{"id":41729,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/400-41st-street-bay-city-mi-lease-agreement-larry-shackley.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"400-41st-street-bay-city-mi-lease-agreement-larry-shackley","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/400-41st-street-bay-city-mi-lease-agreement-larry-shackley.html","title":{"rendered":"400 41st Street (Bay City, MI) Lease Agreement &#8211; Larry Shackley and Concentric Network Corp."},"content":{"rendered":"<pre>                             Amended and Restated\n\n                                LEASE AGREEMENT\n\n                                by and between\n\n             Mr. Larry Shackley of Bay City, Michigan  (Landlord)\n\n                                      and\n\n                   Concentric Network Corporation  (Tenant)\n\n \n                               TABLE OF CONTENTS\n\n\n\n                                                                                  PAGE\n                                                                                  ----\n                                                                               \nLEASE AGREEMENT..................................................................... 1\n\n1.   DEFINITIONS.................................................................... 1\n          1.1   Agreed Interest Rate................................................ 1\n          1.2   Building............................................................ 1\n          1.3   Effective Date...................................................... 1\n          1.4   Hazardous Material.................................................. 1\n          1.5   Law................................................................. 1\n          1.6   Lease............................................................... 1\n          1.7   Lease Term.......................................................... 1\n          1.8   Leasehold Improvements.............................................. 2\n          1.9   Lender.............................................................. 2\n          1.10  Monthly Rent........................................................ 2\n          1.11  Outside Areas....................................................... 2\n          1.12  Premises............................................................ 2\n          1.13  Permitted Use....................................................... 2\n          1.14  Private Restrictions................................................ 2\n          1.15  Real Property Taxes................................................. 2\n          1.16  Tenant's Minimum Liability Insurance Coverage....................... 2\n          1.17  Trade Fixtures...................................................... 2\n\n2.   DEMISE, TERM AND OPTION TO EXTEND.............................................. 2\n          2.1   Demise of Premises.................................................. 2\n          2.2   Options to Extend Lease Term........................................ 2\n\n3.   RENT........................................................................... 3\n          3.1   Monthly Rent........................................................ 3\n          3.2   Payment of Rent..................................................... 3\n          3.3   Past Due Monthly Rent............................................... 3\n\n4.   USE OF PREMISES................................................................ 3\n          4.1   Compliance with Laws and Private Restrictions....................... 3\n          4.2   Use of Premises..................................................... 3\n          4.3   Parking and Reservation of Rights................................... 3\n          4.4   Hazardous Materials................................................. 4\n\n5.   TRADE FIXTURES AND LEASEHOLD IMPROVEMENTS...................................... 4\n          5.1   Leasehold Improvements.............................................. 4\n          5.2   Liens............................................................... 4\n\n6.   REPAIR AND MAINTENANCE......................................................... 4\n          6.1   Tenant's Obligation to Maintain..................................... 4\n          6.2   Landlord's Obligation to Maintain................................... 5\n\n7.   UTILITIES...................................................................... 5\n\n8.   REAL PROPERTY TAXES............................................................ 5\n          8.1  Tenant's Obligation to Reimburse..................................... 5\n          8.2  Taxes on Tenant's Property........................................... 5\n          8.3  Tax Contest.......................................................... 5\n\n\n                                      -i-\n\n \n                               TABLE OF CONTENTS\n                                  (CONTINUED)\n\n\n\n                                                                                  PAGE\n                                                                                  ----\n                                                                                \n9.   INSURANCE...................................................................... 5\n          9.1   Tenant's Insurance.................................................. 5\n          9.2   Landlord's Insurance:............................................... 6\n          9.3   Release and Waiver of Subrogation................................... 6\n\n10.  INDEMNITY...................................................................... 6\n          10.1  Indemnification of Landlord......................................... 6\n          10.2  Indemnification of Tenant........................................... 6\n\n          11.   DAMAGE &amp; DESTRUCTION................................................ 6\n          11.1  Landlord's Duty to Restore.......................................... 6\n          11.2  Landlord's Right to Terminate....................................... 7\n          11.3  Tenant's Right to Abatement and Termination......................... 7\n\n12.  CONDEMNATION................................................................... 7\n          12.1  Taking of Premises.................................................. 7\n          12.2  Restoration Following the Taking.................................... 7\n          12.3  Abatement of Rent................................................... 7\n          12.4  Temporary Taking:................................................... 7\n          12.5  Division of Condemnation Award...................................... 8\n\n13.  DEFAULT AND REMEDIES........................................................... 8\n          13.1  Events of Tenant's Default.......................................... 8\n          13.2  Landlord's Remedies................................................. 8\n          13.3  Rights Upon Termination............................................. 9\n          13.4  Landlord's Default and Tenant's Remedies............................ 9\n          13.5  Waiver.............................................................. 9\n\n14.  ASSIGNMENT AND SUBLETTING......................................................10\n          14.1  By Tenant...........................................................10\n          14.2  By Landlord.........................................................10\n\n15.  TERMINATION....................................................................10\n          15.1  Surrender of the Premises...........................................10\n          15.2  Holding Over........................................................10\n\n16.  RIGHT OF FIRST REFUSAL TO PURCHASE.............................................10\n          17.   