Common use of Demised Premises and Term Clause in Contracts

Demised Premises and Term. (a) In consideration of the rents and additional rents hereinafter reserved and all of the provisions, agreements, covenants and conditions hereinafter contained, Landlord hereby leases and demises to Tenant, and Tenant hereby hires, leases and takes from Landlord approximately 18,000 square feet of floor space ("Floor Space"), being the entire Building, more particularly indicated and described by cross-hatching on the Plot Plan (the Building being hereinafter referred to as the "Demised Premises") located on Lot No. 3/1 in the Center located in the BOROUGH OF SHREWSBURY, COUNTY OF MONMOUTH and STATE OF NEW JERSEY, together with all improvements to be constructed thereon by the Landlord for the use of the Tenant, and all easements, tenements and appurtenances thereto, including without limitation, and the use of the parking spaces outlined in red on Exhibit A which shall be reserved for use by Tenant (the aforesaid parking spaces and the drive aisles between said spaces are hereinafter referred to as "Tenant's Parking Area"), it being understood that Landlord shall not be responsible for enforcing the exclusivity of the parking space except with respect to Landlord's employees, agents and contractors, provided, however, that Landlord shall place and maintain signs and/or other markings designating such spaces (as Landlord shall determine as appropriate in Landlord's reasonable discretion) as Tenant's exclusive spaces and shall fully cooperate with Tenant in Tenant's efforts to enforce the exclusivity of such spaces. (b) The parties acknowledge that the Landlord may, at Landlord's sole option, erect and has erected other buildings on Lot No. 3/1 (which may be different in design and construction from the Building). Landlord shall have sole control and discretion in connection with the scope, design and aesthetics of any such additional construction. (c) The Demised Premises are demised and let subject to (i) the existing state of the title thereof; (ii) any state of facts which an accurate survey or physical inspection thereof might disclose; (iii) all zoning regulations, restrictions, rules and ordinances now in effect or hereafter adopted by any governmental authority having jurisdiction; and (iv) any utility, sewer or drainage easements or agreements and the installations made pursuant thereto now existing or hereafter granted or installed; all without representation or warranty by Landlord, except as expressly set forth herein. Section 1.02. As long as Tenant occupies the Demised Premises, Tenant, together with its employees, customers, invitees and business guests, shall have the right to use, in common with Landlord, its successors, assigns, tenants, subtenants, designees, concessionaires, licensees and any of their customers, invitees, and business guests, all of the Common Areas (as such term is defined in Section 12.01 hereof) at any time and from time to time existing within Lot No. 3/1, except for areas reserved for the exclusive use of other tenants, occupants, or designees and except for periods of time during which the Common Areas are being repaired, altered or reconstructed. Neither Landlord nor Tenant nor anyone holding under or through either of them shall make any charge for the use of the Common Areas to the other or to the customers, invitees or business guests of Landlord or Tenant or of anyone else hereinbefore granted the right to use the Common Areas, except as provided in Article 12 of this Lease. Section 1.03. The term ("Term") of this Lease shall be TEN (10) YEARS AND ONE (1) MONTH from and after the commencement date ("Commencement Date"), which date shall be the date upon which the Demised Premises shall be duly certified by Landlord or Landlord's agent as being substantially complete in accordance with the Plans and Specifications, except for those items, the completion of which will not unreasonably interfere with Tenant's use and occupancy of the Demised Premises, and Landlord has delivered to Tenant a Certificate of Occupancy or its equivalent evidencing that the Demised Premises may be occupied for uses set forth in Section 2.01, and shall expire on the date which is TEN (10) YEARS AND ONE (1) MONTH following the last day of the calendar month in which said Commencement Date shall occur ("Expiration Date"). Section 1.04. The parties shall, within ten (10) days following request of the other, execute a written document, in recordable form, expressing the Commencement Date and Expiration Date of the Term hereof, as such have been determined in accordance with the provisions of this Lease.

