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EXHIBIT 10.f
LEASE OF BUSINESS PREMISES
THIS LEASE, dated the 7th day of April, 2000, between MOUNTAIN
VIEW OFFICE PARK, a partnership with offices at 0000 Xxxxxxxxx Xxxx, Xxxxxxxx
0, Xxxxx 000, Xxxxxxxxxxxxx, Xxx Xxxxxx 00000 hereinafter referred to as
Landlord, and CRYOMEDICAL SCIENCES, INC. with offices at 000 Xxxx Xxxxxx Xxxx,
Xxxxx, Xxx Xxxxxx 00000, hereinafter referred to as the tenant.
WITNESSETH: That the Landlord hereby demises and leases unto the Tenant,
and the Tenant hereby hires and takes from the Landlord for the term and upon
the rentals hereinafter specified, the premises described as follows: The
demises premises shall be situated in the Township of Ewing, County of Xxxxxx
and the State of New Jersey. The suite shall be located in Mountain View Office
Park, Building 820, on the first floor of the building, and consists of 3,076
rentable square feet (2,698 usable square feet) as shown on the sketch attached
hereto and made a part thereof as "ATTACHMENT 'A'".
THE initial term of this demise shall be for five (5) years beginning May
1, 2000 and ending April 30, 2005.
The base rent for the initial term shall be TWO HUNDRED TWENTY-THREE
THOUSAND, TEN AND 00/100 ($223,010.00) DOLLARS, which shall accrue at the
yearly rate of FORTY-FOUR THOUSAND, SIX HUNDRED TWO AND 00/100 ($44,602.00)
DOLLARS.
The said rent is to be payable monthly, in advance on the first day of
each calendar month for the term hereof, in installments of THREE THOUSAND,
SEVEN HUNDRED SIXTEEN and 83/100 ($3,716.83) DOLLARS, at the office of MOUNTAIN
VIEW OFFICE PARK, 0000 Xxxxxxxxx Xxxx, Xxxxxxxx 0, Xxxxx 000, Xxxxxxxxxxxxx,
Xxx Xxxxxx 00000 or as may be otherwise directed by the Landlord in writing.
THE ABOVE LETTING IS UPON THE FOLLOWING CONDITIONS:
FIRST: The Landlord covenants that the Tenant, on paying the said rent and
performing the covenants and conditions in this Lease contained, shall and may
peaceably and quietly have hold and enjoy the demises premises for the term
aforesaid.
SECOND: The Tenant covenants and agrees to use the demised premises as
general office space (retail operations not permitted) only and agrees not to
use or permit the premises to be used for any other purpose without the prior
written consent of the Landlord endorsed herein, which consent will not be
unreasonable withheld.
THIRD: The Tenant shall, without any previous demand therefore, pay to the
Landlord, or its agent, the said rent at the times and in the manner above
provided. In the event of the non-payment of said rent, or any installment
thereof, at the times and in the manner above provided, and if the same shall
remain in default for ten (10) days after receipt of written notice, or if the
Tenant shall be dispossessed for non-payment of rent, the Landlord or its agents
shall have the right to and may enter the said premises as the agent of the
Tenant, through operation of law, without being liable for any prosecution or
damages therefore, and may relet the premises as the agent of the Tenant, and
receive the rent therefore, upon such terms as shall be satisfactory to the
Landlord, and all rights of the Tenant to repossess the premises under this
Lease shall be
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forfeited. Such re-entry by the Landlord shall not operate to release the
Tenant from any rent to be paid or covenants to be performed hereunder during
the full term of this Lease period. For the purpose of reletting, the Landlord
shall be authorized to make such repairs to a building standard condition in or
to the lease premises as may be necessary to place the same in good order and
condition. The Tenant shall be liable to the Landlord for the reasonable cost
of such repairs, and all reasonable expenses of such reletting. If the sum
realized or to be realized from the reletting is insufficient to satisfy the
monthly or term rent provided in this Lease, the Landlord, at its option, may
require the Tenant to pay such deficiency month by month, or may hold the
Tenants in advance for the present value of the entire deficiency to be by
realized during the term of the reletting. The Tenant shall not be entitled to
any surplus accruing as a result of the reletting. The Landlord is hereby
granted a lien, in addition to any statutory lien or right to distrain that may
exist, on all personal property of the Tenant in or upon the demised premises,
to secure payment of the rent and performance of the covenants and conditions
of this Lease. The Landlord shall have the right, only after Landlord has taken
procession of the Lease property pursuant to this paragraph, as agent of the
Tenant, to take possession of any furniture, fixtures or other personal
property of the Tenant found in or about the premises, and sell the same at
public or private sale and to apply the proceeds thereof to the payment of any
moneys becoming due under this Lease, the Tenant hereby waiving the benefit of
any laws exempting property from execution, levy and sale on distress or
judgment. The Tenant agrees to pay, as additional rent, all attorney fees and
other expenses incurred by the Landlord enforcing any of the obligations under
this lease.
