Preview
FILED: WESTCHESTER COUNTY CLERK 05/02/2024 03:47 PM INDEX NO. 61577/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/02/2024
7/04
STANDARD FORM OF STORE LEASE
The Real Estate Board of New York, Inc.
Agreernent o LeaSe, made as of this Ê day of August, 2020 between 29 COURT STREET
VENTURE, having its principal office at c/o Minskoff Grant Realty & Management Corp, 55 Church Street, Suite #207, White Plains,
NY 10601, party of the first part hereinafter referred to as OWNER, and MCCL, INC., a New York corporation, d /a "Addicted to
Ink", having an address of 38 Westchester Avenue, White Plains, NY 10601, party of the second part, hereinafter referred to as
TENANT.
WitnBSSeth: owner hereby leases to Tenant and Tenant hereby hires from Owner that certain street level
store space and basement space underneath same known as 29 Court Street as approximately shown on Exhibit ", annexed hereto and
Premises"
made part hereof ("Demised or "demised premises"), in the building ("Building") known, collectively, as 23-29 Court Street,
White Plains, New York, for a term ("Term") of Ten (10) year's, Three (3) months (or until such term may sooner cease and expire as
hereinafter provided) to commence, subject to the provisions of Article 49 hereof, on January 1, 2021 ("Commencement Date"), and to
end on March 31, 203 1 ("Expiration Date"), both dates inclusive, at annual rental rates ("Fixed Rent") as set forth in Article "63", which
Fixed Rent shall be payable at the offices of Owner or such other place as Owner may designate, without any setoff or deduction
whatever, except that Tenant shall pay the first (1st) full monthly installment of Fixed Rent on execution hereof as set forth in said Article
63.
The parties hereto, for themselves, their heirs, distributees, executors, administrators, legal representatives, successors, and
assigns, hereby covenant as follows:
Rent L Tenant shall pay the rent as above and hereinafter provided.
Occupancy 2. Tenant shall use and occupy the demised premises for a tattoo and piercing studio only open to the general
public 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: 3. Tenant shall make no changes in or to the the fixtures and appurtenancestherein. andthe sidewalks adjacentthereto,
demisedpremisesof any nature without Owner's and at its sole cost and expense,make all non-stmetural repairs thereto as
prior written consent. Subject to the prior written consent of Owner, and and when neededto preservethem in good working order and condition,
to the provisions of this atticle, Tenant. at Tenant's expense, may make reasonable wear and tear, obsolescence and damage from the elements,
alterations, installations, additions or improvements which are non- fire or other casualty, excepted. If the demised premises be or become
structural, and which do not affect utility services or plumbing and infested with vermin, Tenant shall at Tenant's expense, causethe same to
electrical lines, in or to the interior of the demised premises by using be exterminated from time to time to the satisfaction of Owner. Except as
contractors or mechanics first approved in eachinstance by Owner. Tenant specifically provided in Article 9 or elsewhem in this lease, there shall be
shall, before making any alterations, additions, installations or no allowance to the Tenant for the diminution of rental value and no
improvements, at its expense,obtain all permits, approvals and certificates liability on the part of Owner by reason of inconvenience, annoyance or
required by any governmental or quasi-govemmental bodies and (upon mjury to busmessansing from Owner, Tenant or others, making or failing
completion) certificates of final approval thereof, and shall deliver to make any repairs, alterations, additions or improvements m or to any
promptly duplicates of all such permits, approvals and certificates to portion of the building, including the erection or operation of any crane,
Owner, and Tenantagreesto cany, and will causeTenants contractors and derrick or sidewalk shed, or in or to the demised premises or the fixtures,
sub-contractors to cany, such worker's compensation, commercial general appurtenancesor equipment thereof. It is specifically agreed that Tenant
liability, personal and property damage insurance as Owner may require. shall be not entitled to any set off or reduction of rent by mason of any
If an mechanic's lien is filed against the demised premises, or the building failure of Owner to comply with the covenants of this or any other article
of which the same forms a part, for work claimed to have been done for. of this lease. Tenant agrees that Tenants sole remedy at law in such
or materials fumished to, Tenant, whether or not done pursuant to this instance will be by way of an action for damagesfor beach of contract.
article, the same shall be discharged by Tenant within 30 days thereafter The provisions of this Article 4 with respectto the making of repairs shall
at Tenants expense,by payment or filing a bond as permitted by law. All not apply in the case of fire or other casualty, which are dealt with in
fixtures and all paneling, partitions, railings and like installations, installed Article 9 hereof.
in the demised premises at any time, either by Tenant or by Owner on
Tenants behalf shall, upon installation, become the property of Owner Window 5. Tenant will not clean nor require, permit,
and shall remain upon and be surrendered with the demised premises Cleaning: suffer or allow any window in the demised
unless Owner, by notice to Tenant no later than twenty days prior to the premises to be cleaned from the outside in
date fixed as the termination of this lease, elects to relinquish Owner's violation of Section 202 of the New York State Labor law or any other
rights thereto and to have them removed by Tenant, in which event, the applicable law or of the Rules of the Board of Standardsand Appeals, or
same shall be removed from the demised premises by Tenant prior to the of any other Board or body having or assertingjurisdiction.
expiration of the lease,at Tenants expense.Nothing in this article shall be
construed to give Owner title to, or to prevent Tenants removal of, trade Requirements 6. Prior to the commencement of the leaseterm,
fixtures, moveable office furniture and equipment, but upon removal of of Law, Fire if Tenant is then in possession, and at all times
samefrom the demised premises or upon removal of other installations as Insurance: thereafter, Tenant, at Tenants sole cost and
may be required by Owner, Tenant shall immediately and at its expense, expense, shall promptly comply with all present
repair and restore the demised premises to the condition existing prior to and future laws, orders and regulations of all state,federal, municipal and
any such installations and repair any damage to the demised premises or local governments, departments, commissions and boards and any
the building due to such removal. All property permitted or required to be direction of any public officer pursuant to law, and all orders, rules and
removed by Tenant at the end of the term remaining in the demised regulations of the New York Board of Fire Underwriters or the Insurance
premises after Tenants removal shall be deemed abandonedand may, at Services Office, or any similar body which shall impose any violations,
the election of Owner, either be retained as Owne‘s property or may be order or duty upon Owner or Tenantwith respectto the demised premises,
removed from the demised premises by Owner at Tenants expense. and with respect to the portion of the sidewalk adjacent to the demised
premises, if the demised premises are on the street level, whether or not
Repairs: 4. Owner shall maintain and repair the public arising out of Tenant'suse or manner of use thereof, or with respectto the
portions of the building, both exterior and building, if arising out of Tenants use or manner of use of the demised
interior, except that if Owner allows Tenant to erect on the outside of the premises or the building (including the use permitted under the lease).
