EXHIBIT 10.7.3
COMMERCIAL LEASE
A140-10
R140-04
THIS LEASE is between ▇▇▇▇▇ Tu, of WOODCOTTON MANAGEMENT, INC., herein called
Lessor, and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, of SYBARI SOFTWARE INC., herein called Lessee.
Lessee hereby offers to lease from Lessor the premises situated in the City of
E. Northport, County of Suffolk, State of N.Y., described as ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇.,
upon the following TERMS and CONDITIONS:
1. TERM AND RENT. Lessor demises the above premises for a term of Three years,
commencing Jan, 1, 2002, and terminating on Dec, 31, 2004, or sooner as provided
herein at the annual rental of $28,200.00 Dollars ($2,350 per Month), payable in
equal installments in advance on the first day of each month for that month's
rental, during the term of this lease. All rental payments shall be made to
Lessor, at the address specified above.
2. USE. Lessee shall use and occupy the premises for Computer Software Company.
The premises shall be used for no other purpose. Lessor represents that the
premises may lawfully be used for such purpose.
3. CARE AND MAINTENANCE OF PREMISES. Lessee acknowledges that the premises are
in good order and repair, unless otherwise indicated herein. Lessee shall, at
his own expense and at all times, maintain the premises in good and safe
condition, including plate glass, electrical wiring, plumbing and heating
installations and any other system or equipment upon the premises and shall
surrender the same, at termination hereof, in as good condition as received,
normal wear and tear excepted. Lessee shall be responsible for all repairs
required, excepting the roof, exterior walls, structural foundations, and:
, which shall
be maintained by Lessor. Lessee shall also maintain in good condition such
portions adjacent to the premises, such as sidewalks, driveways, lawns and
shrubbery, which would otherwise be required to be maintained by Lessor.
4. ALTERATIONS. Lessee shall not, without first obtaining the written consent of
Lessor, make any alterations, additions, or improvements, in, to or about the
premises.
5. ORDINANCES AND STATUTES. Lessee shall comply with all statutes, ordinances
and requirements of all municipal, state and federal authorities now in force,
or which may hereafter be in force, pertaining to the premises, occasioned by
or affecting the use thereof by Lessee.
6. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this lease or sublet any
portion of the premises without prior written consent of the Lessor, which shall
not be unreasonably withheld. Any such assignment or subletting without consent
shall be void and, at the option of the Lessor, may terminate this lease.
7. UTILITIES. All applications and connections for necessary utility services
on the demised premises shall be made in the name of Lessee only, and Lessee
shall be solely liable for utility charges as they become due, including those
for sewer, water, gas electricity, and telephone services.
8. ENTRY AND INSPECTION. Lessee shall permit Lessor or Lessor's agents to enter
upon the premises at reasonable times and upon reasonable notice, for the
purpose of inspecting the same, and will permit Lessor at any time within sixty
(60) days prior to the expiration of this lease, to place upon the premises any
usual "To Let" or "For Lease" signs, and permit persons desiring to lease the
same to inspect the premises thereafter.
9. POSSESSION. If Lessor is unable to deliver possession of the premises at
the commencement hereof, Lessor shall not be liable for any damage caused
thereby, nor shall this lease be void or voidable, but Lessee shall not be
liable for any rent until possession is delivered. Lessee may terminate this
lease if possession is not delivered within days of the commencement of
the term hereof.
10. INDEMNIFICATION OF LESSOR: Lessor shall not be liable for any damage or
injury to Lessee, or any other person, or to any property, occurring on the
demised premises or any part thereof, and Lessee agrees to hold Lessor harmless
from any claims for damages, no matter how caused.
11. INSURANCE. Lessee, at his expense, shall maintain plate glass and public
liability insurance including bodily injury and property damage insuring Lessee
and Lessor with minimum coverage as follows:
Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as
additional insured. The Certificate shall provide for a ten-day written notice
to Lessor in the event of cancellation or material change of coverage. To the
maximum extent permitted by insurance policies which may be owned by Lessor or
Lessee, Lessee and Lessor, for the benefit of each other, waive any and all
rights of subrogation which might otherwise exist.