FOURTH: The Tenant shall not sublet the demised premises nor any portion
thereof, nor shall this Lease be assigned by the Tenant without the prior
written consent of the Landlord endorsed hereon, which consent shall not be
unreasonably withheld. Tenant, however, shall have the right to assign this
Lease in the event of a corporate reorganization or merger to any new corporate
entity of which CRYOMEDICAL SCIENCES, INC. would be a part. Notwithstanding
anything to the contrary contained herein, this Tenant shall have the right to
sublet the demised premises under the following terms and conditions: (1) If
Tenant is intending to sublet the demised premises to a third party, Tenant
must first present to the Landlord the terms and conditions of the proposed
sublease with the new Tenant. This proposal must be delivered in writing to the
Landlord sixty (60) days prior to the date on which the sublease is to take
effect. Upon receipt, Landlord shall have the irrevocable right to recapture
the space presently lease to Tenant, which right must be exercised within ten
(10) days of the receipt of the written notice from Tenant herein. If Landlord
agrees to recapture the space, then in that event, the Tenant shall have no
right to subject the demised premises to a third party; however, if in fact the
Landlord opts not to recapture the space leased to Tenant, the Tenant shall
have the right to sublet the premises under the further condition that Tenant
shall pay to Landlord the difference between the rent Tenant currently pays
to the Landlord under the terms and conditions of this lease and the rent
to be paid by the subtenant to Tenant. Additionally, should Landlord fail
to respond within the said ten (10) day period to Tenant, then Tenant shall
have the right to sublet the premises under the terms and conditions set
forth in this paragraph. Any sublease or assignment shall be at the base
rate as provide in this Lease.
FIFTH: The Tenant has examined the demised premises, and accepts them in
their present condition (except as otherwise expressly provided herein) and
without any representations on the part of the Landlord or its agents as to the
present condition of the said premises. The Tenant shall keep the demised
premises in good condition, and shall redecorate, paint and renovate the said
premises as may be necessary to keep them in repair and good
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appearance. The Tenants shall quit and surrender the premises at the end of the
demised term in as good condition as the reasonable use thereof will permit.
Then Tenant shall not make any alterations, or improvements to said premises
without the prior written consent of the Landlord, which consent shall not be
unreasonable withheld. All erections, alterations and improvements, whether
temporary or permanent in character, which may be made upon the premises either
by the Landlord or the Tenant, except furniture or movable trade fixtures
installed at the expense of the Tenant, shall be the property of the Landlord
and shall remain upon and be surrendered with the premises as a part thereof at
the termination of the Lease, without compensation to the Tenant. The Tenant
further agrees to keep said premises and all parts thereof in a clean and
sanitary condition and free from trash, flammable material and other
objectionable matter.
SIXTH: In the event than any mechanics' lien is filed against the
premises as a result of alterations, additions or improvements made by the
Tenant, the Landlord, at its option, after thirty (30) days notice to the
Tenant, may terminate this Lease and may pay the said lien, without inquiring
into the validity thereof, and the Tenant shall forthwith reimburse the
Landlord the total expense incurred by the Landlord in discharging the said
lien, as additional rent hereunder.
