{"id":41820,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/3400-e-allen-street-philadelphia-pa-lease-agreement-general.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"3400-e-allen-street-philadelphia-pa-lease-agreement-general","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/3400-e-allen-street-philadelphia-pa-lease-agreement-general.html","title":{"rendered":"3400 E. Allen Street (Philadelphia, PA) Lease Agreement &#8211; General Properties Co. and Mohawk Carpet Corp."},"content":{"rendered":"<pre>\n                          GENERAL PROPERTIES COMPANY\n                             301 City Line Avenue\n                          Bala Cynwyd, PA 19004-1722\n                       (610) 667-2711 FAX (610) 667-3485\n\nJune 19, 1995\n\nMohawk Carpet Corporation\nc\/o Mohawk Industries, Inc.\nAttn: Mr. A. Spencer\nDivision Vice President\nPO Box 1707\nGreenville, NC 27835\n\nRe:   3400 East Allen Street\n      Philadelphia, PA\n      ----------------------\n  \nDear Mr. Spencer:\n\nThe purpose of this letter is to confirm the agreement of Mohawk Carpet\nCorporation and General Properties Company to extend the term of our present\nLease with you.\n\nWe have agreed that the term of the Agreement of Lease dated December 15, 1970,\nas stated in Paragraph 2 thereof and as subsequently renewed pursuant to\nParagraph 42 thereof through December 31, 1985, and extended through December\n31, 1990, and extended to December 31, 1995 is hereby extended to December 31,\n2000.\n\nIn addition, the minimum annual rent as stated in Paragraph 4 of the Lease and\nas subsequently increased to $55,000, will be reduced to $50,000 annually,\n$4,1667.67 monthly and will remain at $50,000 through December 31, 2000.\n\nAll other terms of the Lease will remain in effect during the extended term.\n\nPlease confirm your agreement of these terms by signing the enclosed additional\ncopy of this letter and returning it to me for our file. If you have any\nquestions regarding this matter, please do not hesitate to contact us.\n\nSincerely,\n                                       APPROVED AND ACCEPTED:\n\n                                       By: \/s\/ A. C. Spencer\n                                          -----------------------------\nEric E. Korngold                           \nSecretary\/Treasurer                    Title: Dir V.P. Weal Operator  \n                                              -------------------------\nEEK\/mh                                 Date:   6-28-95  \nEnclosure                                     -------------------------\n\ncc: C. Fowler                          By:  \/s\/ John D. Gault\n                                           ----------------------------  \n                                         \n                                       Title: Vice President of Finance  \n                                             --------------------------\n                                         \n                                       Date:   6-30-95 \n                                            ---------------------------\n \n     THIS AGREEMENT OF LEASE made this 15\/th\/ day of December 1970, by and\nbetween GENERAL BAG &amp; BURLAP COMPANY, a partnership, (hereinafter called\n'Landlord') and DELAWARE VALLEY WOOL SCOURING CO., a Pennsylvania corporation,\n(hereinafter called 'Tenant'),\n\n\n                             W I T N E S S E T H:\n                             - - - - - - - - - -  \n\n          1. Premises. Landlord does hereby demise and let unto Tenant and\n             --------\nTenant does hereby lease and take from Landlord, for the term and upon the terms\nand conditions set forth in this lease, the property located at 3400 E. Allen\nStreet, Philadelphia, Pennsylvania, (being hereinafter referred to as 'the\nPremises').\n\n          2. Term. The original term of this lease shall commence and possession\n             ----\nshall be given on January 1, 1971 and unless further extended or sooner\nterminated as hereinafter provided shall end on December 31, 1975.\n\n          3. Use of Premises. The Premises shall be used for any lawful purpose\n             ---------------\nnot harmful to the building.\n\n          4. Minimum Annual Rent. Commencing on January 1, 1971 and thereafter\n             -------------------\nthroughout the original term of this Lease, Tenant agrees to pay to Landlord,\nwithout notice or demand, and without setoff, a net minimum annual rent of Forty\nThousand Dollars ($40,000), payable in advance in equal monthly installments of\n$3,333.33 for eleven months, the twelfth payment to be in the amount of\n$3,333,37.\n \n          5. Additional Rent.  (a) Taxes and Other Impositions.\n             --------------    -------------------------------\n          Subject to the provisions of Article 6 hereof, Tenant shall pay, as\nadditional rent, throughout the term hereof and any renewal or extension\nthereof, before any fine, penalty, interest or cost may be added thereto for the\nnon-payment thereof (or sooner if elsewhere herein required), all levies, taxes,\nassessments, water and sewer rents and charges, liens, charges and imposts and\neach and every levy or charge of the same nature, general and special, ordinary\nand extraordinary, foreseen and unforeseen, of any kind and nature whatsoever\n(all of which are hereinafter referred to as 'impositions') which may hereafter\nbe created, levied, assessed, adjudged, imposed or charged upon or with respect\nto the Premises or any improvements made thereto, or on any part of the\nforegoing, or indirectly upon this lease or the rents payable hereunder, or\nagainst Landlord, because of Landlord's estate or interest herein, by