Preview
FILED: BRONX COUNTY CLERK 04/22/2024 09:22 AM INDEX NO. 806538/2024E
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024
Exhibit B
FILED: BRONX COUNTY CLERK 04/22/2024 09:22 AM INDEX NO. 806538/2024E
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024
FORM OF STORE LEASE
1'8882812 Off8ASB made as of this 9th day of January 2023, between
WPR PARTNERS LLC, having an office c/o COMJEM ASSOCIATES LTD, 1430 Broadway, Suite 1505, New York, New York
10018 party of the first part, hereinafter referred to as OWNER or LANDLORD, and ASTLEY GRAHAM, an individual, D/B/A
A&G JERK KITCHEN, having an address at 4367 White Plains Road, Bronx, NY 10466 party of the second part, hereinafter
referred to as TENANT,
128SS8 Owner hereby leases to Tenant and Tenant hereby hires from Owner the ground floor store premises and
partial basement thereunder
as presently demised located at 4367 White Plains Road, Bronx, NY (hereinafter sometimes referred
to as "Premises", "premises", "Demised Premises", or "demised premises") in the building known as 4363-4373 White Plains
"Building"
Road in the Borough of Bronx, City and State of New York (herein sometimes referred to as or "building"), for the
term of ten (10) Lease Years (as herein defined) or until such term shall sooner cease and expire as hereinafter provided to
commence on the Commencement Date (as herein defined), and to end oI the Expiration Date (as herein defined), both dates
inclusive, at the annual base rental rate as set forth in the Rider annexed hereto and forming a part hereof, which Tenant agrees to
pay in lawful money of the 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, without any setoff or deduction whatsoever, except that Tenant shall pay the first
monthly installment(s) on the execution hereof (unless this lease be a renewal).
In the event that, at the commencement of the term of this lease, or thereafter, Tenant shall be in default in the payment of
rent to Owner pursuant to the terms of another lease with Owner or with Owner's predecessor in interest, Owner may at Owner's
option and without notice to Tenant add the amount of such arrears to any monthly installment of rent payable hereunder and the
same shall be payable to Owner as additional rent.
The parties hereto, for themselves, their heirs, distributes, executors, administrators, legal representative, 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 premises as a restaurant
and for no other purpose. 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: removal. All property permitted or required to be removed by
3. Tenant shall make no changes in or to the premises of any Tenant at the end of the term remaining in the premises after
nature without Owner's prior written consent. Subject to the Tenant's removal shall be deemed abandoned and may, at the
prior written consent of Owner, and to the provisions of this election of Owner, either be retained as Owner's property or
article, Tenant, at Tenant's expense, may make alterations, may be removed from the premises by Owner at Tenant's
installations, additions or improvements which are expense.
nonstructural and which do not affect utility services or
plumbing and electrical lines, in or to the interior of the Repairs:
premises by using contractors or mechanics first approved in 4. Owner shall maintain and repair the public portions of the
each instance by Owner. Tenant
shall, making before
any building, both exterior and
interior, except that if Owner
alterations, additions, installations or improvements, at its allows Tenant to erect on the outside of the building a sign or
expense, obtain all permits, approvals and certificates required signs, or a hoist, lift or sidewalk elevator for the exclusive use
by any governmental or quasi-governmental bodies and (upon of Tenant, Tenant shall maintain such exterior installations in
completion) certificates of final approval thereof, and shall good appearance, shall cause the same to be operated in a
deliver promptly duplicates of all such permits, approvals and good and workmanlike manner, shall make all repairs thereto
certificates to Owner, and Tenant agrees to carry, and will necessary to keep same in good order and condition, at
cause Tenant's contractors and sub-contractors to carry, such Tenant's own cost and expense, and shall cause the same to be
worker's compensation, general liability, personal and property covered by the insurance provided for hereafter in Article 8.
