjoyment of the building, the demised
premises and/or common outside areas as may be reasonably necessary
for the purposes aforesaid and may interrupt or suspend the supply
of electricity, water or
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other services when necessary and until said additions,
improvements, installations or repairs shall have been
completed and there shall be no abatement in Rent nor shall
the Landlord be liable by reason thereof provided that all such
additions, improvements, installations or repairs shall be made as
expeditiously as reasonably possible.
6.02.02 The Landlord and any persons authorized by the Landlord
shall have the right to use, install, maintain and/or repair pipes,
wires, ducts or other installations in, under or through the
demised premises for or in connection with the supply of any
services shall include, without limiting the generality of the
foregoing, gas, electricity, water, sanitation, heating, air
conditioning and ventilation.
6.02.03 The Landlord and any persons authorized by the Landlord
shall have the right to enter upon the demised premises upon
reasonable notice to the Tenant to make such decorations, repairs,
alterations, improvements or additions as it may deem reasonable
and the Landlord or any persons authorized by the Landlord shall be
allowed to take all materials into and upon the said premises that
may be required therefore. The Rent hereunder shall in no way
▇▇▇▇▇ while such decorations, repairs, alterations, improvements or
additions are being made by reason of loss or interruption of the
business of the Tenant because of the prosecution of any such work.
Landlord's Right To Inspect and Display Sign
6.03 Provided also that during the term hereby created any person
or persons may inspect the demised premises and all parts thereof
at all reasonable times and with reasonable notice on producing a
written order to that effect signed by the Landlord or its agents.
Landlord May Perform Tenant's Covenants Etc.
6.04 If the Tenant shall fail to perform or cause to be performed
each and every one of the covenant and obligations of the Tenant in
this lease contained the Landlord shall have the right (but shall
not be obligated) to perform or cause the same to be performed and
to do or cause to be done such things as may be necessary or
incidental thereto (including, without limiting the foregoing, the
right to make repairs, installations, erections and expend moneys)
and all payments, expenses, charges, fees and disbursements
incurred or paid by or on behalf of the Landlord in respect thereof
shall be paid by the Tenant to the Landlord forthwith.
Re-Entry
6.05.01 Provided, and it is hereby expressly agreed, that if and
whenever the Rent hereby reserved, or any part thereof, shall be
unpaid for fifteen days after any of the days on which the same
ought to have been paid or remain unpaid after five (5) days
written notice thereof, or in the case of the breach or non-
performance of any of the covenants or agreements herein contained
on the part of the Tenant that is not cured by the Tenant within
30 days from the date of its happening and such breach continues by
the Tenant within 30 days from the date of its happening and such
breach continues after ten (10) days written notice thereof (or
such further periods as may be reasonably necessary provided that
the Tenant has commenced the curing forthwith and continues with
same with all due diligence), then and in either of such cases, it
shall be lawful for the Landlord at any time thereafter, to enter
the demised premises or any part thereof, in the name of the whole
to re-enter, and the same to have again, repossess and enjoy, as of
the Landlord's former estate, anything hereinafter contained to the
contrary notwithstanding.
6.05.02 In case the Landlord shall re-enter the demised premises
prior to the expiry of this lease by reason of default by the
Tenant hereunder, the Tenant shall be liable to the Landlord for
the amount of the Rent for the remainder of the term of this lease
as if such re-entry had not been made less the actual amount
received by the Landlord after
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such re-entry in respect of any subsequent leasing applicable to
the remainder of the term.