GENERAL PROVISIONS..................................................11\n          17.1  Landlord's Right to Enter...........................................11\n          17.2  Estoppel Certificates...............................................11\n          17.3  Reimbursable Expenditures...........................................11\n          17.4  Notices.............................................................11\n          17.5  Attorneys' Fees.....................................................11\n          17.6  Corporate Authority.................................................11\n          17.7  Miscellaneous.......................................................11\n          17.8  Brokerage Commissions...............................................12\n\n\n                                      ii\n\n \n                               TABLE OF CONTENTS\n                                  (CONTINUED)\n\n\n\n                                                                                          PAGE\n                                                                                          ----\n                                                                                                       \n                 17.9   Memorandum of Lease................................................ 12\n                 17.10  Subordination...................................................... 12\n                 17.11  Quiet Possession................................................... 12\n                 17.12  Entire Agreement................................................... 12\n\n\n\n\nExhibit A -    Legal Description\nExhibit B -    Exceptions to Title\n\n\n                                     -iii-\n\n \n                     AMENDED AND RESTATED LEASE AGREEMENT\n\n\n\n     THIS AMENDED AND RESTATED LEASE AGREEMENT ('Lease'), dated October 7, 1996\nfor reference purposes only, is made by and between  Mr. Larry Shackley of Bay\nCity, Michigan  ('Landlord') and Concentric Network Corporation, a Delaware\ncorporation, formerly known as Concentric Research Corporation ('Tenant').\n\n                                    RECITALS\n\nA.   Pursuant to that certain lease agreement dated August 27, 1993 ('Master\nLease'), Thomas and Patricia Volk (the 'Volks') leased the Premises (as defined\nin Section 1) to Landlord.  Pursuant to that certain lease agreement dated\nAugust 27, 1993 ('Original Lease'), Landlord subleased the Premises to Tenant.\n\nB.   On or about _________, 1996, Landlord purchased a fee ownership interest in\nthe Premises from the Volks.\n\nC.   Landlord and Tenant desire to supersede and entirely replace the Original\nLease with this Lease.\n\n     NOW THEREFORE, in consideration of the premises and mutual covenants set\nforth herein, the parties hereto agree as follows:\n\n1.   DEFINITIONS:  Any term that is given a special meaning by this Section 1 or\n     -----------                                                                \nby any other provision of this Lease (including any exhibits attached hereto)\nshall have such meaning when used in this Lease or any addendum or amendment\nhereto.\n\n     1.1  Agreed Interest Rate:  'Agreed Interest Rate'  means an interest rate\n          --------------------                                                  \nof either ten percent (10%) per annum or the maximum applicable rate permitted\nby Law, whichever is less.\n\n     1.2  Building:  'Building' means that certain approximately 6,000 square\n          --------                                                           \nfoot building located on the Premises.\n\n     1.3  Effective Date:  'Effective Date' means the date by which the last\n          --------------                                                    \nsignatory to this Lease whose execution is required to make it binding on the\nparties hereto shall have executed this Lease, provided that the executed Lease\nhas been mutually delivered.\n\n     1.4  Hazardous Material:  'Hazardous Material' means any material or\n          ------------------                                             \nsubstance that is now or hereafter prohibited or regulated by any Law or that is\nnow or hereafter designated by any governmental autho  rity to be radioactive,\ntoxic, hazardous or otherwise a danger to health, reproduction or the\nenvironment\n\n     1.5  Law:  'Law' means any judicial decision, statute, constitution,\n          ---                                                            \nordinance, resolution, order, or other requirement of any municipal, county,\nstate, federal, or other government agency or authority having jurisdiction over\nthe parties to this Lease or the Premises or both, in effect either at the\nEffective Date of this Lease or any time during the Lease Term.\n\n     1.6  Lease:  'Lease' means this printed lease and Exhibits 'A ' and 'B'\n          -----                                        ---------------------\nattached hereto and made a part hereof, as the same may be amended in accordance\nwith this Lease from time to time.\n\n     1.7  Lease Term:  'Lease Term' means that period of time commencing on the\n          ----------                                                           \nEffective Date and ending on December 31, 1997, unless extended or sooner\nterminated as provided herein.\n\n                                       1\n\n \n     1.8  Leasehold Improvements:   'Leasehold Improvements' means all\n          ----------------------                                      \nimprovements, additions, alterations, and fixtures installed in or on the\nPremises by Tenant at its expense which are not Trade Fixtures.\n\n     1.9  Lender:   'Lender' means (i) any beneficiary, mortgagee, secured\n          ------                                                          \nparty, or other holder of any deed of trust, mortgage or other written security\ndevice or agreement affecting the Premises, and the note or other obligations\nsecured by it, and (ii) the lessor under any underlying ground lease under which\nLandlord holds an interest in the Premises.\n\n     1.10 Monthly Rent:   'Monthly Rent' means rent payable by Tenant pursuant\n          ------------                                                        \nto Paragraph 3.1.\n\n     1.11 Outside Areas:  'Outside Areas' means all areas and facilities within\n          -------------                                                        \nthe Premises, other than the Building (including the parking areas, driveways,\npedestrian sidewalk, landscaped areas, trash enclosures, and the like).\n\n     1.12 Premises:  'Premises' means that real property situated in the City of\n          --------                                                              \nBay City, County of Bay, with all improvements now or hereafter located thereon\ncommonly known as 400 41st Street, Bay City, Michigan 48708, as more\nparticularly described on Exhibit 'A.'\n\n     1.13 Permitted Use:  'Permitted Use' means the use of the Premises for\n          -------------                                                    \ngeneral office, manufacturing, research and development, assembly, shipping,\nstorage, and all other legal uses.\n\n     1.14 Private Restrictions:   'Private Restrictions' means all covenants,\n          --------------------                                               \nconditions and restrictions, private agreements, reciprocal easement agreements\nand any other instruments (herein 'encumbrances') affecting the use of the\nPremises recorded as of the Effective Date and all encumbrances recorded after\nthe Effective Date.\n\n     1.15 Real Property Taxes:  'Real Property Taxes' means all real property\n          -------------------                                                \ntaxes, assessments, and other charges imposed by any governmental or quasi-\ngovernmental authority, which are levied or assessed against the Premises.\nNotwithstanding the foregoing, the term 'Real Property Taxes' shall not include\nestate, inheritance, transfer, gift or franchise taxes of Landlord or any\nfederal or state income tax.\n\n     1.16 Tenant's Minimum Liability Insurance Coverage:   'Tenant's Minimum\n          ---------------------------------------------                     \nLiability Insurance Coverage' means One Million Dollars ($1,000,000).\n\n     1.17 Trade Fixtures:   'Trade Fixtures' means anything affixed to the\n          --------------                                                  \nBuilding or Outside Areas by Tenant at its expense for purposes of trade,\nmanufacture, ornament, or domestic use (except replacement of similar work or\nmaterial owned and installed by Landlord) which can be removed without injury to\nthe Building or Outside Areas.