SEVENTH: The Tenant agrees to replace, at the Tenant's expense, any and
all glass which may become broken in and on the demised premises, through
Tenants (including Tenant's agents, servants, employees, guests and the like)
negligence. Plate glass and mirrors, if any, shall be insured by the Tenant at
their full insurable value with a company satisfactory to the Landlord. Said
policy shall be at the full premium type, and shall be deposited with the
Landlord or its agent. Tenant shall only be required to give Landlord a
Certificate of Insurance. Parties agree that Tenant shall have the right to
self insure for glass damage.
EIGHTH: The Landlord shall not be responsible for the loss of or damage
to property, or injury to persons, occurring the or about the demised premises,
by reason of any existing or future condition, defect, matter or thing in said
demised premises or the property of which the premises are a part, or for the
acts, omissions or negligence of other persons or tenants in and about the said
property, unless caused by Landlord's negligent or willful wrongful act. The
Tenant agrees to indemnify and save the Landlord harmless from all claims and
liability for losses of or damage to property, or injuries to persons occurring
in or about the demised premises, unless caused by Landlord's negligent or
willful wrongful act.
NINTH: Utilities and services furnished to the demised premises for the
benefit of the Tenant shall be paid for by the Tenant. Tenant agrees to pay
monthly to the Landlord its estimated pro-rated share of the cost of all
utilities and maintenance not directly billed to Tenant, including but not
limited to real estate taxes, insurance, sewer, maintenance and air
conditioning. The estimated pro-rated utility and maintenance charges shall be
adjusted at the end of the fiscal year. The Landlord shall not be liable for
any interruption or delay in any of the above services for any reason unless
caused by Landlord's negligent or willful wrongful act. Attached hereto and
made apart hereof as ATTACHMENT "B" is a list of currently known expenses. If,
during the initial term or any renewal term, additional expenses are added to
this list, Tenant shall be notified.
TENTH: The Landlord, or its agents, shall have the right to enter the
demised premises upon reasonable notice to Tenant, at reasonable hours in the
day or night to examine the same, or to run telephone or other wires, or to
make such repairs, additions or alterations as it
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shall deem necessary for the safety, preservation or restoration of the
improvements, or for the safety, preservation or restoration of the
improvements, or for the safety or convenience of the occupants or users thereof
(there being no obligations, however, on the part of the Landlord to make any
such repairs, additions or alterations), or to exhibit the same to prospective
purchasers and to put upon the premises a suitable "For Sale" sign. For three
(3) months prior to the expiration of the demised term, the Landlord, or its
agents, may similarly exhibit the premises to prospective tenants, and may place
the usual "To Let" signs thereon. The Tenant acknowledges that for security
reasons the entrances to the common area shall be open from 7:00 a.m. until 6:00
p.m. at which time the doors will electronically lock. Should special
arrangements be necessary to accommodate Tenant's needs for access to the
premises, these arrangements are to be made to the satisfaction of the Landlord
and the Tenant.
ELEVENTH: In the event of destruction of the demises premises or the
building containing the said premises by fire, explosion, the elements or
otherwise during the term hereby created, or previous thereto, or such partial
destruction thereof as to render the premises untenantable or unfit for
occupancy, or should the demised premises be so badly injured that the same
cannot be repaired within ninety (90) days from the happening of such an injury,
then and in such case the term hereby created shall, at the option of the
Landlord, cease and become null and void from the date of such damage or
destruction, and the Tenant shall immediately surrender said premises and all
the Tenant's interest therein to the Landlord, and shall pay rent only to the
time of surrender, in which event the Landlord may re-enter and repossess the
premises thus discharged from this Lease and may remove all parties therefrom.
Should the demised premises be rendered untenantable and unfit for occupancy,
but yet be repairable within ninety (90) days from the happening of said injury,
the Landlord shall enter and repair the same with reasonable speed, and the rent
shall not accrue after said injury or while repairs are being made, but shall
recommence immediately after such repairs shall be completed. But if the
premises shall be so slightly injured as not to be rendered untenantable and
unfit for occupancy, then the Landlord agrees to repair the same with
reasonable promptness and in that case the rent accrued and accruing shall not
cease or determine. The Tenant shall immediately notify the Landlord in case of
fire or other damage to the premises. In the event of partial destruction,
Landlord must notify Tenant within thirty (30) days of its intent to rebuild or
not and if there is no notification, Tenant shall have the right to cancel this
Lease.