damage insurance as Owner may require. If a mechanic's lien is Tennant shall, throughout the term
of the lease, take good care
filed against the premises, or the building of which the same of the premises and the fixtures and appurtenances therein,
forms a part, for work claimed to have done for, or materials and the sidewalks adjacent thereto, and at its sole cost and
furnished to, Tenant, whether or not done pursuant to this expense, make all non-structural repairs thereto as and when
article, the same shall by Tenant within
be discharged 30 days needed to preserve them in good working order and condition,
thereafter, at Tenants expense, by payment or filing a bond as reasonable wear and tear, obsolescence and damage from the
permitted by law. All fixtures and all paneling, partitions, elements, fire or other casualty, excepted. If the premises be
railings and like installations, installed in the premises at any or become infested with vermin, Tenant shall at Tenants
time, eitherby Tenant or by Owner on Tenants behalf, shall, expense, cause the same to be exterminated from time to time
upon installation, become the property of Owner and shall to the satisfaction of Owner. Except as specifically provided
remain upon and be surrendered with the premises unless in Article 9 or elsewhere in this lease, there shall be no
Owner, by notice to Tenant no later than
twenty days prior to allowance to the Tenant for the diminution of rental value and
the date fixed as the termination of
this lease, elects to no liability on the part of Owner
by reason of inconvenience,
relinquish Owner's rights thereto and to have them removed by annoyance or injury to business arising from Owner, Tenant
Tenant, in which event, the same shall be removed from the or others, making or failing to make any repairs, alterations,
premises by Tenant prior to the expiration of thelease, at additions or improvements in or to any portion of the
Tenants expense. Nothing in this article shall be construed to building, including the erection or operation of any crane,
give Owner title
to, or to prevent Tenants removal of, trade derrick or sidewalkshed, or in or to the premises or the
fixtures, moveable office furniture and equipment, but upon fixtures, appurtenances or equipment thereof. It is specifically
removal of same from the premises or upon removal of other agreed that Tenant shall be not entitled to any set off or
installations as may be required by Owner, Tenant shall reduction of rent by reason of any failure of Owner to comply
immediately and at its expense, repair and restore the premises with the covenants of this or any other article of this lease.
to the condition existing prior to any such installations, and Tenant agrees that Tenants sole remedy at law in such
repair any damage to the premises or the building due to such instance will be by way of an action for damages for breach of
FILED: BRONX COUNTY CLERK 04/22/2024 09:22 AM INDEX NO. 806538/2024E
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contract. The provisions of this Article 4 with respect to the same shall not have been remedied by Landlord with
making of repairs shall not apply in the case of fire or other reasonable diligence after written notice from the Tenant.
casualty, which are dealt with in Article 9 hereof. Owner or its agents will not be liable
for any such damage
caused by other tenants or persons
in, upon or about said
Window Cleaning: building, or caused by operations in construction of any
5. Tenant will not clean nor require, permit, suffer or allow any private, public or quasi public work. Tenant agrees, at
window in the premises to be cleaned from the outside in Tenants sole cost and expense, to maintain commercial
violation of Section 202 of the New York State Labor law or general liability insurance in standard form in favor of Owner
any other applicable law or of the Rules of the Board of and Tenant against claims for bodily injury or death or
Standards and Appeals, or of any other Board or body having or property damage occurring in or upon the premises, effective
asserting jurisdiction. from the date Tenant enters into possession of the premises
and during the term of this lease. Such insurance shall be in an
Requirements of Law, Fire Insurance: amount and with carriers acceptable to the Owner. Such
6. Prior to the commencement of the lease term, if Tenant is policy or policies shall be delivered to the Owner. On Tenants
then in possession, and at all times thereafter, Tenant, at default in obtaining or delivering any such policy or policies
Tenants sole cost and expense, shall promptly comply with all or failure to pay the charges therefore, Owner may secure or
present and future laws, orders and regulations of all state, pay the charges for any such policy or policies and charge the
federal, municipal and local governments, departments, Tenant as additional rent therefore. Tenant shall indemnify
commissions and boards and any direction of any public officer and save harmless Owner against and from all liabilities,
pursuant to law, and all orders, rules and regulations of the New obligations, damages, penalties, claims, costs and expenses for
York Board of Fire Underwriters or the Insurance Services which Owner shall not be reimbursed by insurance, including
attorneys'
Office, or any similar body which shall impose any violations, reasonable fees, paid, suffered or incurred as a
order or duty upon Owner or Tenant with respect to the result of any breach by Tenant, Tenant's agent, contractors,
premises, and with respect to the portion of the sidewalk employees, invitees, or licensees, of any covenant on
adjacent to the premises, if the premises are on the street level, condition of this lease or by the carelessness, negligence or
whether or not arising out of Tenants use or manner of use improper conduct of the Tenant, Tenant's agents, contractors,
thereof, or with respect to the building, if arising out of Tenants employees, invitees or licensees. Tenant's liability under this
use or manner of use of the premises or the building (including lease extends to the acts and omissions of any subtenant, and
the use permitted under the lease). Except as provided in any agent, contractor, employee, invitee or licensee of any
Article 29 hereof, nothing herein shall require Tenant to make subtenant. In case any action or proceeding is brought against
structural repairs or alterations unless Tenant has by its manner Owner by reason of any such claim, Tenant, upon written
of use of the demised premises or method of operation therein, notice from Owner, will, at Tenants expense, resist or defend
violated any such laws, ordinances, orders, rules, regulations or such action or proceeding by counsel approved by Owner in
requirements with respect thereto. Tenant shall not do or permit writing, such approval not to be unreasonably withheld.