Waiver of Exemptions
6.06 That in consideration of the premises and of the leasing and
letting by the Landlord to the Tenant of the demised premises for
the term hereby created (and it is upon that express understanding
that these presents are entered into) that notwithstanding anything
contained in any Statue or in any Statue that may hereafter be
passed, none of the goods or chattels of the Tenant at any time
during the continuance of the term hereby created situate on the
demised premises shall be exempt from levy by distress for Rent in
arrears by the Tenant as provided for in any such Statute or any
amendment or amendments thereto, and that upon any claim being made
for such exemption by the Tenant or on distress being made by the
Landlord this covenant and agreement may be pleaded as an estoppel
against the Tenant in any action brought to test the right to the
levying upon any such goods as are named as exempted in any such
Statute or amendment or amendments thereto; the Tenant waiving as
the Tenant hereby does all and every benefit that could or might
have accrued to the Tenant under and by virtue of any such Statute
or any amendment or amendments thereto but for this covenant.
Bankruptcy, Etc.
6.07 The Tenant covenants that if the term hereby granted shall be
at any time seized or taken in execution or in attachment by any
creditor of the Tenant or if the Tenant shall make any assignment
for the benefit of creditors, or becoming bankrupt or insolvent
shall take the benefit of any Act that may be in force for bankrupt
or insolvent debtors, then in any such case the said term shall at
the option of the Landlord, immediately become forfeited and void
and the then current month's Rent and the Rent for the three months
next following shall immediately become due and payable and in such
case it shall be lawful for the Landlord at any time thereafter
enter into and upon the demised premises, or any part thereof, in
the name of the whole to re-enter and the same to have again,
repossess and enjoy as of its former estate; anything herein
contained to the contrary notwithstanding.
Follow Chattels
6.08 Provided that in case of removal by the Tenant of the goods
and chattels of the Tenant from the premises, the Landlord may
follow the same for thirty days.
Overlooking and Condoning
6.09 Any condoning, excusing or overlooking by the Landlord of any
default, breach or non-observance by the Tenant at any time or
times in respect of any covenant, proviso or condition herein
contained shall not operate as a waiver of the Landlord's rights
hereunder in respect of any subsequent default, breach or non-
observance nor so as to defeat or affect in any way the rights of
the Landlord hereunder in respect of the subsequent default, breach
or non-observance.
Occupancy Availability
6.10 If the demised premises shall not be available for occupancy
by the Tenant upon the date of commencement of the term hereby
demised, the Rent under this lease shall ▇▇▇▇▇ until the demised
premises are available for occupancy and the Landlord shall not be
liable in any way for the consequences of occupancy not being
available to the Tenant upon the date of commencement.
Overholding
6.11 If at the expiration of the term of this lease the Tenant
shall hold over with the consent of the Landlord, the tenancy of
the Tenant thereafter shall, in the absence of written agreement to
the contrary, be from month to month only at a Rent per month equal
to one-tenth of the Rent payable for the year immediately preceding
such
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expiration, payable monthly in advance on the first day of
each lease month and shall be subject to all other terms and
conditions of this lease.
Removal of Fixtures, Etc.
6.12 The Landlord may elect to require the Tenant to remove all or
any part of the business and trade fixtures, machinery and
equipment, cabinet work furniture and movable and immovable
partitions owned or installed by or on behalf of the Tenant at the
expiration of this Lease, in which event such removal shall be done
at the Tenant's expense and the Tenant shall, at its expense,
repair any damage to the demised premises or to the Building caused
by such removal.
If the Tenant does not remove the property as set out in this
paragraph after written demand by the Landlord, such property
shall, if the Landlord elects, be deemed to become the Landlord's
property or the Landlord may remove the same at the expense of the
Tenant and the cost of such removal will be paid by the Tenant
forthwith to the Landlord on written demand, and the Landlord will
not be responsible for any loss or damage to such property because
of such removal and any written demand for removal of the same
shall be given within thirty (30) days after the termination of
this Lease.