12. EMINENT DOMAIN. If the premises or any part thereof or any estate therein,
or any other part of the building materially affecting Lessee's use of the
premises, shall be taken by eminent domain, this lease shall terminate on the
date when title vests pursuant to such taking. The rent, and any additional
rent, shall be apportioned as of the termination date, and any rent paid for
any period beyond that date shall be repaid to Lessee. Lessee shall not be
entitled to any part of the award for such taking or any payment in lieu
thereof, but Lessee may file a claim for any taking of fixtures and
improvements owned by Lessee, and for moving expenses.
13. DESTRUCTION OF PREMISES. In the event of a partial destruction of the
premises during the term hereof, from any cause, Lessor shall forthwith repair
the same, provided that such repairs can be made within sixty (60) days under
existing governmental laws and regulations, but such partial destruction shall
not terminate this lease, except that Lessee shall be entitled to a
proportionate reduction of rent while such repairs are being made, based upon
the extent to which the making of such repairs shall interfere with the
business of Lessee on the premises. If such repairs cannot be made within said
sixty (60) days, Lessor, at his option, may make the same within a reasonable
time, this lease continuing in effect with the rent proportionately abated as
aforesaid, and in the event that Lessor shall not elect to make such repairs
which cannot be made within sixty (60) days, this lease may be terminated at
the option of either party. In the event that the building in which the demised
premises may be situated is destroyed to an extent of not less than one-third
of the replacement costs thereof, Lessor may elect to terminate this lease
whether the demised premises be injured or not. A total destruction of the
building in which the premises may be situated shall terminate this lease.
14. LESSOR'S REMEDIES ON DEFAULT. If Lessee defaults in the payment of rent, or
any additional rent, or defaults in the performance of any of the other
covenants or conditions hereof, Lessor may give Lessee notice of such default
and if Lessee does not cure any such default within -10- days, after the giving
of such notice (or if such other default is of such nature that it cannot be
completely cured within such period, if Lessee does not commence such curing
within such -10- days and thereafter proceed with reasonable diligence and in
good faith to cure such default), then Lessor may terminate this lease on not
less than days' notice to Lessee. On the date specified in such notice the
term of this lease shall terminate, and Lessee shall then quit and surrender
the premises to Lessor, but Lessee shall remain liable as hereinafter provided.
If this lease shall have been so terminated by Lessor, Lessor may at any time
thereafter resume possession of the premises by any lawful means and remove
Lessee or other occupants and their effects. No failure to enforce any term
shall be deemed a waiver.
15. SECURITY DEPOSIT. Lessee shall deposit with Lessor on the signing of this
lease the sum of -Forty Seven Hundred- Dollars ($4,700.00) as security for the
performance of Lessee's obligations under this lease, including without
limitation the surrender of possession of the premises to Lessor as herein
provided. If Lessor applies any part of the deposit to cure any default of
Lessee, Lessee shall on demand deposit with Lessor the amount so applied so
that Lessor shall have the full deposit on hand at all times during the term of
this lease.
16. TAX INCREASE. In the event there is any increase during any year of the
term of this lease in the City, County or State real estate taxes over and
above the amount of such taxes assessed for the tax year during which the term
of this lease commences, whether because of increased rate or valuation, Lessee
shall pay to Lessor upon presentation of paid tax bills an amount equal to
-28-% of the increase in taxes upon the land and building in which the leased
premises are situated. In the event that such taxes are assessed for a tax year
extending beyond the term of the lease, the obligation of Lessee shall be
proportionate to the portion of the lease term included in such year.
17. COMMON AREA EXPENSES. In the event the demised premises are situated in a
shopping center or in a commercial building in which there are common areas,
Lessee agrees to pay his pro-rata share of maintenance, taxes, and insurance
for the common area.
