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LEASE AGREEMENT
LEASE AGREEMENT, made between The Mask Group, 00 Xxxxxxxxx Xx.,
Xxxxxx, XX 00000 (Landlord) and Software Associates, Inc. 000 Xxxxxxxx Xxx.,
Xxxxxx Xxxxx, XX 00000 (Tenant).
For good consideration it is agreed between the parties as follows:
1). Landlord hereby leases and rents to the Tenant the premises
described as follows:
The property consists of an Office Condominium Units located at
Fairfield Commons, 000 Xx 00 X, Xxxxxxxxx, XX 00000, Units designated as F107,
F108, F109, F110.
2). This lease shall be in effect for a term of 25 years,
commencing on July 1, 1994 and ending on June 30, 2018.
3). Tenant shall pay the landlord the annual rent of $37,500.00
during said term, in monthly payments of $3,125.00, each, payable monthly in
advance.
4). The Tenant will give the Landlord a Security amount equal to
1.5 times the monthly rental amount. The Security shall be held by the
Landlord during the term of the Lease. The Landlord may deduct any expenses
incurred in connection with the Tenant's failure to comply with any agreement
in this Lease. For example, if the Tenant does not leave the premises in good
condition at the end of the Term, the Security may be used to put it in good
condition. If the amount needed exceeds the Security, the Tenant shall pay the
additional amount to the Landlord on demand. Within 30 days after the end of
the Term, the Landlord shall return to the Tenant (A) the Security, less any
deductions made under this lease, (B) a statement itemizing the deductions.
5). Landlord is entitled to annual rent increases not to exceed 5%
of the prior annual rental amount.
6). The tenant may not do any of the following without the
landlord's written consent: (A) Assign this lease, (B) Sublet all or any part
of this lease.
7). Utilities, Services, Fees. Tenant is responsible for the
following: (A) Heat (B) Hot and Cold Water (C) Electric (D) Air Conditioning
(E) Telephone (F) Cleaning (G) Garbage removal. (H) Condo Association Fees.
The Landlord shall not be liable to the Tenant for any interruption
or delay of these services beyond the control of the Landlord.
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8). Tenant's Repairs, Maintenance and Compliance. The Tenant
shall:
(A) Promptly comply with all laws, orders, rules and
requirements of any governmental authorities, property owners association,
insurance carriers, board of fire underwriters.
(B) Keep and maintain the Premises in a neat, safe, clean,
and sanitary manner. Vehicles may be driven or parked only in the designated
parking areas.
(C) Take care of the Premises and all the Fixtures in it.
(D) Promptly make all necessary repairs and replacements to
the Premises and all equipment and fixtures in it whenever the need results
from the Tenants act or neglect. This includes damage caused by the Tenant's
employees, or guests.
(E) Promptly notify the Landlord when there are conditions
in need of repair.
(F) Remove from the Premise all garbage and debris and take
to the disposal area for collection
(G) Use all Electric, Plumbing, Sanitary, Heating, Cooking,
and other facilities in and around the House in a safe and reasonable way.
(H) Obey any written instructions of the Landlord for the
care and use of appliances, equipment, and other personal property in the
Premises.
(I) Keep nothing inflammable or dangerous in the Premise.
NOTE. The Tenant shall pay for all expenses necessary to comply with the
above.
9). Landlord's Repairs. The Landlord shall, at the Landlord's
expense make necessary repairs and replacements to the Premise and all
equipment and fixtures in it if not caused by the act or neglect of the Tenant,
the Tenant's employees, or guests
10). Access to the_Premises. The Landlord shall have access to the
premise on reasonable notice to the Tenant to (A) inspect the Premise, (B) make
necessary repairs, alterations or improvements (C) supply necessary services
(D) show the Premise to potential renters, contractors, and insurers.
11). No Alteration or Installation of Equipment. The Tenant shall
not make any changes or additions to the Premise without the Landlord's written
consent. Any changes made by the
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Tenant without the Landlord's written consent shall be removed by the Tenant on
demand.
12). Fire and other casualty.__The Tenant shall give the Landlord
immediate notice of any fire or other casualty in the Premise. If the Premise
cannot be used because of fire or casualty, the Tenant is not required to pay
rent for the time the Premise is unusable. If the fire or casualty is caused
by act or neglect of the Tenant or the Tenant's employees or guests, the Tenant
shall pay for all repairs and all other damages. In that case the Tenant must
pay the rent for the full Term. If the Premise is partially damaged by fire or
casualty without the act or neglect of the Tenant, the Landlord shall repair it
as soon as possible. This Lease shall terminate if the Premise is totally
destroyed by fire or other casualty without the act or neglect of the Tenant or
the Tenant's employees or guests.
13). Non-liability of Landlord. The Landlord is not liable for
loss, injury or damage to any person or property unless it has to do with the
Landlord's act or neglect. The Tenant shall repay the Landlord any monies
spent by the Landlord due to the Tenant's act or neglect. The Tenant is
responsible for all acts or neglect of the Tenant's employees or guests. The
Tenant may obtain insurance to cover this liability.
14). Violation, Eviction, Re-entry and Damages. The Landlord may
evict the Tenant for violation of any agreement in this Lease and for all other
causes provided by Law. The Landlord may then re-enter and regain possession
of the Premise. The Landlord may xxx the Tenant for all damages, including loss
of rental income and reasonable attorney's fees, resulting from the Tenant's
violation of any agreement in this lease.
15). Notices. All notices given under this Lease shall be in
writing. Unless otherwise provided by law, they may be given by personal
delivery to the other party, or by certified mail. Notices shall be addressed
to each party at the addresses listed at the beginning of this Lease.
16). Survival. If any agreement of this Lease is contrary to Law,
the rest of the Lease shall remain in force.
17). No Changes. The parties have read this Lease. It contains
their entire agreement. It may not be changed except in writing signed by the
Landlord and the Tenant.
18). End of Term. At the end of the Term, the Tenant shall leave
the Premise clean and in good condition, remove all of the Tenant's property,
repair any damage that might have occurred, and return the Premise to the
Landlord in the same condition as it was at the beginning of the Term, except
for normal wear caused by reasonable use.
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19). Binding. This Lease binds the Landlord and the Tenant and
their Heirs, personal representatives, successors, and lawful assigns.
20). Signatures. The Landlord and the Tenant agree to the terms of
this Lease by signing below.
/s/ Xxxxxxx X. Xxxxxxxxxx 7/1/94
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LANDLORD DATE
/s/ Xxxxxxx X. Xxxxxxxxxx 7/1/94
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TENANT DATE
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