{"id":41708,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/240-west-center-street-orem-ut-commercial-lease-agreement.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"240-west-center-street-orem-ut-commercial-lease-agreement","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/240-west-center-street-orem-ut-commercial-lease-agreement.html","title":{"rendered":"240 West Center Street (Orem, UT) Commercial Lease Agreement &#8211; Caldera Systems Inc. and Caldera Inc."},"content":{"rendered":"<pre>                           COMMERCIAL LEASE AGREEMENT\n\nThe undersigned CALDERA SYSTEMS, INC., (hereinafter called 'Tenant') has on this\n1st day of September, 1998, leased from Caldera, Inc. (hereinafter called\n'Caldera') the premises located at 240 West Center Street, in the City of Orem,\nCounty of Utah, State of Utah, beginning on the 1st day of September, 1998, and\nterminating on the 31st day of August, 2000. This is a TWENTY-FOUR (24) month\nLease Agreement.\n\n                      THE PARTIES FURTHER AGREE AS FOLLOWS:\n\nBASE RENT The monthly base rent for said premises Tenant agrees to pay is A\nPORTION OF THE ENTIRE ESNET LEASE BASED ON SQUARE FOOTAGE TO BE DETERMINED\nMONTHLY paid upon receipt of monthly invoice from Caldera. The rate shall\nincrease based on the same terms outlined in the EsNet lease agreement with\nCaldera Inc.\n\nPAYMENT SCHEDULE Tenant agrees that the total rent is due and payable to Caldera\non receipt of monthly invoice from Caldera.\n\nINDEMNIFICATION Tenant accepts the premises in its present condition. Caldera\nshall not be liable for any damage or injury to Tenant, or any other person, or\nto any property, occurring on the premises, or any part thereof, or in common\nareas thereof, for any act of neglect of employees or other tenants of said\nbuilding, or for any reason from whatsoever cause in and about said premises,\nexcept as provided by law.\n\nDUTIES, CARE, AND RESPONSIBILITY OF TENANT The Tenant shall take good care of\nthe property and shall not alter or decorate property in any way without prior\nwritten consent from Caldera. Tenant shall not allow accumulation of refuse or\nwaste matter on or about the premises. Tenant shall not allow the demise or\ndestruction of lawn and landscaping. Tenant shall maintain the premises,\nincluding floor coverings, draperies, and patio in good order and in a clean and\nsanitary condition. Tenant agrees to reimburse Caldera for any damages caused by\nTenant's neglect or misuse.\n\nDUTIES, CARE, AND RESPONSIBILITY OF CALDERA The building owner and Caldera\nagree, at their expense, to maintain any furnishings provided by them in a safe\nand operable condition, unless caused by misuse or neglect of Tenant.\n\nUSE Tenant agrees that the premises are to be used and occupied by Tenant and\nTenant's employees as a commercial office space and for IT Training, and for no\nother purpose.\n\nOPERATING EXPENSES In addition to the Base Rent above, Tenant agrees to pay\nPROPORTIONATE PORTIONS OF UTILITIES AND CLEANING EXPENSES on receipt of monthly\ninvoice from Caldera. These charges include charges for Janitorial, Utilities,\nGeneral, Repair\/Maintenance, Management Fees to building owner, Real Estate\nTaxes and Insurance.\n\nACCESS Tenant shall allow the building owner and Caldera access at all\nreasonable times to said premises for the purpose of inspection or to show said\npremises to prospective purchases, mortgages, or to make necessary repairs or\nimprovements.\n\nSUBLEASE Tenant shall not sell or assign this Lease Agreement or sublease the\npremises without the written consent of Caldera.\n\nMUNICIPAL REGULATIONS Tenant and Caldera shall comply with all laws, ordinances,\npublic rules and government regulations applicable to said premises or the use\nthereof.\n\n\n   2\nATTORNEY'S FEES In the event of any action or proceeding brought by either party\nagainst the other under this agreement, the prevailing party shall be entitled\nto recover for the fees of its attorneys in such action or proceeding such\namount(s) as the court my adjudge as reasonable attorney's fees.\n\nDAMAGE TO PREMISES In the event the premises is damaged by fire or other\ncasualty, the building owner shall have the option to either (1) repair or\nrestore such damage, this agreement continuing in full force and effect, or (2)\ngive notice to Tenant at any time within THIRTY (30) days after such damage\nterminating this Lease Agreement as of a date to be specified in such notice. In\nthe event of the filing of such notice, this agreement shall expire and all\ninterest of the Tenant in the premises shall terminate.\n\nWAIVER The waiver by Caldera of the breach by Tenant of any term, covenant, or\ncondition herein contained shall not be deemed to be a waiver of any subsequent\nbreach of the same or any other term, covenant, or condition herein contained.\nAll parts and portions of this agreement shall be given full force and effect.\n\nHOLDOVER TENANCY Upon termination of this Lease Agreement a month-to-month\ntenancy shall be in effect. Caldera must terminate a month-to-month tenancy by\ndelivering to the other party ninety (90) days' written notice to vacate.\n\nRULES AND REGULATIONS Tenant shall comply with all state and local laws, the\nrules shown herein below and any additional rules applicable to the premises\nwhich Caldera may deem necessary and which are publicly posted:\n\n      1.  No animals or pets of any kind shall be kept or harbored in or about\n          premises without written permission from Caldera.\n\n      2.  All garbage shall be put into appropriate container.\n\n      3.  Tenant shall report defects or needed repairs immediately to Caldera.\n\n      4.  Tenants are not permitted access to the roof except in case of\n          emergency.\n\n      5.  Gasoline or any explosive liquid on the premises is prohibited.\n\nPREMISES CONDITION The Tenant acknowledges that inspection of the premises has\nbeen made and that said premises are in good condition and fire alarm system is\noperational. Any exceptions to be noted hereunder. If the Tenant fails to notify\nCaldera by a written statement within THREE (3) days after occupancy of any\ndeficiencies not previously noted hereunder shall be the conclusive\ndetermination of the premises conditions at the time of occupancy. THIS REPORT\nWILL BE USED TO DETERMINE THE REFUND OF SECURITY DEPOSIT (IF ANY) AT THE END OF\nYOUR TENANCY.\n\nIN WITNESS WHEREOF, the parties have executed this Agreement the day and year\nfirst written above.\n\n CALDERA, INC.                          CALDERA SYSTEMS, INC.\n\n By:  \/s\/ RAY NOORDA                    By:  \/s\/ RANSOM H. LOVE\n      ------------------------------        -------------------------------\n Title: Chairman                        Title: President &amp; CEO\n        ----------------------------           ----------------------------\n Date: 12\/20\/99                         Date: 12\/20\/99\n       -----------------------------          -----------------------------\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[6993],"corporate_contracts_industries":[9513],"corporate_contracts_types":[9579,9610],"class_list":["post-41708","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-caldera-systems-inc","corporate_contracts_industries-technology__software","corporate_contracts_types-land","corporate_contracts_types-land__ut"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/41708","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=41708"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41708"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41708"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41708"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}