18. ATTORNEY'S FEES. In case suit should be brought for recovery of the
premises, or for any sum due hereunder, or because of any act which may arise
out of the possession of the premises, by either party, the prevailing party
shall be entitled to all costs incurred in connection with such action,
including a reasonable attorney's fee.
19. WAIVER. No failure of Lessor to enforce any term hereof shall be deemed to
be a waiver.
20. NOTICES. Any notice which either party may or is required to give, shall be
given by mailing the same, postage prepaid, to Lessee at the premises, or
Lessor at the address specified above, or at such other places as may be
designated by the parties from time to time.
21. HEIRS, ASSIGNS, SUCCESSORS. This lease is binding upon and inures to the
benefit of the heirs, assigns and successors in interest to the parties.
22. OPTION TO RENEW. Provided that Lessee is not in default in the performance
of this lease, Lessee shall have the option to renew the lease for an additional
term of 36 months commencing at the expiration of the initial lease term. All of
the terms and conditions of the lease shall apply during the renewal term except
that the monthly rent shall be increased 8% per annum. The option shall be
exercised by written notice given to Lessor not less than -Ninety- days prior to
the expiration of the initial lease term. If notice is not given in the manner
provided herein within the time specified, this option shall expire.
23. SUBORDINATION. This lease is and shall be subordinated to all existing and
future liens and encumbrances against the property.
24. RADON GAS DISCLOSURE. As required by law, (Landlord)(Seller) makes the
following disclosure: "Radon Gas" is a naturally occurring radioactive gas
that, when it has accumulated in a building in sufficient quantities, may
present health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in buildings
in . Additional information regarding radon and radon testing may be
obtained from your county public health unit.
25. ENTIRE AGREEMENT. The foregoing constitutes the entire agreement between
the parties and may be modified only by a writing signed by both parties. The
following Exhibits, if any, have been made a part of this lease before the
parties' execution hereof:
Signed this 9th day of November Sybari Software Inc.
By: /s/ ▇▇▇▇▇ Tu Lessor By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Lessee
------------------------- -------------------------
(C) E-Z LEGAL FORMS. Before you use this form, read it, fill in all blanks, and
make whatever changes are necessary to your particular transaction. Consult a
lawyer if you doubt the form's fitness for your purpose and use. E-Z Legal
Forms and the retailer make no representation or warranty, express or implied,
with respect to the merchantability of this form for an intended use or purpose.
(Revised 1/97)
RIDER ATTACHED TO AND BECOMING PART OF A LEASE
between
WOODCOTTON MANAGEMENT
AS LANDLORD
Sybari Software Inc.
AS TENANT
Premises:
▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇
▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇
26. Following Preprinted Form
If there are any inconsistencies between the preprinted portion of
this Lease and the Rider, the Rider shall prevail.
27. Zoning
Tenant acknowledges that he has researched the zoning and that this
contemplated use is a permitted use thereof. Tenant acknowledges that he
has obtained all necessary permits and approvals to utilize the leased
premises.
28. Sign
The tenant may, subject to the landlord's prior written approval,
which shall not be unreasonably withheld, erect an outdoor sign on the
premises to advertise the tenant's business. Any such sign must be in
compliance with law and with the rules and regulations of all governmental
authorities having jurisdiction. Tenant will obtain and pay for all permits
required by the sign. At the expiration, or prior termination of the lease
in accordance with its terms, upon notice from the landlord, the tenant
shall remove the sign and repair all damage at landlord's request. Landlord
shall have the right to remove the sign and charge tenant for the cost.
29. The rental for the leased term shall be as follows: Three Year lease
$28,200.00 per annum or $2,350.00 per month, commencing Jan, 01, 2002 and
ending Dec, 31, 2004. ALL RENT IS DUE AND PAYABLE ON THE FIRST OF THE
MONTH. THE RENT SHALL BE PAID IN UNITED STATES DOLLARS.
