{"id":41677,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/27-north-main-street-kent-ct-lease-barton-kent-llc-an2.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"27-north-main-street-kent-ct-lease-barton-kent-llc-an2","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/27-north-main-street-kent-ct-lease-barton-kent-llc-an2.html","title":{"rendered":"27 North Main Street (Kent, CT) Lease &#8211; Barton Kent LLC and Cyberian Outpost Inc."},"content":{"rendered":"<pre>\n                                     LEASE\n\n     This indenture made by and between Barton Kent LLC, a Connecticut Limited\nLiability Company of 272 West Cornwall Road, West Cornwall, Connecticut 06797\nhereinafter called the LESSOR and Cyberian Outpost Inc. located at 27 North main\nStreet, Kent CT 06757 hereinafter called the LESSEE.\n\n                                  WITNESSETH\n\n     That the LESSOR has leased and does hereby lease to said LESSEE the\nfollowing described premises (hereinafter called the 'leased premises') situated\nin said Kent, Connecticut:\n\n                           ARTICLE I-LEASED PREMISES\n\n     The leased premises are located within a shopping center\/office known as\nKent Town Center located at 27 North Main Street, Kent Connecticut, and are\nlocated in Building South, Unit No: 12B.  Said unit consists of approximately\n670 +\/- leaseable square feet (the actual amount of leaseable square feet will\nbe confirmed by the LESSOR'S and LESSEE'S architects and this figure will be\nadjusted accordingly). LESSOR, LESSEE and other tenants of the shopping center\nand their respective customers, LESSEES, subtenants, agents, employees and\ninvitees; shall have the right to use the portion of the shopping center\nintended for common use, including but not limited to parking areas, exterior\nramps and arcades, which use shall, however, be regulated by the landlord's\nreasonable rules and regulations and provided such use is not inconsistent with\nthe other provisions of this lease.\n\n                        ARTICLE II-DELIVERY OF PREMISES\n\n     Not applicable\n\n                               ARTICLE III-TERM\n\n     The term of this Lease shall be nine months (3\/4) years commencing from\nFebruary 15, 1998.  On February 15, 1998 the LESSEE will pay to the LESSOR Three\nHundred and Fifty Dollars and beginning March 1, 1998, the LESSEE will begin\npaying the full monthly rental as detailed in Article V of this Lease. In\naddition, LESSEE is hereby granted six (6) renewal option periods pursuant to\nArticle XV of this lease.\n \n                           ARTICLE IV-AUTHORIZED USE\n\n     The leased premises shall be used only as an office.  In the event of a\nbreach of the 'use' provision hereof, the term herein shall immediately cease\nand terminate at the option of the LESSOR as if it were the expiration of the\noriginal term.\n\n                               ARTICLE V-RENTAL\n\n     A. That the LESSEE shall pay, in equal monthly payments on the first day of\neach month in advance, to the LESSOR a rental hereinafter called the base rent\nas follows:\n\n                                   Base Monthly               Base Yearly\nRental Period                         Rental                    Rental\n1st year                             $563.31                   $1,759.72\n2nd year                             $563.31                    1,759.72\n3rd year\n4th year\n5th year\n6th year\n7th year\n8th year\n\n                          ARTICLE VI-CARE OF PREMISES\n\n     A. LESSEE shall take good care of the leased premises and shall at its own\nexpense and cost make all repairs and any replacements to those that service the\nleased premises exclusively, (including but not limited to HVAC, plumbing and\nelectrical) that are not structural, of any nature and at the end or other\nexpiration of the term shall deliver up the leased premises in good order and\ncondition, damages by the elements, fire or other unavoidable casualty, and\nreasonable wear and tear excepted.\n\n     B. That the LESSEE shall commit no waste upon the leased premises and shall\nrepair at its own expense all broken window and plate glass and peaceably quit\nand surrender the leased premises at the end of the term or other termination of\nthis Lease, and the LESSEE shall at all times keep the front of the building in\nan attractive, clean and neat condition; and it shall at its own expense remove\nall waste materials and refuse from the leased premises promptly and shall not\npermit them to accumulate.\n\n                     ARTICLE VII-LESSOR'S RIGHT TO INSPECT\n\n     That the LESSEE agrees that the LESSOR and its agents and other\nrepresentatives shall have the right to enter into and upon said premises or any\npart thereof at all reasonable hours and upon reasonable prior notice to LESSEE\n(except in emergency\n\n                                       2\n \nsituations), provided same does not interfere with the LESSEE'S business, for\nthe purpose of examining the same or making such repairs or alterations therein\nas may be required under the terms of this Lease by the LESSOR for the safety\nand preservation thereof.