Preview
FILED: NEW YORK COUNTY CLERK 03/07/2024 04:09 PM INDEX NO. 651225/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/07/2024
EXHIBIT A
FILED: NEW YORK COUNTY CLERK 03/07/2024 04:09 PM INDEX NO. 651225/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/07/2024
STANDARD FORM OF STORE LEASE
The Real Estate Board of New York,Inc.
Sureement of Kease, made as of this 2nd day of June in the year 2014, between ISTA Holding Co., Inc. with offices located at do
BLDG Management Co., Inc., 417 Fifth Avenue, Suite 400, New York, New York 10016-2204 and party ofthe first part, hereinafter
collectively referred to as Owner or Landlord and Next Vanity Salon, LLC, a New York limited liability company, having a current
address of 115 East 39 Street, New York, New York 10016, party ofthe second part, hereinafter referred to as Tenant,
Witnessetb: Owner hereby leases to Tenant and Tenant hereby hires from Owner a retail store designated as Suite 300 and located on
the third (3rd)floor("demised premises" or "premises" or "Premises")ofa building with an address of36 West 34 Street, New York,
New York 10001 ("building" or "Building"), in the County of New York, the City and State of New York, for the term ("term" or
"Term")of approximately ten (10)Lease Years, as that term is hereinafter defined, to commence on the Commencement Date, as that
term is hereinafter defined, and to end on the last day of the tenth (10th) Lease Year, both dates inclusive, or until such term shall
sooner cease and expire as hereinafter provided, at an annual rental rate as set forth more specifically in Rider Clause #40, attached
hereto and a part hereof, which Tenant agrees to pay in lawful money ofthe United States which shall be legal tender in payment of all
debts and dues, public and private, at the time of payment, in equal monthly installments in advance on the first day of each month
during said term, at the office of Owner or such other place as Owner may designate, withourany set off or deduction whatsoevet,
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The parties hereto, for themselves, their heirs, distributees, executors, administrators, legal representatives, successors and assigns,
hereby covenant as follows:
Rent 1. Tenant shall pay the rent as above and as hereinafter provided.
Occupancy 2. Tenant shall use and occupy the demised premises for a hair salon including, but not limited to, beauty, hair, spa
services and beauty product sales. Tenant shall at all times conduct its business in a high grade and reputable manner,shall not violate
Article 37 hereof; and shall keep show windows and signs in a neat and clean condition.
Alterations: 3. Tenant shall make no changes in or to the own cost and expense, and shall cause the same to be covered by
demised premises of any nature without Owner's prior written the insurance provided for hereafter in Article 8. Tenant shall,
consent. Subject to the prior written consent of Owner and to the throughout the term ofthis Lease, take good care ofthe demised
provisions ofthis article, Tenant, at Tenant's expense, may make premises (including, without limitation, the storefront) and the
alterations, installations, additions or improvements which are fixtures and appurtenances therein, and at its sole cost and
non-structural and which do not affect utility services or expense make all non-structural repairs thereto as and when
plumbing and electrical lines, in or to the interior ofthe demised needed to preserve them in good working order and condition,
premises by using contractors or mechanics first approved by reasonable wear and tear, fire or -other casualty, excepted. If the
Owner. Tenant shall, before making any alterations, additions, demised premises be or become infested with vermin, Tenant
installations or improvements at its expense, obtain all permits, shall at Tenant's expense, cause the same to be exterminated
approvals and certificates required by any governmental or quasi- from time to time to the satisfaction of Owner. Except as
governmental bodies and (upon completion) certificates of final specifically provided in Article 9 or elsewhere in this Lease,
approval thereof and shall deliver promptly duplicates of all such there shall be no allowance to Tenant for the diminution ofrental
permits, approvals and certificates to Owner, and Tenant agrees value and no liability on the part of Owner by reason Of
to carry, and will cause Tenant's contractors and sub-contractors inconvenience, annoyance or injury to business arising from
to carry, such worker's compensation, commercial general Owner, Tenant or others making or failing to make any repairs,
liability, personal and property damage insurance as Owner may alterations, additions or improvements in or to any portion ofthe
require. If any mechanic's lien is filed against the demised building including the erection or operation of any crane, derrick
premises, or the building of which the same forms a part, for or sidewalk shed, or in or to the demised premises or the fixtures,
work claimed to have been done for, or materials furnished to, appurtenances or equipment thereof. It is specifically agreed that
Tenant, whether or not done pursuant to this article, the same Tenant shall not be entitled to any set off or reduction of rent by
shall be discharged by Tenant within 30 days thereafter, at reason of any failure of Owner to comply with the cOvenants of
Tenant's expense, by payment or filing a bond as permitted by this or any other article ofthis Lease. Tenant agrees that Tenant's
law. All fixtures and all paneling, partitions, railings and like sole remedy at law in such instance will be by way of an action
installations, installed in the premises at any time, either by for damages for breach of contract. The provisions ofthis Article
Tenant or by Owner on Tenant's behalf, shall, upon installation, 4 with respect to the making ofrepairs shall not apply in the case
become the property of Owner and shall remain upon and be offire or other casualty which are dealt with in Article 9 hereof.
surrendered with the demised premises unless Owner, by notice
Window Cleaning: 5. Tenant will not clean nor require, permit,
to Tenant no later than twenty days prior to the date fixed as the
suffer or allow any window in the demised premises to be
termination of this Lease, elects to relinquish Owner's rights
cleaned from the outside in violation of Section 202 of the New
thereto and to have them removed by Tenant, in which event, the
York State Labor Law or any other applicable law or Ofthe Rules
same shall be removed from the premises by Tenant prior to the
ofthe Board of Standards and Appeals, or of any other Board or
expiration of the Lease, at Tenant's expense. Nothing in this
body having or asserting jurisdiction.