\n\n2.   DEMISE, TERM AND OPTION TO EXTEND:\n     --------------------------------- \n\n     2.1  Demise of Premises:  Landlord hereby leases to Tenant, and Tenant\n          ------------------                                               \nleases from Landlord, for the Lease Term upon the terms and conditions of this\nLease, the Premises.  This Lease shall supersede and entirely replace the\nOriginal Lease.  Landlord warrants that (i) the Premises are only subject to\nthose Private Restrictions and other exceptions to title disclosed in Exhibit\n'B' hereto, (ii) the Premises are presently in compliance with all Laws and\nPrivate Restrictions, and (iii) Tenant's conduct of its business operations as\nthey are presently being conducted on the Premises will not violate any Laws or\nPrivate Restrictions.\n\n     2.2  Options to Extend Lease Term:  Landlord grants to Tenant one (1)\n          ----------------------------                                    \noption ('Option') to extend the Lease Term, for an additional term of twelve\n(12) months ('Option Term'), commencing on December 31, 1997.  To exercise the\nOption, Tenant must give Landlord notice in writing by United States Certified\nMail, return receipt requested, of its intention to exercise the Option on or\nbefore November 1, 1997.  All terms and conditions of this Lease shall continue\nto apply during the Option Term.\n\n                                       2\n\n \n3.   RENT:\n     ---- \n\n     3.1  Monthly Rent:  Commencing on November 1, 1996 and continuing\n          ------------                                                \nthroughout the Lease Term, Tenant shall pay to Landlord without offset or\ndeduction or type whatsoever except as expressly provided herein, Monthly Rent,\nequal to the following:\n\n               November, 1996-December, 1996       $3,500\n               January, 1997-December, 1997        $3,730\n\nIf Tenant exercises the Option, then the Monthly Rent for the Option Term shall\nbe $4,200.\n\n     3.2  Payment of Rent:  All rent required to be paid in monthly installments\n          ---------------                                                       \nshall be paid in advance on the first day of each calendar month during the\nLease Term.  All rent shall be paid in lawful money of the United States, to\nLandlord at its address for notices as set forth below or at such other place as\nLandlord may designate from time to time by written notice to Tenant.  Tenant's\nobligation to pay rent shall be prorated during any partial month of the Lease\nTerm.\n\n     3.3  Past Due Monthly Rent:  If any Monthly Rent is past due and Tenant\n          ---------------------                                             \nfails to pay such rent within ten (10) days after Tenant has received a written\nnotice of delinquency from Landlord, then such past due rent shall thereafter\nbear interest until paid at the rate of ten percent (10%) or the maximum\ninterest rate permitted by Law, whichever is lower.\n\n4.   USE OF PREMISES:\n     --------------- \n\n     4.1  Compliance with Laws and Private Restrictions:  Tenant shall not use\n          ---------------------------------------------                       \nor permit any person to use the Premises in any manner which violates any Laws\nor Private Restrictions.  At the Commencement Date, the Premises shall conform\nto all requirements of covenants, conditions, restrictions and encumbrances\n('CC&amp;R's'), all underwriter's requirements, and all rules, regulations,\nstatutes, ordinances, laws and building codes, (collectively, 'Laws') applicable\nthereto.  Tenant shall not be required to construct or pay the cost of complying\nwith any CC&amp;R's, underwriter's requirements or Laws requiring construction of\nimprovements in the Premises which are properly capitalized under general\naccounting principles, unless such compliance is necessitated solely because of\nTenant's particular use of the Premises.\n\n     4.2  Use of Premises:  Tenant may use the Premises for any Permitted Use.\n          ---------------                                                      \nLandlord represents and warrants that Tenant's use of the Premises is and will\nbe permitted by all Laws, CC&amp;R's, and fire underwriter's requirements and that\nelectricity, water, janitorial, heating, ventilating, air conditioning and other\nservices, at the levels generally provided for office uses in comparable\nbuildings in the vicinity of the Premises, will be available to Tenant at all\ntimes during the Lease term.  If the Premises should become unsuitable for\nTenant's use as a consequence of fire, casualty, exercise of eminent domain,\ncessation of utilities or other services required to be provided to the Premises\nby Landlord, or the presence of any Hazardous Material, which does not result\nfrom Tenant's use, storage or disposal of such material in violation of\napplicable law in or about the Premises, then Tenant shall be entitled to an\nabatement of rent to the extent of the interference with Tenant's use of the\nPremises occasioned thereby.  If such interference cannot be corrected or the\ndamage resulting there  from repaired so that the Premises will be reasonably\nsuitable for Tenant's intended use within one hundred twenty (120) days\nfollowing the occurrence of such event, then Tenant also shall be entitled to\nterminate this Lease by delivery of written notice to Landlord at any time after\nthe occurrence of such event.\n\n     4.3  Parking and Reservation of Rights: Without charge, Tenant shall have\n          ---------------------------------                                   \nthe exclusive use of all parking spaces located on the Premises.\n\n                                       3\n\n \n     4.4  Hazardous Materials:\n          ------------------- \n\n          4.4.1  Tenant's Responsibility:  Tenant, at its sole cost, shall\n                 -----------------------                                  \ncomply with all Laws relating to the storage, use, disposal, emission, or\nrelease of any Hazardous Material by Tenant or its agents, employees or\ncontractors.  If Hazardous Materials stored, used, disposed of, emitted, or\nreleased on or about the Premises by Tenant or its agents, employees or\ncontractors results in contamination or deterioration of water or soil, then\nTenant shall promptly take any and all action necessary to clean up such\ncontamination as required by Law.  At any time prior to the expiration of the\nLease Term, Tenant shall have the right to conduct appropriate tests of water\nand soil and to deliver to Landlord the results of such tests to demonstrate\nthat no contamination has occurred as a result of Tenant's use of the Premises.\nTenant shall be solely responsible for, and shall defend, indemnify and hold\nLandlord and its shareholder, officers, and directors harmless from and against,\nall claims, costs and liabilities, including attorneys' fees and costs, to the\nextent arising out of or the disposal or release of Hazardous Materials on or\nabout the Premises by Tenant or its agents, employees, or contractors or the\nremoval, clean-up and restoration work and materials required hereunder to\nreturn the Property to its condition existing prior to the appearance of any\nsuch Hazardous Materials.\n\n          4.4.2  Landlord's Obligation.  Except as stated in Subparagraph 4.4.1,\n                 ---------------------                                          \nabove, and notwithstanding anything to the contrary in any other section of the\nLease, Tenant shall have no responsibility for and Landlord shall be solely\nresponsible for, and shall defend, indemnify and hold Tenant and its\nshareholders, officers, directors, successors and assigns, harmless from and\nagainst, all claims, costs and liabili  ties, including attorneys' fees and\ncosts, arising out of the presence at any time of any Hazardous Material on or\nabout the Premises during the Lease Term (including, without limitation, all\nHazardous Materials identified in that certain 'Soil Feasibility Analysis and\nSoil Remediation Corrective Action Plan' dated November 21, 1994, prepared by\nPeerless Environmental Services, Inc.).  Upon demand by Tenant, Landlord shall\npromptly take any and all action necessary to investigate and remediate any such\nHazardous Material contamination as required by Law.