\n\n                      ARTICLE VIII-LESSOR'S RIGHT TO SHOW\n\n          That the LESSEE also agrees to permit the LESSOR or its agents to show\nthe leased premises at all reasonable hours upon reasonable prior notice to\nLESSEE, to persons wishing to purchase the same; and, during the last six (6)\nmonths of the initial term hereof, or renewal option term, as the case may be,\nto persons wishing to hire the same.\n\n                       ARTICLE IX-PROMPT PAYMENT OF RENT\n\n          It is agreed that if LESSEE shall fail to pay the rent or any\ninstallment thereof as aforesaid within the ten (10) days after same shall\nbecome due and payable and\/or any additional rent as herein provided, although\nno demand shall have been made for the same, or if LESSEE shall violate or fail\nor neglect to keep and perform any of the covenants, conditions, rules,\nregulations and agreements herein contained on the part of LESSEE to be kept and\nperformed or if demised premises shall become vacant or deserted, then, in each\nand every such event, from thenceforth and at all times thereafter, at the\noption of the LESSOR, the LESSEE'S right of possession shall thereupon cease,\nand the LESSOR shall be entitled to possession of demised premises and to re-\nenter the same without notice to quit or demand of rent or demand of possession,\nand may relet the premises as the agent of LESSEE, and receive the rent\ntherefor, upon such terms as shall be satisfactory to the LESSOR, and all rights\nof the LESSEE to repossess the premises under this Lease shall be forfeited.\nNotwithstanding anything contained hereinabove in this paragraph, the LESSEE\nshall not be considered in default unless the subject situation is not cured by\nthe LESSEE within ten (10) days ** after the LESSOR'S notice to cure is mailed\nto LESSEE by LESSOR. LESSOR, however, shall not be obligated to give a notice to\ncure more than two times during each year of the lease term or more than two\ntimes each leased year during the extension thereof.  Such re-entry by the\nLESSOR shall not operate to release the LESSEE from any rent to be paid or\ncovenants to be performed hereunder during the full term of this Lease.  The\nLESSOR shall make all reasonable efforts to mitigate the LESSEE'S obligations to\nthe LESSOR by attempting to relet the demised premises.  For the purpose of\nreletting, the LESSOR shall be authorized to make such reasonable repairs or\nalterations in or to the leased premises as may be necessary to place the same\nin good order and condition.  The LESSEE shall be liable to the LESSOR for the\ncost of such reasonable repairs or alterations, and all reasonable expenses of\nsuch reletting.  If the sum realized or to\n\n**10 days for non payment of rent and 20 days for all other.\n\n                                       3\n \nbe realized from the reletting is insufficient to satisfy the monthly or term\nrent provided in this Lease, the LESSOR, at his option, may require the LESSEE\nto pay such deficiency to be realized during the term of the reletting. The\nLESSEE shall not be entitled to any surplus accruing as a result of the\nreletting. The LESSEE agrees to pay, as additional rent, reasonable attorneys\nfees and other expenses incurred by the LESSOR in enforcing any of the\nobligations under this Lease. No provision of this Lease shall be deemed to have\nbeen waived by LESSOR unless such waiver shall be in writing signed by LESSOR.\nNo payment by LESSEE or receipt by LESSOR of a lesser amount than the monthly\ninstallments of rent herein stipulated shall be deemed to be other than on\naccount of the earliest stipulated rent, nor shall any endorsement or statement\non any check or any letter accompanying any check or payment as rent be deemed\nan accord and satisfaction, and LESSOR may accept such check or payment without\nprejudice to LESSOR'S right to recover the balance of such rent or pursue any\nother remedy in this Lease provided.\n\n                             ARTICLE X-TERMINATION\n\n          In the event of any termination of the Lease by the LESSOR for any of\nthe reasons set forth herein or elsewhere in the Lease, termination shall not\nrelieve the LESSEE from its liabilities or responsibilities for the rental\npayments due hereunder, or for damages to the LESSOR from the LESSEE by virtue\nof the LESSEE' S breach of the Lease agreement.