building a sign or signs, or a hoist. lift or sidewalk elevator for the Except as provided in Article 29 hereof, nothing herein shall require
exclusive use of Tenant, Tenant shall maintain such exterior installations Tenant to make structural repairs or alterations unless Tenant has by its
in good appearance, shall cause the same to be operated in a good and manner of use of the demised premises or method of operation therein,
workmanlike manner, shall make all repairs thereto necessary to keep violated any such laws, ordinances, orders, rules, regulations or
same in good order and condition, at Tenants own cost and expense, and requirements with respecttherete. Tenantshall not do or permit any act or
shall causethe sameto be covered by the insuranceprovided for hereafter thing to be done in or to the demised premises which is contrary to law, or
in Article 8. Tenant shall, throughout the term of the lease, take good care which will invalidate or be in conflict with public liability, fire or other
of the demisedpremises (including, without limitation, the storefront) and policies of insuranceat any time carried by or for the benefit of Owner, or
FILED: WESTCHESTER COUNTY CLERK 05/02/2024 03:47 PM INDEX NO. 61577/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/02/2024
which shall or miaht subject Owner to any liability or responsibility to any casualty. Notwithstanding anything contained to the contrary in
person. or for property damage. Tenant shall pay all costs,expenses,fnes, subdivisions (a) through (e) hereof, includmg Owner-s oodgation to
penalties or damages whicif may be imnosed uoon Owner by reason of restore under subparagraph (b) above, each party shall look first to any
Tenants failure to comply with the pro isions of this articleZ If the fire insurance in its favor before making any claim against the other party for
insurance rate shall. at the beginning of the lease,or at any time fnereafter, recovery for loss or damage resulting from fire or other casualty, ana to the
be higher than it otherwise would be, then Tenant shall reimburse Owner, extent that such insurance is in force and collectrole, and to ine extent
as additional rent hereunder,forthat15ortion of all fire insurancepremiums permitted by law, Owner and Tenant each hereby releasesano waives all
thereafter paid by Owner which shall have been charged becauseof such right of recovezy with respect to subparagralins (b), (d) and (e) above,
failure by Tenant, to comply with the terms of this article. In any action against the other, or any one claiming through or under each of them by
or proceeding wherein Owner and Tenant are parties, a scheduleor "rnake- way of subrogation or otherwise. Tne releaseand waiver herem referrea to
uf of rate for the building or the demised premises issued by a body shall be deemed to include any loss or damage to the demised premises
malong fire insurance rates applicable to said demised premises shall be and/or to any personal property, equipment, trade fixtures, goods and
conclusive evidence of the facts therein statedand of the several items and merchandise located theren The foregomg releaseand waiver shall be in
releasors'
chargesinthe fire insuranceratefnan applicable to said demisedpremises force only if both insurance policies contain a clause providing
that such a release or waiver shall not invalidate the insurance.Tenant
Sub. 7. This lease is subject and subordinate to all acknowledges that Owner will not cany insurance on Tenants furniture
ordina tion: ground or underlying leasesand to all mortgages and/or fumishings or any fixtures or eqmpment, improvements, or
which may now or hereafter affect suchleasesor appmtenancesremovable by Tenant, and agreesthat Owner will not be
the real property of which the demised premises are a part and to all obligated to repair any damage thereto or replace the same. (f) Tenant
renewals, modifications, consolidations, replacements and extensions of hereby waives the provisions of Section 227 of the Real Property Law and
self- agreesthat the provisions of this ardcle shall govem and control m heu
any such underlying leases and mortgages, This clause shall be
operative, and no forther instrument of subordination shall be required by thereof
any ground or underlying lessor or by any mortgagee, affecting any lease
or the real property of which the demised premises are a part In Eminent 10. If the whole or any part of ine demised
confirmation of such subordination, Tenantshall 2om time to time execute Domain: premises shaII be accu1red or condemned cy
promotly any certificate that Owner may request Eminent Domain for any public or quasi-public
use or ouroose-fnen and in that event, the term of this leaseshall ceaseand
Tenant's 8. Owner or its agents shall not be liable for any terminate âom the date of title vesting in such proceeding, and Tenant
Liability damage to property of Tenant or of o±ers shall have no claim for the value of any unexpired term of said lease.
Insuran~ce entrusted to employees of the building, nor for Tenant shall have fne right to make an independent claim to the
Property Loss, loss of, or damage to, any property of Tenant by condemning authority for the value of Tenant's moving expenses and
Damage theft or otherwise, nor for any injury or damage personal property: trade fixtures and eqHpment, provided Tenant is
Indemnity. to persons or prouerty resulting from any causeof entitled pursuant to ine tenus of the lease to remove such property, trade
whatsoevernature, unless causedby or dueto the fixtures and equipment at the end of the term, and provided further such
negligence of Owner.. its agents, servants or employees. Owner or its claim doesnot reduce Owner's award.
agentswill not be liable for any such damagecausedby other tenants or
persons in, upon or about said building, or caused by opemtions in Assignment 11- Tenant for itself, its heirs, distributes,
construction of any private, public or quasi-public worin Tenant agrees, at Mortgage, executors, administrators, legal representatives,
Tenant's sole cost and expense, to maintain commercial general liability Etc.: successorsand assignsexpressly covenantsthat it
insurance in standardform in favor of Owner and Tenant against claims shall not assign, mortgage or encumber this
for bodily injury or death or property damage occurring in or upon the agreement, nor underlet, or suffer or permit the demised premises or any
demised premises, effective from the date Tenant enters into possessionof part thereof to be used by others, without the prior written consent of
the demised premises and during the term of this lease. Such insurance Owner in eachinstance.Transferof the majority ofthe stock of a corporate
shall be in an amount and with carriers acceptable to the Owner. Such tenant orthe majority interest in any partiership or ather legal entity which
policy or policies shall be delivered to the Owner. On Tenants default in is tenant shall be deemedan assignment If this leasebe assigned, or if fne
obtaining or delivering any such policy or policies or failure to pay the demisedpremises or any part thereof be underlet or occupied by anybody
charges therefore, Owner may secure or pay the charges for any such other fnan Tenant, Owner may, after default by Tenant collect rent from
policy or policies and charge the Tenant as additional rent therefore. the assignee,under-tenant or occupant, and apply the net amount collected
Tenant shall indemnify and save harmless Owner against and fam all ro the rent herein reserved, but no such assignment, underletting
liabilities, obligations, damages,penalties, claims, costs and expensesfor occupancy or collection shall be deemed a waiver of the covenant, or the
which
attomeys- Owner shall not be reimbursed by insurance, including reasonable acceptanceoffee assignee,under-tenant or occupant as tenant, or a release
fees, paid, suffered cr incurred as a result of any breach by of Tenantfom the further performance by Tenant of covenantson the part
Tenant, Tenants agent, contractors, employees, invitees, or licensees. of af Tenant herein contained. The consent by Owner to an assignment or
any covenant on condition of this lease or by the carelessness,negligence underletting shall not in any way be construed to relieve Tenant from
or improper conduct of the Tenant. Tenant s agents, contractors. obtaining the express consent in writing of Owner to any furfner
employees, invitees or licensees.Tenants fiability under this leaseextends assignmentor underletting.
to the acts and omissions of any subtenant, and any agent, contractor,
employee, invitee or licensee of any subtenant. In case any action or Electric 12. Rates and conditions in respect to
proceeding is brought against Owner by reason of any such claim, Tenant. Current: submetering or rent inclusion, as the case may
upon written notice from Owner, will, at Tenant's expense,resist or defend
such action or proceeding by counselapproved by Owner in writing, such
gg be, to be added in RIDER attachedhereto. Tenant
covenants and agreesthat at all times its use of
approval notto be unreasonably withheld. electric cHrent shall not exceed the capacity of existing feeders to the
building or the risers or wiring installation, and Tenant may not use any
Destruction, 9. (a) If the demised premises or any part thereof electrical equipment which, in Owner's opiniort reasonable exercised, will
Fire, shall be damaged by fire or other casualty, Tenant overload such installations or interfere with the use thereof by other
and Œther shall give immediate notice thereof to Owner and tenants of the building. The change at any time of the character of electric
Casualty: this lease shall continue in full force and effect service shall in no way make Owner liable or responsible to Tenant, for
except ashereinailerset forth. (b) If the demised any loss, damagesor expenseswhich Tenantmay sustain.