Unavoidable Failures or Delays by Landlord
6.13 Whenever and to the extent that the Landlord shall be unable
to fulfill or shall be delayed or restricted in the fulfilment of
any obligations hereunder in respect of the supply or provision of
heating, air conditioning, elevator or janitor services, or any
other service or utility or the doing of any work by reason of
being unable to obtain the material, goods, equipment, service,
utility or labour required to enable it to fulfil such obligation
or by reason of any statue, law or order-in-council or any
regulation or order passed or made pursuant thereto or by reason of
the order or direction of any administration controller or board of
any governmental department or officer or other authority or by
reason of not being able to obtain any permission or authority
required thereby or by reason of any other cause beyond its control
whether of the foregoing character or not, the Landlord shall be
relived from the fulfilment of such obligation and the Tenant shall
not be entitled to compensation for any inconvenience, nuisance or
discomfort thereby occasioned. There shall be no deduction from
the Rent by reason of any such failure or cause, provided such is
rectified within a reasonable time acting expeditiously and in good
faith of such occurrence.
Landlord Not Responsible For Injuries, Loss, Damage, Etc.
6.14 Provided that the same shall not be as a consequence of the
negligent act or omission of the Landlord, or of default of the
Landlord's covenants herein, the Landlord shall not be responsible
in any way for any injury to any person or for any loss of or
damage to any property belonging to the Tenant or to other
occupants of the demised premises or to any person for whom the
Tenant shall be responsible in law from time to time attending at
the demised premises while such person or property is in or about
the building or any areaways, parking areas, lawns, sidewalks,
steps, truckways, platforms, corridors, stairways, elevators or
escalators in connection therewith, including without limiting the
foregoing, any loss of or damage to any such property caused by
theft or breakage, or by steam, water, rain or snow that may leak
into, issue or flow from any part of the said building or any
adjacent or neighbouring lands or premises or from any other place
or quarter or for any loss of or damage caused by or attributable
to the condition or arrangements of any electric or other wiring or
for any damage caused by smoke or for any other loss whatsoever
with respect to the demised premises and/or any business carried on
therein.
No Liability For Indirect Damages, Etc.
6.15 Under no circumstances shall the Landlord be liable for
indirect or consequential damage or damages for personal discomfort
or illness by reason of the
-15-
non-performance of partial performance of any covenants of the
Landlord herein contained including the heating of the demised
premises or the operation of the air conditioning equipment,
elevators, plumbing or other equipment in the said building or
the demised premises.
No Representation by Landlord
6.16 There is no promise, representation or undertaking by or
binding upon the Landlord with respect to any alterations,
remodelling or decorating of or installation of equipment or
fixtures in the demised premises or the building except such, if
any, as is expressly set forth in this lease, and this lease
contains all the agreements and conditions made between the parties
hereto.
Subordination
6.17.01 The Tenant covenants and agrees with the Landlord that the
Tenant shall from time to time upon the written request of the
Landlord, enter into an indenture (I) subordinating the term hereby
demised and the rights of the Tenant hereunder to any mortgage or
ground lease, present or future, which includes the demised
premises or, at the option of the Landlord, (ii) agreeing that the
term hereby demised shall be prior to any such mortgage or ground
lease.
6.17.02 Notwithstanding any such postponement or subordination as
aforesaid the Tenant agrees that its obligations under the lease
and pursuant to this indenture shall remain in full force and
effect notwithstanding any action at any time taken by a mortgagee
of the lands to enforce the security of any mortgage; provided,
however, that any postponement or subordination given hereunder
shall reserve to the Tenant the right to continue in possession of
the demised premises under the terms of this lease so long as the
Tenant shall not be in default under such terms.
Notices
6.18 Any notice herein provided for or given hereunder if given by
the Tenant to the Landlord shall be sufficiently give if mailed in
Canada by registered mail, postage prepaid to the Landlord at #▇▇▇
- ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇.
Any notice herein provided for or given hereunder, if given by the
Landlord to the Tenant, shall be sufficiently given if mailed as
aforesaid addressed to the Tenant at the demised premises or left
at the demised premises. Any notice mailed as aforesaid shall be
conclusively deemed to have been given on the fourth business day
following the day on which such notice is mailed as aforesaid.