\n\n5.   TRADE FIXTURES AND LEASEHOLD IMPROVEMENTS:\n     ----------------------------------------- \n\n     5.1  Leasehold Improvements:   Tenant may construct any Leasehold\n          ----------------------                                      \nImprovement which does not affect the structural parts or exterior of the\nBuilding without Landlord's prior approval.  Any other Leasehold Improvements\nmay be made only after obtaining Landlord's consent, which consent shall not be\nunreasonably withheld or delayed.  Landlord shall be deemed to have consented to\nany Leasehold improvement, if Landlord has not reasonably withheld its consent\nto any Leasehold Improvement within fifteen (15) days of Tenant's request for\nLandlord's consent to the Leasehold Improvement.  All Leasehold Improvements\nconstructed at Tenant's cost shall remain the property of Tenant during the\nLease Term and may be removed from the Premises at any time.  Landlord shall\nhave no lien or other interest whatsoever in any Leasehold Improvement and\nwithin ten (10) days following Tenant's request, Landlord shall execute\ndocuments in reasonable form to evidence Landlord's waiver of any right, title,\nlien, or interest in Lessee's Leasehold Improvements located in the Premises.\nTenant shall restore all damage to the Premises caused by any removal of\nTenant's Leasehold Improvements.  Within ten (10) days following a request by\nTenant, Landlord shall inform Tenant whether it reserves the right to have any\nLeasehold Improvement installed by Tenant removed from the Premises by Tenant\nupon termination of the Lease.\n\n     5.2  Liens: Tenant shall keep the Premises free from any liens arising out\n          -----                                                                \nof any work performed, materials furnished, or obligations incurred by Tenant,\nits agents, employees or contractors relating to the Premises.  If any claim of\nlien is recorded, Tenant shall bond against or discharge the same within twenty\n(20) days after written notice to Tenant that the same has been recorded against\nthe Premises and\/or the Property.\n\n6.   REPAIR AND MAINTENANCE:\n     ---------------------- \n\n     6.1  Tenant's Obligation to Maintain: Except as otherwise provided in\n          -------------------------------                                 \nSection 11 (restoration of damage caused by fire and other perils) and in\nParagraph 6.2 (Landlord's maintenance obligations), Tenant shall, at all times\nduring the Lease Term, keep and maintain the Premises in good order, condition,\nand repair.\n\n                                       4\n\n \n     6.2  Landlord's Obligation to Maintain: Landlord shall perform and\n          ---------------------------------                            \nconstruct, and Tenant shall have no responsibility to perform or construct, any\nrepair, maintenance or improvement (i) necessitated by the acts or omissions of\nLandlord or its respective agents, employees or contractors, (ii) occasioned by\nfire, acts of God or other casualty or by the exercise of the power of eminent\ndomain, (iii) required as a consequence of any violation of Law or construction\ndefect in the Premises as of the Effective  Date, (iv) for which Landlord has a\nright of reimbursement from others, (v) which could be treated as a 'capital\nexpenditure' under generally accepted accounting principles, (vi) to the\nstructural parts of the Premises and the Building (including the walls, floors,\nceilings, roof, bearing walls, demising walls and foundations), necessary to\nmaintain a water-tight roof membrane, and to all utility systems servicing the\nPremises.\n\n7.   UTILITIES:  Tenant shall promptly pay, as the same become due, all charges\n     ---------                                                                 \nfor water, gas, electricity, telephone, sewer service, waste pick-up, and any\nother utilities, materials or services furnished at the request of or used by\nTenant in the Premises.\n\n8.   REAL PROPERTY TAXES:\n     ------------------- \n\n     8.1  Tenant's Obligation to Reimburse:  Tenant shall within thirty (30)\n          --------------------------------                                  \ndays after Landlord's written demand, shall pay the Real Property Taxes to the\nextent such Real Property Taxes are directly related to periods occurring during\nthe Lease Term.  If any assessment is levied against the Premises, Landlord may\nelect to either pay the assessment in full or allow the assessment to go to\nbond.  If Landlord pays the assessment in full, Tenant shall pay to Landlord\neach time payment of Real Property Taxes is made a sum equal to that which would\nhave been payable (as both principal and interest) had Landlord allowed the\nassessment to go to bond. Notwithstanding anything contained herein, Tenant\nshall not be obligated to pay any increase in Real Property Taxes caused by a\nreassessment of the Premises following a 'change in ownership' caused by a\ntransfer by Landlord of its interest in the Premises.\n\n     8.2  Taxes on Tenant's Property:  Tenant shall pay before delinquency any\n          --------------------------                                          \nand all taxes, assessments, license fees, and public charges levied, assessed,\nor imposed against Tenant or Tenant's estate in this Lease or the property of\nTenant situated within the Premises.\n\n     8.3  Tax Contest:  If Tenant shall desire in good faith to contest or\n          -----------                                                     \notherwise review by appropriate legal or administrative proceeding any Real\nProperty Tax, Tenant may withhold payment of the Real Property Tax being\ncontested if, but only if, both (i) non-payment is permitted during the pendency\nof such proceedings without the foreclosure of any tax lien or the imposition of\nany fine or penalty and (ii) Tenant shall obtain and furnish a bond sufficient\nto protect Landlord's interest in the Premises.  At the request of Tenant,\nLandlord shall cooperate with Tenant in any contest or other proceedings which\nTenant may desire to bring pursuant to this paragraph.  Within ten (10) days\nafter the final determination of the amount due from Tenant with respect to the\nReal Property Tax contested, Tenant shall pay the amount so determined to be\ndue, together with all costs, expenses and interest, whether or not this Lease\nshall have then expired or terminated.\n\n\n9.   INSURANCE:\n     --------- \n\n     9.1  Tenant's Insurance:  At all times Tenant shall maintain in full force\n          ------------------                                                   \nand effect during the Lease Term the policies of insurance described below.\nCopies of duly executed certificates for such policies shall be provided to\nLandlord upon Landlord's request.\n\n          9.1.1  Liability Insurance:  A policy or policies of comprehensive\n                 -------------------                                        \ngeneral liability insurance, including property damage, against liability for\npersonal injury, bodily injury, death, and damage to property occurring in or\nabout, or resulting from an occurrence in or about, the Premises with combined\nsingle limit coverage of not less than $1,000,000, naming Landlord as an\nadditional insured, containing a cross liability endorsement.\n\n                                       5\n\n \n          9.1.2  Casualty Insurance:  A policy or policies of fire and property\n                 ------------------                                            \ndamage insurance insuring the personal property, inventory, and trade fixtures\nof Tenant within the Premises.  The proceeds from any of such policies shall be\nused for the repair or replacement of such items so insured if the Lease is not\nterminated, or to Tenant if the Lease is terminated.\n\n     9.2  Landlord's Insurance:  At all times Landlord shall maintain:\n          --------------------                                        \n\n          9.2.1  A policy or policies of fire and property damage insurance in\nstandard 'all risk' form insuring Landlord against loss from physical damage to\nthe Building and the Premises with coverage of not less than one hundred percent\n(100%) of the full replacement cost thereof.