any\nfederal, state or municipal government, or under any law, ordinance or\nregulation thereof or of any public authority whatsoever, including, among\nothers, all special tax bills and general, special or other assessments and\nliens or charges made on local or general improvements or under any governmental\nor public power or authority whatsoever; provided however, if any imposition\nshall be created, levied, assessed, adjudged, imposed, charged or become a lien\nwith respect to a period of time which commences before or ends after the\nexpiration of the term of this lease (other than by reason of breach of the\nterms hereof by Tenant), then Tenant shall only be required to pay that\nproportion of such imposition which is, equal to the proportion of said period\nwhich falls within the terms of this lease; and further provided\n\n                                      -2-\n \nthat Tenant's obligation to pay real estate taxes shall begin when rent\ncommences to accrue.\n\n\n          (b)  Right to Contest. Tenant shall furnish Landlord, not later than\n               ----------------   \nfive (5) days before the last day upon which they may be paid without any fine,\npenalty or interest, receipts or other evidence satisfactory to Landlord of the\npayment of all impositions. Tenant may bring proceedings for contesting the\nvalidity or amount of any imposition, or to recover payments therefor, and\nTenant agrees to save Landlord harmless from all costs and expenses in\nconnection therewith and may postpone the tax payment only if it does not\nconstitute a mortgage default or cause the premises to be exposed to a tax sale.\nLandlord shall cooperate with Tenant with respect to such proceedings to the\nextent reasonably necessary, but all costs,fees and expenses incurred in\nconnection with such proceedings shall be borne by Tenant.\n\n          (c) Possible Payment of Impositions to Mortgagees. Notwithstanding the\n              --------------------------------------------- \nforegoing, if the holder of any mortgage upon the fee title to the Premises\nrequires that payments be made to such holder on account of any imposition, then\ndeposits by Tenant with such mortgagee of amounts otherwise required to be paid \nhereunder shall, to the extent thereof, be in satisfaction of the obligation of \nTenant hereunder, provided that Tenant shall furnish proof satisfactory to \nLandlord that such deposits have been made. Tenant agrees, upon notice from \nLandlord, to make such deposits on account of impositions with any such \nmortgagee according to the terms of any such mortgage.\n             \n          6. Net Lease.  It is understood and agreed that this is a net lease. \n             ---------\nIt is the intention of the parties that Landlord shall receive all rentals \npayable hereunder free from\n\n                                      -3-\n \ncharges required to be paid to maintain and carry the Premises; provided, \nhowever, that nothing herein contained shall require Tenant to pay the principal\nof, or interest on, or any other payment under any mortgage of fee title to the \nPremises or any estate,inheritance, succession or capital levy tax of Landlord, \nor any income, excess profits or revenue tax, or any other tax, assessment, \ncharge or levy which Landlord is required to pay by reason of the income \nrepresented by the rents reserved hereunder.\n\n          7.  Insurance. \n              ---------    \n                   \n              (a) Tenant, at Tenant's sole cost and expense, shall maintain and\nkeep in effect throughout the term insurance (evidenced by policies or\ncertificates delivered to and held by Landlord):\n\n          (i)   Insurance against loss or damage to the Premises and all other \nimprovements upon the Premises of such kind and such amounts as are satisfactory\nto Landlord; and also boiler insurance;\n\n          (ii)  Insurance against abatement or loss of rental by reason of any \nof the occurrences described in the preceding subparagraph in an amount equal to\nminimum and additional rental for the term of this lease, the cost thereof for \ntwelve (12) months following the occurrence of any such casualty to be borne by \nTenant and the balance of the cost thereof to be borne by Landlord.\n\n          (iii) Insurance against loss or liability in connection with bodily \ninjury or death or property damage in or upon the Premises, under policies of \ngeneral public liability insurance, with such limits as to each as may be \nreasonably required by Landlord from time to time but not less than $500,000 for\neach person or $1,000,000 for each occurrence in respect to bodily injury or \ndeath and $100,000 for each occurrence in respect to property damage.\n\n               (b) The policies or certificates of insurance provided for in \nsubparagraph (a) of this Article 7 shall provide for payment\n\n                                      -4-\n \nsolely to the Landlord and any mortgagees designated by the Landlord, in\naccordance with the standard mortgagee endorsement. The policies will also\ninsure the interests of Tenant and any other tenants in the building. The\npolicies of general public liability insurance shall name inter alia, Landlord\nand Tenant as the insured parties.\n\n          (c)  All policies (or certificates) shall provide that they shall not\nbe cancellable without at least thirty (30) days' prior written notice, to\nLandlord and to any mortgagee designated as aforesaid by Landlord and shall be\nissued by insurers of recognized responsibility licensed to do business in the\nState of Pennsylvania. At least five (5) days prior to the commencement of the\nterm, the originals and a signed duplicate copy of such policies (or in the\nalternative a certificate, if the Tenant has blanket policies) shall be\ndelivered by Tenant to Landlord and at least thirty (30) days before any such\npolicy shall expire Tenant shall deliver the original and a signed duplicate\ncopy of a replacement policy (or certificate) to Landlord.