TWELFTH: The Tenant agrees to observe and comply with all laws,
ordinances rules and regulations of the Federal, State, County and Municipal
authorities applicable to the business to be conducted by the Tenant in the
Demised premises. The Tenant agrees not to do or permit anything to be done in
said premises, or keep anything therein, which will increase the rate of fire
insurance premiums on the improvements or any part thereof, or on the property
keep therein, or which will obstruct or interfere with the right of other
tenants, or conflict with the regulation of the Fire Department or with any
insurance policy upon said improvements or any part thereof. In the event of
any increase in insurance premiums resulting from Tenant's occupancy of the
premises, or for any act or omission on the part of the Tenant, the Tenant
agrees to pay said increase in insurance premiums on the improvements or
contents thereof as additional rent.
THIRTEENTH: No sign, advertisement or notice shall be affixed to or
placed on any part of the demised premises by the Tenant, except in such a
manner, and of such a size, design and color as shall be approved in advance in
writing by the Landlord. Tenant shall be entitled to one entry on the
Landlord's exterior directory. In the event that Landlord permits
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Tenant to sublet the premises to a subtenant, in no event shall the subtenant
be permitted an entry on Landlord's directories unless Tenant agrees, in
writing, to have Tenant's name removed from Landlord directories and the
subtenant name installed. The cost of the name change shall be borne by the
subtenant and paid directly to Landlord.
FOURTEENTH: This Lease is subject and is hereby subordinated to all
present and future first mortgages, first deeds of trust and other encumbrances
affecting the demised premises or the property of which said premises are a
part. The Tenant agrees to execute, at no expense to the Landlord, any
instrument which may be deemed necessary or desirable by the Landlord to
further effect the subordination of this Lease to any such first mortgage, fit
deed of trust or first encumbrance.
FIFTEENTH: The rules and regulations regarding the demises premises,
ATTACHMENT "C", as well as any other further reasonable rules and regulations
which shall be made by the Landlord, shall be observed by the Tenant and by the
Tenant's employees, agents and customers. The Landlord reserves the right to
rescind any presently existing rules applicable to the demised premises, and to
make such other and further reasonable rules and regulations as in its judgment
may from time to time be desirable for the safety, care and cleanliness of the
premises, and for the preservation of good order therein, which rules, when so
made and notice thereof given to the Tenant, shall have the same force and
effect as if originally made a part of this Lease. Such other and further rules
shall not, however, be inconsistent with the proper and rightful enjoyment by
the Tenant of the demised premises. All such rules and regulations shall be
enforced against all Tenants in a like and similar fashion.
SIXTEENTH: In case of violation by the Tenant of any of the covenants,
agreements and condition of this Lease, or of the rules and regulations now or
hereafter to be reasonable established by the Landlord, and upon failure to
discontinue such violation within ten (10) days after receipt of written notice
thereof give to the Tenant, this Lease shall thenceforth, at the option of the
Landlord, become null and void, and the Landlord may re-enter without further
notice and demand. The rent, in such case, shall become due, be apportioned and
paid on and up to the day of such re-entry, and the Tenant shall be liable for
all loss or damage resulting from such violation as aforesaid. No waiver by the
Landlord of any violation or breach of condition by the Tenant before the
Landlord shall exercise its option under this paragraph operate to defeat the
right of the Landlord to declare this Lease null and void and to re-enter upon
the demised premises after the said breach or violation.
SEVENTEENTH: All notices and demands, legal or otherwise, incidental to
this Lease, or the occupancy of the demised premises, shall be in writing. If
the Landlord or its agents desires to give or serve upon the Tenant any notice
or demand, it shall be sufficient to send a copy of thereby registered mail,
return receipt requested, addressed to the Tenant at the demised premises.
Notices from the Tenant to the Landlord shall be sent registered mail, or
delivered to the Landlord at the place hereinbefore designated for the payment
of rent or place as the Landlord may from time to time designate in
writing.