\n\n          9.2.2  Tenant shall within thirty (30) days after its receipt of a\ndetailed invoice from Landlord, reimburse Landlord for the costs of the\nforegoing policy, prorated as necessary to cover only the periods during the\nLease Term.\n\n     9.3  Release and Waiver of Subrogation:  Notwithstanding anything to the\n          ---------------------------------                                  \ncontrary in the Lease, the parties hereto release each other, and their\nrespective agents, employees, subtenants, and contractors, from any liability\nfor injury to any person or damage to property that arises out of or incident to\nany peril covered by insurance carried by the parties or out a peril of the type\nto be covered by the insurance required to be carried under the terms of this\nLease, whether due to the negligence of Landlord or Tenant or their respective\nagents, employees, contractors, or invitees, or any other cause.  Each party\nshall cause each insurance policy obtained by it to provide that the insurer\nwaives all right of recovery by way of subrogation against the other party and\nits agents and employees in connection with any injury or damage covered by such\npolicy.\n\n 10. INDEMNITY:\n     --------- \n\n     10.1 Indemnification of Landlord:  Tenant shall hold harmless, indemnify\n          ---------------------------                                        \nand defend Landlord and its employees and agents, with competent counsel\nreasonably satisfactory to Landlord, from all liability, penalties, losses,\ndamages, costs, expenses, causes of action, claims and\/or judgments arising by\nreason of any death, bodily injury, personal injury or property damage to the\nextent resulting from the negligent act or omission of Tenant, its agents,\ncontractors, or employees, a breach by Tenant of this Lease, or a violation by\nTenant of any Law or Private Restriction.\n\n     10.2 Indemnification of Tenant:  Landlord shall hold harmless, indemnify\n          -------------------------                                          \nand defend Tenant and its employees and agents, with competent counsel\nreasonably satisfactory to Tenant, from all liability, penalties, losses,\ndamages, costs, expenses, causes of action, claims and\/or judgments arising by\nreason of any death, bodily injury, personal injury or property damage to the\nextent resulting from the negligent act or omission of Landlord, or its agents\ncontractors, or employees, a breach by Landlord of this Lease, or a violation by\nLandlord of any Law or Private Restriction.\n\n\n11.  DAMAGE &amp; DESTRUCTION:\n     -------------------- \n\n     11.1 Landlord's Duty to Restore:  If the Premises or the Building is\n          --------------------------                                     \ndamaged by any peril, Landlord shall restore the same to substantially the same\ncondition existing immediately prior to such damage, unless the Lease is\nterminated by Landlord pursuant to paragraph 11.2 or by Tenant pursuant to\nparagraph 11.3.  If the Lease is not terminated, all insurance proceeds\navailable from the fire and property damage insurance to be carried by Landlord\npursuant to paragraph 9.2 shall be paid to an independent depository and\ndisbursed as the restoration work progresses.  If this Lease is terminated\npursuant to either paragraph 11.2 or 11.3, then all insurance proceeds available\nfrom insurance carried by Landlord shall be paid to Landlord.\n\n                                       6\n\n \n     11.2 Landlord's Right to Terminate:  Landlord shall have the option to\n          -----------------------------                                    \nterminate this Lease in the event any of the following occurs, which option may\nbe exercised only by delivery to Tenant of a written notice of election to\nterminate within thirty (30) days after the date of such damage:\n\n          11.2.1    The Building is damaged by any peril both (i) not covered by\nthe type of insurance Landlord is required to carry pursuant to paragraph 9.2\nand (ii) not actually covered by valid and collectible insurance actually\ncarried by Landlord and in force at the time of such damage or destruction, to\nsuch an extent that the estimated cost to restore the Building exceeds ten\npercent (10%) of the then actual replacement cost thereof; or\n\n          11.2.2    The Premises are damaged by any peril during the last twelve\n(12) months of the Lease Term and the restoration of the Premises cannot be\nsubstantially completed within sixty (60) days after the date of such damage;\nprovided, however, that Landlord may not terminate this Lease pursuant to this\nSubparagraph 11.2.2 if Tenant, at the time of such damage, has an express\nwritten option to further extend the term of this Lease and Tenant exercises\nsuch option to so further extend the Lease Term within thirty (30) days\nfollowing the delivery to Tenant of Landlord's written termination notice.\n\n     11.3 Tenant's Right to Abatement and Termination:  If all or any portion of\n          -------------------------------------------                           \nthe Premises or the Building should become unsuitable for Tenant's use as a\nconsequence of fire, casualty, cessation of utilities not caused by Tenant for a\nperiod exceeding ten (10) days, or the presence of any Hazardous Material not\nreleased, emitted or discharged to the Premises by Tenant or its agents,\nemployees or contractors, then Tenant shall be entitled to an abatement of all\nMonthly Rent payable hereunder to the extent of the interference with Tenant's\nuse of the Premises occasioned thereby and, if such interference cannot be\ncorrected or the damage resulting therefrom repaired so that the Premises will\nbe reasonably suitable for Tenant's intended use within ninety (90) days\nfollowing the occurrence of such event, then Tenant also shall be entitled to\nterminate this Lease by delivery of written notice of termination to Landlord at\nany time prior to cessation of the interfering event or restoration of the\nPremises.\n\n12.  CONDEMNATION:\n     ------------ \n\n      12.1  Taking of Premises:  If all or any part of the Premises or the\n            ------------------                                            \nBuilding is taken by means of (i) any taking by the exercise of the power of\neminent domain, whether by legal proceedings or otherwise, (ii) a voluntary sale\nor transfer by Landlord to any condemnor under threat of condemnation or while\nlegal proceedings for condemnation are pending, or (iii) any taking by inverse\ncondemnation (a 'Condemnation'), and any portion of the Premises or the Building\ncannot be reconstructed within a reasonable period of time and thereby made\nreasonably suitable for Tenant's continued occupancy for the Permitted Use, then\nTenant shall have the option to terminate this Lease.  Any such option to\nterminate by Tenant must be exercised within a reasonable period of time, to be\neffective as of the date that possession of the Premises is taken by the\ncondemnor.\n\n     12.2 Restoration Following the Taking:  If any part of the Premises or the\n          --------------------------------                                     \nBuilding is taken by Condemnation and this Lease is not terminated, then\nLandlord shall make all repairs and alterations that are reasonably necessary to\nmake that which is not taken a complete architectural unit reasonably suitable\nfor Tenant's occupancy for the Permitted Use.\n\n     12.3 Abatement of Rent:  Except in the case of a temporary taking, if any\n          -----------------                                                   \nportion of the Premises is taken by Condemnation and this Lease is not\nterminated, then as of the date possession is taken, the Monthly Rent shall be\nreduced in the same proportion that the value of the Premises so taken (less any\naddition thereto by reason of any reconstruction) bears to the value of the\nremainder of the Premises.\n\n     12.4 Temporary Taking:  If any portion of the Premises is temporarily taken\n          ----------------                                                      \nby Condemnation and such taking affects Tenant's ability to use the Premises for\nthe Permitted Use, then Tenant shall have the option to terminate this Lease,\neffective on the date possession is taken by the condemnor.