any act or thing to be done in or to the premises which is
contrary to law, or which will invalidate or be in conflict with Destruction, Fire, and
public liability, fire or other policies of insurance at any time Other Casualty:
carried by or for the benefit of Owner, Tenant shall pay all 9. (a) If the premises or any part thereof shall be damaged by
costs, expenses, fines, penalties or damages, which may be fire or other casualty, Tenant shall give immediate notice
imposed upon Owner by reason of Tenant's failure to comply thereof to Owner and this lease shall continue in full force and
with the provisions of this article. If the fire insurance rate effect except as hereinafter set forth. (b) If the premises are
shall, at the beginning of the lease, or at any time thereafter, be partially damaged or rendered partially unusable by fire or
higher than it otherwise would be, then Tenant shall reimburse other casualty, the damages thereto shall be repaired by and at
Owner, as additional
rent hereunder, for that portion of all fire the expense of Owner, and the rent and other items of
insurance premiums thereafter paid by Owner which shall have additional rent, until such repair by Owner shall be
been charged because of such failure by Tenant, to comply with substantially completed, shall be apportioned
day from the
the terms of this article. In any action or proceeding wherein following the casualty according to the part of the premises
"makeup"
Owner and Tenant are parties, a schedule or of rate which is usable. (c) If the premises are totally damaged or
for the building or the premises issued
by a body making fire rendered wholly unusable by fire or other casualty, then the
insurance rates applicable to said premises shall be conclusive rent and other items of additional rent as hereinafter expressly
evidence of the facts therein stated and of the several items and provided shall be proportionately paid up to the time of the
charges in the fire insurance rate than applicable to said casualty and thenceforth shall cease until the date when the
premises. premises shall have been repaired
and restored by Owner (or
sooner reoccupied in part
by the Tenant then rent shall be
Subordination: apportioned as provided in subsection (b) above), subject to
7. This lease is subject and subordinate to all ground or Owner's right to elect not to restore the same as hereinafter
underlying leases and to all mortgages which may now or provided. (d) If the premises are rendered wholly unusable or
hereafter affect such leases or the real property of which the (whether or not the premises are damaged in whole or in part)
premises are a part, and to all renewals, modifications, if the building shall be so damaged that Owner shall decide to
consolidations, replacements and extensions of any such demolish it or to rebuild it, then, in any of such events, Owner
underlying leases and mortgages. This clause shall be self may elect to terminate this lease by written notice to Tenant
operative and no further instrument of subordination shall be given within 120 days after such fire or casualty or 30 days
required by any ground
underlying lessor or by any
or after adjustment of the insurance claim for such fire or
mortgagee, affecting any lease or the real property of which the casualty, whichever is later, specifying a date for the
premises are a part. In confirmation of such subordination, expiration of the lease, and upon the date specified in such
Tenant shall from time to time execute promptly any certificate notice the term of this lease shall expire as fully and
that Owner may request. completely as if such date were the date set forth above for the
termination of this lease and Tenant shall forthwith quit,
Tenant's Liability Insurance surrender and vacate the premises without prejudice however,
Property Loss, Damage, Indemnity: to Owner's rights and remedies against Tenant under the lease
8. Owner or its agents shall not be liable for any damage to provisions in effect prior to such
termination, and any rent
property of Tenant or of others entrusted to employees of the owing shall be paid up to such date and any payments of rent
building, nor for loss of, or damage to, any property of Tenant made by Tenant which were on account of any period
by theft or other wise, nor for any injury or damage to persons subsequent to such date shall be returned to Tenant. Unless
or property resulting from any cause of whatsoever nature, Owner shall serve a termination notice as provided for herein,
unless caused by or due to the gross negligence or willful Owner shall make the repairs and restorations under the
misconduct of Owner, its agents, servants or employees and the conditions of (b) and (c) hereof, with all reasonable expedition
FILED: BRONX COUNTY CLERK 04/22/2024 09:22 AM INDEX NO. 806538/2024E
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024
subject to delays due to adjustment of insurance claims, labor hereto. Tenant covenants and agrees that at all times its use of
troubles and causes beyond Owner's After
control. any such electric current shall not exceed
capacity the
existing of
casualty, Tenant shall cooperate with Owner's restoration by feeders to the building or the risers or wiring installation, and
removing from the premises as promptly as reasonably Tenant may not use any electrical equipment which, in
possible, all of Tenant's
salvageable inventory and movable Owner's opinion, reasonable exercised, will overload such
equipment, furniture, and other property. Tenant's liability for installations or interfere with the use thereof by other tenants
rent shall resume five (5) days after written notice from Owner of the building. The change at any time of the character of
that the premises are substantially ready for Tenant's electric service shall in no way make Owner liable or
occupancy. (e) Nothing contained hereinabove shall relieve responsible to Tenant, for any loss, damages or expenses
Tenant from liability that may exist as a result of damage from which Tenant may sustain.