article shall be construed to give Owner title to, or to prevent
Tenant's removal of trade fixtures, removable office furniture Requirements of Law,Fire Insurance: 6. Tenant, at Tenant's
and equipment, but upon removal of same from the demised sole cost and expense,shall, with respect to the demised premises
premises or upon removal of other installations as may be or any utility, no matter where located, serving only the demised
required by Owner, Tenant shall immediately and at its expense, premises, promptly comply with all present and future laws,
repair and restore the premises to the condition existing prior to orders and regulations of all state, federal, municipal and local
any such installation and repair any damage to the demised governments, departments, commissions and boards and any
premises or the building due to such removal. All property direction of any public officer pursuant to law, and all orders,
permitted or required to be removed by Tenant at the end of the rules and regulations of the New York Board of Fire
term remaining in the demised premises after Tenant's removal Underwriters or the Insurance Services Office, or any similar
shall be deemed abandoned and may, at the election of Owner, body which shall impose any violations, order or duty upon
either be retained as Owner's property or may be removed from Owner or Tenant with respect to the demised premises, and with
the premises by Owner at Tenant's expense. respect to the portion ofthe sidewalk adjacent to the premises, if
the premises are on the street level, whether or not arising out of
Repairs: 4. Owner shall maintain and repair the public portions
Tenant's use or manner of use thereof; or with respect the
of the building, both exterior and interior, except that if Owner
building if arising out of Tenant's use or manner of use of the
allows Tenant to erect on the outside of the building a sign or
premises or the building (including the use permitted under the
signs, or a hoist, lift or sidewalk elevator for the exclusive use of
Lease). Except as provided in Article 29 hereof; nothing herein
Tenant, Tenant shall maintain such exterior installations in good
shall require Tenant to make structural repairs or alterations
appearance, and shall cause the same to be operated in a good unless Tenant has by its manner of use of the demised premises
and workmanlike manner, shall make all repairs thereto or method of operation therein, violated any such laws,
necessary to keep aine in good order and condition, at Tenant's
ordinances, orders, rules, regulations or requirements with
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respect thereto. Tenant shall not do or permit any act or thing to damaged or rendered partially unusable by fire or other casualty,
be done in or to the demised premises which is contrary to law, the damages thereto shall be repaired by and at the expense of
or which will invalidate or be in conflict with public liability, fire Owner, and the rent and other items of additional rent; until such
or other policies of insurance at any time carried by or for the repair shall be substantially completed, shall be apportioned from
benefit of Owner, or which shall or might subject owner to any the day following the casualty according to the part of the
liability or responsibility to any pension, or for property damage. demised premises which is usable. (c) If the demised premises
Tenant shall pay all costs, expenses, fines, penalties or damages, are totally damaged or rendered wholly unusable by fire or other
which may be imposed upon Owner by reason of Tenant's failure casualty, then the rent and other items of additional rent as
to comply with the provisions ofthis article. If the fire insurance hereinafter expressly provided shall be proportionately paid up to
rate shall, at the beginning of the lease or at any time thereafter, the time ofthe casualty and thenceforth shall cease until the date
be higher than it otherwise would be,then Tenant shall reimburse when the demised premises shall have been repaired and restored
Owner, as additional rent hereunder, for that portion of all fire by Owner(or sooner reoccupied in part by Tenant then rent shall
insurance premiums thereafter paid by Owner which shall have be apportioned as provided in subsection (b) above), subject to
been charged because of such failure by Tenant, to comply with Owner's right to elect not to restore the same as hereinafter
the terms of this article. In any action or proceeding wherein provided. Tenant shall have the right to terminate this Lease if
Owner and Tenant are parties, a schedule or "make-up" of rate Landlord does not complete restoration and deliver the demised
for the building or the demised premises shall be conclusive premises within nine (9) months of such casualty. (d) If the
evidence of the facts therein stated and of the several items and demised premises are rendered wholly unusable or (whether or
charges in the fire insurance rate than applicable to said demised not the demised premises are damaged in whole or in part) if the
premises. building shall be so damaged that Owner shall decide to
Subordination: 7. This Lease is subject and subordinate to all demolish it or to rebuild it, then, in any of such events, owner
ground or underlying leases and to all mortgages which may now may elect to terminate this Lease by written notice to Tenant
or hereafter affect such leases or the real property of which the given within 90 days after such fire or casualty or 39 days after
demised premises are a part, and to all renewals, modifications, adjustment of the insurance claim for such fire or casualty,
consolidations, replacements, and extensions of any such whichever is sooner, specifying a date for the expiration of the
underlying leases and mortgages. This clause shall be self- lease, which date shall not be more than 60 days after the giving
operative and no further instrument of subordination shall be of such notice, and upon the date specified in such notice the
required by any ground or underlying lesser or by any term ofthis Lease shall expire as fully and completely as if such
mortgagee, affecting any lease or the real property of which the date were the date set forth above for the termination of this
demised premises are a part. In confirmation of such Lease and Tenant shall forthwith quit, surrender and vacate the
subordination, Tenant shall from time to time execute promptly demised premises without prejudice however, to Owner's rights
any certificate that Owner may request. and remedies against Tenant under the release provisions in
effect prior to such termination, and any rent owing shall be paid
Tenant's Liability Insurance Property Loss, Damage, up to such date and any payments ofrent made by Tenant which
Indemnity: 8. Owner or its agents shall not be liable for any were on account of any period subsequent to such date shall be
damage to property ofTenant or of others entrusted to employees returned to Tenant. Being reasonable, the parties shall agree on
of the building, nor for loss of, or damage to, any property of the usability of the premises per sections b, c, and d. Unless
Tenant by theft or other wise, nor for any injury or damage to Owner shall serve a termination notice as provided for herein,
persons or property resulting from any cause of whatsoever Owner shall make the repairs and restorations under the
nature, unless caused by or due to the negligence of Owner, its conditions of(b) and (c) hereof, with all reasonable.expedition
agents, servants or employees. Owner or its agents will not be subject to delays due to adjustment of insurance claims, labor
liable for any such damage caused by other tenants or persons in, troubles and causes beyond Owner's restoration by removing
upon, or about said building, or caused by operations in from the premises as promptly as reasonably possible, all of
construction of any private, public, or quasi public work. Tenant's salvageable inventory and movable equipment,
Landlord represents that the leases with other occupants of the furniture, and other property. Tenant's liability for rent shall
Building require said occupants to carry commercial liability resume thirty (30) days after written notice from owner that the
insurance of the type similar to that required of Tenant demised premises are substantially ready for Tenant's
hereunder. Tenant agrees, at Tenant's sole cost and expense, to occupancy. (e) Nothing contained hereinabove shall relieve
maintain commercial general liability insurance in standard form Tenant from liability that may exist as a result of damage from
in favor of Owner and Tenant against claims for bodily injury or fire or other casualty. Notwithstanding anything contained to the
death or property damage occurring in or upon the demised contrary in subdivisions (a) through (e) hereof, including
premises, effective from the date Tenant enters into possession of Owner's obligation to restore under subparagraph (b) above,
the demised premises and during the term of this Lease. Such each party shall look first to any insurance in its favor before
insurance shall be in an amount and with carriers acceptable to making any claim against the other party for recovery for loss or
Owner. Such policy or policies shall be delivered to Owner. On damage resulting from fire or other casualty, and to the extent
Tenant's default in obtaining or delivering any such policy or that such insurance is in force and collectible, and to the extent
policies or failure to pay the charges therefore, Owner may Owner and Tenant each hereby releases and waives all right of
secure or pay the charges for any such policy or policies and recovery with respect to subparagraphs (b), (d) and (e) above,
charge Tenant as additional rent therefore. Tenant shall against the other, or any one claiming through or under each of
indemnify and save harmless Owner against and from all them by way ofsubrogation or otherwise. The release and waiver
liabilities, obligations, damages, penalties, claims, costs and herein referred to shall be deemed to include any loss or damage
expenses for which Owner shall not be reimbursed by insurance, to the demised premises and/or to any personal property,
including reasonable attorney's fees, paid, suffered or incurred as equipment, trade fixtures, goods and merchandise located
a result of any breach by Tenant, Tenant's agent, contractors, therein. The foregoing release and waiver shall be in force only if
employees, invitees, or licensees, of any covenant on condition both releasers' insurance policies contain a clause providing that
of this Lease or by the carelessness, negligence or improper such a release or waiver shall not invalidate the insurance.
conduct of Tenant, Tenant's agents, contractors, employees, Tenant acknowledges that owner will not carry insurance on
invitees, or licensees. Tenant's liability under this Lease extends Tenant's furniture and/or furnishings or any fixtures. or
to the acts and omissions of any subtenant, and any agent, equipment, improvements, or appurtenances removable by
contractor, employee, invitee, or licensee of any subtenant. In Tenant, and agrees that owner will not be obligated to repair any
case any action or proceeding is brought against Owner by damage thereto or replace the same.(f) Tenant hereby waives the
reason of any such claim, Tenant, upon written notice from provisions of Section 227 of the Real Property Law and agrees
Owner, will, at Tenant's expense, resist or defend such action or that the provisions of this article shall govern and control in lieu
proceeding by counsel approved by Owner in writing, such thereof.
approval not to be unreasonably withheld. Eminent Domain: 10. If the whole or any part of the demised
Destruction, Fire, and other Casualty: 9. (a) If the demised premises shall be acquired or condemned by Eminent Domain
premises or any part thereof shall be damaged by fire or other for any public or quasi public use or purpose, then and in that
casualty, Tenant shall give immediate notice thereof to Owner event, the term of this Lease shall cease and terminate from the
and this Lease shall continue in full force and effect except as date oftitle vesting in such proceeding, and Tenant shall have no
here after se fcrth. (b) If the demised premises are partially claim for the value of any unexpired term of said lease. Tenant
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shall have the right to make an independent claim to the Occupancy: 15. Tenant will not at any time use or occupy the
condemning authority for the value of Tenant's moving expenses demised premises in violation of Articles 2 or 37 hereof, or ofthe
and personal property, trade fixtures and equipment, provided certificate of occupancy issued for the building of which the
Tenant is entitled pursuant to the terms of the lease to remove demised premises are a part. Tenant has inspected the demised
such property, trade fixtures and equipment at the end of the premises and accepts them "as-is", subject to the riders annexed
term, and provided further such claim does not reduce Owner's hereto with respect to Owner's work, if any. In any event, Owner
award. makes no representation as to the condition of the demised
Assignment, Mortgage, Etc.: 11. Tenant, for itself; its heirs, premises, and Tenant agrees to accept the same subject to
distributes executors, administrators, legal representatives, violations, whether or not ofrecord.