\n\n                                       7\n\n \n     12.5 Division of Condemnation Award:  Tenant shall be entitled to receive\n          ------------------------------                                      \nany damages awarded by the court in connection with a Condemnation for leasehold\nimprovements installed in the Premises at Tenant's expense, Tenant's moving\ncosts and lost goodwill.  The entire balance of the award shall be the property\nof Landlord.\n\n\n13.  DEFAULT AND REMEDIES:\n     ---------------------\n\n     13.1 Events of Tenant's Default:  Tenant shall be in default of its\n          --------------------------                                    \nobligations under this Lease if any of the following events occurs:\n\n          13.1.1    Tenant fails to pay any Monthly Rent when due and such\nfailure is not cured within five (5) days after Landlord notifies Tenant in\nwriting that such nonpayment was not made when due; or\n\n          13.1.2    Tenant fails to perform any term, covenant, or condition of\nthis Lease (except those requiring the payment of money to Landlord) and Tenant\nfails to cure such default within thirty (30) days after delivery of written\nnotice from Landlord specifying the nature of such default where such default\ncould reason  ably be cured within said thirty (30) day period, or fails to\ncommence such cure within said thirty (30) day period and thereafter\ncontinuously with due diligence prosecute such cure to completion where such\ndefault could not reasonably be cured within said thirty (30) day period; or\n\n          13.1.3    Tenant shall have made a general assignment of its assets\nfor the benefit of its creditors; or\n\n          13.1.4    Tenant shall have sublet the Premises or assigned its\ninterest in the Lease in violation of the provisions contained herein; or\n\n          13.1.5    Tenant shall have permitted the sequestration or attachment\nof, or execution on, or the appointment of a custodian or receiver with respect\nto, all or any substantial part of the property of Tenant or any property\nessential to the conduct of Tenant's business, and Tenant shall have failed to\nobtain a return or release of such property within thirty (30) days thereafter\nor prior to sale pursuant to such sequestration, attachment or levy, whichever\nis earlier; or\n\n          13.1.6    A court shall have made or entered any decree or order with\nrespect to Tenant, or Tenant shall have submitted to or sought a decree or order\n(or a petition or pleading shall have been filed in connection therewith) which:\n(i) grants or constitutes (or seeks) an order for relief, appointment of a\ntrustee, or confirmation of a reorganization plan under the bankruptcy laws of\nthe United States; (ii) approves as properly filed (or seeks such approval of) a\npetition seeking liquidation or reorganization under said bankruptcy laws or any\nother debtor's relief law or statute of the United States or any state thereof;\nor (iii) otherwise directs (or seeks) the winding up or liquidation of Tenant;\nand such petition, decree or order shall have continued in effect for a period\nof thirty (30) or more days.\n\n     13.2 Landlord's Remedies:  In the event of any default by Tenant, Landlord\n          -------------------                                                  \nmay, at Landlord's election, terminate this Lease by giving Tenant written\nnotice of termination, in which event this Lease shall terminate on the date set\nforth for termination in such notice.  Any termination under this subparagraph\nshall not relieve Tenant from its obligation to pay sums then due Landlord or\nfrom any claim against Tenant for damages or rent previously accrued or then\naccruing.  In no event shall any one or more of the following actions by\nLandlord, in the absence of a written election by Landlord to terminate this\nLease, constitute a termination of this Lease:\n\n          13.2.1    Appointment of a receiver or keeper in order to protect\nLandlord's interest hereunder;\n\n                                       8\n\n \n          13.2.2    Consent to any subletting of the Premises or assignment of\nthis Lease by Tenant, whether pursuant to the provisions hereof or otherwise; or\n\n          13.2.3    Any other action by Landlord or Landlord's agents intended\nto mitigate the adverse effects of any breach of this Lease by Tenant, including\nwithout limitation any action taken to maintain and preserve the Premises or any\naction taken to relet the Premises or any portions thereof, for the account of\nTenant and in the name of Tenant.\n\n    13.3. Rights Upon Termination:  In the event Landlord terminates this\n          -----------------------                                        \nLease, Landlord shall be entitled, at Landlord's election, to damages in an\namount as set forth below:\n\n          13.3.1    The worth at the time of award of the amount by which the\nunpaid rent for the balance of the term after the time of award exceeds the\namount of such rental loss that Tenant proves could be reasonably avoided,\ncomputed by discounting such amount at the prime rate published in the Wall\n                                                                       ----\nStreet Journal at the time of award plus one percent (1%); and\n--------------                                                \n\n          13.3.2    Any other amount necessary to compensate Landlord for all\ndetriment proximately caused by Tenant's failure to perform Tenant's obligations\nunder this Lease, or which in the ordinary course of things would be likely to\nresult therefrom.\n\n          13.3.3    Notwithstanding anything to the contrary set forth in\nthis Lease, Landlord shall use its best efforts to mitigate any damages\nresulting from any default by Tenant, and Tenant shall not in any event be\nliable for any damages reasonably mitigable by Landlord.  Landlord waives any\nright of distraint, distress for rent or landlord's lien that may arise at law.\n\n     13.4 Landlord's Default and Tenant's Remedies:  In the event Landlord fails\n          ----------------------------------------                              \nto perform any of its obligations under this Lease and fails to cure such\ndefault within thirty (30) days after written notice from Tenant specifying the\nnature of such default where such default could reasonably be cured within said\nthirty (30) day period, or fails to commence such cure within said thirty (30)\nday period and thereafter continuously with due diligence prosecute such cure to\ncompletion where such default could not reasonably be cured within said thirty\n(30) day period, then Tenant shall have the following remedies:\n\n          13.4.1    Tenant may proceed in equity or at law to compel Landlord to\nperform its obligations and\/or to recover damages proximately caused by such\nfailure to perform (except to the extent Tenant has waived its right to damages\nresulting from injury to person or damage to property as provided herein).\n\n          13.4.2    Tenant may cure any default of Landlord at Landlord's cost.\nIf Tenant at any time by reason of Landlord's default reasonably pays any sum or\ndoes any act that requires the payment of any sum, the sum paid by Tenant shall\nbe immediately due from Landlord to Tenant at the time the sum is paid, and\nshall bear interest at the Agreed Interest Rate from the date the sum is paid by\nTenant until Tenant is reimbursed by Landlord.  Any such amount shall be payable\nby Landlord to Tenant within ten (10) days following Tenant's written demand for\npayment and if not so paid, may be offset against the next installments of\nMonthly Rent payable by Tenant to Landlord under the Lease.\n\n     13.5 Waiver:  One party's consent to or approval of any act by the other\n          ------                                                             \nparty requiring the first party's consent or approval shall not be deemed to\nwaive or render unnecessary the first party's consent to or approval of any\nsubsequent similar act by the other party.  The receipt by Landlord of any rent\nor payment with or without knowledge of the breach of any other provision hereof\nshall not be deemed a waiver of any such breach unless such waiver is in writing\nand signed by Landlord.  