fire or other casualty. Notwithstanding the foregoing, including
Owner's obligation to restore under
above, subparagraph (b) Access to Premises:
each party shall look first
to any insurance before in its favor 13. Owner or Owner's agents shall have the right (but shall not
making any claim against the other party for recovery for loss be obligated) to enter the premises in any emergency at any
or damage resulting from fire or other casualty, and to the time, and, at other reasonable times, to examine the same and
extent that such insurance is in force and collectible, and to the to make such repairs, replacements and improvements as
extent permitted by law, Owner and Tenant each hereby Owner may deem necessary and reasonably desirable to any
releases and waives recoveryall right
with of
respect to portion of the building or which Owner may elect to perform,
subparagraphs (b), (d) and (e) above, against the other, or in the premises, following Tenant's failure to make repairs or
anyone claiming through or under each of them by way of perform any work which Tenant is obligated to perform under
subrogation or otherwise. The release and waiver herein this lease, or for the purpose of
complying with laws,
referred to shall be deemed to include any loss or damage to the regulations and other directions of governmental authorities.
premises and/or to any personal property, equipment, trade Tenant shall permit Owner to use and maintain and replace
fixtures, goods and merchandise located therein. The foregoing pipes and conduits in and through the premises and to erect
releasors'
release and waiver shall be in force only if both new pipes, ducts, and conduits therein, provided they are
insurance policies contain a clause providing that such a release concealed within the walls, floors or ceiling, wherever
or waiver shall not invalidate the insurance. Tenant practicable. Owner
may, during the progress of any work in
acknowledges that Owner
not carry insurance will
on Tenant's the premises, take all necessary materials and equipment into
furniture and/or furnishings or any fixtures or equipment, said premises without the same constituting an eviction, nor
improvements, or appurtenances removable by Tenant, and shall the Tenant be entitled to any abatement of rent while
agrees that Owner will not be obligated to repair any damage such work is in progress, nor to any damages by reason of loss
thereto or replace (f) the same.
hereby Tenant waives the or interruption of business or otherwise. Throughout the term
provisions of Section 227 of the Real Property Law and agrees hereof Owner shall have the right to enter the premises at
that the provisions of this article shall govern and control in lieu reasonable hours for the purpose of showing the same to
thereof. prospective purchasers or mortgagees of the building, and
during the last six months of the term for the purpose of
Eminent Domain: showing the same to prospective tenants, and may, during said
10. If the whole or any part of the premises shall be acquired or six months period, place upon the premises the usual notice
Let"
condemned by Eminent Domain for any public or quasi public "to and "For Sale", which notices Tenant shall permit to
use or purpose, then and in that event, the term of this lease remain thereon without molestation. If Tenant is not present to
shall cease and terminate from the date of title vesting in such open and permit an entry into the premises, Owner or Owner's
proceeding, and Tenant shall have no claim for the value of any agents may enter the same whenever such entry may be
unexpired tern of said lease. Tenant shall have the right to make necessary or permissible, by master key or forcibly, and
an independent claim to the condemning authority for the value provided reasonable care is exercised to safeguard Tenant's
of Tenant's
moving expenses and personal property, trade property, such entry shall not render owner or its agents liable
fixtures and equipment, provided Tenant is entitled pursuant to therefore, nor in any event shall the obligations of Tenant
the terms of the lease to remove
such property, trade fixtures hereunder be affected. during If
the last month of the term
and equipment at the end of the term, and provided further such Tenant shall have removed
all or substantially all of Tenant's
claim does not reduce Owner's award. property therefrom, Owner may immediately enter, alter,
renovate or redecorate the premises without limitation or
Assignment, Mortgage, Etc.: abatement of rent, or incurring liability to Tenant for any
11. Tenant, for itself, its heirs, distributees, executors, compensation, and such act shall have no effect on this lease
administrators, legal representatives, successors and assigns or Tenant's obligations hereunder. Owner shall have the right
expressly covenants that it shall not assign, mortgage or at any time, without the same constituting an eviction and
encumber this
agreement, nor underlet, or permit the or suffer without incurring liability to Tenant therefore, to change the
premises or any part thereof to be used by others, without the arrangement and/or location of public
entrances, passageways,
prior written consent of Owner in each instance. Transfer of the doors, doorways, corridors, elevators, stairs, toilets or other
majority of the stock of a corporate tenant or the majority public parts of the building, and to change the name, number
interest in any partnership or other legal entity which is tenant or designation by which the building may be known.