30. Late Charge
There shall be due the landlord, as additional rent, a sum equal to
seven (7%) percent of any rent or additional rent payment not made within 10
days of the date which it is due. Nothing herein contained shall be deemed to
condone or authorize late payment or rent.
Any check remitted to the landlord that fails to "clear" in the
banking process for any reason whatsoever, except provable bank error, will
cause a $25.00 service charge to be added to tenant's account as additional
rent and, on the third (3rd) such default, will cause all rent to accelerate,
causing the entire year's rent to be presently due and payable.
31. Partial Invalidity
If any provision of this Lease or application thereof to any person or
circumstances shall to any extent be invalid, the remainder of this Lease or
the application of such provision to persons or circumstances other than those
as to which it is held invalid, shall not be affected thereby and each
provision of this Lease shall be valid and enforced to the fullest extent
permitted by law.
32. Construction of Terms
It is recognized by the parties to this Lease that the terms "Owner"
and "Landlord" are used interchangeably. Owner, meaning landlord and landlord
meaning owner.
33. Maintenance and Repairs
The tenant shall take good care of the premises and shall not obstruct
or encumber the sidewalk adjacent to the premises nor allow the same to be
obstructed or encumbered in any manner. Tenant shall make minor repairs to the
demised premises of every kind, nature and description.
34. Insurance
The tenant, through the terms of this Lease, shall, at its own, cost
and expense, maintain and pay for insurance as follows:
a) Plate class insurance with certificate for the benefit of the
landlord.
b) General liability insurance protecting the landlord against any
and all liability occasioned by accident or disaster to any person
or persons whosoever in the amount of $1,000,000.00 and property
damage in the amount of $1,000,000.00. Said liability policies
shall cover the entire building and premises as well as the signs
and sidewalks, steps, covering the landlord and tenant, as
35. Utilities
Tenant shall be responsible for payment of their proportionate share of
any increase in utility costs over the base year of this lease. The
landlord renders a statement at the end of the year showing increase over prior
year. Tenants proportionate share shall then be due and payable. If at any time
in the future the utilities are separated so that they can be individually
metered for the demised premises then the tenant shall pay for its own utilities
as billed.
36. Sublet and Assignment
The tenant may not sublet the premises or any part thereof without the
express written permission of the landlord, which permission shall not be
unreasonably withheld, provided the following conditions precedent are met:
a) Such request to sublet or assign shall be in writing setting
forth the following:
1) The names and addresses of the principals of the
proposed assignment;
2) The background and experience of the proposed
assignee with respect to the use set forth in this
Lease;
3) Evidence of financial responsibility including such
financial statements as landlord may require; and
4) If use differs from use provided for in the Lease,
then landlord must approve the sub-tenant's use.
All of the foregoing are required so that landlord may be in a position to
determine whether or not the requested consent should be given, it being the
intention of the landlord that the proposed assignee shall conduct business on a
quality standard similar to the standards of the tenant.
b) Each assignment or sublease of this Lease shall be accompanied
by an agreement in writing, executed by the assignee or
sublessee, for the benefit of the landlord, wherein the
assignee or sublessee shall assume all the duties and
obligations of the tenant herein. In the event said subtenant
or assignee is a corporation or partnership, the principals of
said entity shall execute a personal guarantee of the terms of
the Lease.
c) Said agreement executed by the assignee or sublessee shall be
deposited with the landlord with five (5) days of the making
of the assignment or sublease.
d) Assignment or sublease of this Lease agreement shall in no way
operate to release the assignor or sublessor from the
obligation of the tenant herein.
its interest may appear, but otherwise in the form herein
above provided, shall be deemed a compliance with the
provision of its covenant as acceptable to the landlord.
c) Workmens' compensation insurance and/or such other similar
insurance as may be required by the law.