successors and assigns expressly covenants that it shall not Bankruptcy: 16. Anything elsewhere in this Lease to the
assign, mortgage or encumber this agreement, nor underlet, or contrary notwithstanding, this Lease may be cancelled by
suffer or permit the demised premises or any part thereof to be Landlord by the sending of a written notice to Tenant within a
used by others, without the prior written consent of Owner in reasonable time after the happening of any one or more of the
each instance. Transfer ofthe majority ofthe stock ofa corporate following events: (1)the commencement ofa case in bankruptcy
tenant or the majority interest in any partnership or other legal or under the laws of any state naming Tenant (or a guarantor of
entity which is tenant shall be deemed an assignment. If this any ofTenant's obligations under this Lease) as the debtor; or(2)
Lease be assigned, or if the demised premises or any part thereof the making by Tenant (or guarantor of any of Tenant's
be underlet or occupied by anybody other than Tenant, Owner obligations under this Lease) of an assignment or any other
may, after default by Tenant, collect rent from the assignee, arrangement for the benefit of creditors under any state statute.
under-tenant or occupant as tenant, or a release of Tenant from Neither Tenant nor any person claiming through or under Tenant,
the further performance by Tenant of covenants on the part of or by possession ofthe premises demised but shall forthwith quit
Tenant herein contained. The consent by Owner to an assignment and surrender the demised premises. If this Lease shall be
or underletting shall not in any way be construed to relieve assigned in accordance with its terms, the provisions of this
Tenant from obtaining the express consent in writing of Owner to Article 16 shall be applicable only to the party then owning
any further assignment or underletting. Tenant's interest in this Lease.
Electric Current: 12. Rates and conditions in respect to Default: 17. (1) If Tenant defaults in fulfilling any of the
submetering or rent inclusion, as the case may be, to be added in covenants of this Lease or additional rent; or if the demised
RIDER attached hereto. Tenant covenants and agrees that at all premises become vacant or deserted; or if any execution or
times its use of electric current shall not exceed the capacity of attachment shall be issued against Tenant or any of Tenant's
existing feeders to the building or the risers or wiring installation, property, whereupon the demised premises shall be taken or
and Tenant may not use any electrical equipment which, in occupied by someone other than Tenant; or if this Lease be
Owner's opinion, reasonable exercised, will overload such rejected under Section 365 of Title 11 of the U.S. Code
installations or interfere with the use thereof by other tenants of (Bankruptcy Code); or if Tenant shall be in default with respect
the building. The change at any time of the character of electric to any other lease between Owner and Tenant; or if Tenant *shall
service shall in no way make Owner liable or responsible to fail to move into or take possession of the demised premises
Tenant, for any loss, damages or expenses which Tenant may within thirty (30) days after the commencement of the term of
sustain. this Lease, of which fact Owner shall be the sole judge; then, in
Access to Premises: 13. Owner or Owner's agents shall have any one or more of such events, upon Owner serving a written
the right (but shall not be obligated) to enter the demised fifteen (15) day notice upon Tenant specifying the nature of said
premises in any emergency at any time, and, at other reasonable default (ten [10] days with regard to the failure to pay rent or
times, to examine the same and to make such repairs, additional rent), and upon the expiration of said fifteen (15) day
replacements and improvements as Owner may deem necessary period (ten [10] days regarding a failure to pay rent or additional
and reasonably desirable to any portion of the building or which rent), and if Tenant shall have failed to comply with or remedy
Owner may elect to perform, in the demised premises, following such default, or if the said default or omission complained of
Tenant's failure to make repairs or perform any work which shall be of a nature that the same cannot be completely cured or
Tenant is obligated to perform under this Lease, or for the remedied within said fifteen (15) day period, and if Tenant shall
purpose of complying with laws, regulations and other directions not have diligently commenced curing such default within such
of governmental authorities. Tenant shall permit Owner to use fifteen (15) day period, and shall not thereafter with reasonable
and maintain and replace pipes and conduits in and through the diligence and in good faith proceed to remedy or cure such
demised premises and to erect new pipes, ducts, and conduits default, then Owner may serve a written five (5) days notice of
therein, provided they are concealed within the walls, floors or cancellation of this Lease upon Tenant, and upon the expiration
ceiling, wherever practicable. Owner may, during the progress of of said five (5) days, this Lease and the term thereunder shall end
any work in the demised premises, take all necessary materials and expire as fully and completely as if the expiration ofsuch (5)
and equipment into said premises without the same constituting day period were the day herein definitely fixed for the end and
an eviction, nor shall Tenant be entitled to any abatement ofrent expiration of this Lease and the term thereof and Tenant shall
while such work is in progress, nor to any damages by reason of then quit and surrender the demised premises to owner, but
loss or interruption of business or otherwise. Throughout the Tenant shall remain liable as hereinafter provided.
term hereof, Owner shall have the right to enter the demised (2)If the notice provided for in (1) hereof shall have been given,
premises, provided notice is given to Tenant, at reasonable hours and the term shall expire as aforesaid; or if Tenant 'shall make
for the purpose ofshowing the same to prospective purchasers or default in the payment ofthe rent reserved herein, or any item of
mortgagees of the building, and during the last six months ofthe additional rent herein mentioned, or any part of either, or in
term for the purpose of showing the same to prospective tenants, making any other payment herein required; then, and in any of
and may, during said six months period, place upon the demised such events, Owner may without notice, re-enter the demised
premises the usual notice "to Let" and "For Sale", which notices premises either by force or otherwise, and dispossess Tenant by
Tenant shall permit to remain therein without molestation. If summary proceedings or otherwise, and the legal representative
Tenant is not present to open and permit an entry into the of Tenant or other occupant ofthe demised premises, and remove
demised premises, Owner or Owner's agents may enter the same their effects and hold the demised premises as if this Lease had
whenever such entry may be necessary or permissible, by master not been made, and Tenant hereby waives the service of notice of
key, provided reasonable care is exercised to safeguard Tenant's intention to re-enter or to institute legal proceedings to that end.
property, nor shall in any event shall the obligations of Tenant
hereunder be affected. Owner shall have the right at any time, Remedies of Owner and Waiver of Redemption: 18. Incase
without the same constituting an eviction and without incurring of any such default, re-entry, expiration and/or dispossess by
liability to Tenant therefore, to change the arrangement and/or summary proceedings or otherwise (a) the rent, and additional
location of public entrances, passageways, doors, doorways, rent, shall become due thereupon and be paid up to the time of
corridors, elevators, stairs, toilets, or other public parts of the such re-entry, dispossess and/or expiration,(b)Owner may re-let
building, and to change the name, number or designation by the demised premises or any part or parts thereof, either in the
which the building may be known. name of Owner or otherwise, for a term or terms, which may at
Owner's option be less than or exceed the period which would
onally yeleted otherwise have constituted the balance of the term of this Lease,
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and may grant concessions or free rent or charge a higher rental agreement between Owner and Tenant, and any executory
than that in this Lease, and/or (c) Tenant or the legal agreement hereafter made shall be ineffective to change, modify,
representatives of Tenant shall also pay Owner, as liquidated discharge or effect an abandonment of it in whole or in part,
damages, for the failure of Tenant to observe and perform said unless such executory agreement is in writing and signed by the
Tenant's covenants herein contained, any deficiency between the party against whom enforcement of the change, modification,
rent hereby reserved an-or covenanted to be paid and the net discharge or abandonment is sought.