shall be deemed an assignment. If this lease be assigned, or if
the premises or any part thereof be underlet or occupied by Vault, Vault Space, Area:
anybody other than Tenant, Owner may, after default by 14. No vaults, vault space or area, whether or not enclosed or
Tenant, collect rent from the assignee, under-tenant or covered, not within the property line of the building, is leased
occupant, and apply the net amount collected to the rent herein hereunder, anything contained in or indicated on any sketch,
reserved, but no such assignment, underletting occupancy or blue print or plan, or anything contained elsewhere in this
collection shall be deemed a waiver of the covenant, or the lease to the contrary notwithstanding. Owner makes no
acceptance of the assignee, under-tenant or occupant as tenant, representation as to the location of the property line of the
or a release of Tenant from
Preview
FILED: BRONX COUNTY CLERK 04/22/2024 09:22 AM INDEX NO. 806538/2024E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024 Exhibit B FILED: BRONX COUNTY CLERK 04/22/2024 09:22 AM INDEX NO. 806538/2024E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024 FORM OF STORE LEASE 1'8882812 Off8ASB made as of this 9th day of January 2023, between WPR PARTNERS LLC, having an office c/o COMJEM ASSOCIATES LTD, 1430 Broadway, Suite 1505, New York, New York 10018 party of the first part, hereinafter referred to as OWNER or LANDLORD, and ASTLEY GRAHAM, an individual, D/B/A A&G JERK KITCHEN, having an address at 4367 White Plains Road, Bronx, NY 10466 party of the second part, hereinafter referred to as TENANT, 128SS8 Owner hereby leases to Tenant and Tenant hereby hires from Owner the ground floor store premises and partial basement thereunder as presently demised located at 4367 White Plains Road, Bronx, NY (hereinafter sometimes referred to as "Premises", "premises", "Demised Premises", or "demised premises") in the building known as 4363-4373 White Plains "Building" Road in the Borough of Bronx, City and State of New York (herein sometimes referred to as or "building"), for the term of ten (10) Lease Years (as herein defined) or until such term shall sooner cease and expire as hereinafter provided to commence on the Commencement Date (as herein defined), and to end oI the Expiration Date (as herein defined), both dates inclusive, at the annual base rental rate as set forth in the Rider annexed hereto and forming a part hereof, which Tenant agrees to pay in lawful money of the 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, without any setoff or deduction whatsoever, except that Tenant shall pay the first monthly installment(s) on the execution hereof (unless this lease be a renewal). In the event that, at the commencement of the term of this lease, or thereafter, Tenant shall be in default in the payment of rent to Owner pursuant to the terms of another lease with Owner or with Owner's predecessor in interest, Owner may at Owner's option and without notice to Tenant add the amount of such arrears to any monthly installment of rent payable hereunder and the same shall be payable to Owner as additional rent. The parties hereto, for themselves, their heirs, distributes, executors, administrators, legal representative, 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 premises as a restaurant and for no other purpose. 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: removal. All property permitted or required to be removed by 3. Tenant shall make no changes in or to the premises of any Tenant at the end of the term remaining in the premises after nature without Owner's prior written consent. Subject to the Tenant's removal shall be deemed abandoned and may, at the prior written consent of Owner, and to the provisions of this election of Owner, either be retained as Owner's property or article, Tenant, at Tenant's expense, may make alterations, may be removed from the premises by Owner at Tenant's installations, additions or improvements which are expense. nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the Repairs: premises by using contractors or mechanics first approved in 4. Owner shall maintain and repair the public portions of the each instance by Owner. Tenant shall, making before any building, both exterior and interior, except that if Owner alterations, additions, installations or improvements, at its allows Tenant to erect on the outside of the building a sign or expense, obtain all permits, approvals and certificates required signs, or a hoist, lift or sidewalk elevator for the exclusive use by any governmental or quasi-governmental bodies and (upon of Tenant, Tenant shall maintain such exterior installations in completion) certificates of final approval thereof, and shall good appearance, shall cause the same to be operated in a deliver promptly duplicates of all such permits, approvals and good and workmanlike manner, shall make all repairs thereto certificates to Owner, and Tenant agrees to carry, and will necessary to keep same in good order and condition, at cause Tenant's contractors and sub-contractors to carry, such Tenant's own cost and expense, and shall cause the same to be worker's compensation, general liability, personal and property covered by the insurance provided for hereafter in Article 8. damage insurance as Owner may require. If a mechanic's lien is Tennant shall, throughout the term of the lease, take good care filed against the premises, or the building of which the same of the premises and the fixtures and appurtenances therein, forms a part, for work claimed to have done for, or materials and the sidewalks adjacent thereto, and at its sole cost and furnished to, Tenant, whether or not done pursuant to this expense, make all non-structural repairs thereto as and when article, the same shall by Tenant within be discharged 30 days needed to preserve them in good working order and condition, thereafter, at Tenants expense, by payment or filing a bond as reasonable wear and tear, obsolescence and damage from the permitted by law. All fixtures and all paneling, partitions, elements, fire or other casualty, excepted. If the premises be