\n\n          (d)  Each of the parties hereto hereby releases the other, to the \nextent of the releasing party's actual recovery under its insurance policies, \nfrom any and all liability for any loss or damage which may be inflicted upon \nthe property of such party even if such loss or damage shall be brought about by\nthe fault or negligence of the other party, its agents or employees; provided, \nhowever that this release shall be effective only with respect to loss or damage\noccurring during such time as the appropriate policy of insurance shall contain \na clause to the effect that this release shall not affect said policy or the \nright of the insured to recover thereunder. If any policy does not provide for \nsuch waiver, and if the party to benefit therefrom requests that such a waiver \nbe obtained, the insured party agrees to obtain an endorsement to its insurance \npolicies permitting such a waiver of subrogation if it is available. If an \nadditional premium is\n\n                                      -5-\n \ncharged for such waiver,the party benefitting therefrom if it desires to have\nthe waiver, agrees to pay to the other the amount of such additional premium\npromptly upon being billed therefor.\n\n          8.  Public Utility Charges.  Tenant agrees to pay or cause to be paid \n              ----------------------\nall charges for gas, electricity, light, heat, steam, power, water and \nsewerage, telephone or other communication services used, and other services \nrendered or supplied upon or in connection with the Premises throughout the term\nof this lease, and to indemnify Landlord and save Landlord harmless against any \nliability or damages on such account.\n \n\n          9.  Repairs and Maintenance.\n              -----------------------\n\n          (a)  Tenant covenants throughout the term of this lease, at Tenant's\nsole cost and expense, to take good care of the Premises, all equipment and\nsystem within it, and the sidewalks and curbs adjoining thereto, and subject to \nthe provisions of this lease elsewhere set forth, to keep the same in good order\nand condition, and promptly at Tenant's own cost and expense to make all \nnecessary repairs, interior and exterior, structural and non-structural, \nordinary as well as extraordinary, foreseen as well as unforeseen. When used in \nthis Article, the term 'repairs' shall include replacements and renewals, and \nall such repairs made by Tenant shall be at least equal in quality and \nusefulness to the original improvements and equipment.\n\n          (b)  Tenant shall keep and maintain all portions of the Premises \nincluding the sidewalks and curbs adjacent thereto, and including any portions \nof the building used in common with Landlord or other Tenants, in a clean and \norderly condition, free of accumulations of dirt, rubbish, ice and snow and \nshall keep such portion of the street, properly maintained. The boiler(s), \nwhether used by Tenant or not, must be maintained in good operating condition, \nwith permits renewed as necessary and with boiler insurance in effect.\n\n                                      -6-\n \n               (c)  All improvements, repairs and alterations made or installed\non the Premises by or on behalf of Tenant shall immediately upon completion or\ninstallation thereof be and become the property of Landlord without payment\ntherefor by Landlord and shall be surrendered to Landlord upon the expiration or\nearlier termination of the term of this lease, except that any machinery,\nequipment or fixtures installed by Tenant and used in the conduct of Tenant's\nbusiness and not to service of the building generally, shall remain Tenant's\nproperty, and shall be removed at the termination of this lease provided that\nTenant fully and promptly restores any damage to the Premises occasioned by the\ninstallation or removal thereof.\n\n               (d)  Anything elsewhere herein to the contrary notwithstanding,\nLandlord covenants throughout the term of this lease, at Landlord's sole cost\nand expense, to make all necessary repairs to the roof and exterior structural\nwalls of the Premises.\n\n          10.  Compliance with Rules, Ordinances, etc. Tenant covenants\n               --------------------------------------\nthroughout the term of this lease, at Tenant's sole cost and expense, promptly\nto comply with all laws and ordinances and notices, orders, rules, regulations\nand requirements of all federal, state and municipal governments and appropriate\ndepartments, commissions, boards and officers thereof, and notices, orders,\nrules and regulations of the National Board of Fire Underwriters, or any other\nbody now or hereafter constituted exercising similar functions, relating to all\nor any part of the Premises, exterior as well as interior, foreseen or\nunforeseen, ordinary as well as extraordinary, structural as well as non-\nstructural, or to the fixtures and equipment thereof and the sidewalks and curbs\nin or adjoining the Premises or to the use or manner of use of the Premises,\nprovided, however, anything elsewhere herein to the contrary notwithstanding,\nthat Tenant is not obligated\n\n                                      -7-\n \nto make structural changes in the Premises, at its expense, which are necessary\nby reason of deterioration by wear and tear other than wear and tear caused by\nTenant's use of the Premises.