amount, if any, of the rents collected on account of the
subsequent lease or leases of the demised premises for each End of Term: 21. Upon the expiration or other termination of
month of the period which would otherwise have constituted the the term of this Lease, Tenant shall quit and surrender to Owner
balance of the term of this Lease. The failure of Owner to re-let the demised premises, "broom-clean", in good ,order and
the demised premises or any part or parts thereofshall not release condition, ordinary wear excepted, and Tenant shall remove all
or affect Tenant's liability for damages. In computing such its property. Tenant's obligation to observe or perform this
liquidated damages there shall be added to the said deficiency covenant shall survive the expiration or other termination of this
such expenses as Owner may incur in connection with re-letting, Lease. If the last day of the term of this Lease or any renewal
such as legal expenses, reasonable attorney's fee, brokerage, thereof, falls on Sunday, this Lease shall expire at noon on the
advertising and for keeping the demised premises in good order, preceding Saturday, unless it be a legal holiday, in which case it
or for preparing the same for re-letting. Any such liquidated shall expire at noon on the proceeding business day.
damages shall be paid in monthly installments by Tenant on the Quiet Enjoyment: 22. Owner covenants and agrees with Tenant
rent day specified in this Lease. Owner, in putting the demised that upon Tenant paying the rent and additional rent and
premises in good order or preparing the same for re-rental may, observing and performing all the terms, covenants and
at Owner's option, make such alterations, repairs, replacements, conditions, on Tenant's part to be observed and performed,
and/or decorations in the demised premises as owner, in Owner's Tenant may peaceable and quietly enjoy the premises hereby
sole judgment, considers advisable and necessary for the purpose demised, subject, nevertheless, to the terms and conditions of this
of re-letting the demised premises, and the making of such Lease including, but not limited to, Article 33 hereof and to the
alterations, repairs, replacements, and/or decorations shall not ground leases, underlying leases and mortgages hereinbefore
operate or be construed to release Tenant from liability. Owner mentioned.
shall in no event be liable, in any way whatsoever, for failure to
re-let the demised premises, or in the event that the demised Failure to Give Possession: 23. If Owner is unable to give
premises are re-let, for failure to collect the rent thereof under possession of the demised premises on the date of the
such re-letting, and in no event shall Tenant be entitled to receive commencement of the term hereof; because of the holding-over
an excess, if any, of such net rent collected over the sums or retention of possession of any tenant, undertenant or
payable by Tenant to Owner hereunder. In the even of a breach occupants, or if the demised premises are located in a building
or threatened breach by Tenant of any of the covenants or being constructed, because such building has not been
provisions hereof, Owner shall have the right of injunction and sufficiently completed to make the demised premises ready for
the right to invoke any remedy allowed at law or in equity as if occupancy, or because of the fact that a certificate of occupancy
re-entry, summary proceedings and other remedies were not has not been procured, or for any other reason, Owner shall not
herein provided for. Mention in this Lease of any particular be subject to any liability for failure to give possession on said
remedy, shall not preclude Owner from any other remedy, in law date and the validity ofthe lease shall not be impaired.under such
or in equity. Tenant hereby expressly waives any and all rights of circumstances, nor shall the same be construed in any way to
redemption granted by or under any present or future laws. extend the term of this Lease, but the rent payable hereunder
shall be abated (provided Tenant is not responsible for the
Fees and Expenses: 19. If Tenant shall default in the inability to obtain possession or complete construction) until
observance or performance of any term or covenant on Tenant's after Owner shall have given Tenant written notice that Owner is
part to be observed or performed under, or by virtue of; any of able to deliver possession in the condition required by this Lease.
the terms or provisions in any article of this Lease, after notice if If permission is given to Tenant to enter into the possession of
required, and upon expiration of any applicable grace period if the demised premises or to occupy premises other than the
any (except in an emergency), then, unless otherwise provided demised premises prior to the date specified as the
elsewhere in this Lease, Owner may immediately, or at any time commencement of the term of this Lease, Tenant covenants and
thereafter, and without notice, perform the obligation of Tenant agrees that such possession and/or occupancy shall be deemed to
thereunder, and if Owner, in connection therewith or in be under all the terms, covenants, conditions and provisions of
connection with any default by Tenant in the covenant to pay this Lease, except the obligation to pay the fixed annual rent set
rent hereunder, make any expenditures or incurs any obligations forth in page one ofthis Lease.
for the payment of money, including but not limited to
reasonable attorney's fees, in instituting, prosecuting or No Waiver: 24. The failure of Owner to seek redress for
defending any actions or proceeding, and prevails in any such violation of; or to insist upon the strict performance of any
action or proceeding, such sums so paid or obligations incurred covenant or condition of this Lease or of any of the Rules or
with interest and costs shall be deemed to be additional rent Regulations set forth or hereafter adopted by Owner, shall not
hereunder and shall be paid by Tenant to Owner within ten (10) prevent a subsequent act which would have originally constituted
days of rendition of any bill or statement to Tenant therefore, and a violation from having all the force and effect of an original
if Tenant's lease term shall have expired at the time of making of violation. The receipt by Owner of rent and/or additional rent
such expenditures or incurring of such obligations, such sums with knowledge of the breach of any covenant of this Lease shall
shall be recoverable by Owner as damages. not be deemed a waiver of such breach, and no provision of this
Lease shall be deemed to have been waived by Owner unless
No Representations by Owner: 20. Neither Owner nor such waiver be in writing signed by Owner. No payment by
Owner's agent have made any representations or promises with Tenant or receipt by Owner of a lesser amount than the monthly
respect to the physical condition of the building, the land upon rent herein stipulated shall be deemed to be other than on account
which it is erected or the demised premises, the rents, leases, of the earliest stipulated rent, nor shall any endoisement or
expenses of operation, or any other matter or thing affecting or statement of any check or any letter accompanying any check or
related to the demised premises, except as herein expressly set payment as rent be deemed an accord and satisfaction,. and
forth, and no rights, easements or licenses are acquired by Tenant Owner may accept such check or payment without prejudice to
by implication or otherwise, except as expressly set forth in the Owner's right to recover the balance of such rent or pursue any
provisions of this Lease. Tenant has inspected the building and other remedy in this Lease provided. No act or thing done by
the demised premises and is thoroughly acquainted with their Owner or Owner's agents during the term hereby demised shall
condition, and agrees to take the same "as-is", and acknowledges be deemed in acceptance of a surrender of the demised premises
that the taking of possession of the demised premises by Tenant and no agreement to accept such surrender shall be valid unless
shall be conclusive evidence that the said premises and the in writing signed by Owner. No employee of Owner or Owner's
building of which the same form a part were in good and agent shall have any power to accept the keys of the demised
satisfactory condition at the time such possession was so taken, premises prior to the termination of this Lease, and the delivery
except as to latent defects. All understandings and agreements of keys to any such agent or employee shall not operate as a
heretofore made between the parties hereto are merged in this termination ofthis Lease or a surrender ofthe demised premises.
contrr, which alone fully and completely expresses the
4
INITIALS
usl\users$kbloom\Mv Documents\TL Documents\Leases\16 Wect 14 Street Suite Min T rect.fnr Wert Vanity Calnn T lArnpnteril V i /7 1 d
FILED: NEW YORK COUNTY CLERK 03/07/2024 04:09 PM INDEX NO. 651225/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/07/2024
Waiver of Trial by Jury: 25. It is mutually agreed by and on the first day of each month. Independently of, and in addition
between owner and Tenant that the respective parties hereto shall to, any of the remedies reserved to Owner hereinabove or
and they hereby do waive trial byjury in an action, proceeding or elsewhere in this Lease, Owner may sue for and collect any ones
counterclaim brought by either of the parties hereto against the to be paid by Tenant or paid by Owner for any of the reasons or
other (except for personal injury or property damage) on any purposes hereinabove set forth. See Addendum Article 50.