railings and like installations, installed in the premises at any or become infested with vermin, Tenant shall at Tenants time, eitherby Tenant or by Owner on Tenants behalf, shall, expense, cause the same to be exterminated from time to time upon installation, become the property of Owner and shall to the satisfaction of Owner. Except as specifically provided remain upon and be surrendered with the premises unless in Article 9 or elsewhere in this lease, there shall be no Owner, by notice to Tenant no later than twenty days prior to allowance to the Tenant for the diminution of rental value and the date fixed as the termination of this lease, elects to no liability on the part of Owner by reason of inconvenience, relinquish Owner's rights thereto and to have them removed by annoyance or injury to business arising from Owner, Tenant Tenant, in which event, the same shall be removed from the or others, making or failing to make any repairs, alterations, premises by Tenant prior to the expiration of thelease, at additions or improvements in or to any portion of the Tenants expense. Nothing in this article shall be construed to building, including the erection or operation of any crane, give Owner title to, or to prevent Tenants removal of, trade derrick or sidewalkshed, or in or to the premises or the fixtures, moveable office furniture and equipment, but upon fixtures, appurtenances or equipment thereof. It is specifically removal of same from the premises or upon removal of other agreed that Tenant shall be not entitled to any set off or installations as may be required by Owner, Tenant shall reduction of rent by reason of any failure of Owner to comply immediately and at its expense, repair and restore the premises with the covenants of this or any other article of this lease. to the condition existing prior to any such installations, and Tenant agrees that Tenants sole remedy at law in such repair any damage to the premises or the building due to such instance will be by way of an action for damages for breach of FILED: BRONX COUNTY CLERK 04/22/2024 09:22 AM INDEX NO. 806538/2024E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024 contract. The provisions of this Article 4 with respect to the same shall not have been remedied by Landlord with making of repairs shall not apply in the case of fire or other reasonable diligence after written notice from the Tenant. casualty, which are dealt with in Article 9 hereof. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said Window Cleaning: building, or caused by operations in construction of any 5. Tenant will not clean nor require, permit, suffer or allow any private, public or quasi public work. Tenant agrees, at window in the premises to be cleaned from the outside in Tenants sole cost and expense, to maintain commercial violation of Section 202 of the New York State Labor law or general liability insurance in standard form in favor of Owner any other applicable law or of the Rules of the Board of and Tenant against claims for bodily injury or death or Standards and Appeals, or of any other Board or body having or property damage occurring in or upon the premises, effective asserting jurisdiction. from the date Tenant enters into possession of the premises and during the term of this lease. Such insurance shall be in an Requirements of Law, Fire Insurance: amount and with carriers acceptable to the Owner. Such 6. Prior to the commencement of the lease term, if Tenant is policy or policies shall be delivered to the Owner. On Tenants then in possession, and at all times thereafter, Tenant, at default in obtaining or delivering any such policy or policies Tenants sole cost and expense, shall promptly comply with all or failure to pay the charges therefore, Owner may secure or present and future laws, orders and regulations of all state, pay the charges for any such policy or policies and charge the federal, municipal and local governments, departments, Tenant as additional rent therefore. Tenant shall indemnify commissions and boards and any direction of any public officer and save harmless Owner against and from all liabilities, pursuant to law, and all orders, rules and regulations of the New obligations, damages, penalties, claims, costs and expenses for York Board of Fire Underwriters or the Insurance Services which Owner shall not be reimbursed by insurance, including attorneys' Office, or any similar body which shall impose any violations, reasonable fees, paid, suffered or incurred as a order or duty upon Owner or Tenant with respect to the result of any breach by Tenant, Tenant's agent, contractors, premises, and with respect to the portion of the sidewalk employees, invitees, or licensees, of any covenant on adjacent to the premises, if the premises are on the street level, condition of this lease or by the carelessness, negligence or whether or not arising out of Tenants use or manner of use improper conduct of the Tenant, Tenant's agents, contractors, thereof, or with respect to the building, if arising out of Tenants employees, invitees or licensees. Tenant's liability under this use or manner of use of the premises or the building (including lease extends to the acts and omissions of any subtenant, and the use permitted under the lease). Except as provided in any agent, contractor, employee, invitee or licensee of any Article 29 hereof, nothing herein shall require Tenant to make subtenant. In case any action or proceeding is brought against structural repairs or alterations unless Tenant has by its manner Owner by reason of any such claim, Tenant, upon written of use of the demised premises or method of operation therein, notice from Owner, will, at Tenants expense, resist or defend violated any such laws, ordinances, orders, rules, regulations or such action or proceeding by counsel approved by Owner in requirements with respect thereto. Tenant shall not do or permit writing, such approval not to be unreasonably withheld. any act or thing to be done in or to the premises which is contrary to law, or which will invalidate or be in conflict with Destruction, Fire, and public liability, fire or other