premises are partially damaged or rendered pardally unusable by fire or
other casualty, the damagesthereto shall be reoaired by and at the expense Access to 11 Owner or Owner's agentsshall have the right
of Owner, and the rent and other items of additional rent until such repair Premises: (but shall not be obligated) to enter the demised
shall be substantially completed, shall be apportioned fi·om the day premises in any emergency at any time, and. at
following the casualty according to the part ofthe demised premiseswhich other reasonable times, to examine the same and to make such repairs,
is usable. (c) If the demised premises are totally damaged or rendered replacements and improvements as Owner may deem necessary and
wholly unusable by fire or other casualty, then the rent and ofner items of reasonably desirable to any portion of the building or which Owner may
additional rent as hereinafter expressly provided shall be proportionately elect to perform, in the demised premises, following Tenant's failure to
paid up to the time of the casualty and thenceforth shall ceaseur1tilthe date make repairs or perform any work which Tenant is obligated to perform
when the demised premises shall have been repaired and restored by under fnis lease, or for the purpose of complying with laws, regulations
Owner (or sooner reoccupied in part by the Tenant fnen rent shall be and other directions of govemmental authorities. Tenant shall rermit
apportioned as provided in subsection (5) above), subject to Owner's right Owner to use and maintain and replace pipes and conduits in and through
to elect not to restore the same as hereinafter provided. (d) ifine demised the demised premises and to erect new moes, ducts, and conduits therein,
premises are rendered wholly urmsable or (vinether or not the demised provided they are concealed within the'vlalls, floors or ceiling, wherever
premises are damaged in whole or in part) if the building shall be so practicable- Owner may. during the progress of any work in the demised
damaged fnat Owner shall decide to demolish it or to rebuild it, then, in premises, take all necessary materials and equipment into said premises
any of such events, Owner may elect to terminate this lease by written without the same constituting an eviction, nor shall the Tenant be entitled
notice to Tenantgiven within 90 days after suchfire or casualty or30 days to any abatement of rent while such work is in progress, nor to any
after adjustment of the insurance claim for such fire or casualty,whichever damages by reason of loss or interruption of busmess or otherwise.
is sooner,specifying a date for the expiration of the lease, which date shall Throughout the term hereof Owner shall have the right to enter the
not be more than 60 days after the giving of such notice, and upon the date demised premises at reasonable hours for the purpose of showing the
specified in such notice the term of this lease shall expire as fully and sameto prospective purchasersor mortgageesof the building. and during
completely as if such date were the date set forth above for the termination the last six months of the term for the purpose of showirfthe same to
of this lease and Tenant shall forthwith quit, surrender and vacate the prospective tenants. and may, during said six months period. place coon
demised premises without prejudice however, to Owner's r¼hts and the demised premises the usual nolice "to Lef' and "For Sale". v/flich
remedies agamst Tenant under the lease provisions in effect prior to such notices Tenant shall cermit to remain thereon without molestation, If
termmation, ana any rent owing shall be paid up to such date and any Tenant is not present to coen and permit an entry into the demised
payments of rent made by Tenant which were on account of any pened uremises, Owner or Owners agents may enter the same whenever such
subsequentto such date shall be retumed to Tenant. Unless Owner shall
intry may be necessary or permissible, by master key or forcibly, and
serve a termmaton notroe as provided for berein, Owner shall make the provided reasonablecare is exercised to safeguard Tenant's oroperty, such
repairs and restorations under the conditors of (b) and (c) hereof, with all
entry shall not render owner or its agentsliable therefore, no-rin any evem
reasonable expeditNn subject to delays due to adjustment of msurance shall the obligations of Tenant hereunder be affected. If during the last
cle:ms, labor troubles and causesbeyond Owner-s control After any such month of the term Tenant shall have removed all or substantially all of
casualty, Tenant shall cooperate with Owner-s restoration by removing Tenant's property therefrom, Owner may immediately enter. alter,
trom the premises as promptly as reasonably possible, all of Tenant s renovate or redecorate the demised premises without limitation or
salvageable mventory ano movaole eqIpment, fumiture, and other abatement of rent. or incurring liability to Tenant for any compensation,
propertp tenants liability for rent shall resume five (5) days after written and such act shall have no effect on'this lease or Tenants obligations
nouce Irom Owner that the demised premises are substantially ready for hereunder. Owner shall have the right at any time, wifnout the same
Tenant s occupancy. (e) Nothmg contameo hereinabove slull reheve
constituting an eviction and witnout incurring liability to Tenant therefore,
Tenantfrom liability thatmay exist asa result ofdamage fromure or otner to change the arrangement and/or location of public entrances,
passageways,doors, doorways, corridots, elevators,stairs, toilets, or other
Rider to be added if necessary
FILED: WESTCHESTER COUNTY CLERK 05/02/2024 03:47 PM INDEX NO. 61577/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/02/2024
public earts of the building, and to change the name. number or Remedies of 18. In case of any such default, re-entry,
designation by which fne building may be known. Owner and expiration and/or dispossess by summary
Waiver of proceedings or ofoerwise, (a) the rent, and
Vault. 14. No vaults, vault spaceor area, whether or not Redemption: additional rent shall become due thereunon and
Vault Space, enclosedor covered, not within the property line be paid up to the time of such re-entry,
Area. of the building, is leased hereunder, anything dispossessand/orexpiration, (b) Owner may re-let the demised premises
containedin orindicated on any sketch,blue print or any part or parts thereof, either in the name of Owner or otherwise,
or Dian, or anythina contained elsewhere in fnis lease to the contrary for a term or terms, which may at Owner's option be less than or exceed
not^withstanding.Owner makes no reoresentation as to the location of the the period which would othemise have coratituted the balance of the
DrOpertyline of the building. All vaults and vault space and all such areas term of this lease, and may grant concessions or free rent or charge a
not within the property line of the building. which Tenant may be higher rental than fnat in this lease, and/or (c) Tenant or the legal
Dermitted to use and/or occupy, is to be used and/or occupied under a representatives of Tenant shall also pay Owner.. as liquidated damages,
revocable license, and if any such license be revoked, or if the amount of for the failure of Tenant to observe and perform said Tenanf s covenants
such space or area be dirdinished or required by any federal, state or herein contained, any deficiency between the rent hereby reserved
municipal authority or public utility, Owner shaU not be subject to any and/or covenanted to be paid and the net amount, if any, of the rents
liability, nor shall Tenant be entitled to any compensation or diminution or collected on account of the subsequent lease or leases of the demised
abatement of rent, nor shall such revocation, diminution or requisition be premises for each month of the period which would otherwise have
deemed constructive or actual eviction. Any ta fee or charge of constituted the balance of the term of this lease. The failore of Owner to
rnunicipal authorities for such vault areashall be paid by Tenant. re-let the demised premises or any part or parts thereof shall not release
or affect Tenant's liability for damages. In computing such liquidated
Occupa acy: 15. Tenantwill not at any time useor occupy the darnages there shall be added to the said deficiency such expenses as
demisedpremises in violation of Articles 2 or 37 Owner may incur in connection with re-letting, such as legal expenses.
hereot or of the certificate of occupancy issued for the building of which reasonable attomey's fees, brokerage, advertising and ror keeping the
the demised premises are a part. Tenant has inspected the demised demised oremises in good order, or for preparing the same for re-letting.
premises and accepts them "as-is", subject to the riders annexed hereto Any such liquidated damages shall be paid in monthly installments by
with respect to Owner's work, if any. In any event, Owner makes no Tenam on the rent day specified in this lease. Owner, in putting the
represemation as to the condition of the demised premises. and Tenant demised premises in good order or preparing fne same for re-rental may,
agreesto acceptthe samesubject to viciations, whether or not of record, at Owner's option, make such alternoons, repairs, replacern.ents,and/or
decorations in the demised nremises as Owner. in Owner's scIe
Bankruptcy: 16. (a) Anything elsewhere in this Ieaseto fne judgmentconsiders advisable andnecessary for the purpose ofre-letting
contrary notwithstanding, this lease may be the demised premises. and the making of such alterations, repairs,
cancelled by Landlord by the sending of a written notice to Tenantwithin replacements, and/or decorations shall not operate or be construed to
a reasonabletime afier the happening of any one or more of the foHowing release Tenant from liability. Owner shall in no event be liable, in any
events: (1) the commencement of a case in bankruptcy or under the laws way whatsoever. for failure to re-let the demised premises, or in the
of any state naming Tenant (or a guarantor of any of Tenants obligations event that the demised premises are re-let, for failure to collect the rent
under this lease) asthe debtor; or (2) the making by Tenant(or a guarantor thereof under such re-letting, and in no event shall Tenant be entitled to
of any of Tensors obligations under this lease) of an assignment or any receive any excess, if any, of such net rent collected over the stuns
ofner arrangement for fne benefit of creditors under any state statute. payable by Tenant to Owner hereunder, In the event of a breach or
Neither Tenant nor any person claiming through or under Tenant, or by threatened breach by Tenant of any of the covenants or provisions
reason of any statute or order of court, shall thereafter be entitled to hereo¶ Owner shall have the right of injunction and the right to invoke
possessionof fae premises demised but shall forthwith quit and surrender any remedy allowed at law or in equity as if re-entry, summary
the demised premises. If this lease shall be assigned in accordancewith its proceedings and other remedies were not herein provided for. Mention
terms, eneprovisions ofthis Article 16 shall be applicable only to the party in this leaseof any particular remedy, shall not preclude Owner fiom any
then owning Tenanf s interest in this lease. other remedy, in law or in equity. Tenant hereby expressly waives any
(b) It is stipulated and agreedthat in the event of and all rishts of redemption granted by or under any present or future
the termination of this leasepursuant to (a) hereof Owner shall forthwith, laws.
