warehouse rental contract
the basic lease information, the exhibits, the addendum or addenda described in the basic lease information, and this lease agreement are and shall be construed as a single instrument and are referred to herein as the “lease.” in consideration for the rents and all other charges and payments payable by tenant, and for the agreements, terms and conditions to be performed by tenant in this lease, landlord does hereby lease to tenant, and tenant does hereby hire and take from landlord, the premises described below (the “premises”), upon the agreements, terms and conditions of this lease for the term hereinafter stated. in any notice given by landlord pursuant to paragraph 24 of this lease, landlord shall have the right to demand any and all base rent that would have been due and payable in accordance with this lease absent the waiver contained herein. in addition, tenant shall receive the benefit of any credits, refunds or discounts realized by landlord to the extent the full amount of such costs were previously included in operating expenses. even though the term has expired and tenant has vacated the premises, with respect to the year in which this lease expires or terminates, tenant shall remain liable for payment of any amount due to landlord in excess of the estimated additional rent previously paid by tenant, and, conversely, landlord shall promptly return to tenant any overpayment. pending the determination of such dispute by agreement or arbitration as aforesaid, tenant shall, within ten (10) days after receipt of such statement, pay additional rent in accordance with landlord’s statement and such payment shall be without prejudice to tenant’s position. tenant shall provide such information and specifications regarding tenant’s use or projected use of electricity at the premises as shall be required from time to time by landlord or the electric service provider to efficiently provide electrical service to the premises or the building. landlord’s acceptance of such late charges shall not constitute a waiver of tenant’s default with respect to such overdue amount or estop landlord from exercising any of the other rights and remedies granted under this lease. any tenant improvements to be constructed hereunder shall comply with the ada, and all costs incurred to comply therewith shall be a part of and included in the cost of the tenant improvements. all tenant improvements and alterations except those which landlord requires tenant to remove shall remain in the premises as the property of landlord. notwithstanding the foregoing, tenant shall have no responsibility to repair any damage to the premises caused solely by the gross negligence or willful misconduct of landlord, its employees, agents or contractors, which is not covered by insurance that tenant is required to carry under this lease or otherwise has in effect. tenant shall promptly report in writing to landlord any defective condition known to it which landlord is required to repair, and failure to so report such defects shall make tenant responsible to landlord for any liability incurred by landlord by reason of such condition. tenant shall deliver to landlord certificates of insurance and true and complete copies of any and all endorsements required herein for all insurance required to be maintained by tenant hereunder at the time of execution of this lease by tenant. in the event that tenant shall not, within ten (10) days following the imposition of any such lien, cause the lien to be released of record by payment or posting of a proper bond, landlord shall have in addition to all other remedies provided herein and by law the right but not the obligation to cause same to be released by such means as it shall deem proper, including payment of the claim giving rise to such lien. if landlord elects not to restore the building, this lease shall be deemed to have terminated as of the date on which tenant surrenders possession of the building to landlord, except that if the damage to the building materially impairs tenant’s ability to continue its business operations in the building, then this lease shall be deemed to have terminated as of the date such damage occurred. (b) landlord shall be entitled to any and all compensation, damages, income, rent, awards, or any interest therein whatsoever which may be paid or made in connection with any condemnation, and tenant shall have no claim against landlord for the value of any unexpired term of this lease or otherwise; provided, however, that tenant shall be entitled to receive any award separately allocated by the condemning authority to tenant for tenant’s relocation expenses or the value of tenant’s property (specifically excluding fixtures, alterations and other components of the premises which under this lease or by law are or at the expiration of the term will become the property of landlord), provided that such award does not reduce any award otherwise allocable or payable to landlord. the assignment or sublease agreement, as the case may be, after approval by landlord, shall not be amended without landlord’s prior written consent, and shall contain a provision directing the assignee or subtenant to pay the rent and other sums due thereunder directly to landlord upon receiving written notice from landlord that tenant is in default under this lease with respect to the payment of rent. in furtherance of the foregoing, tenant acknowledges and agrees on behalf of itself and any assignee or subtenant claiming under it (and any such assignee or subtenant by accepting such assignment or sublease shall be deemed to acknowledge and agree) that no sub-subleases or further assignments of this lease shall be permitted at any time. in the event of any default by tenant, then in addition to any other remedies available to landlord at law or in equity and under this lease, landlord shall have the immediate option to terminate this lease and all rights of tenant hereunder by giving written notice to tenant of such intention to terminate. in the event of any default by tenant, landlord shall also have the right, with or without terminating this lease, in compliance with applicable law, to re-enter the premises, by force if necessary, and remove all persons and property from the premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of tenant. if any alteration installed by tenant or any of tenant’s property pursuant to paragraph 12 is assessed and taxed with the project or building, tenant shall pay such taxes to landlord within ten (10) days after delivery to tenant of a statement therefor.