\n\n                    ARTICLE XI-LESSOR NOT LIABLE FOR DAMAGE\n\n          That it is expressly agreed and understood by and between the parties\nto this Lease that except for their own fault or negligence, the LESSOR shall\nnot be liable for any damage or injury by water which may be sustained by the\nLESSEE or other persons or for any damage or injury resulting from the\ncarelessness, negligence or improper conduct on the part of any other tenant or\nagents or employees.\n\n                      ARTICLE XII-MORTGAGE SUBORDINATION\n\n          That this Lease shall be subject and subordinate at all times to the\nlien of any mortgages now affecting the leased premises, and to all advances\nmade or hereafter to be made upon the security thereof, and shall be\nautomatically subject and subordinate to the lien of any mortgage or mortgages\nwhich at any time may be made a lien upon or affecting the premises herein\nleased. The LESSOR, however, shall, prior to the granting of any mortgage\ncovering the fee interest of the leased premises, obtain from such mortgagee a\n'Non Disturbance' Agreement, in form reasonably acceptable to counsel to the\nLESSEE.\n\n                                       4\n \n                            ARTICLE XIII-NON-WAIVER\n\n          That upon the failure of the LESSOR to insist upon a strict\nperformance of any of the terms, conditions and covenants herein, it shall not\nbe deemed a waiver of any rights or remedies that the LESSOR may have and shall\nnot be deemed a waiver by them of any subsequent breach or default in the terms,\nconditions and covenants contained herein. The non-waiver provisions of this\nArticle shall also apply in favor of the LESSEE.\n\n                   ARTICLE XIV-PEACEABLE AND QUIET ENJOYMENT\n\n          That the LESSOR covenants that the LESSEE on paying said rent and\nperforming the covenants aforesaid shall and may peaceably and quietly have,\nhold and enjoy the leased premises during all of the term and this covenant is a\ncovenant running with the land and will bind any subsequent owner of the leased\nLESSOR warrants and represents that they are the present fee title owners of the\nleased premises.\n\n                    ARTICLE XV-OPTION TO EXTEND LEASE TERM\n\n          (a) The lease term may be extended provided the LESSEE is not in\ndefault under this lease, for six (6) additional option terms, the first one (1)\nyear option period will begin immediately upon expiration of the initial term,\nthe second one (1) year option period shall begin immediately upon expiration of\nthe first one (1) year option period and the third one (1) year option period\nshall begin immediately after the expiration of the second one (1) year option\nperiod upon the same terms and conditions as herein set forth, except the annual\nrental payable monthly shall be:\n\nThe LESSEE agrees to pay to the LESSOR without prior demand therefore a base\nrental for each successive year of this lease which shall be see below payable\n                                                             ---------        \nin equal monthly installments in advance, on the first day of each and every\nmonth of each such lease year.\n\n          (b) LESSOR shall also pay additional rent computed in accordance with\nparagraph XVII, XVIII and XIX of this Lease.\n\n          (c) This option to extend shall not be available to LESSEE if it is in\ndefault of any of the terms of this Lease.\n\n          (d) Each option as described in Article XV shall automatically be\nexercised unless the LESSEE notifies the LESSOR that it does not want to\nexercise the next option herein by certified mail no less than one hundred\neighty (180) days prior to the expiration of this Lease, or any option period.\n\n          (e) This option is personal to the LESSEE and shall not be sublet or\nassigned without the prior written consent of the LESSOR.\n\n<font size=\"2\">First 1 year option     $10.00 sq. ft.\nSecond 1 year option    $11.00 sq. ft.\nThird 1 year option     $12.00 sq. ft.\nFourth 1 year option    $12.00 sq. ft.\nFifth 1 year option     $13.00 sq. ft.\nSixth 1 year option     $14.00 sq. ft.\n\n<\/font>                                       5\n \n          (f)  During any option period herein, LESSEE can cancel the balance of\nthe term by giving the LESSORS one year's notice.\n\n                       ARTICLE XVI-UTILITIES AND CHARGES\n\n          The LESSEE shall pay any and all utilities used and consumed in the\nleased premises, including but not limited to, electricity, gas, telephone,\nwater, (now well water), sewer use charges.\n\n          LESSEE agrees not to use excessive amounts of water so as to adversely\naffect the well(s) that serve the demised premises.\n\n                    ARTICLE XVII-TAXES AND SEWER ASSESSMENT\n                               ADDITIONAL RENTAL\n\n          Not applicable.\n\n                   ARTICLE XVIII-INSURANCE-ADDITIONAL RENTAL\n\n          Not applicable.