EIGHTEENTH: It is further agreed that if at any time during the term of
this Lease the Tenant shall make any assignment for the benefit of creditors,
or be decreed insolvent or bankrupt according to law, or if a receiver shall be
appointed for the Tenant, then the Landlord may, at its option, terminate this
Lease, exercise of such option to be evidenced by notice to that effect served
upon the assignee, receiver, trustee or other person in charge of the
liquidation of
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the property of the Tenant or the Tenant's estate, but such termination shall
not release or discharge any payment of rent payable hereunder and then
accrued, or any liability then accrued by reason of any agreement or covenant
herein contained on the part of the Tenant, or the Tenant's legal
representatives.
NINETEENTH: In the event that the Tenant shall remain in the demised
premises after the expiration of the term of this Lease without having executed
a new written Lease with the Landlord, such holding over shall not constitute a
renewal or extension of this Lease. The Landlord may, at its option, elect to
treat the Tenant as one who has not removed at the end of his term, and
thereupon be entitled to all the remedies against the Tenant provided by the
law in that situation, or the Landlord may elect, at its option, to construe
which holding over as a tenancy from month to month, subject to all the terms
and conditions of this Lease, except as to duration thereof, and in that event
the Tenant shall pay monthly rent in advance at twice the rate provided herein
as effective during the last month of the demised term.
TWENTIETH: If the property or any part thereof wherein the demised
premises are located shall be taken by public or quasi-public authority under
any power of eminent domain or condemnation, this Lease, at the option of the
Landlord, shall forthwith terminate and the Tenant shall have no claim or
interest in or to any award of damages for such taking, provided this clause
shall not prevent the Tenant from making a claim on its own behalf separate and
apart for any claims of the Landlord.
TWENTY-FIRST: The Tenant has this day deposited with the Landlord the sum
of $3,716.83 as security for the full and faithful performance by the Tenant of
all the terms, covenants and conditions of this Lease upon the Tenant's part to
be performed, which said sum shall be returned to the Tenant after the time
fixed as the expiration of the term herein, provide the Tenant has fully and
faithfully carried out all of said terms, covenants and conditions of Tenant's
part to be performed. In the event of a bona fide sale, subject to this Lease,
the Landlord shall have the right to transfer the security to the vendee for
the benefit of the Tenant and the Landlord shall be considered released by the
Tenant from all liability for the return of such security; and the Tenant
agrees to look to the new Landlord solely for the return of the said security,
and it is agreed that this shall apply to every transfer or assignment made of
the security to a new Landlord. The security deposited under this Lease shall
not be mortgaged, assigned or encumbered by the Tenant without written consent
of the Landlord.
TWENTY-SECOND: No rights are to be conferred upon the Tenant until this
Lease has been signed by the Landlord, and an executed copy of this Lease has
been delivered to the Tenant.
TWENTY-THIRD: The foregoing rights and remedies are not intended to be
exclusive but as additional to all rights and remedies the Landlord would
otherwise have by law.
TWENTY-FOURTH: All the terms, covenants and conditions of this Lease
shall inure to the benefit of and be binding upon the respective heirs,
executor, administrators, successors and assigns of the parties hereto.
TWENTY-FIFTH: This Lease and the obligation of the Tenant to pay rent
hereunder and perform all of the other covenants and agreements hereunder on
part of Tenant to be performed shall in no way be affected, impaired or excused
because Landlord is reasonable
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unable to supply or is delayed in supplying any service expressly or impliedly
to be supplied or is delayed to make, or is delayed in making any repairs,
additions, alterations or decorations or is unable to supply or is delayed in
supplying any equipment or fixtures if Landlord is prevented or delayed from so
doing by reason of governmental preemption in connection with the National
Emergency declared by the President of the United States or in connection with
any rule, order or regulation of any department or subdivision thereof of any
governmental agency or by reason of the conditions of supply and demand which
have been or are affected by war.
TWENTY-SIXTH: This instrument may not be changed orally.
TWENTY-SEVENTH: It is understood and agreed between the parties that
this is a net-net Lease and that the Tenant will pay for all of the Landlord's
expense in the operation of the property including but not limited to all
utilities and maintenance billed directly to it and will pay, to the Landlord,
for its pro-rata share of all other items of maintenance and services paid for
by Landlord, including a management fee not to exceed five (5%) percent of the
base rent. Parties agree that the Tenant's pro-rate share be equal to six (6%)
percent of such costs. Parties have agreed that electric shall be metered
separately and paid for directly by the Tenant. Snow removal, lawn maintenance,
parking yard maintenance, utilities for common areas, water service, sewer
service and the management fee shall be paid for by the Landlord and
apportioned to Tenant as aforesaid and paid for by the Tenant on a monthly
basis.