\n\n                    11.  Alterations and Additions by Tenant. Tenant agrees\n                         -----------------------------------\nthat it will not, without on each occasion first obtaining Landlord's prior\nwritten consent (which shall not unreasonably be delayed or withheld), make or\npermit to be made any a1terations or additions to the building and other\nimprovements upon the Premises.\n\n                    12.  Inspection of Premises by Landlord.\n                         ----------------------------------\n          \n                         (a)  Tenant agrees to permit Landlord and the\nauthorized representatives of Landlord to enter the Premise. at all, reasonable\ntimes during usual business hours for the purpose of (1) inspecting the same and\n(2) making any necessary repairs thereto and performing any work therein that\nmay be necessary by reason of Tenant's default under the terms of this lease,\nafter notice to the Tenant of the need therefor. Nothing herein shall imply any\nduty upon the part of Landlord to do any such work which under any provisions\nof this lease Tenant may be required to perform and the performance thereof by\nLandlord shall not constitute a waiver of Tenant's default in failing to perform\nthe same. Landlord may during the progress of any work in the Premises keep and\nstore therein all necessary materials, tools and equipment. Landlord shall not\nin any event be liable for inconvenience, annoyance, disturbance, loss of\nbusiness or other damage to Tenant by reason of making such repairs or the\nperformance of such work in the Premises, or on account of bringing materials,\nsupplies and equipment into or through the Premises during the course thereof\nand the obligations of Tenant under this lease shall not thereby be affected in \nany manner whatsoever.\n\n                                      -8-\n \n                    (b)  Landlord is hereby given the right during usual\nbusiness hours to enter the Premises and to exhibit the same for the purposes of\nsale or mortgage and, to exhibit the same to any prospective tenant.\n\n               13.  Surrender. Tenant agrees, at the expiration or earlier\n                    ---------\ntermination of the term hereof, promptly to yield up, clean and neat and free\nfrom objectionable odors, and in the same condition of order and repair in which\nthey are required to be kept throughout the term hereof, the Premises and all\nimprovements, alterations and additions thereto, and all fixtures and equipment\nservicing the building; and to remove Tenant's goods and effects and any\nmachinery, fixtures and equipment installed by Tenant, and to repair any damage\ncaused by the installation or removal thereof. Tenant further agrees that this\nlease shall, unless sooner terminated, pursuant to the provisions hereof, expire\nabsolutely on the expiration of the term hereof without the requirement of any\nnotice from Landlord to Tenant.\n\n               14.  Damage by Fire or other Casualty. \n                    --------------------------------\n\n                    (a)  In case of damage to the Premises by fire or other\ninsured casualty to such extent that the Premises cannot be restored to their\nformer condition within 180 days or in the alternative to such extent that more\nthan 75% of the value of the improvements on the Premises has been destroyed,\neither party shall have the right to terminate this lease and all the unaccrued\nobligations of the parties hereto (inclusive of minimum and Additional rent) by\nsending written notice of such termination to the other party within thirty (30)\ndays of the occurrence of such damage, the notice to specify a termination date\nno less than fifteen (15) days after its transmission. In case of lesser damage\nto the Premises by fire or other insured casualty,\n\n                                      -9-\n \nTenant shall promptly notify Landlord, and Tenant shall repair the damage. The\nwork shall be commenced promptly and completed with due diligence, except for\ndelays due to governmental regulation, unusual scarcity of or inability to\nobtain labor or materials, or causes beyond Tenant's reasonable control.\nProvided, however, that if the damage occurs during the last three (3) years of\nthe original term hereof and Tenant does not within thirty (30) days after the\noccurrence exercise any renewal option that Tenant has, or, if the damage occurs\nduring the last three (3) years of any renewal term, and in either case requires\nan expenditure of more than the minimum annual rent payable hereunder from the\ndate of such damage to the end of the term, either party shall have the right\nto terminate this lease and all the unaccrued obligations of. the parties hereto\nplus any written notice of such termination to the other party within thirty\n(30) days of the occurrence of such damage, the notice to specify a termination\ndate no less then fifteen (15) days after its transmission.\n\n                    (b)  Tenant's obligation to pay minimum and additional rent\n(except in the event of termination pursuant to the provision contained in the\nfirst sentence of paragraph 14(a) shall not in any way be affected by damage to,\nor destruction of, the Premises or any part thereof, regardless of cause, and\nthere shall be no abatement, diminution or reduction of rent by reason thereof,\nsubject to credit for rent insurance payments under Article 7(a)(ii).\n\n               15.  Signs. Tenant agrees it will not erect or maintain any\n                    -----\nexterior sign upon the building which is too heavy for the structure.\n\n               16.  