d) That if, at any time, the tenant shall fail or omit to obtain,
procure or deliver any such policy, or policies, or a
certificate of renewal, the landlord may obtain and procure
the same and pay the premium to be paid thereon, and the
amount of said premium, together with the interest thereon
computed at the rate of eight (8%) percent from the date of
payment, shall be considered as additional rent hereunder, and
shall be payable with, and as a part of, the next installment
of fixed rental thereafter accruing.
e) For the first and last years of the term hereby demised all
insurance premiums on existing policies shall be apportioned
between the landlord and the tenant according to the part of
each calendar year during which the tenant shall have
possession of the demised premises under this Lease.
f) The tenant shall not violate or permit to be violated any
condition of said policies of insurance and shall so perform
and satisfy the requirements of the various companies writing
such policies that at all times companies of good standing
satisfactory to the landlord shall be willing to write said
insurance.
g) All policies shall contain a provision that cancellation
thereof shall not be effective unless written notice thereof
is first given to both landlord and tenant.
37. Taxes
Tenant shall pay to the Landlord his proportionate share of any
increase in Real Estate Taxes levied against the property. The tenant will be
billed his proportionate share of any increase over the base year taxes for -
2001 - The base year taxes are -$16,211.03. A copy of the Landlord's tax ▇▇▇▇ is
sufficient proof of amount of current taxes due. The amount billed by the
Landlord be additional rent and shall be due within 10 days of Landlord's
billing.
38. Mechanic's Lien
Any mechanic's lien filed against the demised premises or the buildings
of which same form a part for work, claimed to be done for or materials claims
to have been furnished to the tenant shall be discharged by the tenant within
thirty (30) days thereafter at the tenant's expense by filing of the bond
required by law.
Nothing herein contained shall be construed as granting to the tenant permission
to have liens placed against the premises.
39. Fixtures
It is covenanted and agreed that all buildings, improvements and
fixtures, except trade fixtures and lighting fixtures and personal property of
the tenant, be situation on the demised premises or hereafter placed thereon,
shall become the property of the landlord. It is understood that the tenant may
remove trade and lighting fixtures so long as the premises are restored by the
tenant to its original condition.
40. Abatement
No diminution or abatement or rent or other compensation shall be
claimed or allowed for inconvenience or discomfort arising from the making of
additions, repairs or improvements to the building or to its equipment and
fixtures, nor for any space taken to comply with any law, ordinance or order of
a governmental authority except if said repairs being made by landlord precludes
tenant from utilizing the demised premises. If tenant is precluded from using
the premises then the rent shall be abated during that time.
41. Applicable Law and Construction
The laws of the State of New York shall govern the validity,
performance and enforcement of this Lease. The invalidity or enforceability of
any provision of this Lease shall not affect or impair any other provision. The
submission of this document to tenant for examination does not constitute an
offer to lease, or a reservation of or option to lease, and becomes effective
only upon execution and delivery thereof. All representations and understandings
between the parties are incorporated in this Lease. Landlord or landlord's
agents have made no representations or promises with respect to the building or
the premises except as herein expressly set forth. The headings of the several
articles and sections contained herein are for convenience only and do not
define, limit or construe the contents of such articles or sections. Whenever
herein the singular number is used, the same shall include the plural, and the
neuter gender shall include the masculine and feminine genders. Neither this
Lease nor any provision hereof may be changed, waived, discharged or terminated
orally, but only by an instrument in writing signed by the party against whom
enforcement of the change, waiver, discharge or termination is sought.
42. Utility Easement
This Lease is subject and subordinate to any utility, gas, water and
electric light or telephone line easements now or hereafter granted, affecting
the premises, the building or the land upon which they are located.
43. Notices
All notices to be given hereunder shall be in writing by certified or
registered mail addressed to either of the parties at the address hereinabove
given or at any other subsequent mailing address they may indicate or notice.