TWENTY-EIGHTH: In addition to the rent heretofore provided, Tenant
shall pay on a monthly basis to the Landlord six (6%) percent of the real
estate taxes assessed against the property by Township of Ewing. In addition,
parties acknowledge that the demised premises are currently insured with
coverage including amount other things, fire and liability, as more
specifically defined in the insurance policy covering the demised premises.
Landlord will continue to pay premiums for such insurance and the Tenant agrees
to pay six (6%) percent of the costs thereof payable monthly to the
Landlord. Landlord agrees to furnish Tenant with actual copies of the policies
as proof of payment. Tenant will be obligated to carry fire and extended
coverage insurance on the contents of the property leased and will provide to
Landlord copies of such insurance policies.
TWENTY-NINTH: Landlord agrees, at its expense, to promptly make all
structural repairs to the building.
THIRTIETH: Tenant agrees that in the event it is more than ten (10)
days late in the payment of any rent provided for in the within Lease, Tenant
shall pay a sum equal to four (4%) percent of the payment that was due as a
late charge.
THIRTY-FIRST: Wherever the consent of the Landlord is required in
this Lease, said consent shall not be unreasonable withheld or delayed.
THIRTY-SECOND: It is fully understood and agreed that Tenant, upon
vacating the demised premises, shall leave the premises as it found them,
subject to normal wear and tear and damage from an insured casualty and
approved alterations.
THIRTY-THIRD: It is fully understood and agreed by and between the
parties hereto that Tenant shall have the right, at it option, to contest
the amount of real estate taxes
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'assessed by the Tax Assessor of the Township of Ewing insofar as same relates
to Mountain View Office Park, the cost of which is to be borne solely and
exclusively by Tenant.
THIRTY-FOURTH: Each party hereto waives any and every claim which arises
or may arise in its favor and against the other party hereto during the term of
this Lease or any renewal or extension thereof for any and all loss of or
damage to any of its property located within or upon, or constituting a part of
the premises leased to Tenant hereunder, which loss or damage is covered by
valid and collectible fire and extended coverage insurance policies, to the
extent such that loss or damage is recoverable under said insurance policies.
Said mutual waivers 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 parties hereto. Inasmuch as the above
mutual waivers preclude the assignment of any aforesaid claim by way of
subrogation (or otherwise) to an insurance company (or any other person), each
party hereto hereby agrees immediately to give each insurance company which has
issued to it policies of fire and extended coverage insurance, written notice
of the terms of said mutual waivers, and to have said insurance policies
properly endorsed, if necessary, to prevent the invalidation of said insurance
coverages by reason of said waivers.
THIRTY-FIFTH: Landlord acknowledges with the Tenant that as part of the
consideration of the Tenant's entering into this Lease, Landlord shall provide
to Mountain View Office Park, a portion of which will be occupied by Tenant, a
total of 275 paved parking spots. Of these parking spots, Tenant shall have the
right to use a maximum of fourteen (14) parking spaces. Except for handicapped
parking, no assigned or reserved parking is permitted.
THIRTY-SIXTH: Parties agree that with the exception of a default in
payment of rent, the Tenant shall have the right to cure any defaults within
thirty (30) days of notice in writing by the Landlord, provided, however, that
if the matter of the default is such that it cannot be cured within thirty (30)
days, Tenant shall have a reasonable period of time within which to cure such
default within ninety (90) days. Notice of any default shall be served on the
Tenant personally or by certified mail, return receipt requested.
THIRTY-SEVENTH: The Tenant shall be responsible for the maintenance of
any special equipment installed by it or on its behalf including plumbing and
air conditioning equipment over and above normal building standard.
THIRTY-EIGHTH: Landlord and Tenant agree that provided Tenant is not in
default of any of the terms and conditions of this Lease, then Tenant is hereby
granted an option to renew this Lease for one (1) additional five (5) year term
under the same terms and conditions, except rent charged for said term shall be
equal to the then current rent charged for similar space on the premises, in
addition to all other charges and costs associated with said rental. Tenant's
option to renew this Lease must be exercised in writing to Landlord no later
than six (6) months prior to the expiration of this Lease term and any renewal
thereof.