Either the Landlord or the Tenant may at any time give notice in
writing to the other of any change or address of the party giving
such notice and from and after the giving of such notice the
address therein specified shall be deemed to be the address of such
party for the giving of such notices thereafter. The word
"notices" in this paragraph shall be deemed to include any request,
demand, direction or statement in writing in this lease provided or
permitted to be given by the Landlord to the Tenant or by the
Tenant to the Landlord.
Payments to Landlord
6.19.01 All payments required to be made by the Tenant under or in
respect of this lease shall be made, at such place or places as the
Landlord may designate in writing, to the Landlord or to such agent
or agents of the Landlord as the Landlord shall hereinafter from
time to time direct in writing to the Tenant. The Tenant shall pay
to the Landlord interest at twenty four per cent (24%) per annum,
calculated and due daily and compounded monthly, on all payments of
Rent and other sums required to be made under the provisions of
this lease that have become overdue so long as such payments remain
unpaid.
6.19.02 All sums paid or expenses incurred hereunder by the
Landlord that ought to have been paid or incurred by the Tenant or
for which the Landlord hereunder is entitled to reimbursement from
the Tenant, including any interest owing to the Landlord
-16-
hereunder, may be recovered by the Landlord as additional rental
by any and all remedies available to it for the recovery of Rent
in arrears.
No Changes or Waivers
6.20 No assent or consent to changes in or waiver of any of this
indenture in spirit or letter shall be deemed or taken as made
unless the same be done in writing and attached to or endorsed
hereon by the Landlord; the Landlord's janitors, superintendents
and/or agents (unless such agents are authorised in writing by the
Landlord) are not authorised to amend this indenture and any
alterations, amendments or qualifications made by the said
Landlord's janitors, superintendents and/or agents (unless such
agents are so authorised) shall be null and void.
Marginal Notes
6.21 The marginal notes in this lease form no part of this lease
and shall be deemed to have been inserted for convenience of
reference only.
Interpretations
6.22 Unless the context otherwise requires, the word "Landlord"
wherever it is used herein shall be construed to include and shall
mean the Landlord, its successors and/or assigns, and the word
"Tenant" shall be construed to include and shall mean the Tenant,
and the executors administrators, successors and/or assigns of the
Tenant and when there are two or more Tenants or two or more
persons bound by the Tenant's covenants herein contained their
obligations hereunder shall be joint and several; the word "Tenant"
and the personal pronoun "it" relating thereto and used therewith
shall be read and construed as Tenants, and "his", "its" or "their"
respectively as the number and gender of the party or parties
referred to each require and the number of the verb agreeing
therewith, shall be construed and agree with the said word or
pronoun so substituted.
Registration
6.23 The parties hereto agree that this lease may be registered in
any Land Title Office provided that any costs thereto, whether
direct or indirect, are borne by the Tenant.
Heating and Air Conditioning
6.24 Notwithstanding anything contained in Clause 5.01, the Tenant
acknowledges that a reasonable time will be required in order to
fully adjust and balance the heating and air conditioning systems
if and when such adjustments and balancing are required. If any of
the apparatus of the heating and air conditioning systems is
defective or is in need or repair or maintenance or becomes damaged
or inoperative, the Landlord shall have a reasonable time to
correct same and will use all reasonable efforts to do so with due
diligence.
Enuring Effect
6.25 This lease will enure to the benefit of and be binding upon
the Landlord and Tenant and their respective heirs, executors,
administrators, successors and assigns.
Option to Renew
6.26 Provided the Tenant is not in default under this lease and
shall have given to the Landlord, at least three (3) months prior
to the expiration of this lease, written notice of its election to
renew this lease, the Tenant shall have the option to renew this
lease for a further term of 60 months upon the same terms and
conditions as outlined herein except for any tenant inducements or
allowances and option to terminate, this option to renew provision,
and the Base Rent, which Base Rent shall be negotiated and in no
case shall be less than the final Base Rent outlined herein.