Any notice given hereunder by mail shall be deemed delivered when posted in a
United States general or branch post office, addressed as above provided.
44. Default
a) If tenant shall fail to pay any installment or rent, or any
additional rent or other charges as and when the same are
required to be paid hereunder, or if tenant defaults in
fulfilling any of the other covenants of this Lease and such
default shall continue for a period often (10) days after
notice, or if the premises become deserted, or if the said
default or omission complained of shall be of such a nature
that the same cannot be completely cured or remedied within
said then (10) day period, and if tenant shall not have
diligently commenced curing such default within such ten (10)
day period, and shall not thereafter with reasonable diligence
and in good faith proceed to remedy or cure such default,
then, in any one or more of such events, landlord may serve a
written three (3) day notice of cancellation of this Lease
upon tenant, and upon the expiration of said three (3) days
notice whereupon this Lease and the term thereunder shall end
and expire as fully and completely as if the date of
expiration of such three (3) day period were the day hereon
definitely fixed for the end and expiration of this Lease; and
the term thereof, and tenant shall then quit and surrender the
premises to landlord but tenant shall remain liable as
hereinafter provided. If tenant shall default in the timely
payment of any item of rent and such default shall continue or
be repeated for four consecutive months or for a total of four
months in any period of twelve months, or in the performance
of any particular term, condition or covenant of this Lease
more than six times in any period of twelve (12) months, then,
notwithstanding that such defaults shall have been cured
within the period after notice, if any, as provided in this
Lease.
b) If (i) The notice provided for in subparagraph (a) above shall
have been given, and the terms shall expire as aforesaid; or
(ii) if any execution or attachment shall be issued against
tenant or any of tenant's property whereupon the premises
shall be taken or occupied or attempted to be taken or
occupied by someone other than tenant; then, and in any of
such event, landlord may, without notice, re-enter the
premises either by force or otherwise, dispossess tenant by
summary proceedings otherwise; and the legal representative
of tenant or
other occupant of the premises and remove their effects and
hold the premises as if this Lease had not been made and
tenant hereby waives the service of notice of intention to
re-enter or to institute legal proceedings to that end.
45. Damages
a) If this Lease and the demised term shall expire and come to an
end by or under any summary proceeding, or any other action or
proceeding or if landlord shall re-enter the demised premises,
by or under any summary proceedings or any other action or
proceeding, then, in any of said events:
(i) Tenant shall pay to landlord all rent, additional
rent and other charges payable under this Lease by
tenant to landlord to the date upon which this Lease
and the demised term shall have expired and come to
an end or to the date of re-entry upon the demised
premises by landlord, as the case may be; and
(ii) Tenant shall also be liable for and shall pay to
landlord, as damages, any deficiency (referred to as
"Deficiency") between the rent and additional rent
reserved in this Lease for the period which otherwise
would have constituted the unexpired portion of the
demised terms and the net amount, if any, of rents
collected under any reletting effected or any part of
such period (first deducting from the rents collected
under any such reletting of all landlord's expenses
in connection with the termination of this Lease or
landlord's re-entry upon the demised premises and
with such reletting including, but not limited to,
all repossession costs, brokerage commissions, legal
expenses, attorney's fees, alteration costs and other
expenses of preparing shall be paid in monthly
installments by tenant on the days specified in this
Lease for payment of installments of rent. Landlord
shall be entitled to recover from tenant each monthly
deficiency as the same shall arise, and no suit to
collect the amount of the deficiency for any month
shall prejudice landlord's rights to collect the
deficiency for any subsequent month by a similar
proceeding; and
(iii) At any time after the demised term shall have expired
and come to an end or landlord shall have re-entered
upon the demised premises, as the case may be,
whether or not landlord shall have collected any
monthly deficiencies as aforesaid, landlord shall be
entitled to recover from tenant, and tenant shall pay
to landlord, on demand, as and for
liquidated and agreed final damages, a sum equal to the amount by
which the rent and additional rent reserved in this Lease for the
period of the demised term, or any part thereof, the amount of
rent reserved upon such reletting shall be deemed, prima facie,
to be the fair and reasonable rental value for the part or the
whole of demised premises so relet during the term of the
reletting.
