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5A(1) Lease for 131 S. Michigan St
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5A(1) Lease for 131 S. Michigan St
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10/1/2010 9:27:26 AM
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limitation, all monthly charges allocated to common area maintenance, insw•ance, real property taxes, and utility <br />charges) and any other payments; <br />iii. Each assignee shall have submitted to Landlord a current financial statement, audited by a <br />certified public accountant, showing a net worth and working capital in amounts determined by Landlord. to be <br />sufficient to assure the future performance by such assignee of Tenant's obligations hereunder; <br />iv. Each assignee shall have submitted to Landiard, in writing, evidence satisfactory to Landlord of <br />substantial experience in operating a business similar to that offered by Tenant and pern~itted under Section 1.1 {c) of <br />this Lease ox a business otherwise requested by the Landlord and in operating said business in a space or volume <br />comparable to that contemplated under this Lease; <br />v. The business reputation of each assignee shall meet or exceed generally acceptable conmiercial <br />standards; <br />vi. The use of the Premises by each assignee shall not violate, or create any potential v7olation of, <br />applicable Laws, codes or ordinances, nor violate any other agreements affecting the Premises, Landlord or other <br />occupants in the Building; and <br />vii, Tenant shall pay Landlord the sum of One Thousand Pive Hundred Dollars ($1,500.00) as <br />reimbursement to Landlord for administrative and legal expenses incurred by Landlord in connection with any such <br />assignment. <br />(c) In the event that Tenant desires to assign this Lease, Tenant shall give notice to Landlord setting <br />forth the terms of the proposed assignment. Tenant shall advise Landlord of the name of the proposed assignee, <br />shall furnish Landlord with the information required by Landlord with respect to the proposed assignee, and <br />Landlord shall advise Tenant, within sixty (60) business days after receipt of such notice and all required <br />information from Tenant, that Landlord either consents or refuses to consent to an assigmment to the proposed <br />assignee. <br />13.2. Assi ng nient by Landlord, Landlord, at any time and from time to time, may assign its interest in <br />this Lease, and, if: (a) Landlord assigns its interest in this Lease; and (b) the assignee assumes all of the obligations <br />of Landlord under the terms and conditions of this Lease; then Landlord and its successors and assigns (other than <br />the assignee of this Lease) shall be released from any and all liability hereunder. <br />ARTICLI; XIV. <br />MISCELLANEOUS <br />14.1. Security Deposit. Contemporaneously with the execution of this Lease, Tenant shall deposit the <br />Security Deposit, as defined in Section 1-1(il, with Landlord. Landlord: (a) shall hold the Security Deposit ~~~ithout <br />Iability fo Tenant for interest; and (b) may commingle the Security Deposit with its other funds. The Security <br />Deposit, or any portion thereof, may be applied by Landlord ro cure airy default by Tenant under this Lease, without <br />prejudice to any other remedy or remedies that Landlord may have on account of such application. Upon any such <br />application by Landlord, Tenant shall pay to Landlord on demand the amount applied by Landlord to cure such <br />default so that. the Security Deposit is restored to its original amount. If Landlord conveys the Premises during the <br />Term: (A) Landlord may turn the Security Deposit over to Landlord's grantee or successor; and (B} Tenant shall <br />release Landlord from any and all liability r~dth respect to the Security Deposit. If Tenant faithfully performs its <br />obligations under the terms and conditions of this Lease, then Landlord shall return to Tenant the amount of the <br />Security Deposit not applied by Landlord to cure defaults by Tenant, without interest; within thirty (30) days after <br />the latter of: (y) the Termination Date; or (z) the date that Tenant has surrendered possession to Landlord in <br />accordance with the terms and conditions of this Lease, <br />14.2. Guaranty. This Lease shall not become effective until the execution of a personal guaranty of this <br />Lease in the form attached hereto as Exhibit F (the "Guaranty'}. Upon execution of this Lease and the Guaranty, the <br />executed Guaranty shall be attached to this Lease as Exhibit F-l. <br />
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