notwithstanding any other p^rovisionsof this lease to the contrary, be
entitled to recover fiom Tenant. as and for liquidated damages,an amount Fees and 19. If Tenant shall default in the observance or
equal to the dliference between the rent reserved hereunder for the Expenses: performance of any term or covenant on
unexpired portion of the term demisedand the fair and reasonablerental Tenant's part to be observed or performed
value of the demisedpremisesfor the same period. In the computation of under, or by virtue of, any of the terms or provisions in any article ofthis
such damagesthe difference between any installment of rent becoming due lease. after notice if required, and upon expiration of any auclicable
bereunder after the date of termination and the fair and reasonablerental grace period if any, (except in an emergency), then, unless otherwise
value ofthe dernisedpremisesfor the period for which such instaIhnentwas provided elsewhere in this lease, Owner may immediately, or at any time
payable shall be discounted to the date of termination at the rate of four thereafter. and without notice, perform the obligation of Tenant
percent (4%) per annum. If the demised premises.or any part thereof be thereander, and if Owner, in connection therewith or in connection with
redet by the Owner for fne unexpired term of said lease,or any partfnereof any default by Tenant in the covenant to pay rent hereunder, makes arry
before presentation of proof of such liquidated damages to any court expenditures or incurs any obligations for the payment of money,
comrmssIon or tribunal, the amount of rent reserved upon such re-letting
including but not limited to reasonable attomey's fees, in irstituting,
shall be deemedto be the fair and reasonablerental value for the part or the
crosecuting or defendine any actions or uroceeding, and prevails in any
whole of the demised premises so re-let during the term of the re-lettina such action or proceeding, such sums so paid or obligations incurnid
Nothing herein contained shall limit or prejudice the right of the Owner to with interest and costs shall be deemed to be additional rent hereunder
prove for and obtain as liquidated damages,by reasonof such terminatiott and shall be caid by Tenant to Owner vdthin ten (10) days of rendition
an amount equal to the maximum allowed by any statuteor rule of law in of any bill or stateinent to Tenant therefore, and if Tenants lease term
effect at the time when, and goveming the proceedings in which, such shall have expired at ine time of making of such expenditures or
damagesare ro be proved. whether or nOTsuch amountbe greater, equal to, incurring of such obligations, such sums shall be recoverable by Owner
or lessthan the amountof the difference referredto above- as damages.
Default 17- (1) If Tenant defaults in fulfilling any of the No Repre- 20. Neither Owner nor Owner's agent have
covenants of this lease other than the covenants sentations made any representations or promises with
for the payment of rent or additional rent or if the demised premises rescect to the physical condition of the building,
by Owner:
becomeva'cantor deserted;or if any execudonor attachmentshall be issued the land upon which it is erected or the demised
against Tenant or any of Tenants property, whereupon the demised premises, the rents, leases, excenses of operation, or any other matter or
premisesshall be taken or occupied by someoneother than Tenant; or if this thing affecting or related to Ge demised premises, except as herein
lease be rejected under Section 365 of Title 11 of the U.S. Code expressly set forth, and no rights, easements or licenses are acquired by
(Bankruptcy Code); or if Tenantshall have failed, after five (5) dayswritten Tenant by implication or otherwise, except as expressly set forth in the
notice, to redeposit with Owner any portion of the security deposit provisions of this lease. Tenant has inspected the building and the
hereunder which Owner has applied to the payment of any rent and demised premises and is thoroughly acquainted with their condition,
additional rent due and payable hereunder,or if Tenant shall be in default and agrees to take the same "as-is" and acknowledges that the
with respectto any other leasebetweenOwner and tenant· or if Tenantshall taking
of possession of the demised premises by Tenant shall be conclusive
fail to move into or take possessionof the demised premiseswithin thirty evidence that the said premises and the building of which the same form
(30) days after the commencementof the term of this lease, of which fact a part were in good and satisfactory condition at the time such
Owner shall be the sole judge; then, in any one or more of such events, possession was so taken, except as to latent defects. AII understandings
upon Owner serving a written fiReen (15) day notice upon Tenant and agreements heretofore made between the parties hereto are merged
specifying the nature of said default, and uponthe expiration of said fifteen in this contract, which alone fully and
completely expresses the
(15) days, if Tenant shall have failed to comply with or remedy such agreement between Owner and Tenant, and any executory agreement
defa21t,or if the said default or omission complained of shall be of a namre hereafter made shall be ineffective to change, modify, discharge or
fnat the same cannotbe completely cured or remedied within said fifteen effect an abandonment of it in whole or in part, unless such
(15) day period, and if Tenant shall not have diligently commenced curing executory
agreement is in writing and signed by the party against whom
such default within such fifteen (15) day period, and shall not thereafter enforcement of the change, modification, discharge or abandonment is
with reasonablediligence and in good faith proceedto remedy or cure such sought.
default,then Owner may servea written five (5) daysnotice of cancellation
of this leaseupon Tenant, and upon the expiration of said five (5) days,this End of 2L Upon the expiration or other termination of
lease and the term thereundershall end and expire as
fully and completely Term: the term of this lease, Tenant shall quit and
asifthe expirationof such five (5) day period were the day herein defmitely surrender to Owner the demised premises,
fixed for the end and expiration of this lease and the term thereof and
"broom-clean", in good order and condition, ordinary wear excepted.and
Tenant shall then quit and surrender the demised premises to Owner, but Tenant shall remove all its property. Tenant's obligation to observe or
Tenantshall remain liable as hereinafterprovided. perform this covenant shall survive the expiration or other termination of
(2) If the notice provided for in (1) hereof shall fais Iease.If the last day of the term of fais lease or
have been given, and the term shall expire as aforesaid; or if Tenant shall any renewal thereof
falls on Sunday, this leaseshall expire at noon on the
make default in the payment of the rent reserved herein, or preceding Saturday,
any item of unless it be a legal holiday, in which case it shall expire at noon on the
addidonal rent herein mentioned, or any part of eliner, or in makirig atrf businessday.
preceding
other payment herein required; then, and in any of such events, Owner
may without notice, re-enter the demised premises either by force or Quiet 22, Owner covenants and agrees with Tenant
otherwise, and dispossessTenant by summary proceedings or otherwise, Enjoyment: that upon Tenant paying the rent and additional
and fne legal representativeof Tenant or other occupant of the demised rent and observing and performing all the terms,
premises, and remove their effects and hold the demised premisesas if this covenants and conditions, on Tenant's part to be observed and performed,
leasehad not been made, and Tenant hereby waives the service of notice of Tenant may peaceable and quietly enjoy the premises hereby demised,
intention to reeter or to institute legal proceedingsto that end. subject, nevertheless,to the terms and conditions of this lease including,
FILED: WESTCHESTER COUNTY CLERK 05/02/2024 03:47 PM INDEX NO. 61577/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/02/2024
but not limited to, Article 33 hereof and to the ground leases,underlying Article. At Owner's option, notices and bills to Tenant may be sent by
leasesand mortgageshereinbefore mentioned. hand delivery.