Failing agreement, the Base Rent shall be determined by a single
arbitrator under the Commercial Arbitration Act of British Columbia
from time to time.
Option to Terminate
6.27 The Tenant shall have the option to terminate this lease on
the third anniversary of the commencement date of the lease by
giving the Landlord six (6)
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months' written notice of its intention of doing so. Along with
this notice, the Tenant shall submit a cheque payable to the
Landlord equal to three months' gross rent, as a payment for
this termination option.
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IN WITNESS WHEREOF the parties hereto have executed this Indenture.
THE CORPORATE SEAL OF
FIRWOOD LAND AND TRADING
COMPANY LIMITED WAS HEREUNTO
AFFIXED THIS 4th DAY OF MARCH, 1999
IN THE PRESENCE OF
\s\ ▇. ▇▇▇▇▇▇▇▇
______________________________________
\s\ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
______________________________________
THE CORPORATE SEAL OF
▇▇▇▇▇▇▇▇.▇▇▇ CORP.,
WAS HEREUNTO AFFIXED THIS
1st DAY OF MARCH, 1999
IN THE PRESENCE OF
\s\ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ \s\ ▇▇▇▇▇ ▇▇▇▇▇▇
__________________________ ________________________________
(WITNESS)
C/S
-19-
THE CORPORATE SEAL OF
VARCOM INC.
WAS HEREUNTO AFFIXED THIS
1st DAY OF MARCH, 1999
IN THE PRESENCE OF
\S\ ▇▇▇▇ ▇▇▇▇▇▇ \s\ ▇▇▇▇▇ ▇▇▇▇▇▇
__________________________ ________________________________
(WITNESS)
THE CORPORATE SEAL OF
IGEAR DEVELOPMENT CORPORATION
WAS HEREUNTO AFFIXED THIS
1st DAY OF MARCH, 1999
IN THE PRESENCE OF
\s\ ▇▇▇▇▇ ▇▇▇▇ \s\ ▇▇▇▇▇ ▇▇▇▇▇▇
__________________________ ________________________________
(WITNESS)
SCHEDULE "A"
Referred to in Annexed Lease
First Part
The demised premises, being (approximately)
5,633 square feet of Usable Area plus a 272 square
feet apportionment of Common Area for a total of
5,905 square feet of Rentable Area, are situated on
the 7th floor(s) of the building and are shown on the
floor plan hereto annexed to this Schedule A. Said
building is situate upon the lands described in
Schedule B to the said lease.
The demised premises shall exclude the outside face
of all perimeter walls of the demised premises but
shall include windows and doors in said perimeter
walls. The demised premises shall include all
installations, fixtures and furnishings and other
amenities situate in the demised premises.
Second Part
The Tenant and the employees, agents, customers
and invitees respectively of the Tenant shall
(subject as provided in said lease) have the
following rights as appurtenant to the demised
premises in common with all others from time to time
entitled thereto:
(a) between the hours of 8:00 a.m. and 6:00 p.m.
daily except on Saturdays, Sundays and public
holidays, the right to use, for the purpose of
access to and egress from the demised premises,
such entrances to and exits from the building and
for the purposes aforesaid the right to use the
elevator or elevators (except during the making
of repairs thereto) and corridors in connection
therewith as may be designated from time to time
by the Landlord. At times other than those
mentioned in the preceding sentence, access to
and egress from the building shall be available
to the Tenant subject to such safeguards as the
Landlord may, in its reasonable discretion, take
for the security of the building. And
(b) if washrooms for both sexes are not included
within the demised premises, the right to use
such washrooms as may be designated from time to
time by the Landlord.
[Blueprint diagram of leased area]
WICKLOW WEST HOLDINGS LTD.
▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇.
▇▇▇▇▇▇▇▇▇ ▇.▇.