policies of insurance at any time Other Casualty: carried by or for the benefit of Owner, Tenant shall pay all 9. (a) If the premises or any part thereof shall be damaged by costs, expenses, fines, penalties or damages, which may be fire or other casualty, Tenant shall give immediate notice imposed upon Owner by reason of Tenant's failure to comply thereof to Owner and this lease shall continue in full force and with the provisions of this article. If the fire insurance rate effect except as hereinafter set forth. (b) If the premises are shall, at the beginning of the lease, or at any time thereafter, be partially damaged or rendered partially unusable by fire or higher than it otherwise would be, then Tenant shall reimburse other casualty, the damages thereto shall be repaired by and at Owner, as additional rent hereunder, for that portion of all fire the expense of Owner, and the rent and other items of insurance premiums thereafter paid by Owner which shall have additional rent, until such repair by Owner shall be been charged because of such failure by Tenant, to comply with substantially completed, shall be apportioned day from the the terms of this article. In any action or proceeding wherein following the casualty according to the part of the premises "makeup" Owner and Tenant are parties, a schedule or of rate which is usable. (c) If the premises are totally damaged or for the building or the premises issued by a body making fire rendered wholly unusable by fire or other casualty, then the insurance rates applicable to said premises shall be conclusive rent and other items of additional rent as hereinafter expressly evidence of the facts therein stated and of the several items and provided shall be proportionately paid up to the time of the charges in the fire insurance rate than applicable to said casualty and thenceforth shall cease until the date when the premises. premises shall have been repaired and restored by Owner (or sooner reoccupied in part by the Tenant then rent shall be Subordination: apportioned as provided in subsection (b) above), subject to 7. This lease is subject and subordinate to all ground or Owner's right to elect not to restore the same as hereinafter underlying leases and to all mortgages which may now or provided. (d) If the premises are rendered wholly unusable or hereafter affect such leases or the real property of which the (whether or not the premises are damaged in whole or in part) premises are a part, and to all renewals, modifications, if the building shall be so damaged that Owner shall decide to consolidations, replacements and extensions of any such demolish it or to rebuild it, then, in any of such events, Owner underlying leases and mortgages. This clause shall be self may elect to terminate this lease by written notice to Tenant operative and no further instrument of subordination shall be given within 120 days after such fire or casualty or 30 days required by any ground underlying lessor or by any or after adjustment of the insurance claim for such fire or mortgagee, affecting any lease or the real property of which the casualty, whichever is later, specifying a date for the premises are a part. In confirmation of such subordination, expiration of the lease, and upon the date specified in such Tenant shall from time to time execute promptly any certificate notice the term of this lease shall expire as fully and that Owner may request. completely as if such date were the date set forth above for the termination of this lease and Tenant shall forthwith quit, Tenant's Liability Insurance surrender and vacate the premises without prejudice however, Property Loss, Damage, Indemnity: to Owner's rights and remedies against Tenant under the lease 8. Owner or its agents shall not be liable for any damage to provisions in effect prior to such termination, and any rent property of Tenant or of others entrusted to employees of the owing shall be paid up to such date and any payments of rent building, nor for loss of, or damage to, any property of Tenant made by Tenant which were on account of any period by theft or other wise, nor for any injury or damage to persons subsequent to such date shall be returned to Tenant. Unless or property resulting from any cause of whatsoever nature, Owner shall serve a termination notice as provided for herein, unless caused by or due to the gross negligence or willful Owner shall make the repairs and restorations under the misconduct of Owner, its agents, servants or employees and the conditions of (b) and (c) hereof, with all reasonable expedition FILED: BRONX COUNTY CLERK 04/22/2024 09:22 AM INDEX NO. 806538/2024E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024 subject to delays due to adjustment of insurance claims, labor hereto. Tenant covenants and agrees that at all times its use of troubles and causes beyond Owner's After control. any such electric current shall not exceed capacity the existing of casualty, Tenant shall cooperate with Owner's restoration by feeders to the building or the risers or wiring installation, and removing from the premises as promptly as reasonably Tenant may not use any electrical equipment which, in possible, all of Tenant's salvageable inventory and movable Owner's opinion, reasonable exercised, will overload such equipment, furniture, and other property. Tenant's liability for installations or interfere with the use thereof by other tenants rent shall resume five (5) days after written notice from Owner of the building. The change at any time of the character of that the premises are substantially ready for Tenant's electric service shall in no way make Owner liable or occupancy. (e) Nothing contained hereinabove shall relieve responsible to Tenant, for any loss, damages or expenses Tenant from liability that may exist as a result of damage from which Tenant may sustain. fire or other casualty. Notwithstanding the foregoing, including Owner's obligation to restore under above, subparagraph (b) Access to Premises: each party shall look first to any insurance before in its favor 13. Owner or Owner's agents shall have the right (but shall not making any