Failure to 23. If Owner is unable to give possessionof the Water 28. r
Give demised premises on the date of the Charges- tery
Possession. commencement of the term hereof because of
the holding-overorretention ofpossession ofany te-be4he-selejudgekOwnermay install a watermeter and thereby measure
Tenant'
tenant, undertenant or occupants, or if the demised premises are located in s water consumption for all purposes. Tenant shall pay Owner for
a building being constructed. because such building has not been the cost ofthe meter and the cost of the installation thereof and throughout
sufficiently completed to make the demised premises ready for occupancy, the duration of the Tenant's occupancy Tenant shall keep said meter and
or becauseof the fact that a certificate of occupancy has not been procured, installation equipment in good working order and repair at Tenants own
or for an
Preview
FILED: WESTCHESTER COUNTY CLERK 05/02/2024 03:47 PM INDEX NO. 61577/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/02/2024 7/04 STANDARD FORM OF STORE LEASE The Real Estate Board of New York, Inc. Agreernent o LeaSe, made as of this Ê day of August, 2020 between 29 COURT STREET VENTURE, having its principal office at c/o Minskoff Grant Realty & Management Corp, 55 Church Street, Suite #207, White Plains, NY 10601, party of the first part hereinafter referred to as OWNER, and MCCL, INC., a New York corporation, d /a "Addicted to Ink", having an address of 38 Westchester Avenue, White Plains, NY 10601, party of the second part, hereinafter referred to as TENANT. WitnBSSeth: owner hereby leases to Tenant and Tenant hereby hires from Owner that certain street level store space and basement space underneath same known as 29 Court Street as approximately shown on Exhibit ", annexed hereto and Premises" made part hereof ("Demised or "demised premises"), in the building ("Building") known, collectively, as 23-29 Court Street, White Plains, New York, for a term ("Term") of Ten (10) year's, Three (3) months (or until such term may sooner cease and expire as hereinafter provided) to commence, subject to the provisions of Article 49 hereof, on January 1, 2021 ("Commencement Date"), and to end on March 31, 203 1 ("Expiration Date"), both dates inclusive, at annual rental rates ("Fixed Rent") as set forth in Article "63", which Fixed Rent shall be payable at the offices of Owner or such other place as Owner may designate, without any setoff or deduction whatever, except that Tenant shall pay the first (1st) full monthly installment of Fixed Rent on execution hereof as set forth in said Article 63. The parties hereto, for themselves, their heirs, distributees, executors, administrators, legal representatives, successors, and assigns, hereby covenant as follows: Rent L Tenant shall pay the rent as above and hereinafter provided. Occupancy 2. Tenant shall use and occupy the demised premises for a tattoo and piercing studio only open to the general public 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: 3. Tenant shall make no changes in or to the the fixtures and appurtenancestherein. andthe sidewalks adjacentthereto, demisedpremisesof any nature without Owner's and at its sole cost and expense,make all non-stmetural repairs thereto as prior written consent. Subject to the prior written consent of Owner, and and when neededto preservethem in good working order and condition, to the provisions of this atticle, Tenant. at Tenant's expense, may make reasonable wear and tear, obsolescence and damage from the elements, alterations, installations, additions or improvements which are non- fire or other casualty, excepted. If the demised premises be or become structural, and which do not affect utility services or plumbing and infested with vermin, Tenant shall at Tenant's expense, causethe same to electrical lines, in or to the interior of the demised premises by using be exterminated from time to time to the satisfaction of Owner. Except as contractors or mechanics first approved in eachinstance by Owner. Tenant specifically provided in Article 9 or elsewhem in this lease, there shall be shall, before making any alterations, additions, installations or no allowance to the Tenant for the diminution of rental value and no improvements, at its expense,obtain all permits, approvals and certificates liability on the part of Owner by reason of inconvenience, annoyance or required by any governmental or quasi-govemmental bodies and (upon mjury to busmessansing from Owner, Tenant or others, making or failing completion) certificates of final approval thereof, and shall deliver to make any repairs, alterations, additions or improvements m or to any promptly duplicates of all such permits, approvals and certificates to portion of the building, including the erection or operation of any crane, Owner, and Tenantagreesto cany, and will causeTenants contractors and derrick or sidewalk shed, or in or to the demised premises or the fixtures, sub-contractors to cany, such worker's compensation, commercial general appurtenancesor equipment thereof. It is specifically agreed that Tenant liability, personal and property damage insurance as Owner may require. shall be not entitled to any set off or reduction of rent by mason of any If an mechanic's lien is filed against the demised premises, or the building failure of Owner to comply with the covenants of this or any other article of which the same forms a part, for work claimed to have been done for. of this lease. Tenant agrees that Tenants sole remedy at law in such or materials fumished to, Tenant, whether or not done pursuant to this instance will be by way of an action for damagesfor beach of contract. article, the same shall be discharged by Tenant within 30 days thereafter The provisions of this Article 4 with respectto the making of repairs shall at Tenants expense,by payment or filing a bond as permitted by law. All not apply in the case of fire or other casualty, which are dealt with in fixtures and all paneling, partitions, railings and like installations, installed Article 9 hereof. in the demised premises at any time, either by Tenant or by Owner on Tenants behalf shall, upon installation, become the property of Owner Window 5. Tenant will not clean nor require, permit, and shall remain upon and be surrendered with the demised premises Cleaning: suffer or allow any window in the demised unless Owner, by notice to Tenant no later than twenty days prior to the premises to be cleaned from the outside in date fixed as the termination of this lease, elects to relinquish Owner's violation of Section 202 of the New York State Labor law or any other rights thereto and to have them removed by Tenant, in which event, the applicable law or of the Rules of the Board of Standardsand Appeals, or same shall be removed from the demised premises by Tenant prior to the of any other Board or body having or assertingjurisdiction. expiration of the lease,at Tenants expense.Nothing in this article shall be construed to give Owner title to, or to prevent Tenants removal of, trade Requirements 6. Prior to the commencement of the leaseterm, fixtures, moveable office furniture and equipment, but upon removal of of Law, Fire if Tenant is then in possession, and at all times samefrom the demised premises or upon removal of other installations as Insurance: thereafter, Tenant, at Tenants sole cost and may be required by Owner, Tenant shall immediately and at its expense, expense, shall promptly comply with all present repair and restore the demised premises to the condition existing prior to and future laws, orders and regulations of all state,federal, municipal and any such installations and repair any damage to the demised premises or local governments, departments, commissions and boards and any the building due to such removal. All property permitted or required to be direction of any public officer pursuant to law, and all orders, rules and removed by Tenant at the end of the term remaining in the demised regulations of the New York Board of Fire Underwriters or the Insurance premises after Tenants removal shall be deemed abandonedand may, at Services Office, or any similar body which shall impose any violations, the election of Owner, either be retained as Owne‘s property or may be order or duty upon Owner or Tenantwith respectto the demised premises, removed from the demised premises by Owner at Tenants expense. and with respect to the portion of the sidewalk adjacent to the demised premises, if the demised premises are on the street level, whether or not Repairs: 4. Owner shall maintain and repair the public arising out of Tenant'suse or manner of use thereof, or with respectto the portions of the building, both exterior and building, if arising out of Tenants use or manner of use of the demised interior, except that if Owner allows Tenant to erect on the outside of the premises or the building (including the use permitted under the lease). building a sign or signs, or a hoist. lift or sidewalk elevator for the Except as provided in Article 29 hereof, nothing herein shall require exclusive use of Tenant, Tenant shall maintain such exterior installations Tenant to make structural repairs or alterations unless Tenant has by its in good appearance, shall cause the same to be operated in a good and manner of use of the demised premises or method of operation therein, workmanlike manner, shall make all repairs thereto necessary to keep violated any such laws, ordinances, orders, rules, regulations or same in good order and condition, at Tenants own cost and expense, and requirements with respecttherete. Tenantshall not do or permit any act or shall causethe sameto be covered by the insuranceprovided for hereafter thing to be done in or to the demised premises which is contrary to law, or in Article 8. Tenant shall, throughout the term of the lease, take good care which will invalidate or be in conflict with public liability, fire or other