matters whatsoever arising out of, or in any way connected with,
this Lease, the relationship of Owner and Tenant, Tenant's use of Sprinklers: 29. Anything elsewhere in this Lease to the contrary
or occupancy of this demised premises, and any emergency notwithstanding, if the New York Board of Fire Underwriters or
statutory or any other statutory remedy. It is further mutually the Insurance Services Office, or any bureau, departmen
Preview
FILED: NEW YORK COUNTY CLERK 03/07/2024 04:09 PM INDEX NO. 651225/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/07/2024 EXHIBIT A FILED: NEW YORK COUNTY CLERK 03/07/2024 04:09 PM INDEX NO. 651225/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/07/2024 STANDARD FORM OF STORE LEASE The Real Estate Board of New York,Inc. Sureement of Kease, made as of this 2nd day of June in the year 2014, between ISTA Holding Co., Inc. with offices located at do BLDG Management Co., Inc., 417 Fifth Avenue, Suite 400, New York, New York 10016-2204 and party ofthe first part, hereinafter collectively referred to as Owner or Landlord and Next Vanity Salon, LLC, a New York limited liability company, having a current address of 115 East 39 Street, New York, New York 10016, party ofthe second part, hereinafter referred to as Tenant, Witnessetb: Owner hereby leases to Tenant and Tenant hereby hires from Owner a retail store designated as Suite 300 and located on the third (3rd)floor("demised premises" or "premises" or "Premises")ofa building with an address of36 West 34 Street, New York, New York 10001 ("building" or "Building"), in the County of New York, the City and State of New York, for the term ("term" or "Term")of approximately ten (10)Lease Years, as that term is hereinafter defined, to commence on the Commencement Date, as that term is hereinafter defined, and to end on the last day of the tenth (10th) Lease Year, both dates inclusive, or until such term shall sooner cease and expire as hereinafter provided, at an annual rental rate as set forth more specifically in Rider Clause #40, attached hereto and a part hereof, which Tenant agrees to pay in lawful money ofthe United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments in advance on the first day of each month during said term, at the office of Owner or such other place as Owner may designate, withourany set off or deduction whatsoevet, ... -• ••••- , • •75.71=Z1.4:4,••••,.,:, .- .. • - The parties hereto, for themselves, their heirs, distributees, executors, administrators, legal representatives, successors and assigns, hereby covenant as follows: Rent 1. Tenant shall pay the rent as above and as hereinafter provided. Occupancy 2. Tenant shall use and occupy the demised premises for a hair salon including, but not limited to, beauty, hair, spa services and beauty product sales. Tenant shall at all times conduct its business in a high grade and reputable manner,shall not violate Article 37 hereof; and shall keep show windows and signs in a neat and clean condition. Alterations: 3. Tenant shall make no changes in or to the own cost and expense, and shall cause the same to be covered by demised premises of any nature without Owner's prior written the insurance provided for hereafter in Article 8. Tenant shall, consent. Subject to the prior written consent of Owner and to the throughout the term ofthis Lease, take good care ofthe demised provisions ofthis article, Tenant, at Tenant's expense, may make premises (including, without limitation, the storefront) and the alterations, installations, additions or improvements which are fixtures and appurtenances therein, and at its sole cost and non-structural and which do not affect utility services or expense make all non-structural repairs thereto as and when plumbing and electrical lines, in or to the interior ofthe demised needed to preserve them in good working order and condition, premises by using contractors or mechanics first approved by reasonable wear and tear, fire or -other casualty, excepted. If the Owner. Tenant shall, before making any alterations, additions, demised premises be or become infested with vermin, Tenant installations or improvements at its expense, obtain all permits, shall at Tenant's expense, cause the same to be exterminated approvals and certificates required by any governmental or quasi- from time to time to the satisfaction of Owner. Except as governmental bodies and (upon completion) certificates of final specifically provided in Article 9 or elsewhere in this Lease, approval thereof and shall deliver promptly duplicates of all such there shall be no allowance to Tenant for the diminution ofrental permits, approvals and certificates to Owner, and Tenant agrees value and no liability on the part of Owner by reason Of to carry, and will cause Tenant's contractors and sub-contractors inconvenience, annoyance or injury to business arising from to carry, such worker's compensation, commercial general Owner, Tenant or others making or failing to make any repairs, liability, personal and property damage insurance as Owner may alterations, additions or improvements in or to any portion ofthe require. If any mechanic's lien is filed against the demised building including the erection or operation of any crane, derrick premises, or the building of which the same forms a part, for or sidewalk shed, or in or to the demised premises or the fixtures, work claimed to have been done for, or materials furnished to, appurtenances or equipment thereof. It is specifically agreed that Tenant, whether or not done pursuant to this article, the same Tenant shall not be entitled to any set off or reduction of rent by shall be discharged by Tenant within 30 days thereafter, at reason of any failure of Owner to comply with the cOvenants of Tenant's expense, by payment or filing a bond as permitted by this or any other article ofthis Lease. Tenant agrees that Tenant's law. All fixtures and all paneling, partitions, railings and like sole remedy at law in such instance will be by way of an action installations, installed in the premises at any time, either by for damages for breach of contract. The provisions ofthis Article Tenant or by Owner on Tenant's behalf, shall, upon installation, 4 with respect to the making ofrepairs shall not apply in the case become the property of Owner and shall remain upon and be offire or other casualty which are dealt with in Article 9 hereof. surrendered with the demised premises unless Owner, by notice Window Cleaning: 5. Tenant will not clean nor require, permit, to Tenant no later than twenty days prior to the date fixed as the suffer or allow any window in the demised premises to be termination of this Lease, elects to relinquish Owner's rights cleaned from the outside in violation of Section 202 of the New thereto and to have them removed by Tenant, in which event, the York State Labor Law or any other applicable law or Ofthe Rules same shall be removed from the premises by Tenant prior to the ofthe Board of Standards and Appeals, or of any other Board or expiration of the Lease, at Tenant's expense. Nothing in this body having or asserting jurisdiction. article shall be construed to give Owner title to, or to prevent Tenant's removal of trade fixtures, removable office furniture Requirements of Law,Fire Insurance: 6. Tenant, at Tenant's and equipment, but upon removal of same from the demised sole cost and expense,shall, with respect to the demised premises premises or upon removal of other installations as may be or any utility, no matter where located, serving only the demised required by Owner, Tenant shall immediately and at its expense, premises, promptly comply with all present and future laws, repair and restore the premises to the condition existing prior to orders and regulations of all state, federal, municipal and local any such installation and repair any damage to the demised governments, departments, commissions and boards and any premises or the building due to such removal. All property direction of any public officer pursuant to law, and all orders, permitted or required to be removed by Tenant at the end of the rules and regulations of the New York Board of Fire term remaining in the demised premises after Tenant's removal Underwriters or the Insurance Services Office, or any similar shall be deemed abandoned and may, at the election of Owner, body which shall impose any violations, order or duty upon either be retained as Owner's property or may be removed from Owner or Tenant with respect to the demised premises, and with the premises by Owner at Tenant's expense. respect to the portion ofthe sidewalk adjacent to the premises, if the premises are on the street level, whether or not arising out of Repairs: 4. Owner shall maintain and repair the public portions Tenant's use or manner of use thereof; or with respect the of the building, both exterior and interior, except that if Owner building if arising out of Tenant's use or manner of use of the allows Tenant to erect on the outside of the building a sign or premises or the building (including the use permitted under the signs, or a hoist, lift or sidewalk elevator for the exclusive use of Lease). Except as provided in Article 29 hereof; nothing herein Tenant, Tenant shall maintain such exterior installations in good shall require Tenant to make structural repairs or alterations appearance, and shall cause the same to be operated in a good unless Tenant has by its manner of use of the demised premises and workmanlike manner, shall make all repairs thereto or method of operation therein, violated any such laws, necessary to keep aine in good order and condition, at Tenant's ordinances, orders, rules, regulations or requirements with 1 INITIALS %kfel\iteerenehInnm\Mv nninimentiATI 11nriimentc\I eases\16 West 14 Street Suite 100 1 ease for Next Vanity Salon 11 C(Accentedl V 1 5 27 14 doc FILED: NEW YORK COUNTY CLERK 03/07/2024 04:09 PM INDEX NO. 651225/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/07/2024 respect thereto. Tenant shall not do or permit any act or thing to damaged or rendered partially unusable by fire or other casualty, be done in or to the