Assignment and Subletting. Tenant agrees not to assign,\n                    -------------------------\nmortgage, pledge or encumber this lease, or sublet the Premises in whole\n\n                                     -10-\n \nor in part (except the office portion) without first obtaining the written\nconsent of Landlord, which consent shall not be withheld or delayed\nunreasonably. It is contemplated that Tenant will sublet the office portion\nsubject to the terms and provisions of this lease but Tenant will remain\nresponsible for compliance with all of the terms and provisions of this lease\nand Landlord's reasonable prior approval of the subtenant shall first be\nobtained. Tenant shall pay all commissions due by reason of any subletting of\nall or any portion of the Premises and shall indemnify, defend and save Landlord\nharmless from any claim for any such commission. Tenant agrees that, in the\nevent of any such subletting or any permitted assignment, it will deliver to\nLandlord, at the time of any such assignment or subletting, the assumption by\nthe assignee or subtenant of all of the obligations.\n\n               17.  Eminent Domain. If the Premises or any part thereof are\n                    --------------\ntaken or condemned for a public or quasi-public use (a sale in lieu of\ncondemnation to be deemed a taking or condemnation), this lease shall, as to the\npart taken, terminate as of the date title shall vest in the condemnor. In any\nsuch event, Tenant waives all claims against Landlord and as against the\ncondemning authority or party and Tenant covenants and agrees that Tenant will\nmake no claim by reason of the complete or partial taking of the Premises,\nexcept for 'special' damages provided for the Tenant in the Eminent Domain Code.\n\n               If this lease is not terminated after the exercise of\n\n                                     -11-\n \neminent domain the minimum annual rent (and correspondingly the monthly\ninstallments thereof) shall be equitably reduced for the balance of the term\ntaking into account the character and amount of such taking. If the parties are\nunable to agree, within thirty (30) days after the notice of the taking is given\nto Tenant, on the extent of the abatement, their dispute shall be referred to\narbitration by the American Arbitration Association in accordance with the rules\nof the Association then obtaining. The decision of the arbitrators shall be\nfinal and binding upon the parties and no appeal shall be taken therefrom.\n\n               18.  Curing Tenant's Defaults. If Tenant shall be in default in\n                    ------------------------\nthe performance of any of its obligations hereunder, Landlord may (but shall not\nbe obligated to do so), in addition to any other rights it may have in law or\nequity and after written notice to Tenant except in case of emergency, cure such\ndefault on behalf of Tenant, and Tenant shall reimburse Landlord for any sums\npaid or costs incurred by Landlord in curing such default, including interest at\nthe rate of eight percent (8%) per annum on all sums advanced by Landlord as\naforesaid, which sums and costs together with interest thereon shall be deemed\nadditional rent hereunder.\n\n               19.  Responsibility of Tenant. Tenant agrees to relieve and\n                    ------------------------\nhereby relieves Landlord from and agrees to indemnify Landlord against all\nliability by reason of any injury or damage to Tenant or to any other person or\nto property in the Premises, or the building of which the Premises is a part,\nwhether belonging to Tenant or to any other person, caused by any fire,\nbreakage, leakage, collapse or other event or occurrence in any portion of the\nPremises,\n\n                                     -12-\n \nor the building of which the Premises is a part, unless such fire, breakage,\nleakage, collapse or other event or occurrence, injury or damage be caused by\nthe negligence of Landlord.\n\n               20.  Subordination. This lease shall be subject and subordinate\n                    -------------\nat all times to the lien of any mortgages and\/or rents and\/or other\nencumbrances now or hereafter placed on the Premises, or the building of which\nthe Premises is a part, without the necessity of any further instrument or act\non the part of the Tenant to effectuate such subordination but, Tenant covenants\nand agrees to execute and deliver upon demand such further instrument or\ninstruments evidencing such subordination of this lease to the lien of any such\nmortgage and\/or ground rent and\/or other encumbrances as shall be desired by any\nmortgagee or proposed mortgagee or by any person.\n\n               Landlord agrees that so long as Tenant continues to pay the rent\nand additional rent reserved in this lease and otherwise complies with the terms\nand provisions hereof, no mortgagee or other lienholder shall disturb the rights\nof possession of Tenant in the Premises and Tenant shall not be made a party to\nany foreclosure or proceedings in lieu thereof by any mortgagee or other\nlienholder affecting the Property.\n\n               Provided, however, that the foregoing provisions of this Article\nshall be effective only in the event that any such mort-\n\n                                     -13-\n \ngage or other encumbrance provides, or the holder thereof agrees with Tenant\nthat, neither such holder nor its successors or assigns will take any action to\ninterfere with the rights of Tenant, its successors and assigns in the Premises\nso long as Tenant is not in default hereunder.