No delay or omission in the exercise of any right or\nremedy accruing to either party upon any breach by the other party under this\nLease shall impair such right or remedy or be construed as a waiver of any such\nbreach theretofore or thereafter occurring.  The waiver by either party of any\nbreach of any provision of this Lease shall not be deemed to be a waiver of any\nsubsequent breach of the same or any other provisions herein contained.\n\n                                       9\n\n \n14.  ASSIGNMENT AND SUBLETTING:\n     ------------------------- \n\n     14.1 By Tenant:  The following provisions shall apply to any assignment\n          ---------                                                         \nor subletting by Tenant:\n\n          14.1.1    Tenant shall not sublet the Premises or assign or encumber\nits interest in this Lease, without Landlord's prior written consent, which\nconsent shall not be unreasonably withheld or delayed. Landlord shall be deemed\nto have consented to any proposed assignment or subletting if it has not\nreasonably withheld its consent to any such proposed assignment or subletting\nwithin fifteen (15) days of Tenant's request for consent.\n\n          14.1.2    Consent by Landlord to one or more assignments or\nencumbrances of this Lease or to one or more sublettings of the Premises shall\nnot be deemed to be a consent to any subsequent assignment, encumbrance, or\nsubletting.\n\n          14.1.3    Notwithstanding the foregoing, Tenant may assign this Lease\nor sublet all or a portion of the Premises without Landlord's consent (i) to a\nparent, subsidiary, or an entity under common control with Tenant, (ii) in\nconnection with the transfer of stock of Tenant, or (iii) in connection with the\nsale of substantially all of Tenant's assets located in the Premises.\n\n     14.2 By Landlord:  Landlord and its successors in interest shall have the\n          -----------                                                         \nright to transfer their interest in the Building.  As used herein, the term\n'Landlord' shall mean the Landlord originally named herein, but following any\ntransfer of its interest in the Premises and the Property, the term 'Landlord'\nshall thereafter mean the transferee of such interest.\n\n15.  TERMINATION:\n     ----------- \n\n     15.1  Surrender of the Premises:  Immediately prior to the expiration or\n           -------------------------                                         \nupon the earlier termination of this Lease, Tenant shall remove all Leasehold\nImprovements installed in the Premises by Tenant (which Landlord has not agreed\nmay remain in the Premises), trade fixtures and other personal property, repair\nall damage caused by the installation and removal of such property, and vacate\nand surrender the Premises to Landlord in good condition, reasonable wear and\ntear, condemnations, perils and Hazardous Materials not placed on or about the\nPremises by Tenant, its agents, employees or contractors excepted.\n\n      15.2 Holding Over:  Any holding over after the expiration of the Lease\n           ------------                                                     \nTerm and with the written consent of Landlord shall be construed to be a tenancy\nfrom month to month on the same terms and conditions herein specified insofar as\napplicable.\n\n16.  RIGHT OF FIRST REFUSAL TO PURCHASE:  If at any time during the Lease Term,\n     ----------------------------------                                        \nLandlord elects to sell the Premises, Tenant shall have the right of first\nrefusal to meet any bona fide offer to purchase the Premises received by\nLandlord from any party on the same terms and conditions of such offer.\nLandlord shall promptly provide Tenant with a copy of any such offer and Tenant\nshall have sixty (60) days after its receipt of the offer to agree in writing to\npurchase the Premises on the same terms and conditions stated in the offer.  If\nTenant does not indicate in writing its agreement to purchase the Premises on\nthe terms contained in the offer within said sixty (60) day period, then\nLandlord thereafter shall have the right to sell the Premises to such party  on\nthe same terms and conditions stated in the offer.  If Landlord does not sell\nthe Premises within ninety (90) days after the expiration of said sixty (60) day\nperiod, or if terms and conditions of the offer to purchase the Premises are\nchanged, then any further transaction shall be deemed a new offer to purchase\nthe Premises and the provisions of this paragraph shall again be applicable.\nNotwithstanding the foregoing, Landlord may, without Tenant's right of first\nrefusal, sell the Premises to Amos Weiss.  Should Amos Weiss become the owner of\nthe Premises, and should he during the Lease Term elect to sell the Premises,\nthen the provisions of this Section 16 shall apply to any bona fide offer to\npurchase received by Mr. Weiss.\n\n                                      10\n\n \n17.  GENERAL PROVISIONS:\n     ------------------ \n\n          17.1 Landlord's Right to Enter:  Landlord or its agents may enter the\n               -------------------------                                       \nPremises at any reasonable time for the purpose of (i) inspecting the same, (ii)\nposting notices of nonresponsibility, (iii) supplying any service to be provided\nby Landlord to Tenant, (iv) making necessary alterations, additions or repairs,\n(v) performing Tenant's obligations when Tenant has failed to do so within\nthirty (30) days after written notice from Landlord, and\/or (vi) in case of an\nemergency.  However, Landlord may not so enter the Premises until it has first\ngiven Tenant at least forty-eight (48) hours prior written notice of its\nintention to do so (except in case of an emergency) and complies with all of\nTenant's security regulations.  If Tenant so elects, Landlord shall be\naccompanied by a representative Tenant during any such entry.  Landlord shall\nnot have the right to open or inspect confidential files or safes, and Landlord\nshall not disclose to others any confidential information regarding Tenant's\nbusiness learned by Landlord during any such entry into the Premises.\n\n     17.2 Estoppel Certificates:  Each party agrees, following any request by\n          ---------------------                                              \nthe other, promptly to execute and deliver an estoppel certificate upon which\nthe requesting party and any others it designates may rely (i) certifying that\nthis Lease is unmodified and in full force and effect, or, if modified, stating\nthe nature of such modification and certifying that this Lease, as so modified,\nis in full force and effect, (ii) stating the date to which the rent and other\ncharges are paid in advance, if any, (iii) acknowledging that there are not, to\nthe certifying party's knowledge, any uncured defaults on the part of the other\nparty hereunder, or if there are stating their nature, and (iv) certifying such\nother information about the Lease as may be reasonably required by the\nrequesting party.\n\n     17.3 Reimbursable Expenditures:  Any expenditure by a party permitted or\n          -------------------------                                          \nrequired under this Lease, for which such party is entitled to demand and does\ndemand reimbursement from the other party, shall be limited to the actual cost\nto the demanding party of the goods and\/or services giving rise to such\nexpenditure, which cost shall not exceed the fair market value of such goods\nand\/or services; shall be reasonably incurred; and shall be substantiated by\ndocumentary evidence available for inspection and review by the other party or\nits representative during normal business hours.\n\n     17.4 Notices:  Any notice required or desired to be given regarding this\n          -------                                                            \nLease shall be in writing and may be personally served, or in lieu of personal\nservice may be given by mail.  If given by mail, such notice shall be deemed to\nhave been given (i) on the third business day after mailing if such notice was\ndeposited in the United States mail, certified and postage prepaid, addressed to\nthe party to be served at its address set forth below its signature, and (ii) in\nall other cases when actually received.  