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FILED: SUFFOLK COUNTY CLERK 05/25/2022 01:51 PM INDEX NO. 608135/2016
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 05/25/2022
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EXHIBI f 1
FILED: SUFFOLK COUNTY CLERK 05/25/2022 01:51 PM INDEX NO. 608135/2016
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 05/25/2022
52. MORTGAGEE PROTECT N CLAUSE: Tenant agrees to give any
mortgage and/or trust deed holders, by registere mail, a c®py of any notice of default served
upon the Landlord, provided that prior to such notice Tenarit has been notified, in writing, (by
way of notice of assignment of rents and leases, o!otherwise) of the address of such mortgagee
and/or trust deed holders, Tenant further agrees that if Landlord shall have failed to cure such
default within the time provided for in this lease, then the mortgagees and/or trust deed holders
shall have an additional thirty (30) days within hich to cure such default or if such default
cannot be cured within that time, then such additional time as may be necessary if within such
thirty (30) days, any mortgagee and/or trust deekl holder has commenced and is diligently
pursuing the remedies necessary to cure such default.
53. PROHIBITED ACTIVITIES: Îa) Tenant hereby covenants and agrees not
to use, store or locate on the Demised Premises aey che.micals or solvents or any materials of
a flammable, combustible or dangerous nature, the storage or use of which on the Demised
Premises would (i) cause an increase in fire insurance premiums for the Landlord, or (ii) create
a nuisance or dangerous condition.
(b) The undersigned individually arrants and represents that Tenant will not
release, leak, discharge, spill, dispose or emit aný Hazardods Substances in, on, or under the
Demised Premises and that the Demised Premises shall remein free of Hazardous Substances.
Substance"
As used herein, "Hazardous means any substances which are toxic, ignitable,
reactive or corrosive and which is regulated by apy local government, the State in which the
Substance"
Demised Premises are situate, or the United States government. "Hazardous
includes any and all material or substances which a e defined as "hazardous waste", "extremely
waste"
hazardous or a "hazardous substance", pursuant to state, federal or local governmental
Substance"
law. "Hazardous includes but is not estricted to asbestos, polychlorobiphenyls
("PCB's) and petroleum.
GÛI AM M. CHOUDHURY
TOFÏUR A. CHOWDHUR
54. NOXIOUS ODORS: Tenant will,. at all times, prevent noxious or
unpleasant aromas or odors arising from or resditing from Tenant's use of the Demised
Premises from escaping or emanating outside of the confines of the Demised Premises.
55. VIBRATIONS: Tenant will, a! all times, prevent any vibrations or noise
arising from, or caused by, its machinery located, or to be located, on the Demised Premises
from disturbing Landlord.
56. LEGAL EXPENSES: In ca e suit shall be brought for recovery of
possession of the Demised Premises, for the recovpry of rent or any other amount due under
the provisions of this Lease, or because of the breach of any other covenants herein contained
on the part of Tenant to be kept or performed, and a breach shall be established, Tenant shall
pay to Landlord all expenses incurred therefor, reasonable attorney's which
including fees,
attorney's fee shall be no less than $1,000.00. All said money, legal shall be
including fees,
deemed to be additional rent herein.
57. WAIVER OF JURY TRIAL AND COUNTERCLAIMS: The parties
hereto shall and they hereby do waive trial by jury n any action, or counterclaim
proceeding
brought by either of the parties hereto against the other on matters whatsoever out
any arising
of or in any way connected with this Lease, the rela of Landlord and Tenant's
onship Tenant,
use or o ccupancy of the and/or df injury
DemisedPremises, a)1y claim or damage. In the event
Landlord commences any proceedings for non-paynfent ofrent, minimum percentage rent
rent,
or additional rent, Tenant wi not interpose any counterclaims of whatever nature or
Landlord's Initials: 16 Tenant's Initials
Preview
FILED: SUFFOLK COUNTY CLERK 05/25/2022 01:51 PM INDEX NO. 608135/2016 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 05/25/2022 - . EXHIBI f 1 FILED: SUFFOLK COUNTY CLERK 05/25/2022 01:51 PM INDEX NO. 608135/2016 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 05/25/2022 52. MORTGAGEE PROTECT N CLAUSE: Tenant agrees to give any mortgage and/or trust deed holders, by registere mail, a c®py of any notice of default served upon the Landlord, provided that prior to such notice Tenarit has been notified, in writing, (by way of notice of assignment of rents and leases, o!otherwise) of the address of such mortgagee and/or trust deed holders, Tenant further agrees that if Landlord shall have failed to cure such default within the time provided for in this lease, then the mortgagees and/or trust deed holders shall have an additional thirty (30) days within hich to cure such default or if such default cannot be cured within that time, then such additional time as may be necessary if within such thirty (30) days, any mortgagee and/or trust deekl holder has commenced and is diligently pursuing the remedies necessary to cure such default. 53. PROHIBITED ACTIVITIES: Îa) Tenant hereby covenants and agrees not to use, store or locate on the Demised Premises aey che.micals or solvents or any materials of a flammable, combustible or dangerous nature, the storage or use of which on the Demised Premises would (i) cause an increase in fire insurance premiums for the Landlord, or (ii) create a nuisance or dangerous condition. (b) The undersigned individually arrants and represents that Tenant will not release, leak, discharge, spill, dispose or emit aný Hazardods Substances in, on, or under the Demised Premises and that the Demised Premises shall remein free of Hazardous Substances. Substance" As used herein, "Hazardous means any substances which are toxic, ignitable, reactive or corrosive and which is regulated by apy local government, the State in which the Substance" Demised Premises are situate, or the United States government. "Hazardous includes any and all material or substances which a e defined as "hazardous waste", "extremely waste" hazardous or a "hazardous substance", pursuant to state, federal or local governmental Substance" law. "Hazardous includes but is not estricted to asbestos, polychlorobiphenyls ("PCB's) and petroleum. GÛI AM M. CHOUDHURY TOFÏUR A. CHOWDHUR 54. NOXIOUS ODORS: Tenant will,. at all times, prevent noxious or unpleasant aromas or odors arising from or resditing from Tenant's use of the Demised Premises from escaping or emanating outside of the confines of the Demised Premises. 55. VIBRATIONS: Tenant will, a! all times, prevent any vibrations or noise arising from, or caused by, its machinery located, or to be located, on the Demised Premises from disturbing Landlord. 56. LEGAL EXPENSES: In ca e suit shall be brought for recovery of possession of the Demised Premises, for the recovpry of rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenants herein contained on the part of Tenant to be kept or performed, and a breach shall be established, Tenant shall pay to Landlord all expenses incurred therefor, reasonable attorney's which including fees, attorney's fee shall be no less than $1,000.00. All said money, legal shall be including fees, deemed to be additional rent herein. 57. WAIVER OF JURY TRIAL AND COUNTERCLAIMS: The parties hereto shall and they hereby do waive trial by jury n any action, or counterclaim proceeding brought by either of the parties hereto against the other on matters whatsoever out any arising of or in any way connected with this Lease, the rela of Landlord and Tenant's onship Tenant, use or o ccupancy of the and/or df injury DemisedPremises, a)1y claim or damage. In the event Landlord commences any proceedings for non-paynfent ofrent, minimum percentage rent rent, or additional rent, Tenant wi not interpose any counterclaims of whatever nature or Landlord's Initials: 16 Tenant's Initials