demised premises which is contrary to law, the damages thereto shall be repaired by and at the expense of or which will invalidate or be in conflict with public liability, fire Owner, and the rent and other items of additional rent; until such or other policies of insurance at any time carried by or for the repair shall be substantially completed, shall be apportioned from benefit of Owner, or which shall or might subject owner to any the day following the casualty according to the part of the liability or responsibility to any pension, or for property damage. demised premises which is usable. (c) If the demised premises Tenant shall pay all costs, expenses, fines, penalties or damages, are totally damaged or rendered wholly unusable by fire or other which may be imposed upon Owner by reason of Tenant's failure casualty, then the rent and other items of additional rent as to comply with the provisions ofthis article. If the fire insurance hereinafter expressly provided shall be proportionately paid up to rate shall, at the beginning of the lease or at any time thereafter, the time ofthe casualty and thenceforth shall cease until the date be higher than it otherwise would be,then Tenant shall reimburse when the demised premises shall have been repaired and restored Owner, as additional rent hereunder, for that portion of all fire by Owner(or sooner reoccupied in part by Tenant then rent shall insurance premiums thereafter paid by Owner which shall have be apportioned as provided in subsection (b) above), subject to been charged because of such failure by Tenant, to comply with Owner's right to elect not to restore the same as hereinafter the terms of this article. In any action or proceeding wherein provided. Tenant shall have the right to terminate this Lease if Owner and Tenant are parties, a schedule or "make-up" of rate Landlord does not complete restoration and deliver the demised for the building or the demised premises shall be conclusive premises within nine (9) months of such casualty. (d) If the evidence of the facts therein stated and of the several items and demised premises are rendered wholly unusable or (whether or charges in the fire insurance rate than applicable to said demised not the demised premises are damaged in whole or in part) if the premises. building shall be so damaged that Owner shall decide to Subordination: 7. This Lease is subject and subordinate to all demolish it or to rebuild it, then, in any of such events, owner ground or underlying leases and to all mortgages which may now may elect to terminate this Lease by written notice to Tenant or hereafter affect such leases or the real property of which the given within 90 days after such fire or casualty or 39 days after demised premises are a part, and to all renewals, modifications, adjustment of the insurance claim for such fire or casualty, consolidations, replacements, and extensions of any such whichever is sooner, specifying a date for the expiration of the underlying leases and mortgages. This clause shall be self- lease, which date shall not be more than 60 days after the giving operative and no further instrument of subordination shall be of such notice, and upon the date specified in such notice the required by any ground or underlying lesser or by any term ofthis Lease shall expire as fully and completely as if such mortgagee, affecting any lease or the real property of which the date were the date set forth above for the termination of this demised premises are a part. In confirmation of such Lease and Tenant shall forthwith quit, surrender and vacate the subordination, Tenant shall from time to time execute promptly demised premises without prejudice however, to Owner's rights any certificate that Owner may request. and remedies against Tenant under the release provisions in effect prior to such termination, and any rent owing shall be paid Tenant's Liability Insurance Property Loss, Damage, up to such date and any payments ofrent made by Tenant which Indemnity: 8. Owner or its agents shall not be liable for any were on account of any period subsequent to such date shall be damage to property ofTenant or of others entrusted to employees returned to Tenant. Being reasonable, the parties shall agree on of the building, nor for loss of, or damage to, any property of the usability of the premises per sections b, c, and d. Unless Tenant by theft or other wise, nor for any injury or damage to Owner shall serve a termination notice as provided for herein, persons or property resulting from any cause of whatsoever Owner shall make the repairs and restorations under the nature, unless caused by or due to the negligence of Owner, its conditions of(b) and (c) hereof, with all reasonable.expedition agents, servants or employees. Owner or its agents will not be subject to delays due to adjustment of insurance claims, labor liable for any such damage caused by other tenants or persons in, troubles and causes beyond Owner's restoration by removing upon, or about said building, or caused by operations in from the premises as promptly as reasonably possible, all of construction of any private, public, or quasi public work. Tenant's salvageable inventory and movable equipment, Landlord represents that the leases with other occupants of the furniture, and other property. Tenant's liability for rent shall Building require said occupants to carry commercial liability resume thirty (30) days after written notice from owner that the insurance of the type similar to that required of Tenant demised premises are substantially ready for Tenant's hereunder. Tenant agrees, at Tenant's sole cost and expense, to occupancy. (e) Nothing contained hereinabove shall relieve maintain commercial general liability insurance in standard form Tenant from liability that may exist as a result of damage from in favor of Owner and Tenant against claims for bodily injury or fire or other casualty. Notwithstanding anything contained to the death or property damage occurring in or upon the demised contrary in subdivisions (a) through (e) hereof, including premises, effective from the date Tenant enters into possession of Owner's obligation to restore under subparagraph (b) above, the demised premises and during the term of this Lease. Such each party shall look first to any insurance in its favor before insurance shall be in an amount and with carriers acceptable to making any claim against the other party for recovery for loss or Owner. Such policy or policies shall be delivered to Owner. On damage resulting from fire or other casualty, and to the extent Tenant's default in obtaining or delivering any such policy or that such insurance is in force and collectible, and to the extent policies or failure to pay the charges therefore, Owner may Owner and Tenant each hereby releases and waives all right of secure or pay the charges for any such policy or policies and recovery with respect to subparagraphs (b), (d) and (e) above, charge Tenant as additional rent therefore. Tenant shall against the other, or any one claiming through or under each of indemnify and save harmless Owner against and from all them by way ofsubrogation or otherwise. The release and waiver liabilities, obligations, damages, penalties, claims, costs and herein referred to shall be deemed to include any loss or damage expenses for which Owner shall not be reimbursed by insurance, to the demised premises and/or to any personal property, including reasonable attorney's fees, paid, suffered or incurred as equipment, trade fixtures, goods and merchandise located a result of any breach by Tenant, Tenant's agent, contractors, therein. The foregoing release and waiver shall be in force only if employees, invitees, or licensees, of any covenant on condition both releasers' insurance policies contain a clause providing that of this Lease or by the carelessness, negligence or improper such a release or waiver shall not invalidate the insurance. conduct of Tenant, Tenant's agents, contractors, employees, Tenant acknowledges that owner will not carry insurance on invitees, or licensees. Tenant's liability under this Lease extends Tenant's furniture and/or furnishings or any fixtures. or to the acts and omissions of any subtenant, and any agent, equipment, improvements, or appurtenances removable by contractor, employee, invitee, or licensee of any subtenant. In Tenant, and agrees that owner will not be obligated to repair any case any action or proceeding is brought against Owner by damage thereto or replace the same.(f) Tenant hereby waives the reason of any such claim, Tenant, upon written notice from provisions of Section 227 of the Real Property Law and agrees Owner, will, at Tenant's expense, resist or defend such action or that the provisions of this article shall govern and control in lieu proceeding by counsel approved by Owner in writing, such thereof. approval not to be unreasonably withheld. Eminent Domain: 10. If the whole or any part of the demised Destruction, Fire, and other Casualty: 9. (a) If the demised premises shall be acquired or condemned by Eminent Domain premises or any part thereof shall be damaged by fire or other for any public or quasi public use or purpose, then and in that casualty, Tenant shall give immediate notice thereof to Owner event, the term of this Lease shall cease and terminate from the and this Lease shall continue in full force and effect except as date oftitle vesting in such proceeding, and Tenant shall have no here after se fcrth. (b) If the demised premises are partially claim for the value of any unexpired term of said lease. Tenant 2 INITIALS ‘xf.1%sscaarcInnlAnrsertAAti TIrtrnmemtATI lInntImantekl aocAck14 tlhact ACtraat flfl Tatm.fnr Tdavt Vonitv Colnn IT C fArrantrorll V 1c T7 1 A rinn FILED: NEW YORK COUNTY CLERK 03/07/2024 04:09 PM INDEX NO. 651225/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/07/2024 shall have the right to make an independent claim to the Occupancy: 15. Tenant will not at any time use or occupy the condemning authority for the value of Tenant's moving expenses demised premises in violation of Articles 2 or 37 hereof, or ofthe and