THIRTY-NINTH: Parties agree that the Tenant work as set forth on
ATTACHMENT 'D' shall be at no cost to Tenant.
FORTIETH: In the event the date of occupancy is delayed, the term of
this Lease shall commence on the actual date of occupancy as agreed to by
Landlord and Tenant. If
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Tenant takes possession any time after the first of the month, the rent and
estimated nets shall be pro-rated for the number of days the Tenant has actual
possession.
FORTH-FIRST: Tenant acknowledges that the HVAC system installed by Landlord
and utilized by Tenant are preset to service the demised premises from 7:00
a.m. to 9:00 p.m. Monday through Friday, in order to economize the cost of same
to Tenant. The HVAC units are preset, computerized floor by floor, and can be,
upon reasonable notice by Tenant to Landlord, adjusted to meet the Tenant's
HVAC needs over and above the preset time and conditions set by Landlord.
Should Tenant desire additional or different HVAC services other than those
preset by Landlord, Tenant shall be billed for any addition costs, which costs
are currently at a rate of $55.00 per hour, which may change from time to time
for the HVAC over and above normally provided by landlord as additional rent.
Landlord shall not be required to provide additional HVAC service to Tenant
should the said written request not be tendered to Landlord in a timely
fashion.
IN WITNESS WHEREOF, the said parties have hereunto set their hands and
seals the day and year first above written.
WITNESS: MOUNTAIN VIEW OFFICE PARK
/s/ XXXXXX X. XXXXXXX
-------------------- ---------------------------------------
Xxxxxx X. Xxxxxxx, Partner
WITNESS: CRYOMEDICAL SCIENCES, INC.
[SIG] /s/ XXXXXXX X. XXXXXXXX
-------------------- ---------------------------------------
Xxxxxxx X. Xxxxxxxx, President & CEO
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ATTACHMENT A FLOOR PLAN
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ATTACHMENT 'B'
CURRENT NETS FOR MOUNTAIN VIEW OFFICE PARK
Answering Service
Custodial (Common Areas)
HVAC Maintenance
Elevator
Insurance
Lawn Maintenance
Tenant Miscellaneous
Non-Structural Repairs
Paving Restoration
PSE&G Parking & Core
PSE&G HVAC
Plants
Trash Removal
Security Guard
Sewer
Snow Removal
Real Estate Taxes
Public Telephone
Washroom Supplies
Water
5% Management Fee on Rent
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ATTACHMENT 'C'
RULES AND REGULATIONS REGARDING THE DEMISED PREMISES
For the safety, care and cleanliness of the premises, and for the
preservation of good order therein, no smoking is permitted in the in the
common areas of the premises by the tenant, its agents, employees or guests.
Common areas include, but are not limited to, the vestibule, corridors,
bathrooms, elevators and stair towers.
For the safety, care and cleanliness of the premises and for the
preservation of good order therein, no pets are allowed on or about the demised
premises by the tenant, its agents, employees or guests.
In order to preserve the professional atmosphere and for the care and
safety of the visitors, guests and occupants of the building, it is understood
and agreed Tenant shall not allow minor children to go into the corridors and
bathrooms unattended. Any damage to the building caused by the Tenant's clients,
visitors or guests shall be the sole responsibility of the Tenant.
For the care and cleanliness of the demised premises and for the
preservation of good order therein, Tenant is restricted from placing signs,
posters, advertisements or the like in the windows or on the doors of the
demised premises.
For the care and cleanliness of the premises and for the preservation of
good order therein, Tenant is restricted from placing signs, posters or
advertisements on the grounds, parking area, automobiles or the like throughout
Mountain View Office Park.
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13
ATTACHMENT 'D'
In consideration of a five (5) year Lease, Landlord will perform
the following work at no cost to Tenant:
- Replace defective closers on existing millwork with the same or
similar type of device to insure all cabinets open and close properly
- Remove existing mail slot unit
- Construct a wall, on top of existing counter to close opening
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