\n\n                                       6\n \n          ARTICLE XVIII-COMMON FACILITIES AND AREAS ADDITIONAL RENTAL\n\n          The LESSEE shall pay as additional rent hereunder CAM for 12B $136.69\nonly of LESSOR'S total operating costs of the common facilities and areas as the\ngross rentable floor area of the leased premises bears to the gross rentable\nfloor area of all buildings of the LESSOR in the shopping center, which\nadditional rent will be pale in advance in equal monthly installments together\nwith the rental as described in Article V.\n\n          For the purposes of this Article, LESSOR'S 'total operating costs of\ncommon facilities and areas' is defined as including all of LESSOR'S portion of\nthe cost and expense (excluding any cost or expense that should be properly\ncapitalized on the books and records of the LESSOR) of operating and maintaining\nthe common facilities and areas in the office and shopping center and shall be\ndeemed to include without limitation, landscaping, trash removal, sanitary\ncontrol, cleaning, lighting, snow removal, protection, repairs, policing, and\nLESSOR'S overhead expenses for administrating the same.\n\n                          ARTICLE XX-SECURITY DEPOSIT\n\n          Not applicable.\n\n                   ARTICLE XXI-INDEMNIFICATION-HOLD HARMLESS\n\n          Except for their own fault or negligence, the LESSEE agrees at all\ntimes it will indemnify and save, protect and keep harmless the LESSOR and the\nleased premises from every and all costs, loss or damage, liability, expense,\npenalty and fine whatsoever, which may arise from or be claimed against the\nLESSOR or the leased premises by any person or persons, for any injuries to\nperson or property, or damage of whatever kind or character\n\n                                       7\n \nconsequent, upon or arising from the use or occupancy of the leased premises by\nthe LESSEE or consequent upon or arising from any neglect or fault of the LESSEE\nor its agents and employees in the use and occupancy of the leased premises.\n\n                            ARTICLE XXII-INSURANCE\n\n          A.  During the term of this Lease, the following insurance coverages\nshall be maintained on the leased premises: Fire, extended coverage, vandalism,\nand malicious mischief insurance in appropriate amounts, which insurance shall\nprotect LESSOR'S and LESSEE'S interests, respectively.\n\n          B.  LESSEE shall procure and maintain beginning at the lease\ncommencement as described in Article III herein and continuing until this lease\nand any option expires, at its cost, the insurance coverages required under\nSection A of this Article.\n\n          C.  LESSEE shall procure and maintain, at LESSEE'S cost, comprehensive\npublic liability insurance with limits of liability of not less than\n$1,000,000.00 for injury to one person, $2,000,000.00 for injury to two or more\npersons, and property damage coverage on the improvements to the extent of the\nfair insurable value thereof.\n\n          D.  All insurance required to be maintained under this Lease shall be\naffected under enforceable policies issued by insurers of recognized\nresponsibility licensed to do business in the state in which the Leased premises\nare located. Each policy shall, to the extent possible, name as insureds LESSOR,\nLESSEE, and any mortgagee of LESSOR, as their respective interests may appear.\nEach policy shall to the extent obtainable, be written pursuant to an agreement\nthat such policy shall not be cancelled without at least fifteen (15) days\nnotice to the party not required by this Lease to maintain such insurance.\n\n          E.  LESSEE shall provide LESSOR with proof of the existence of the\nrequired insurance.\n\n          F.  LESSOR and LESSEE and all parties claiming under them by way of\nsubrogation or otherwise mutually release each other from all liabilities\narising from any hazard covered by insurance with respect to the leased\npremises, regardless of the cause of the loss. This release shall be in effect\nonly so long as the applicable insurance policy contains a clause to the effect\nthat this release shall not affect the right of the insured to recover under the\npolicy. Such a clause shall be obtained by the parties whenever possible.\n\n                                       8\n \n              ARTICLE XXIII-DESTRUCTION BY FIRE OR OTHER CASUALTY\n\n          A.  If the leased premises should be totally destroyed by fire or such\nother casualty, or should be so damaged that rebuilding or repairs cannot\nreasonably be completed within sixty (60) days from the date of the notice by\nLESSEE to LESSOR of the happening of the damage, then this Lease shall, at the\nsole option of LESSEE, terminate.\n\n          B.  