of the demisedpremises (including, without limitation, the storefront) and policies of insuranceat any time carried by or for the benefit of Owner, or FILED: WESTCHESTER COUNTY CLERK 05/02/2024 03:47 PM INDEX NO. 61577/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/02/2024 which shall or miaht subject Owner to any liability or responsibility to any casualty. Notwithstanding anything contained to the contrary in person. or for property damage. Tenant shall pay all costs,expenses,fnes, subdivisions (a) through (e) hereof, includmg Owner-s oodgation to penalties or damages whicif may be imnosed uoon Owner by reason of restore under subparagraph (b) above, each party shall look first to any Tenants failure to comply with the pro isions of this articleZ If the fire insurance in its favor before making any claim against the other party for insurance rate shall. at the beginning of the lease,or at any time fnereafter, recovery for loss or damage resulting from fire or other casualty, ana to the be higher than it otherwise would be, then Tenant shall reimburse Owner, extent that such insurance is in force and collectrole, and to ine extent as additional rent hereunder,forthat15ortion of all fire insurancepremiums permitted by law, Owner and Tenant each hereby releasesano waives all thereafter paid by Owner which shall have been charged becauseof such right of recovezy with respect to subparagralins (b), (d) and (e) above, failure by Tenant, to comply with the terms of this article. In any action against the other, or any one claiming through or under each of them by or proceeding wherein Owner and Tenant are parties, a scheduleor "rnake- way of subrogation or otherwise. Tne releaseand waiver herem referrea to uf of rate for the building or the demised premises issued by a body shall be deemed to include any loss or damage to the demised premises malong fire insurance rates applicable to said demised premises shall be and/or to any personal property, equipment, trade fixtures, goods and conclusive evidence of the facts therein statedand of the several items and merchandise located theren The foregomg releaseand waiver shall be in releasors' chargesinthe fire insuranceratefnan applicable to said demisedpremises force only if both insurance policies contain a clause providing that such a release or waiver shall not invalidate the insurance.Tenant Sub. 7. This lease is subject and subordinate to all acknowledges that Owner will not cany insurance on Tenants furniture ordina tion: ground or underlying leasesand to all mortgages and/or fumishings or any fixtures or eqmpment, improvements, or which may now or hereafter affect suchleasesor appmtenancesremovable by Tenant, and agreesthat Owner will not be the real property of which the demised premises are a part and to all obligated to repair any damage thereto or replace the same. (f) Tenant renewals, modifications, consolidations, replacements and extensions of hereby waives the provisions of Section 227 of the Real Property Law and self- agreesthat the provisions of this ardcle shall govem and control m heu any such underlying leases and mortgages, This clause shall be operative, and no forther instrument of subordination shall be required by thereof any ground or underlying lessor or by any mortgagee, affecting any lease or the real property of which the demised premises are a part In Eminent 10. If the whole or any part of ine demised confirmation of such subordination, Tenantshall 2om time to time execute Domain: premises shaII be accu1red or condemned cy promotly any certificate that Owner may request Eminent Domain for any public or quasi-public use or ouroose-fnen and in that event, the term of this leaseshall ceaseand Tenant's 8. Owner or its agents shall not be liable for any terminate âom the date of title vesting in such proceeding, and Tenant Liability damage to property of Tenant or of o±ers shall have no claim for the value of any unexpired term of said lease. Insuran~ce entrusted to employees of the building, nor for Tenant shall have fne right to make an independent claim to the Property Loss, loss of, or damage to, any property of Tenant by condemning authority for the value of Tenant's moving expenses and Damage theft or otherwise, nor for any injury or damage personal property: trade fixtures and eqHpment, provided Tenant is Indemnity. to persons or prouerty resulting from any causeof entitled pursuant to ine tenus of the lease to remove such property, trade whatsoevernature, unless causedby or dueto the fixtures and equipment at the end of the term, and provided further such negligence of Owner.. its agents, servants or employees. Owner or its claim doesnot reduce Owner's award. agentswill not be liable for any such damagecausedby other tenants or persons in, upon or about said building, or caused by opemtions in Assignment 11- Tenant for itself, its heirs, distributes, construction of any private, public or quasi-public worin Tenant agrees, at Mortgage, executors, administrators, legal representatives, Tenant's sole cost and expense, to maintain commercial general liability Etc.: successorsand assignsexpressly covenantsthat it insurance in standardform in favor of Owner and Tenant against claims shall not assign, mortgage or encumber this for bodily injury or death or property damage occurring in or upon the agreement, nor underlet, or suffer or permit the demised premises or any demised premises, effective from the date Tenant enters into possessionof part thereof to be used by others, without the prior written consent of the demised premises and during the term of this lease. Such insurance Owner in eachinstance.Transferof the majority ofthe stock of a corporate shall be in an amount and with carriers acceptable to the Owner. Such tenant orthe majority interest in any partiership or ather legal entity which policy or policies shall be delivered to the Owner. On Tenants default in is tenant shall be deemedan assignment If this leasebe assigned, or if fne obtaining or delivering any such policy or policies or failure to pay the demisedpremises or any part thereof be underlet or occupied by anybody charges therefore, Owner may secure or pay the charges for any such other fnan Tenant, Owner may, after default by Tenant collect rent from policy or policies and charge the Tenant as additional rent therefore. the assignee,under-tenant or occupant, and apply the net amount collected Tenant shall indemnify and save harmless Owner against and fam all ro the rent herein reserved, but no such assignment, underletting liabilities, obligations, damages,penalties, claims, costs and expensesfor occupancy or collection shall be deemed a waiver of the covenant, or the which attomeys- Owner shall not be reimbursed by insurance, including reasonable acceptanceoffee assignee,under-tenant or occupant as tenant, or a release fees, paid, suffered cr incurred as a result of any breach by of Tenantfom the further performance by Tenant of covenantson the part Tenant, Tenants agent, contractors, employees, invitees, or licensees. of af Tenant herein contained. The consent by Owner to an assignment or any covenant on condition of this lease or by the carelessness,negligence underletting shall not in any way be construed to relieve Tenant from or improper conduct of the Tenant. Tenant s agents, contractors. obtaining the express consent in writing of Owner to any furfner employees, invitees or licensees.Tenants fiability under this leaseextends assignmentor underletting. to the acts and omissions of any subtenant, and any agent, contractor, employee, invitee or licensee of any subtenant. In case any action or Electric 12. Rates and conditions in respect to proceeding is brought against Owner by reason of any such claim, Tenant. Current: submetering or rent inclusion, as the case may upon written notice from Owner, will, at Tenant's expense,resist or defend such action or proceeding by counselapproved by Owner in writing, such gg be, to be added in RIDER attachedhereto. Tenant covenants and agreesthat at all times its use of approval notto be unreasonably withheld. electric cHrent shall not exceed the capacity of existing feeders to the building or the risers or wiring installation, and Tenant may not use any Destruction, 9. (a) If the demised premises or any part thereof electrical equipment which, in Owner's opiniort reasonable exercised, will Fire, shall be damaged by fire or other casualty, Tenant overload such installations or interfere with the use thereof by other and Œther shall give immediate notice thereof to Owner and tenants of the building. The change at any time of the character of electric Casualty: this lease shall continue in full force and effect service shall in no way make Owner liable or responsible to Tenant, for except ashereinailerset forth. (b) If the demised any loss, damagesor expenseswhich Tenantmay sustain. premises are partially damaged or rendered pardally unusable by fire or other casualty, the damagesthereto shall be reoaired by and at the expense Access to 11 Owner or Owner's agentsshall have the right of Owner, and the rent and other items of additional rent until such repair Premises: (but shall not be obligated) to enter the demised shall be substantially completed, shall be apportioned fi·om the day premises in any emergency at any time, and. at following the casualty according to the part ofthe demised premiseswhich other reasonable times, to examine the same and to make such repairs, is usable. (c) If the demised premises are totally damaged or rendered replacements and improvements as Owner may deem necessary and wholly unusable by fire or other casualty, then the rent and ofner items of reasonably desirable to any portion of the building or which Owner may additional rent as hereinafter expressly provided shall be proportionately elect to perform, in the demised premises, following Tenant's failure to paid up to the time of the casualty and thenceforth