\n\n               Notwithstanding the foregoing, however, any such holder may\nsubordinate its mortgage or other encumbrance to this lease, without Tenant's\nconsent, by notice in writing to Tenant. In such event, this lease shall\nthereupon be deemed prior in lien to such mortgage or other encumbrance without\nregard to their respective dates of execution and delivery; and in such event\nsuch holder shall have only the same rights with respect to this lease as\nthough it had been executed and delivered prior to the execution and delivery of\nthe mortgage or, other encumbrance.\n\n               21.  Remedies of Landlord. If the Tenant\n                    --------------------     \n               \n                    (a)  Does not pay in full when due any and all installments\nof rent and\/or any other charge or payment herein reserved, included, or agreed\nto be treated or collected as rent and\/or any other charge, expense or cost\nherein agreed to be paid by the Tenant, or\n\n                    (b)  Violates or fails to perform or otherwise breaks any\ncovenant or agreement herein contained; or\n\n                    (c)  Becomes insolvent, or makes an assignment for the\nbenefit of creditors, or if a petition in bankruptcy is filed by or against the\nTenant, or a bill in equity or other proceeding\n\n                                     -14-\n \nfor the appointment of a receiver for the Tenant is filed, or if proceedings for\nreorganization or for composition with creditors under any State or Federal law\nbe instituted by or against Tenant, not discharged within sixty (60) days\nthereafter, or if the real or personal property of the Tenant shall be sold or\nlevied upon by any Sheriff, Marshall or Constable.\n                         \n                    Then and in any or either of said events, there shall be\ndeemed to be a breach of this lease, and thereupon ipso facto and without entry\nor other action by Landlord\n\n                         (1)  The rent for the entire unexpired balance of the\nterm of this lease, as well as all other charges, payments, costs and expenses\nherein agreed to be paid by the Tenant, or at the option of Landlord any part\nthereof, and also all costs and officers' commissions including the five per\ncent (5%) chargeable by Act of Assembly to the Landlord, shall, in addition to\nany and all installments of rent already due and payable and in arrears and\/or\nany other charge or payment herein reserved, included or agreed to be treated or\ncollected as rent, and\/or any other charge, expense or cost herein agreed to be\npaid by the Tenant which may be due and payable and in arrears, be taken to be\ndue and payable and in arrears as if by the terms and provisions of this lease,\nthe whole balance of unpaid rent and other charges, payments, taxes, costs and\nexpenses were on that date payable in advance; and if this lease or any part\nthereof is assigned, or if the Premises or any part thereof is sublet, Tenant\nhereby irrevocably constitutes and\n\n                                     -15-\n \nappoints Landlord Tenant's agent to collect the rents due by such assignee or\nsublessee and apply the same to the rent hereunder without in any way affecting\nTenant's obligation to pay any unpaid balance of rent due hereunder;\n\n               (2)  This lease and the term hereby created shall determine and\nbecome absolutely void without any right on the part of the Tenant to save the\nforfeiture by payment of any sum due or by other performance of any condition,\nterm or covenant broken; whereupon, Landlord shall be entitled to recover\ndamages for such breach in an amount equal to an amount of rent reserved for\nthe balance of the term of this lease, less the fair rental value of the said\nPremises, for the residue of said term.\n\n               In the event of any default as above set forth, the Landlord, or\nanyone acting on Landlord's behalf, at Landlord's option may lease the Premises\nor any part or parts thereof for a term less than or exceeding the balance of\nthe term of this lease to such person or persons as may in Landlord's discretion\nseem best and the Tenant shall be liable for any loss of rent for the balance of\nthe then current term.\n\n               When this lease shall be determined by condition broken, either\nduring the original term of this lease or any renewal or extension thereof, and\nalso when and as soon as the term hereby created or any extension thereof shall\nhave expired, it shall be lawful for any attorney as attorney for Tenant to file\nan agreement for entering in any competent Court an amicable action and judgment\nin ejectment against Tenant and all persons claiming under Tenant for the\nrecovery by Landlord the possession of the Premises, for which this lease shall\nbe his sufficient warrant, whereupon, if Landlord so desires, a writ of\nExecution or of Possession may issue forthwith,\n\n                                     -16-\n \nwithout any prior writ or proceedings whatsoever, and provided that if for any\nreason after such action shall have been commenced the same shall be determined\nand the possession of the Premises hereby demised remain in or be restored to\nTenant, Landlord shall have the right upon any subsequent default or defaults,\nor upon the termination of this lease as hereinbefore set forth, to bring one or\nmore amicable action or actions as hereinbefore set forth to recover possession\nof said Premises.