If the leased premises should be damaged by fire or such other\ncasualty, but not to such an extent that rebuilding or repairs cannot reasonably\nbe completed within one hundred eighty (180) days from the date of the notice by\nLESSEE to LESSOR of the happening of the damage, or if LESSEE has not exercised\nits option to terminate pursuant to Section B of this Article, then, provided\nthat the casualty has occurred either prior to the final twelve (12) months of\nthe initial term of this Lease, or any renewal option term, or during such final\ntwelve (12) months and LESSOR has not exercised its option to terminate this\nLease as set forth in this Section, then this Lease shall remain in full effect\nand LESSOR shall at its sole cost, proceed at once to rebuild or repair the\nleased premises to substantially the condition in which they existed prior to\nsuch damage. If the casualty occurs during the final twelve (12) months of the\ninitial term of this Lease, or any renewal option term, LESSOR shall have the\nright, at its option, to terminate this Lease by sending notice of termination\nto LESSEE within ten (10) days from the date of the notice by LESSEE to LESSOR\nof the happening of the damage, upon which notice this Lease shall terminate.\n\n          C.  If the leased premises are to be rebuilt or repaired and are\nuntenantable in whole or in part following such damage, the rent during the\nperiod in which the leased premises are untenantable shall be equitably adjusted\nproportionated to tenantability, in the reasonable objective determination of\nLESSEE and LESSOR.\n\n          D.  Wherever in this Article the phrase 'this Lease shall terminate'\nis used, it shall mean this Lease shall terminate and rent and all charges\npayable as additional rent shall abate for the unexpired portion of this Lease,\neffective as of the dates the notice by LESSEE to LESSOR of the happening of the\ndamage (except that LESSEE shall pay rent and additional rent for any portion of\nthe leased premises used by it prior to the time same is surrendered to LESSOR)\nand LESSEE shall as soon as reasonably possible surrender to LESSOR the leased\npremises and LESSOR may re-enter and take possession of the leased premises;\nand, thereafter, LESSEE shall be discharged from this Lease.\n\n          E.  If a dispute should arise between LESSOR and LESSEE with respect\nto the number of days required to repair or rebuild any damage pursuant to this\nArticle, either or both parties shall\n\n                                       9\n \nrequest a mutually agreed upon arbitrator to make a determination of the number\nof days so required.  Such request shall also contain an agreement by the\nparties to hold the insurance company harmless for any good faith determination\nmade by it.  The determination so made shall be conclusive and binding on the\nLESSOR and the LESSEE.\n\n               ARTICLE XXIV-ASSIGNMENT AND SUBLETTING BY LESSEE\n\n          LESSEE will not sublet the demised premises or any part hereof, or\ntransfer possession or occupancy thereof to any person, firm, partnership or\ncorporation, or transfer or assign this tease without the prior written consent\nof LESSOR, nor shall any subletting or assignment hereof be effected by\noperation of law or otherwise than by the prior written consent of LESSOR.\nHowever, in neither case shall the LESSOR unreasonably withhold consent to such\na subletting or assignment.\n\n                           ARTICLE XXV-CONDEMNATION\n\n          In the event that all or any part of the Demised Premises are taken or\ncondemned by competent authority during the term of this Lease, this Lease will\nterminate as of the date of transfer of title or the date of taking possession\nby the condemning authority whichever is earlier. The LESSEE shall not be\nentitled to any portion of the condemnation award. The entire condemnation award\nshall be the sole property of the LESSOR; provided, however, that nothing\ncontained herein shall prevent the LESSEE from collecting moving expenses as\nprovided by the Connecticut General Statutes. The LESSOR shall give the LESSEE\nwritten notice of any condemnation within five (5) days after the LESSOR becomes\naware of such condemnation. There shall be no compensation to LESSEE for\ndestruction of the Lease term. In the event that less than all of the premise\nare condemned by any competent condemning authority, the LESSEE shall have the\nright to:\n\n          (a) Terminate this Lease as of the earlier date of the transfer of\ntitle or the date of the taking of possession by the condemning authority, in\nwhich event any unearned rent paid or credited will be refunded by the LESSOR to\nthe LESSEE; or\n\n          (b) Continue this Lease in full force and effect with a reduced fixed\nrental commensurate with the reduced area and\/or with reduced utilities to the\npremises in lieu of the amount of rental herein provided, which reduced rental\nwill become effective on the earlier date of the title transfer or the date of\nsuch taking. The LESSEE shall elect between these rights and shall give notice\nto the LESSOR of its election within sixty (60) days after the date when\npossession of the premises is acquired by the condemning authority.  