shall ceaseur1tilthe date make repairs or perform any work which Tenant is obligated to perform when the demised premises shall have been repaired and restored by under fnis lease, or for the purpose of complying with laws, regulations Owner (or sooner reoccupied in part by the Tenant fnen rent shall be and other directions of govemmental authorities. Tenant shall rermit apportioned as provided in subsection (5) above), subject to Owner's right Owner to use and maintain and replace pipes and conduits in and through to elect not to restore the same as hereinafter provided. (d) ifine demised the demised premises and to erect new moes, ducts, and conduits therein, premises are rendered wholly urmsable or (vinether or not the demised provided they are concealed within the'vlalls, floors or ceiling, wherever premises are damaged in whole or in part) if the building shall be so practicable- Owner may. during the progress of any work in the demised damaged fnat Owner shall decide to demolish it or to rebuild it, then, in premises, take all necessary materials and equipment into said premises any of such events, Owner may elect to terminate this lease by written without the same constituting an eviction, nor shall the Tenant be entitled notice to Tenantgiven within 90 days after suchfire or casualty or30 days to any abatement of rent while such work is in progress, nor to any after adjustment of the insurance claim for such fire or casualty,whichever damages by reason of loss or interruption of busmess or otherwise. is sooner,specifying a date for the expiration of the lease, which date shall Throughout the term hereof Owner shall have the right to enter the not be more than 60 days after the giving of such notice, and upon the date demised premises at reasonable hours for the purpose of showing the specified in such notice the term of this lease shall expire as fully and sameto prospective purchasersor mortgageesof the building. and during completely as if such date were the date set forth above for the termination the last six months of the term for the purpose of showirfthe same to of this lease and Tenant shall forthwith quit, surrender and vacate the prospective tenants. and may, during said six months period. place coon demised premises without prejudice however, to Owner's r¼hts and the demised premises the usual nolice "to Lef' and "For Sale". v/flich remedies agamst Tenant under the lease provisions in effect prior to such notices Tenant shall cermit to remain thereon without molestation, If termmation, ana any rent owing shall be paid up to such date and any Tenant is not present to coen and permit an entry into the demised payments of rent made by Tenant which were on account of any pened uremises, Owner or Owners agents may enter the same whenever such subsequentto such date shall be retumed to Tenant. Unless Owner shall intry may be necessary or permissible, by master key or forcibly, and serve a termmaton notroe as provided for berein, Owner shall make the provided reasonablecare is exercised to safeguard Tenant's oroperty, such repairs and restorations under the conditors of (b) and (c) hereof, with all entry shall not render owner or its agentsliable therefore, no-rin any evem reasonable expeditNn subject to delays due to adjustment of msurance shall the obligations of Tenant hereunder be affected. If during the last cle:ms, labor troubles and causesbeyond Owner-s control After any such month of the term Tenant shall have removed all or substantially all of casualty, Tenant shall cooperate with Owner-s restoration by removing Tenant's property therefrom, Owner may immediately enter. alter, trom the premises as promptly as reasonably possible, all of Tenant s renovate or redecorate the demised premises without limitation or salvageable mventory ano movaole eqIpment, fumiture, and other abatement of rent. or incurring liability to Tenant for any compensation, propertp tenants liability for rent shall resume five (5) days after written and such act shall have no effect on'this lease or Tenants obligations nouce Irom Owner that the demised premises are substantially ready for hereunder. Owner shall have the right at any time, wifnout the same Tenant s occupancy. (e) Nothmg contameo hereinabove slull reheve constituting an eviction and witnout incurring liability to Tenant therefore, Tenantfrom liability thatmay exist asa result ofdamage fromure or otner to change the arrangement and/or location of public entrances, passageways,doors, doorways, corridots, elevators,stairs, toilets, or other Rider to be added if necessary FILED: WESTCHESTER COUNTY CLERK 05/02/2024 03:47 PM INDEX NO. 61577/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/02/2024 public earts of the building, and to change the name. number or Remedies of 18. In case of any such default, re-entry, designation by which fne building may be known. Owner and expiration and/or dispossess by summary Waiver of proceedings or ofoerwise, (a) the rent, and Vault. 14. No vaults, vault spaceor area, whether or not Redemption: additional rent shall become due thereunon and Vault Space, enclosedor covered, not within the property line be paid up to the time of such re-entry, Area. of the building, is leased hereunder, anything dispossessand/orexpiration, (b) Owner may re-let the demised premises containedin orindicated on any sketch,blue print or any part or parts thereof, either in the name of Owner or otherwise, or Dian, or anythina contained elsewhere in fnis lease to the contrary for a term or terms, which may at Owner's option be less than or exceed not^withstanding.Owner makes no reoresentation as to the location of the the period which would othemise have coratituted the balance of the DrOpertyline of the building. All vaults and vault space and all such areas term of this lease, and may grant concessions or free rent or charge a not within the property line of the building. which Tenant may be higher rental than fnat in this lease, and/or (c) Tenant or the legal Dermitted to use and/or occupy, is to be used and/or occupied under a representatives of Tenant shall also pay Owner.. as liquidated damages, revocable license, and if any such license be revoked, or if the amount of for the failure of Tenant to observe and perform said Tenanf s covenants such space or area be dirdinished or required by any federal, state or herein contained, any deficiency between the rent hereby reserved municipal authority or public utility, Owner shaU not be subject to any and/or covenanted to be paid and the net amount, if any, of the rents liability, nor shall Tenant be entitled to any compensation or diminution or collected on account of the subsequent lease or leases of the demised abatement of rent, nor shall such revocation, diminution or requisition be premises for each month of the period which would otherwise have deemed constructive or actual eviction. Any ta fee or charge of constituted the balance of the term of this lease. The failore of Owner to rnunicipal authorities for such vault areashall be paid by Tenant. re-let the demised premises or any part or parts thereof shall not release or affect Tenant's liability for damages. In computing such liquidated Occupa acy: 15. Tenantwill not at any time useor occupy the darnages there shall be added to the said deficiency such expenses as demisedpremises in violation of Articles 2 or 37 Owner may incur in connection with re-letting, such as legal expenses. hereot or of the certificate of occupancy issued for the building of which reasonable attomey's fees, brokerage, advertising and ror keeping the the demised premises are a part. Tenant has inspected the demised demised oremises in good order, or for preparing the same for re-letting. premises and accepts them "as-is", subject to the riders annexed hereto Any such liquidated damages shall be paid in monthly installments by with respect to Owner's work, if any. In any event, Owner makes no Tenam on the rent day specified in this lease. Owner, in putting the represemation as to the condition of the demised premises. and Tenant demised premises in good order or preparing fne same for re-rental may, agreesto acceptthe samesubject to viciations, whether or not of record, at Owner's option, make such alternoons, repairs, replacern.ents,and/or decorations in the demised nremises as Owner. in Owner's scIe Bankruptcy: 16. (a) Anything elsewhere in this Ieaseto fne judgmentconsiders advisable andnecessary for the purpose ofre-letting contrary notwithstanding, this lease may be the demised premises. and the making of such alterations, repairs, cancelled by Landlord by the sending of a written notice to Tenantwithin replacements, and/or decorations shall not operate or be construed to a reasonabletime afier the happening of any one or more of the foHowing release Tenant from liability. Owner shall in no event be liable, in any events: (1) the commencement of a case in bankruptcy or under the laws way whatsoever. for failure to re-let the demised premises, or in the of any state naming Tenant (or a guarantor of any of Tenants obligations event that the demised premises are re-let, for failure to collect the rent under this lease) asthe debtor; or (2) the making by Tenant(or a guarantor thereof under such re-letting, and in no event shall Tenant be entitled to of any of Tensors obligations under this lease) of an assignment or any receive any excess, if any, of such net rent collected over the stuns ofner arrangement for fne benefit of creditors under any state statute. payable by Tenant to Owner hereunder, In the event of a breach or Neither Tenant nor any person claiming through or under Tenant, or by threatened breach by Tenant of any of the covenants or provisions reason of any statute or order of court, shall thereafter be entitled to hereo¶ Owner shall have the right of injunction and the right to invoke possessionof fae premises demised but shall forthwith quit and surrender any