Either party may change its address by\ngiving notice of same in accordance with this paragraph.\n\n     17.5 Attorneys' Fees:  In the event either party shall bring any action or\n          ---------------                                                      \nlegal proceeding for an alleged breach of any provision of this Lease, to\nrecover rent, to terminate this Lease or to otherwise enforce, protect or\nestablish any term or covenant of this Lease or right of either party, the\nprevailing party shall be entitled to recover as a part of such action or\nproceedings, or in a separate action brought for that purpose, reasonable\nattorneys' fees and court costs as may be fixed by the court.\n\n     17.6 Corporate Authority:  Each individual executing this Lease on behalf\n          -------------------                                                 \nof a corporation represents and warrants that he or she is duly authorized to\nexecute and deliver this Lease on behalf of said corporation and that this Lease\nis binding upon said corporation in accordance with its terms.\n\n     17.7 Miscellaneous:  Should any provision of this Lease prove to be invalid\n          -------------                                                         \nor illegal, such invalidity or illegality shall in no way affect, impair or\ninvalidate any other provision hereof, and such remaining provisions shall\nremain in full force and effect. This Lease shall be governed by the laws of the\nState of Michigan.  Time is of the essence with respect to the performance of\nevery provision of this Lease in which time of performance is a factor. Any\nexecuted copy of this Lease shall be deemed an original for all purposes.  This\nLease shall, subject to the provisions regarding assignment, apply to and bind\nthe respective heirs, successors, executors, administrators and assigns of\nLandlord and Tenant.  The language in all parts of this Lease shall in all cases\nbe construed as a \n\n                                      11\n\n \nwhole according to its fair meaning, and not strictly for or against either\nLandlord or Tenant. The captions used in this Lease are for convenience only and\nshall not be considered in the construction or interpretation of any provision\nhereof. When the context of this Lease requires, the neuter gender includes the\nmasculine, the feminine, a partnership or corporation or joint venture, and the\nsingular includes the plural. The terms 'shall', 'will', and 'agree' are\nmandatory. The term 'may' is permissive. When a party is required to do\nsomething by this Lease, it shall do so at its sole cost and expense without\nright of reimbursement from the other party unless specific provision is made\ntherefor. Whenever one party's consent or approval is required to be given as a\ncondition to the other party's right to take any action pursuant to this Lease,\nthen such consent or approval shall not be unreasonably withheld or delayed.\nLandlord shall not become or be deemed a partner or a joint venturer of Tenant\nby reason of this Lease.\n\n     17.8 Brokerage Commissions:  Each party warrants to the other that it has\n          ---------------------                                               \nnot had any dealings with any real estate brokers or salesmen or incurred any\nobligations for the payment of real estate brokerage commissions or finder's\nfees which would be earned or due and payable by reason of the execution of this\nLease.\n\n     17.9 Memorandum of Lease:  At Tenant's request, Landlord shall execute in\n          -------------------                                                 \nrecordable form, a 'Memorandum of Lease' referencing the Lease and setting forth\nthe true and legal description and assessor's parcel number of the Property in a\nform reasonably acceptable to Lessee, and which Memorandum of Lease shall be\nrecorded in the Official Records of Bay County, Michigan.\n\n    17.10 Subordination:  The following provisions shall govern the\n          -------------                                            \nrelationship of this Lease and any underlying lease, mortgage or deed of trust\nwhich now or hereafter affects the Premises, and any renewal, modification,\nconsolidation, replacement or extension thereof (collectively, 'Security\nInstruments'), which have been or may hereafter be executed affecting the\nPremises:\n\n          17.10.1  This Lease shall not be subject or subordinate to any\nexisting or future Security Instruments unless the holder of the Security\nInstrument in question executes a recognition and nondisturbance agreement which\n(i) provides that this Lease shall not be terminated so long as Tenant is not in\ndefault under this Lease and (ii) recognizes all of Tenant's rights hereunder;\nand\n\n     17.11 Quiet Possession:  Tenant shall peacefully have, hold and enjoy\n           ----------------                                               \nthe Premises, subject to the other terms of this Lease, provided that Tenant\npays the Monthly Rent and performs all of Tenant's covenants and agreements\ncontained in this Lease.  This covenant and the other covenants of Landlord\ncontained in this Lease shall be binding upon Landlord and its successors only\nwith respect to breaches occurring during its and their respective ownerships of\nLandlord's interest hereunder.\n\n     17.12 Entire Agreement:  The Lease and the documents referred to herein\n           ----------------                                                 \nconstitute the entire agreement between the parties, and there are no binding\nagreements or representations between the parties except as expressed herein.\nNo subsequent change or addition to this Lease shall be binding unless in\nwriting and signed by the parties hereto.\n\n                                      12\n\n \n     IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease with the\nintent to be legally bound thereby, to be effective as of the Commencement Date\nof this Lease.\n\n\nAS LANDLORD:                              AS TENANT:\n\n\/s\/ Larry Shackley                        Concentric Network Corporation, a\n-------------------------------           Delaware corporation\n         Larry Shackley                   \n\n                                          By: \/s\/ Donald C. Schutt\n                                             --------------------------------\n                                          Its: Vice President                \n                                              -------------------------------\n                                                                             \nAddress for Notices:                      Address for Notices:               \n3783 Mackinaw Road                        10590 N. Tantau Ave.               \n-------------------------------           -----------------------------------\nBay City, MI 48706                        Cupertino, CA 95014                \n-------------------------------           -----------------------------------\nOctober 7, 1996                           October 7, 1996                    \n-------------------------------           -----------------------------------\n\n \n                                  EXHIBIT 'A'\n\n                               Legal Description\n\n                                [to be attached]\n\n \n                                  EXHIBIT 'B'\n\n                              Exceptions to Title\n\n                                [to be attached]\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7174],"corporate_contracts_industries":[9519],"corporate_contracts_types":[9596,9579],"class_list":["post-41729","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-concentric-network-corp","corporate_contracts_industries-telecommunications__telephone","corporate_contracts_types-land__mi","corporate_contracts_types-land"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/41729","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=41729"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41729"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41729"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41729"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}