claim against the other party for recovery for loss be obligated) to enter the premises in any emergency at any or damage resulting from fire or other casualty, and to the time, and, at other reasonable times, to examine the same and extent that such insurance is in force and collectible, and to the to make such repairs, replacements and improvements as extent permitted by law, Owner and Tenant each hereby Owner may deem necessary and reasonably desirable to any releases and waives recoveryall right with of respect to portion of the building or which Owner may elect to perform, subparagraphs (b), (d) and (e) above, against the other, or in the premises, following Tenant's failure to make repairs or anyone claiming through or under each of them by way of perform any work which Tenant is obligated to perform under subrogation or otherwise. The release and waiver herein this lease, or for the purpose of complying with laws, referred to shall be deemed to include any loss or damage to the regulations and other directions of governmental authorities. premises and/or to any personal property, equipment, trade Tenant shall permit Owner to use and maintain and replace fixtures, goods and merchandise located therein. The foregoing pipes and conduits in and through the premises and to erect releasors' release and waiver shall be in force only if both new pipes, ducts, and conduits therein, provided they are insurance policies contain a clause providing that such a release concealed within the walls, floors or ceiling, wherever or waiver shall not invalidate the insurance. Tenant practicable. Owner may, during the progress of any work in acknowledges that Owner not carry insurance will on Tenant's the premises, take all necessary materials and equipment into furniture and/or furnishings or any fixtures or equipment, said premises without the same constituting an eviction, nor improvements, or appurtenances removable by Tenant, and shall the Tenant be entitled to any abatement of rent while agrees that Owner will not be obligated to repair any damage such work is in progress, nor to any damages by reason of loss thereto or replace (f) the same. hereby Tenant waives the or interruption of business or otherwise. Throughout the term provisions of Section 227 of the Real Property Law and agrees hereof Owner shall have the right to enter the premises at that the provisions of this article shall govern and control in lieu reasonable hours for the purpose of showing the same to thereof. prospective purchasers or mortgagees of the building, and during the last six months of the term for the purpose of Eminent Domain: showing the same to prospective tenants, and may, during said 10. If the whole or any part of the premises shall be acquired or six months period, place upon the premises the usual notice Let" condemned by Eminent Domain for any public or quasi public "to and "For Sale", which notices Tenant shall permit to use or purpose, then and in that event, the term of this lease remain thereon without molestation. If Tenant is not present to shall cease and terminate from the date of title vesting in such open and permit an entry into the premises, Owner or Owner's proceeding, and Tenant shall have no claim for the value of any agents may enter the same whenever such entry may be unexpired tern of said lease. Tenant shall have the right to make necessary or permissible, by master key or forcibly, and an independent claim to the condemning authority for the value provided reasonable care is exercised to safeguard Tenant's of Tenant's moving expenses and personal property, trade property, such entry shall not render owner or its agents liable fixtures and equipment, provided Tenant is entitled pursuant to therefore, nor in any event shall the obligations of Tenant the terms of the lease to remove such property, trade fixtures hereunder be affected. during If the last month of the term and equipment at the end of the term, and provided further such Tenant shall have removed all or substantially all of Tenant's claim does not reduce Owner's award. property therefrom, Owner may immediately enter, alter, renovate or redecorate the premises without limitation or Assignment, Mortgage, Etc.: abatement of rent, or incurring liability to Tenant for any 11. Tenant, for itself, its heirs, distributees, executors, compensation, and such act shall have no effect on this lease administrators, legal representatives, successors and assigns or Tenant's obligations hereunder. Owner shall have the right expressly covenants that it shall not assign, mortgage or at any time, without the same constituting an eviction and encumber this agreement, nor underlet, or permit the or suffer without incurring liability to Tenant therefore, to change the premises or any part thereof to be used by others, without the arrangement and/or location of public entrances, passageways, prior written consent of Owner in each instance. Transfer of the doors, doorways, corridors, elevators, stairs, toilets or other majority of the stock of a corporate tenant or the majority public parts of the building, and to change the name, number interest in any partnership or other legal entity which is tenant or designation by which the building may be known. shall be deemed an assignment. If this lease be assigned, or if the premises or any part thereof be underlet or occupied by Vault, Vault Space, Area: anybody other than Tenant, Owner may, after default by 14. No vaults, vault space or area, whether or not enclosed or Tenant, collect rent from the assignee, under-tenant or covered, not within the property line of the building, is leased occupant, and apply the net amount collected to the rent herein hereunder, anything contained in or indicated on any sketch, reserved, but no such assignment, underletting occupancy or blue print or plan, or anything contained elsewhere in this collection shall be deemed a waiver of the covenant, or the lease to the contrary notwithstanding. Owner makes no acceptance of the assignee, under-tenant or occupant as tenant, representation as to the location of the property line of the or a release of Tenant from