Any taking\nof fifty (50%) percent or less of the parking area in front of the building\nshall not be considered a substantial condemnation so as to entitled LESSEE to a\nreduction of\n\n                                       10\n \nrent, provided the rear parking area remains as now established.\n\n                     ARTICLE XXVI-ATTORNEYS FEES AND COSTS\n\n          Upon default by the LESSEE, the LESSEE agrees to pay any reasonable\nattorneys fees, court costs, or other expenses, incurred by the LESSOR in the\nsuccessful enforcement of any provision of this Lease.\n\n                              ARTICLE XXVII-SIGNS\n\n          The LESSOR will advise the LESSEE the size and location of any sign\nthat is currently approved for the leased premises.\n\n          In the event the LESSEE desires a sign other than the one already\napproved for the demised premises, subject to the written approval of the\nLESSOR, the LESSEE will at its own expense have any sign it requires approved by\nthe Planning &amp; Zoning Commission of the Town of KENT.  In the event a zoning\nvariance is required, the LESSEE will at its own expense petition the Zoning\nBoard of Appeals of the Town of KENT to obtain the variance. The failure of the\nLESSEE to obtain a variance is not a conditioned precedent to the inception of\nthis lease pursuant to its terms.\n\n                          ARTICLE XXVIII-PARKING AREA\n\n          LESSOR shall provide a parking area for the common use of the\noccupants of the shopping center. LESSEE shall have the nonexclusive right, to\nuse for its intended purposes, such parking area for itself, its employees,\nagents, invitees and licensees subject, however, to the rights given other\nLESSEES. LESSOR shall have the right to change the size, location, elevation\nand\/or nature of the parking area. LESSEE to park all employee's cars in rear of\nparking lot, to make room for customer parking in front and sides.\n\n          LESSEE agrees that it, any concessioner and their respective officers,\nemployees, contractors and agents will park their automobiles and other vehicles\nonly where it is permitted by the LESSOR.\n\n          Provided however, that the resulting parking area(s) shall comply with\nKENT zoning regulations for the continued use and occupancy of the leased\npremises by the LESSEE and LESSEE'S business operation.\n\n                       ARTICLE XXIX-EASEMENT FOR REPAIRS\n\n          LESSEE shall permit LESSOR or its designees to erect, use, maintain\nand repair pipes, cables, conduits, plumbing, vents and wires, in and to and\nthrough the demised premises, as and to the extent that the LESSOR may now or\nhereafter deem to be necessary or convenient for the proper operation and\nmaintenance of the building which the demised premises are located or any other\nportion of the shopping center. All such work shall be done, so far as practical\nin such a manner as to avoid interference with the LESSEE'S use of the premises.\n\n                                       11\n \n                            ARTICLE XXX-ALTERATIONS\n\n          The LESSEE hereby agrees that any and all alterations, additions,\nimprovements or repairs after the commencement of the Lease as described in\nArticle III to the leased premises shall be at the LESSEE'S sole cost and\nexpense and that prior to making any alterations, additions, improvements or\nrepairs, the LESSEE shall obtain the written consent of the LESSOR, which\nconsent will not unreasonably be withheld or delayed. All alterations, additions\nor improvements whether temporary or permanent in character, which may be made\non the leased premises either by the LESSOR or the LESSEE shall be the property\nof the LESSOR and shall remain upon the leased premises without compensation to\nthe LESSEE at the end of the Lease term.\n\n                      ARTICLE XXXI-ESTOPPEL CERTIFICATES\n\n          Each party shall at any time execute, acknowledge and deliver to the\nother party a statement prepared by the requesting party, in writing certifying\nto the current status of the Lease stating any modifications to the Lease and\nthe dates to which rental and other charges have been paid.\n\n                 ARTICLE XXXII-BINDING-SUCCESSORS AND ASSIGNS\n\n          It is mutually agreed that the covenants and agreements contained\nherein shall be binding upon the parties hereto and upon their respective\nsuccessors and legal representatives and assigns, except as expressly otherwise\nprovided hereinbefore.\n\n                            ARTICLE XXXIII-NOTICES\n\n          A.  Any notice to be given to LESSOR under this lease shall be in\nwriting and sent by registered or certified mail, return receipt requested,\naddressed as follows:\n\n          To: Barton Kent LLC\n              PO Box 97\n              West Cornwall, CT 06797\n\n          B.  