Date: May 24, 1989
Scale: 1:209
SCHEDULE "B"
Referred to in Annexed Lease
Legal Description:
▇▇▇▇ ▇▇ ▇▇▇ ▇▇
▇▇▇▇▇ ▇▇
▇▇▇▇▇▇▇▇ ▇▇▇ 185
Plan 92
Municipal Address:
▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇
SCHEDULE "C"
Rules and Regulations Referred to in Annexed Lease
1. The sidewalks, entrances, elevators, stairways and
corridors of the building shall not be obstructed by any
of the tenants or used by them for any other purpose than
for ingress and egress to and from their respective
premises; and no tenant shall place or allow to be placed
in the hallways, corridors or stairways, entrances,
elevators, etc., any waste paper, garbage, refuse or
anything that shall tend to make them appear unclean or
untidy.
2. The doors and windows or other apertures that reflect or
admit light or air into the passageways or into any
portion of the building will not be covered or obstructed
by tenants.
3. The washrooms shall be used only for the purpose for
which they were designed and nothing shall be placed down
lavatories that might cause them to block
4. Elevator doors will not be held open while conversations
are carried on.
5. During peak periods, the elevators will be used for
transporting passengers only and during these periods no
large parcels or items of equipment will be permitted on
the elevators, and the doors will be permitted to remain
open only long enough to enable passengers to step on or
off the elevator cab. For the purposes of this rule,
peak periods are considered as between 8:00 a.m. and 9:30
a.m. in the morning, between 12:00 noon and 2:00 p.m. in
the afternoon and between 4:00 p.m. and 5:30 p.m. in the
evening.
6. Arrangements must be made with the Landlord ahead of time
when elevators are to be used for carrying freight,
furniture, etc. the elevators must not be used for this
purpose until the Landlord has given its consent and the
elevator cabs have been properly protected.
7. Tenants will assume full responsibility for any damage
occasioned to the elevators, passageways, staircases,
doorways, windows, etc. as a result of moving any freight
or furniture in or out of the premises.
8. The Landlord's janitors shall be permitted access for the
purpose of cleaning the office areas at the appointed
hours and they must not be delayed in their work.
9. [Deleted]
10. No noise shall be made that might disturb other
tenants.
11. No animals shall be allowed on the premises at any
time.
12. No bicycle or other vehicles will be brought within
the building.
13. The premises shall not be used as overnight
sleeping accommodation, for public sales, or for
entertaining purposes.
14. Arrangements must be made with the Landlord ahead of
time if any public meeting is to be held and the meeting
shall not be held until the Landlord's consent is
obtained.
15. Arrangements must be made with the Landlord ahead of
time when tenants wish to install telephones, business
machines, electrical appliances, etc.; and these
installations will not be made until the Landlord's
consent is obtained.
16. Windows will not be left open so as to admit rain or
snow.
17. Tenants will not alter any existing locks nor will
any additional locks or similar devices be attached to
any door or window, without Landlord consent. Such
consent not to be unreasonably withheld.
18. Any keys made available to tenants for the purpose
of providing access to the exterior doors of the building
shall not be duplicated and shall be returned to the
Lessor immediately the lease has terminated.
19. All adjustments to mechanical equipment such as
thermostats, radiators, diffusers, etc., must be made by
the Landlord's staff and no one else.
20. If a tenant wishes to put up any drapes or blinds in
any of the windows of the exterior of the building, the
Landlord's consent must be obtained and the drapes or
blinds put up must conform in every way with others
existing at the present time in other exterior areas of
the building.
21. No admittance to the roof or equipment rooms by any
unauthorized personnel is permitted.
22. It shall be the responsibility of tenants to prevent
any person from throwing objects out of windows or into
the ducts or stairwells of the building, and the Tenant
will pay for any cost, damage or injury resulting from
any such act or acts.
23. Tenants shall provide adequate receptacles for
garbage, refuse and waste paper and all such garbage,
refuse and waste paper shall be placed in such
containers.
24. Tenants shall not bring upon their premises any
safes, heavy equipment, motors or any other thing that
might damage the said building.