personal property, trade fixtures and equipment, provided certificate of occupancy issued for the building of which the Tenant is entitled pursuant to the terms of the lease to remove demised premises are a part. Tenant has inspected the demised such property, trade fixtures and equipment at the end of the premises and accepts them "as-is", subject to the riders annexed term, and provided further such claim does not reduce Owner's hereto with respect to Owner's work, if any. In any event, Owner award. makes no representation as to the condition of the demised Assignment, Mortgage, Etc.: 11. Tenant, for itself; its heirs, premises, and Tenant agrees to accept the same subject to distributes executors, administrators, legal representatives, violations, whether or not ofrecord. successors and assigns expressly covenants that it shall not Bankruptcy: 16. Anything elsewhere in this Lease to the assign, mortgage or encumber this agreement, nor underlet, or contrary notwithstanding, this Lease may be cancelled by suffer or permit the demised premises or any part thereof to be Landlord by the sending of a written notice to Tenant within a used by others, without the prior written consent of Owner in reasonable time after the happening of any one or more of the each instance. Transfer ofthe majority ofthe stock ofa corporate following events: (1)the commencement ofa case in bankruptcy tenant or the majority interest in any partnership or other legal or under the laws of any state naming Tenant (or a guarantor of entity which is tenant shall be deemed an assignment. If this any ofTenant's obligations under this Lease) as the debtor; or(2) Lease be assigned, or if the demised premises or any part thereof the making by Tenant (or guarantor of any of Tenant's be underlet or occupied by anybody other than Tenant, Owner obligations under this Lease) of an assignment or any other may, after default by Tenant, collect rent from the assignee, arrangement for the benefit of creditors under any state statute. under-tenant or occupant as tenant, or a release of Tenant from Neither Tenant nor any person claiming through or under Tenant, the further performance by Tenant of covenants on the part of or by possession ofthe premises demised but shall forthwith quit Tenant herein contained. The consent by Owner to an assignment and surrender the demised premises. If this Lease shall be or underletting shall not in any way be construed to relieve assigned in accordance with its terms, the provisions of this Tenant from obtaining the express consent in writing of Owner to Article 16 shall be applicable only to the party then owning any further assignment or underletting. Tenant's interest in this Lease. Electric Current: 12. Rates and conditions in respect to Default: 17. (1) If Tenant defaults in fulfilling any of the submetering or rent inclusion, as the case may be, to be added in covenants of this Lease or additional rent; or if the demised RIDER attached hereto. Tenant covenants and agrees that at all premises become vacant or deserted; or if any execution or times its use of electric current shall not exceed the capacity of attachment shall be issued against Tenant or any of Tenant's existing feeders to the building or the risers or wiring installation, property, whereupon the demised premises shall be taken or and Tenant may not use any electrical equipment which, in occupied by someone other than Tenant; or if this Lease be Owner's opinion, reasonable exercised, will overload such rejected under Section 365 of Title 11 of the U.S. Code installations or interfere with the use thereof by other tenants of (Bankruptcy Code); or if Tenant shall be in default with respect the building. The change at any time of the character of electric to any other lease between Owner and Tenant; or if Tenant *shall service shall in no way make Owner liable or responsible to fail to move into or take possession of the demised premises Tenant, for any loss, damages or expenses which Tenant may within thirty (30) days after the commencement of the term of sustain. this Lease, of which fact Owner shall be the sole judge; then, in Access to Premises: 13. Owner or Owner's agents shall have any one or more of such events, upon Owner serving a written the right (but shall not be obligated) to enter the demised fifteen (15) day notice upon Tenant specifying the nature of said premises in any emergency at any time, and, at other reasonable default (ten [10] days with regard to the failure to pay rent or times, to examine the same and to make such repairs, additional rent), and upon the expiration of said fifteen (15) day replacements and improvements as Owner may deem necessary period (ten [10] days regarding a failure to pay rent or additional and reasonably desirable to any portion of the building or which rent), and if Tenant shall have failed to comply with or remedy Owner may elect to perform, in the demised premises, following such default, or if the said default or omission complained of Tenant's failure to make repairs or perform any work which shall be of a nature that the same cannot be completely cured or Tenant is obligated to perform under this Lease, or for the remedied within said fifteen (15) day period, and if Tenant shall purpose of complying with laws, regulations and other directions not have diligently commenced curing such default within such of governmental authorities. Tenant shall permit Owner to use fifteen (15) day period, and shall not thereafter with reasonable and maintain and replace pipes and conduits in and through the diligence and in good faith proceed to remedy or cure such demised premises and to erect new pipes, ducts, and conduits default, then Owner may serve a written five (5) days notice of therein, provided they are concealed within the walls, floors or cancellation of this Lease upon Tenant, and upon the expiration ceiling, wherever practicable. Owner may, during the progress of of said five (5) days, this Lease and the term thereunder shall end any work in the demised premises, take all necessary materials and expire as fully and completely as if the expiration ofsuch (5) and equipment into said premises without the same constituting day period were the day herein definitely fixed for the end and an eviction, nor shall Tenant be entitled to any abatement ofrent expiration of this Lease and the term thereof and Tenant shall while such work is in progress, nor to any damages by reason of then quit and surrender the demised premises to owner, but loss or interruption of business or otherwise. Throughout the Tenant shall remain liable as hereinafter provided. term hereof, Owner shall have the right to enter the demised (2)If the notice provided for in (1) hereof shall have been given, premises, provided notice is given to Tenant, at reasonable hours and the term shall expire as aforesaid; or if Tenant 'shall make for the purpose ofshowing the same to prospective purchasers or default in the payment ofthe rent reserved herein, or any item of mortgagees of the building, and during the last six months ofthe additional rent herein mentioned, or any part of either, or in term for the purpose of showing the same to prospective tenants, making any other payment herein required; then, and in any of and may, during said six months period, place upon the demised such events, Owner may without notice, re-enter the demised premises the usual notice "to Let" and "For Sale", which notices premises either by force or otherwise, and dispossess Tenant by Tenant shall permit to remain therein without molestation. If summary proceedings or otherwise, and the legal representative Tenant is not present to open and permit an entry into the of Tenant or other occupant ofthe demised premises, and remove demised premises, Owner or Owner's agents may enter the same their effects and hold the demised premises as if this Lease had whenever such entry may be necessary or permissible, by master not been made, and Tenant hereby waives the service of notice of key, provided reasonable care is exercised to safeguard Tenant's intention to re-enter or to institute legal proceedings to that end. property, nor shall in any event shall the obligations of Tenant hereunder be affected. Owner shall have the right at any time, Remedies of Owner and Waiver of Redemption: 18. Incase without the same constituting an eviction and without incurring of any such default, re-entry, expiration and/or dispossess by liability to Tenant therefore, to change the arrangement and/or summary proceedings or otherwise (a) the rent, and additional location of public entrances, passageways, doors, doorways, rent, shall become due thereupon and be paid up to the time of corridors, elevators, stairs, toilets, or other public parts of the such re-entry, dispossess and/or expiration,(b)Owner may re-let building, and to change the name, number or designation by the demised premises or any part or parts thereof, either in the which the building may be known. name of Owner or otherwise, for a term or terms, which may at Owner's option be less than or exceed the period which would onally yeleted otherwise have constituted the balance of the term of this Lease, 14.r I ()../ INITIALS 3 \Ws]\users$kbloom\My Documents\TL Documents\Leases)36 West 34 Street Suite 300 Lease for Next Vanity Salon. LLC(Accented) V.3 5.27.14.doc FILED: NEW YORK COUNTY CLERK 03/07/2024 04:09 PM INDEX NO. 651225/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/07/2024 and may grant concessions or free rent or charge a higher rental agreement between Owner and Tenant, and any executory than that in this Lease, and/or (c) Tenant or the legal agreement hereafter made shall be ineffective to change, modify, representatives of Tenant shall also pay Owner, as liquidated discharge or effect an abandonment of it in whole or in part, damages, for the failure of Tenant to observe and perform said unless such executory agreement is in writing and signed by the Tenant's covenants herein contained, any deficiency between the party against whom enforcement of the change, modification, rent hereby reserved an-or covenanted to be paid