\n\n               In any amicable action of ejectment, Landlord shall first cause\nto be filed in such action an affidavit made by Landlord or someone acting for\nLandlord setting forth the facts necessary to authorize the entry of judgment,\nof which facts such affidavit shall be sufficient evidence, and if a true copy\nof this lease (and of the truth of the copy such affidavit shall be sufficient\nevidence) be filed in such action, it shall not be necessary to file the\noriginal as a warrant of attorney, any rule of Court, custom or practice to the\ncontrary notwithstanding.\n\n               22.  Waivers by Tenant, Stay, Exemption, Inquisition. If\n                    -----------------------------------------------\nProceedings shall be commenced by Landlord to recover possession under the\n\n                                     -17-\n \nActs of Assembly, either at the end of the term or sooner termination of this\nlease, or for nonpayment of rent or any other reason Tenant specifically waives\nthe right to the three (3) months' notice and\/or the fifteen (15) or thirty (30)\ndays' notice required by the Act of April 6, 1951, P. L. 69, and agrees that\nfive (5) days' notice shall be sufficient in either or any other case.\n\n               23.  Right of Assignee of Landlord. The right to enter judgment\n                    -----------------------------\nagainst Tenant and to enforce all of the other provisions of this lease\nhereinabove provided for may, at the option of any assignee of this lease, be\nexercised by any assignee of the Landlord's right, title and interest in this\nlease in his, her or their own name, notwithstanding the fact that any or all\nassignments of the said right, title and interest may not be executed and\/or\nwitnessed in accordance with the Act of Assembly of May 28, 1715, 1. Sm. L. 90,\nand all supplements and amendments thereto that have been or may hereafter be\npassed and Tenant hereby expressly waives the requirements of said Act of\nAssembly and any and all laws regulating the manner and\/or form in which such\nassignments shall be executed and witnessed.\n\n               24.  Forbearance. The failure of Landlord to insist in any one or\n                    -----------\nmore instances upon the performance of any of the covenants or conditions of\nthis lease or to exercise any right or privilege herein conferred shall not be\nconstrued as thereafter waiving or relinquishing any such covenants, conditions,\nrights or privileges and the same shall continue and remain in full force and\neffect, and waiver of one default or right shall not constitute waiver of any\nother default; and the receipt of any rent by Landlord from Tenant or any\nassignee or subtenant of Tenant, whether the same be rent that originally was\nreserved or that which may become payable under any covenants herein contained,\nor of any portion\n\n                                     -18-\n \nthereof, shall not operate as a waiver of the right of Landlord to enforce the\npayment of the additional rent or of any of the other obligations of this lease\nby such remedies as may be appropriate, and shall not waive or avoid the right\nof Landlord at any time thereafter to elect to terminate this lease, on account\nof such assignment, subletting, transferring of this lease or any other breach\nof any covenant herein, or condition of this lease, unless evidenced by\nLandlord's written waiver.\n\n               25.  Grace Period. Notwithstanding anything hereinabove stated,\n                    ------------\nit is understood and agreed that neither party hereto will exercise any right or\nremedy provided for in the lease or allowed by law because of any default of the\nother, unless such party shall have first given written notice thereof by\nregistered mail to the other, and the other, within a period of ten (10) days\nthereafter, shall have failed to pay the sum or sums due if the default consists\nof the failure to pay money, or if the default consists of something other than\nthe payment of money, shall have failed, within thirty (30) days thereafter to\nbegin and actively and diligently in good faith to proceed with the correction\nof the default until it shall be fully corrected; provided, however, that no\nsuch notice from Landlord shall be required nor shall Landlord be required to\nallow any part of the said notice period more than two (2) times during any\ntwelve (12) month period or if Tenant shall have removed from or shall be in the\ncourse of removing from the Premises or if a petition in bankruptcy or for\nreorganization shall have been filed by or against Tenant, resulting in an\nadjudication of bankruptcy or for reorganization or if a Receiver or Trustee is\nappointed for Tenant and such appointment and such receivership or trusteeship\nis not terminated within sixty (60) days or Tenant makes an assignment for the\nbenefit\n\n                                     -19-\n \nof creditors or if Tenant is levied upon and is about to be sold out upon the\nPremises by any sheriff, marshal or constable.\n\n               So long as Tenant is not in default, Landlord warrants Tenant's\npossession will not be disturbed by Landlord or anyone claiming through\nLandlord.\n\n               26.  Notices. All notices required or permitted hereunder from\n                    -------\neither of the parties to the other shall be in writing and sent by registered\nmail, return receipt requested, postage prepaid. Notices shall be addressed to\nTenant, at the premises with a copy to General Counsel, Fieldcrest Mills, Inc.,\nEden, North Carolina, 27288, and to Landlord at 101 East Princeton Road, Bala-\nCynwyd, Pennsylvania 19004. Either party may at any time, in the manner set\nforth for giving notices to the other, set forth a different address to which\nnotices to it shall be sent.\n\n               27.  