remedy allowed at law or in equity as if re-entry, summary the demised premises. If this lease shall be assigned in accordancewith its proceedings and other remedies were not herein provided for. Mention terms, eneprovisions ofthis Article 16 shall be applicable only to the party in this leaseof any particular remedy, shall not preclude Owner fiom any then owning Tenanf s interest in this lease. other remedy, in law or in equity. Tenant hereby expressly waives any (b) It is stipulated and agreedthat in the event of and all rishts of redemption granted by or under any present or future the termination of this leasepursuant to (a) hereof Owner shall forthwith, laws. notwithstanding any other p^rovisionsof this lease to the contrary, be entitled to recover fiom Tenant. as and for liquidated damages,an amount Fees and 19. If Tenant shall default in the observance or equal to the dliference between the rent reserved hereunder for the Expenses: performance of any term or covenant on unexpired portion of the term demisedand the fair and reasonablerental Tenant's part to be observed or performed value of the demisedpremisesfor the same period. In the computation of under, or by virtue of, any of the terms or provisions in any article ofthis such damagesthe difference between any installment of rent becoming due lease. after notice if required, and upon expiration of any auclicable bereunder after the date of termination and the fair and reasonablerental grace period if any, (except in an emergency), then, unless otherwise value ofthe dernisedpremisesfor the period for which such instaIhnentwas provided elsewhere in this lease, Owner may immediately, or at any time payable shall be discounted to the date of termination at the rate of four thereafter. and without notice, perform the obligation of Tenant percent (4%) per annum. If the demised premises.or any part thereof be thereander, and if Owner, in connection therewith or in connection with redet by the Owner for fne unexpired term of said lease,or any partfnereof any default by Tenant in the covenant to pay rent hereunder, makes arry before presentation of proof of such liquidated damages to any court expenditures or incurs any obligations for the payment of money, comrmssIon or tribunal, the amount of rent reserved upon such re-letting including but not limited to reasonable attomey's fees, in irstituting, shall be deemedto be the fair and reasonablerental value for the part or the crosecuting or defendine any actions or uroceeding, and prevails in any whole of the demised premises so re-let during the term of the re-lettina such action or proceeding, such sums so paid or obligations incurnid Nothing herein contained shall limit or prejudice the right of the Owner to with interest and costs shall be deemed to be additional rent hereunder prove for and obtain as liquidated damages,by reasonof such terminatiott and shall be caid by Tenant to Owner vdthin ten (10) days of rendition an amount equal to the maximum allowed by any statuteor rule of law in of any bill or stateinent to Tenant therefore, and if Tenants lease term effect at the time when, and goveming the proceedings in which, such shall have expired at ine time of making of such expenditures or damagesare ro be proved. whether or nOTsuch amountbe greater, equal to, incurring of such obligations, such sums shall be recoverable by Owner or lessthan the amountof the difference referredto above- as damages. Default 17- (1) If Tenant defaults in fulfilling any of the No Repre- 20. Neither Owner nor Owner's agent have covenants of this lease other than the covenants sentations made any representations or promises with for the payment of rent or additional rent or if the demised premises rescect to the physical condition of the building, by Owner: becomeva'cantor deserted;or if any execudonor attachmentshall be issued the land upon which it is erected or the demised against Tenant or any of Tenants property, whereupon the demised premises, the rents, leases, excenses of operation, or any other matter or premisesshall be taken or occupied by someoneother than Tenant; or if this thing affecting or related to Ge demised premises, except as herein lease be rejected under Section 365 of Title 11 of the U.S. Code expressly set forth, and no rights, easements or licenses are acquired by (Bankruptcy Code); or if Tenantshall have failed, after five (5) dayswritten Tenant by implication or otherwise, except as expressly set forth in the notice, to redeposit with Owner any portion of the security deposit provisions of this lease. Tenant has inspected the building and the hereunder which Owner has applied to the payment of any rent and demised premises and is thoroughly acquainted with their condition, additional rent due and payable hereunder,or if Tenant shall be in default and agrees to take the same "as-is" and acknowledges that the with respectto any other leasebetweenOwner and tenant· or if Tenantshall taking of possession of the demised premises by Tenant shall be conclusive fail to move into or take possessionof the demised premiseswithin thirty evidence that the said premises and the building of which the same form (30) days after the commencementof the term of this lease, of which fact a part were in good and satisfactory condition at the time such Owner shall be the sole judge; then, in any one or more of such events, possession was so taken, except as to latent defects. AII understandings upon Owner serving a written fiReen (15) day notice upon Tenant and agreements heretofore made between the parties hereto are merged specifying the nature of said default, and uponthe expiration of said fifteen in this contract, which alone fully and completely expresses the (15) days, if Tenant shall have failed to comply with or remedy such agreement between Owner and Tenant, and any executory agreement defa21t,or if the said default or omission complained of shall be of a namre hereafter made shall be ineffective to change, modify, discharge or fnat the same cannotbe completely cured or remedied within said fifteen effect an abandonment of it in whole or in part, unless such (15) day period, and if Tenant shall not have diligently commenced curing executory agreement is in writing and signed by the party against whom such default within such fifteen (15) day period, and shall not thereafter enforcement of the change, modification, discharge or abandonment is with reasonablediligence and in good faith proceedto remedy or cure such sought. default,then Owner may servea written five (5) daysnotice of cancellation of this leaseupon Tenant, and upon the expiration of said five (5) days,this End of 2L Upon the expiration or other termination of lease and the term thereundershall end and expire as fully and completely Term: the term of this lease, Tenant shall quit and asifthe expirationof such five (5) day period were the day herein defmitely surrender to Owner the demised premises, fixed for the end and expiration of this lease and the term thereof and "broom-clean", in good order and condition, ordinary wear excepted.and Tenant shall then quit and surrender the demised premises to Owner, but Tenant shall remove all its property. Tenant's obligation to observe or Tenantshall remain liable as hereinafterprovided. perform this covenant shall survive the expiration or other termination of (2) If the notice provided for in (1) hereof shall fais Iease.If the last day of the term of fais lease or have been given, and the term shall expire as aforesaid; or if Tenant shall any renewal thereof falls on Sunday, this leaseshall expire at noon on the make default in the payment of the rent reserved herein, or preceding Saturday, any item of unless it be a legal holiday, in which case it shall expire at noon on the addidonal rent herein mentioned, or any part of eliner, or in makirig atrf businessday. preceding other payment herein required; then, and in any of such events, Owner may without notice, re-enter the demised premises either by force or Quiet 22, Owner covenants and agrees with Tenant otherwise, and dispossessTenant by summary proceedings or otherwise, Enjoyment: that upon Tenant paying the rent and additional and fne legal representativeof Tenant or other occupant of the demised rent and observing and performing all the terms, premises, and remove their effects and hold the demised premisesas if this covenants and conditions, on Tenant's part to be observed and performed, leasehad not been made, and Tenant hereby waives the service of notice of Tenant may peaceable and quietly enjoy the premises hereby demised, intention to reeter or to institute legal proceedingsto that end. subject, nevertheless,to the terms and conditions of this lease including, FILED: WESTCHESTER COUNTY CLERK 05/02/2024 03:47 PM INDEX NO. 61577/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/02/2024 but not limited to, Article 33 hereof and to the ground leases,underlying Article. At Owner's option, notices and bills to Tenant may be sent by leasesand mortgageshereinbefore mentioned. hand delivery. Failure to 23. If Owner is unable to give possessionof the Water 28. r Give demised premises on the date of the Charges- tery Possession. commencement of the term hereof because of the holding-overorretention ofpossession ofany te-be4he-selejudgekOwnermay install a watermeter and thereby measure Tenant' tenant, undertenant or occupants, or if the demised premises are located in s water consumption for all purposes. Tenant shall pay Owner for a building being constructed. because such building has not been the cost ofthe meter and the cost of the installation thereof and throughout sufficiently completed to make the demised premises ready for occupancy, the duration of the Tenant's occupancy Tenant shall keep said meter and or becauseof the fact that a certificate of occupancy has not been procured, installation equipment in good working order and repair at Tenants own or for an