b) If the demised premises, or any part thereof, shall be relet together with
other space in the building, the rents collected or reserved under any such
reletting and the expenses of any such reletting shall be equitably
apportioned for the purposes of this article. Tenant shall in no event be
entitled to any rents collected or payable under any reletting, whether or
not such rents shall exceed the rent reserved in this Lease. Solely for the
purposes of this Article, the term "rent" shall mean the rent in effect
immediately prior to the date upon which this Lease and the demised term
shall have expired and come to an end, or the date of re-entry upon the
demised premises by landlord, as the case may be, plus any additional rent
payable immediately preceding such event. Nothing contained in this Lease
shall be deemed to limit or preclude the recovery by landlord from tenant
of the maximum amount allowed to be obtained as damages by any statute or
rule of law, or of any sums or damages to which landlord may be entitled.
46. Attorney's Fees
If tenant shall at any time be in default hereunder, and if landlord shall
institute an action or summary proceeding against tenant based upon such default
and landlord shall be successful, then tenant shall reimburse landlord for the
expenses of attorney's fees and disbursements incurred by landlord. The amount
of such expenses shall be deemed to be "additional rent" hereunder and shall be
due from tenant to landlord on the first day of the month following the
incurring of such expenses.
47. Eminent Domain
If the whole of the demised premises shall be taken or condemned by any
competent authority for any public or quasi-public use or purpose, then, and in
that event, the terms of this lease shall cease and terminate from the date when
the possession of the part so taken shall be required for such use or purpose,
and without apportionment of the award; however, the tenant shall have the right
to make a claim for fixture damage. If only a part of the demised premises shall
be taken or condemned by any component authority for any public or quasi-public
use or purpose, and such taking prevents the conduct of the tenant's business,
then, and in that event, at the opinion of the landlord or tenant, the term of
this Lease shall cease and terminate from the date when the
possession of the part so taken shall be required for such use or purposem and
without apportionment of the award. The current rental, however, shall in either
case be apportioned.
48. Environmental Damage
Tenant covenants that in additional to normal maintenance, he shall take
special care to insure that no damage be caused to the property as a result of
his use of the premises. Tenant agrees that if any environmental damage is
caused to the property as a result of tenants use, tenant will be responsible
for all cleanup costs and damages. This paragraph shall survive the termination
of this lease.
49. Tenant shall place its garbage in the dumpster at the rear of the property.
No garbage shall be left in the halls or outside the dumpster. Tenant agrees to
comply with all local recycling regulations and tenant further covenants that
ANY TOXIC WASTE OR MEDICAL WASTE SHALL NOT BE PLACED IN THE DUMPSTER BUT SHALL
BE REMOVED BY A LICENSED CONTRACTOR AT TENANTS SOLE COST.
50. Landlord is responsible for providing heat, air conditioning, electric and
water to the demised premises on business days Monday to Friday from 8 a.m. to
6 p.m.
51. Tenants security deposit of $4,700 shall be held by Landlord. Landlord
shall have no obligation to segregate security deposit or to pay interest
thereon.
52. The demised premises are deemed to be 1,600 sq feet and the tenan
proportionate share for the purpose of this lease is deemed to be -28%-.
53. Any individual executing this lease hereby warrants and covenants that they
have the authority to sign this lease and bind their respective entities.
54. The second years rent will be $2,941.00 starting Jan, 01, 2003 the third
year's rent will be $2,640.46 starting Jan, 01, 2004.
LANDLORD: WOODCOTTON MANAGEMENT TENANT: SYBARI SOFTWARE INC.
BY: BY:
/s/ ▇▇▇▇▇ Tu /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇
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