and the net discharge or abandonment is sought. amount, if any, of the rents collected on account of the subsequent lease or leases of the demised premises for each End of Term: 21. Upon the expiration or other termination of month of the period which would otherwise have constituted the the term of this Lease, Tenant shall quit and surrender to Owner balance of the term of this Lease. The failure of Owner to re-let the demised premises, "broom-clean", in good ,order and the demised premises or any part or parts thereofshall not release condition, ordinary wear excepted, and Tenant shall remove all or affect Tenant's liability for damages. In computing such its property. Tenant's obligation to observe or perform this liquidated damages there shall be added to the said deficiency covenant shall survive the expiration or other termination of this such expenses as Owner may incur in connection with re-letting, Lease. If the last day of the term of this Lease or any renewal such as legal expenses, reasonable attorney's fee, brokerage, thereof, falls on Sunday, this Lease shall expire at noon on the advertising and for keeping the demised premises in good order, preceding Saturday, unless it be a legal holiday, in which case it or for preparing the same for re-letting. Any such liquidated shall expire at noon on the proceeding business day. damages shall be paid in monthly installments by Tenant on the Quiet Enjoyment: 22. Owner covenants and agrees with Tenant rent day specified in this Lease. Owner, in putting the demised that upon Tenant paying the rent and additional rent and premises in good order or preparing the same for re-rental may, observing and performing all the terms, covenants and at Owner's option, make such alterations, repairs, replacements, conditions, on Tenant's part to be observed and performed, and/or decorations in the demised premises as owner, in Owner's Tenant may peaceable and quietly enjoy the premises hereby sole judgment, considers advisable and necessary for the purpose demised, subject, nevertheless, to the terms and conditions of this of re-letting the demised premises, and the making of such Lease including, but not limited to, Article 33 hereof and to the alterations, repairs, replacements, and/or decorations shall not ground leases, underlying leases and mortgages hereinbefore operate or be construed to release Tenant from liability. Owner mentioned. shall in no event be liable, in any way whatsoever, for failure to re-let the demised premises, or in the event that the demised Failure to Give Possession: 23. If Owner is unable to give premises are re-let, for failure to collect the rent thereof under possession of the demised premises on the date of the such re-letting, and in no event shall Tenant be entitled to receive commencement of the term hereof; because of the holding-over an excess, if any, of such net rent collected over the sums or retention of possession of any tenant, undertenant or payable by Tenant to Owner hereunder. In the even of a breach occupants, or if the demised premises are located in a building or threatened breach by Tenant of any of the covenants or being constructed, because such building has not been provisions hereof, Owner shall have the right of injunction and sufficiently completed to make the demised premises ready for the right to invoke any remedy allowed at law or in equity as if occupancy, or because of the fact that a certificate of occupancy re-entry, summary proceedings and other remedies were not has not been procured, or for any other reason, Owner shall not herein provided for. Mention in this Lease of any particular be subject to any liability for failure to give possession on said remedy, shall not preclude Owner from any other remedy, in law date and the validity ofthe lease shall not be impaired.under such or in equity. Tenant hereby expressly waives any and all rights of circumstances, nor shall the same be construed in any way to redemption granted by or under any present or future laws. extend the term of this Lease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for the Fees and Expenses: 19. If Tenant shall default in the inability to obtain possession or complete construction) until observance or performance of any term or covenant on Tenant's after Owner shall have given Tenant written notice that Owner is part to be observed or performed under, or by virtue of; any of able to deliver possession in the condition required by this Lease. the terms or provisions in any article of this Lease, after notice if If permission is given to Tenant to enter into the possession of required, and upon expiration of any applicable grace period if the demised premises or to occupy premises other than the any (except in an emergency), then, unless otherwise provided demised premises prior to the date specified as the elsewhere in this Lease, Owner may immediately, or at any time commencement of the term of this Lease, Tenant covenants and thereafter, and without notice, perform the obligation of Tenant agrees that such possession and/or occupancy shall be deemed to thereunder, and if Owner, in connection therewith or in be under all the terms, covenants, conditions and provisions of connection with any default by Tenant in the covenant to pay this Lease, except the obligation to pay the fixed annual rent set rent hereunder, make any expenditures or incurs any obligations forth in page one ofthis Lease. for the payment of money, including but not limited to reasonable attorney's fees, in instituting, prosecuting or No Waiver: 24. The failure of Owner to seek redress for defending any actions or proceeding, and prevails in any such violation of; or to insist upon the strict performance of any action or proceeding, such sums so paid or obligations incurred covenant or condition of this Lease or of any of the Rules or with interest and costs shall be deemed to be additional rent Regulations set forth or hereafter adopted by Owner, shall not hereunder and shall be paid by Tenant to Owner within ten (10) prevent a subsequent act which would have originally constituted days of rendition of any bill or statement to Tenant therefore, and a violation from having all the force and effect of an original if Tenant's lease term shall have expired at the time of making of violation. The receipt by Owner of rent and/or additional rent such expenditures or incurring of such obligations, such sums with knowledge of the breach of any covenant of this Lease shall shall be recoverable by Owner as damages. not be deemed a waiver of such breach, and no provision of this Lease shall be deemed to have been waived by Owner unless No Representations by Owner: 20. Neither Owner nor such waiver be in writing signed by Owner. No payment by Owner's agent have made any representations or promises with Tenant or receipt by Owner of a lesser amount than the monthly respect to the physical condition of the building, the land upon rent herein stipulated shall be deemed to be other than on account which it is erected or the demised premises, the rents, leases, of the earliest stipulated rent, nor shall any endoisement or expenses of operation, or any other matter or thing affecting or statement of any check or any letter accompanying any check or related to the demised premises, except as herein expressly set payment as rent be deemed an accord and satisfaction,. and forth, and no rights, easements or licenses are acquired by Tenant Owner may accept such check or payment without prejudice to by implication or otherwise, except as expressly set forth in the Owner's right to recover the balance of such rent or pursue any provisions of this Lease. Tenant has inspected the building and other remedy in this Lease provided. No act or thing done by the demised premises and is thoroughly acquainted with their Owner or Owner's agents during the term hereby demised shall condition, and agrees to take the same "as-is", and acknowledges be deemed in acceptance of a surrender of the demised premises that the taking of possession of the demised premises by Tenant and no agreement to accept such surrender shall be valid unless shall be conclusive evidence that the said premises and the in writing signed by Owner. No employee of Owner or Owner's building of which the same form a part were in good and agent shall have any power to accept the keys of the demised satisfactory condition at the time such possession was so taken, premises prior to the termination of this Lease, and the delivery except as to latent defects. All understandings and agreements of keys to any such agent or employee shall not operate as a heretofore made between the parties hereto are merged in this termination ofthis Lease or a surrender ofthe demised premises. contrr, which alone fully and completely expresses the 4 INITIALS usl\users$kbloom\Mv Documents\TL Documents\Leases\16 Wect 14 Street Suite Min T rect.fnr Wert Vanity Calnn T lArnpnteril V i /7 1 d FILED: NEW YORK COUNTY CLERK 03/07/2024 04:09 PM INDEX NO. 651225/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/07/2024 Waiver of Trial by Jury: 25. It is mutually agreed by and on the first day of each month. Independently of, and in addition between owner and Tenant that the respective parties hereto shall to, any of the remedies reserved to Owner hereinabove or and they hereby do waive trial byjury in an action, proceeding or elsewhere in this Lease, Owner may sue for and collect any ones counterclaim brought by either of the parties hereto against the to be paid by Tenant or paid by Owner for any of the reasons or other (except for personal injury or property damage) on any purposes hereinabove set forth. See Addendum Article 50. matters whatsoever arising out of, or in any way connected with, this Lease, the relationship of Owner and Tenant, Tenant's use of Sprinklers: 29. Anything elsewhere in this Lease to the contrary or occupancy of this demised premises, and any emergency notwithstanding, if the New York Board of Fire Underwriters or statutory or any other statutory remedy. It is further mutually the Insurance Services Office, or any bureau, departmen