Demised Premises and Term. (a) In consideration of the rents and additional rents hereinafter reserved and all of the provisions, agreements, covenants and conditions hereinafter contained, Landlord hereby leases and demises to Tenant, and Tenant hereby hires, leases and takes from Landlord approximately 18,000 21,104 square feet of floor space ("“Floor Space"”) in the Building and loading dock facilities (“Loading Dock”), being the entire Building, more particularly indicated and described by cross-hatching on the Plot Plan (the Building Floor Space and Loading Dock being hereinafter collectively referred to as the "“Demised Premises"”) located on Lot No. 3/1 47.07 in the Center located in the BOROUGH OF SHREWSBURYSOUTH PLAINFIELD, COUNTY OF MONMOUTH MIDDLESEX and STATE OF NEW JERSEY, together with all improvements to be constructed thereon by the Landlord for the use of the Tenant, and all easements, tenements and appurtenances thereto, including without limitation, and the use of the parking spaces outlined in red on Exhibit A which shall be reserved for use by Tenant (the aforesaid parking spaces and the drive aisles between said spaces are hereinafter referred to as "Tenant's Parking Area"), it being understood that Landlord shall not be responsible for enforcing the exclusivity of the parking space except with respect to Landlord's employees, agents and contractors, provided, however, that Landlord shall place and maintain signs and/or other markings designating such spaces (as Landlord shall determine as appropriate in Landlord's reasonable discretion) as Tenant's exclusive spaces and shall fully cooperate with Tenant in Tenant's efforts to enforce the exclusivity of such spaces. (b) The parties acknowledge that the Landlord may, at Landlord's sole option, intends to erect and or has erected other buildings on Lot No. 3/1 47.07 (which may be different in design and construction from the Building)) which buildings may be constructed at the sole option of Landlord. Landlord shall have sole control and discretion in connection with the scope, design and aesthetics of any such additional construction. (c) The Demised Premises are demised and let subject to (i) the existing state of the title thereof; (ii) any state of facts which an accurate survey or physical inspection thereof might disclose; (iii) all zoning regulations, restrictions, rules and ordinances now in effect or hereafter adopted by any governmental authority having jurisdiction; and (iv) any utility, sewer or drainage easements or agreements and the installations made pursuant thereto now existing or hereafter granted or installed; all without representation or warranty by Landlord, except as expressly set forth herein. Section 1.02. As long as Tenant occupies the Demised Premises, Tenant, together with its /s/ [ILLEGIBLE] T /s/ [ILLEGIBLE] LL employees, customers, invitees and business guests, shall have the right to use, in common with Landlord, its successors, assigns, tenants, subtenants, designees, concessionaires, licensees and any of their customers, invitees, and business guests, all of the Common Areas (as such term is defined in Section 12.01 hereof) at any time and from time to time existing within Lot No. 3/147.07, except for areas reserved for the exclusive use of other tenants, occupants, or designees and except for periods of time during which the Common Areas are being repaired, altered or reconstructed, provided that if any such repairs, alterations or reconstruction shall prohibit reasonable access to the Demised Premises, Landlord shall provide a reasonable substitute means of access to the Demised Premises for so long as such repairs, alterations or reconstruction prohibits use of all then existing means of access to the Demised Premises. Neither Landlord nor Tenant nor anyone holding under or through either of them shall make any charge for the use of the Common Areas to the other or to the employees, customers, invitees or business guests of Landlord or Tenant or of anyone else hereinbefore granted the right to use the Common Areas, except as provided in Article 12 of this Lease. Landlord agrees that so long as the office space to non-office space ratio within the buildings located on Lot 47.07 shall remain as it is as of the date hereof, Landlord shall maintain on Lot 47.07 a parking ratio of at least 4 spaces per 1,000 square feet of office space within the buildings located on Lot 47.07. Section 1.03. The term ("“Term"”) of this Lease shall be TEN approximately FIVE (105) YEARS AND ONE (1) MONTH years from and after the commencement date ("“Commencement Date"”), which date shall be be: (a) the date upon which the Demised Premises shall be duly certified are first occupied by Tenant for the conduct of Tenant’s trade and business, or (b) five (5) business days after Tenant has been given written notice from Landlord or Landlord's ’s agent indicating that Landlord’s Work (as being hereinafter defined) is substantially complete in accordance with the Plans and Specificationscomplete, except for those items, the completion of which will not unreasonably interfere with Tenant's ’s use and occupancy of the Demised PremisesPremises as provided herein, and Landlord has delivered to Tenant a Certificate of Occupancy or its equivalent evidencing that the Demised Premises may be occupied for uses set forth in Section 2.01whichever date shall first occur, and shall expire on the date (“Expiration Date”) which is TEN the FIFTH (105th) YEARS AND ONE (1) MONTH following anniversary of the last day of the calendar month in which said Commencement Date shall occur occur, unless sooner terminated pursuant to the terms hereof. The term “substantially complete” as used herein shall mean ("Expiration Date"a) the Demised Premises (including without limitation, entranceways, electrical, mechanical and HVAC systems) are in compliance with all applicable laws (including without limitation, the Americans with Disabilities Act of 1990) and all the building systems are operational to the extent necessary to provide service to the Demised Premises, and (b) there exists unobstructed access to the Demised Premises (excluding any non-compliance, non-operation or obstruction caused by Tenant or any of its agents, contractors, servants or employees). Section 1.04. The parties shall, within ten (10) days following request of the other, execute a written document, in recordable form, expressing the Commencement Date and Expiration Date of the Term hereof, as such have been determined in accordance with the provisions of this Lease.