An notice to be given to LESSEE under this Lease shall be in\nwriting and sent by registered or certified mail, return receipt requested,\naddressed as follows:\n\n          To: Cyberian Outpost, Inc.\n              PO Box 636\n              Kent, CT  06757\n\n                                       12\n \n          Each party may change the addresses for notice to it by written notice\nto the other party, in the manner herein provided.\n\n                            ARTICLE XXXIV-RECORDING\n\n          This Lease shall not be recorded. LESSOR and LESSEE shall at any time,\nhowever, upon not less than ten (10) days prior written request by the other\nparty execute, acknowledge, and deliver to the other party an instrument in\nrecordable form, which instrument may be recorded by either party describing\nsuch elements of this Lease as are required for a short form recording.\n\n                             ARTICLE XXXV-HOLDOVER\n\n          In no event shall any holding over by the LESSEE constitute a renewal\nof the term of this Lease.\n\n                          ARTICLE XXXVI-LATE CHARGES\n\n          If the LESSOR has not received the full amount of any rental payment\nor any additional rental payment by the tenth calendar day after the date it is\ndue, the LESSEE will pay the LESSOR a late charge. The amount of the charge will\nbe 5% of any overdue payment. the LESSEE agrees to pay this late charge\npromptly.\n\n                            ARTICLE XXXVII-CAPTIONS\n\n          The captions at the head of each article of this lease are inserted\nfor convenience and reference only and are not to be construed as affecting the\ncontents or limiting the scope of the particular articles which they head.\n\n                           ARTICLE XXXVIII-EXECUTION\n\n          This lease may be executed in one or more counterparts, each of which\nshall be deemed an original and which together shall constitute one and the same\ninstrument.\n\n                          ARTICLE XXXIX-MISCELLANEOUS\n\n          A.  All agreements in this lease shall be deemed to be 'covenants' as\nthough the words importing such covenants were set forth in each instance.\n\n          B.  Words used in the singular shall include the plural as appropriate\nand words used in the plural shall include the\n\n                                       13\n \nsingular as appropriate and words used in any gender shall include the other\ngender as appropriate.\n\n          C.  References to 'this Lease' shall include renewal as appropriate.\n\n          D.  Any notice required or permitted under this lease shall be in\nwriting in accordance with Article XXVIII hereof.\n\n          E.  Where any period would otherwise begin or end on a day not a\nbusiness day, such period shall begin or end on the on the next regular business\nday.\n          \n          F.  All schedules annexed to this Lease shall be dated and signed by\nthe parties and shall be a part of this Lease.\n\n                            ARTICLE XXXX-BROKERAGE\n\n          The parties acknowledge that no one is the only broker in this\ntransaction.\n\n                             ARTICLE XXXXI-SAVINGS\n\n          If any portion of this Lease shall be found invalid, such invalidity\nshall not affect the validity of the remainder of this Lease.\n\n                        ARTICLE XXXXII-ENTIRE AGREEMENT\n\n          This Lease contains all the agreements made between the parties and\nmay not be modified other than by an agreement in writing signed by each of the\nparties or its respective successor in interest.\n\n                        ARTICLE XXXXIII-HAZARDOUS WASTE\n\n          LESSEE shall indemnify and hold LESSOR harmless from any liability\narising in conjunction with the removal, leakage and disposition by LESSEE of\nany hazardous waste materials including but not limited to leakage from any\ntanks, storage facilities or related materials.  LESSEE further agrees to comply\nwith all regulations of the department of environmental protection of any local,\nstate or federal municipal agency.  LESSEE further agrees that the provisions of\nthis article shall bind the principals of LESSEE individually who will sign this\nlease acknowledging their personal guaranty as to this provision only for which\nthey shall be personally responsible and act as sole guarantors; but only to the\nextent as follows:  (i) said indemnity applies only to the actual conduct of\nLESSEE and\/or his agents and employees, and as to the acts of conduct of LESSOR\nor any prior LESSEE of the leased premises or to any adjoining LESSEE; (ii) said\nindemnity shall be extinguished upon the assignment of this lease by LESSEE,\nprovided the new LESSEE gives both a corporate and personal guarantee relative\nto hazardous waste, as included in this Lease.