Demised Premises and Term. (a) In consideration of the rents and additional rents hereinafter reserved and all of the provisions, agreements, covenants and conditions hereinafter contained, Landlord hereby leases and demises to Tenant, and Tenant hereby hires, leases and takes from Landlord approximately 18,000 5,112 square feet of floor space ("Floor Space") in the Building and the loading dock facilities appurtenant thereto ("Loading Dock"), being the entire Building, more particularly indicated and described by cross-hatching on the Plot Plan (the Building Floor Space and Loading Dock being hereinafter collectively referred to as the "Demised Premises") located on Lot No. 3/1 46.25 in the Center located in the BOROUGH OF SHREWSBURYof SOUTH PLAINFIELD, COUNTY OF MONMOUTH MIDDLESEX and STATE OF NEW JERSEY, together with all improvements to be constructed thereon by the Landlord for the use of the Tenant, and all easements, tenements and appurtenances thereto, including without limitation, and the use of the parking spaces outlined in red on Exhibit A which shall be reserved for use by Tenant (the aforesaid parking spaces and the drive aisles between said spaces are hereinafter referred to as "Tenant's Parking Area"), it being understood that Landlord shall not be responsible for enforcing the exclusivity of the parking space except with respect to Landlord's employees, agents and contractors, provided, however, that Landlord shall place and maintain signs and/or other markings designating such spaces (as Landlord shall determine as appropriate in Landlord's reasonable discretion) as Tenant's exclusive spaces and shall fully cooperate with Tenant in Tenant's efforts to enforce the exclusivity of such spaces. (b) The parties acknowledge that the Landlord may, at Landlord's sole option, intends to erect and or has erected other buildings on Lot NoNos. 3/1 46.24 and 46.25 (which may be different in design and construction from the Building)) which buildings may be constructed at the sole option of Landlord. Landlord shall have sole control and discretion in connection with the scope, design and aesthetics of any such additional construction. Landlord shall perform any such additional construction in a manner so as to minimize interference with Tenant's use of the Demised Premises for the purposes set forth in Section 2.01 hereof, provided that in no event shall Landlord be required to use overtime or premium pay labor. If any such additional construction prevents Tenant from using the Demised Premises for the purposes set forth in Section 2.01 hereof for three (3) consecutive days, then all annual minimum rent and all additional rent payable pursuant to Section 7.03, Article 12 and Article 14 shall ▇▇▇▇▇ from the day such additional construction prevented Tenant from using the Demised Premises for the purposes set forth in Section 2.01 hereof to the day on which such additional construction no longer prevents Tenant from using the Demised Premises for the purposes set forth in Section 2.01 hereof. (c) The Demised Premises are demised and let subject to (i) the existing state of the title thereof; (ii) any state of facts which an accurate survey or physical inspection thereof might disclose; (iii) all zoning regulations, restrictions, rules and ordinances now in effect or hereafter adopted by any governmental authority having jurisdiction; and (iv) any utility, sewer or drainage easements or agreements and the installations made pursuant thereto now existing or hereafter granted or installed; all without representation or warranty by Landlord, except as expressly set forth herein. Landlord represents that to its knowledge, as of the date hereof, none of the foregoing will prohibit the use of the Demised Premises for the purposes set forth in Section 2.01 hereof. Section 1.02. As long as Tenant occupies the Demised Premises, Tenant, together with its employees, customers, invitees and business guests, shall have the right to use, in common with Landlord, its successors, assigns, tenants, subtenants, designees, concessionaires, licensees and any of their customers, invitees, and business guests, all of the Common Areas (as such term is defined in Section 12.01 hereof) at any time and from time to time existing within Lot NoNos. 3/146.24 and 46.25, except for areas reserved for the exclusive use of other tenants, occupants, or designees and except for periods of time during which the Common Areas are being repaired, altered or reconstructed. Neither Landlord nor Tenant nor anyone holding under or through either of them shall make any charge for the use of the Common Areas to the other or to the customers, invitees or business guests of Landlord or Tenant or of anyone else hereinbefore granted the right to use the Common Areas, except as provided in Article 12 of this Lease. Section 1.03. The term ("Term") of this Lease shall be TEN FOUR (104) YEARS AND ONE (1) MONTH years from and after the commencement date ("Commencement Date"), which date shall be be: (a) the date upon which the Demised Premises are first occupied by Tenant and Tenant is actually conducting business in the Demised Premises, or (b) thirty (30) days following the date upon which Landlord's Work (as hereinafter defined) shall be duly certified by Landlord or Landlord's agent as being substantially complete in accordance with the Plans and Specificationscomplete, except for those items, the completion of which will not unreasonably or materially interfere with Tenant's use and occupancy of the Demised PremisesPremises as provided herein, and Landlord has delivered to Tenant a Certificate of Occupancy or its equivalent evidencing that the Demised Premises may be occupied for uses set forth in Section 2.01whichever date shall first occur, and shall expire on the date which is TEN the FOUR (104) YEARS AND ONE (1) MONTH following year anniversary of the last day of the calendar month in which said Commencement Date shall occur ("Expiration Date"). Section 1.04. The parties shall, within ten (10) days following request of the other, execute a written document, in recordable form, expressing the Commencement Date and Expiration Date of the Term hereof, as such have been determined in accordance with the provisions of this Lease. Section 1.05. The term "Lease Year" is defined to mean twelve (12) consecutive calendar months; the first Lease Year to commence on the first day of the immediately succeeding calendar month following the Commencement Date and each succeeding Lease Year to commence on the anniversary date of the commencement of the first Lease Year. The portion of the Term prior to the first Lease Year shall be deemed a "Partial Lease Year" and any obligations of Tenant for such Partial Lease Year shall be prorated on a per diem basis.