\n\n\n          The LESSOR covenants and agrees to indemnify and to save and hold the\nLESSEE harmless from any and all loss, damage, or liability incurred by LESSEE\nin the clean-up or mitigation of any discharge or spill caused by the LESSOR and\nnot LESSEE  for which the LESSOR shall be found responsible and which\nindemnification shall include costs and attorney's fees incurred by the LESSEE\nin the defense of any environmental enforcement action and in the enforcement of\nLESSOR'S obligations under this Article.\n\n                                       14\n \n          IN WITNESS WHEREOF, the parties have hereunto set their hands and\nseals this 2nd day of December, 1997.\n\n                                                    BARTON KENT LLC\n                                       -----------------------------------------\n                                       (LESSOR)\n                                       Russell Barton For Dale Barton\n\n                                       BY:  \/s\/ Dale Barton\n--------------------------------           -------------------------------------\n                                           Duly Authorized Member\n--------------------------------     \n                                       BY: \/s\/ Katherine N. Vick\n--------------------------------           -------------------------------------\n                                           Cyberian Outpost, Inc.\n                                           Its Vice President &amp; CFO\n                                           Duly Authorized\n \n--------------------------------     \n\nSTATE OF CONNECTICUT\n                        ss:\nCOUNTY OF FAIRFIELD\n\n          The foregoing instrument was acknowledged before me by Russ Barton, a\nMember of Barton Kent LLC, duly authorized to be their free act and deed and the\nfree act and deed of Russ Barton on this the 16th day of February, 1998.\n\n                                           \/s\/ Melanie Chernak\n                                           -------------------------------------\n                                           Notary Public\n\nSTATE OF CT\n                        ss.\nCOUNTY OF LITCHFIELD\n\n     The foregoing instrument was acknowledged before me by Katherine Vick, vp &amp; CFO of Cyberian Outpost to be his free act and deed and the free act and deed of\nsaid Katherine Vick on this the 11th day of February, 1998.\n\n                                           \/s\/ Melanie Chernak\n                                           -------------------------------------\n                                           Notary Public\n\n                                       15\n \n                               GUARANTY OF LEASE\n\n\n\n          GUARANTY given by Cyberian Outpost, Inc., the undersigned, to Barton\nKent LLC, a Limited Liability Company.\n\n          The undersigned, in consideration of the letting by Barton Kent LLC,\nas LESSOR, of the premises located at 27 North Main Street Kent, Connecticut, to\nCyberian Outpost, Inc. of 27 North Main Street, Kent, Connecticut, as LESSEE,\nunder a certain lease dated december 2, 1997 does hereby covenant with the\nLESSOR that if default shall at any time be made by the LESSEE in the payment of\nrent or in the performance of any other covenants contained in such lease, the\nundersigned will pay to the LESSOR, his personal representatives: or assigns the\nrent or any arrears thereof, and all damages that may arise in consequence of\nany default by the LESSEE under such lease, on receipt of written notice of such\ndefault from the LESSOR, his personal representatives, or assigns. This guaranty\nshall continue for the initial term of the lease or any renewal option term from\nthe date of the signing of the lease and be of no force and effect thereafter.\n\n          In witness whereof the undersigned has signed this guaranty.\n\n\n                                    \/s\/ Katherine N. Vick\n                                    ------------------------------------------\n                                    Katherine Vick\n\n                                       16\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7254],"corporate_contracts_industries":[9497],"corporate_contracts_types":[9585,9579],"class_list":["post-41677","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-cyberian-outpost-inc","corporate_contracts_industries-retail__electronics","corporate_contracts_types-land__ct","corporate_contracts_types-land"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/41677","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=41677"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41677"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41677"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41677"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}