Short Form; Tenant's Certificate. It is understood and\n                    --------------------------------\nagreed that the parties will execute and acknowledge simultaneously with the\nexecution of this lease, a short form thereof for recording purposes, if such is\nrequired by any present or proposed mortgagee of the Premises. Tenant agrees at\nany time and from time to time within ten (10) days after Landlord's written\nrequest, to execute, acknowledge and deliver to Landlord a written instrument in\nrecordable form certifying that this lease is unmodified and in full force and\neffect (or if there have been modifications, that the same is in full force and\neffect as modified and stating the modifications); that Tenant has accepted\npossession of the Premises; the dates to which minimum and additional rent and\nother charges have been paid in advance, if any; stating whether or not to the\nbest knowledge of the signer of such certificate Landlord is in default in the\nperformance of any covenant, agreement or condition contained in this lease, and\nif so, specifying each\n\n                                     -20-\n \nsuch default of which the signers may have knowledge, and stating that it is\nunderstood that such instrument may be relied upon by any prospective purchaser\nof the fee or any mortgagee.\n\n               28.  Definition of 'Landlord'. The word 'Landlord' is used herein\n                    -----------------------\nto include the Landlord named above as well as its partners, successors and\nassigns, and any other subsequent owner of the Premises, as well as the heirs,\npersonal representatives or successors and assigns of any such subsequent owner,\neach of whom shall have the same rights, remedies, powers, authorities and\nprivileges as he would have had had he originally signed this lease as Landlord,\nbut any such person, whether or not named herein, shall have no liability\nhereunder after he ceases to hold title to the said real estate, except for\nobligations which may have theretofore accrued.\n\n               29.  Definition of 'Tenant'. The word 'Tenant' is used herein to\n                    ---------------------\ninclude the Tenant named above as well as its successors and assigns, each of\nwhich shall be under the same obligations, liabilities and disabilities and have\nonly such rights, privileges, and powers as it would have possessed had it\noriginally signed this lease as Tenant. However, no such rights, privileges or\npowers shall inure to the benefit of any assignee of Tenant, immediate or\nremote, unless the assignment to such assignee is permitted or has been approved\nin writing by Landlord as aforesaid.\n\n               30.  Entire Agreement. It is expressly understood and agreed by\n                    ----------------\nand between the parties hereto that this lease sets forth all the promises,\nagreements, conditions and undertakings between Landlord and Tenant with respect\nto the Premises, and that there are no promises, agreements, conditions or\nunderstandings, either oral or written, between them other than are herein set\nforth.\n\n                                     -21-\n \n               3l.  Commissions. Tenant represents and warrants to Landlord that\n                    -----------\nTenant was not shown and did not learn of the availability of the property by or\nthrough any broker or agent and that to the best of the knowledge and belief of\nTenant, no commission is payable in connection with the within transaction.\n\n               32.  Operation. Tenant or any permitted subtenant or assignee of\n                    ---------\nTenant shall at all times, commencing thirty (30) days after the term begins,\nduring the balance of the term of this lease, operate its business on the\nPremises or provide twenty-four (24) hours watchman or electronic service at the\ndemised Premise.\n\n               33.  Zoning. It is understood and agreed that the Landlord hereof\n                    ------\ndoes not warrant or undertake that the Tenant shall be able to obtain a permit\nunder any Zoning Ordinance or Regulation for such use as Tenant intends to make\nof the Premises, and nothing in this lease contained shall obligate the Landlord\nto assist Tenant in obtaining such permits; the Tenant further agrees that in\nthe event a permit cannot be obtained by Tenant under any Zoning ordinance or\nRegulation, this lease shall not terminate without Landlord's consent, and the\nTenant shall use the Premises only in a manner permitted under such Zoning\nOrdinance or Regulation.\n\n               34.  Landlord's Consent. In any situation in which Tenant is\n                    ------------------\nrequired to obtain Landlord's consent to perform any act in connection with this\nlease or the Premises, Landlord agrees that such consent shall not unreasonably\nbe withheld or delayed.\n\n                                     -22-\n \n               35.  Captions. It is agreed that the captions of this lease are\n                    --------\nfor convenience only and are not a part of this lease and do not in any way\nlimit or amplify the terms and provisions of this lease.\n\n               36.  Assignment by Landlord. Upon the assignment of Landlord's\n                    ----------------------\nrights, all rights, benefits, powers and remedies, but not duties or\nobligations, of the Landlord hereunder shall belong to and be exercisable by the\nassignee, its successors and assigns, and Tenant will render performance of\nTenant's obligations hereunder to the assignee, its successors and assigns,\npursuant to the terms of the assignment; provided, however, until written notice\nfrom assignee, its successors or assigns, to the contrary, tenant shall render\nperformance of all of its obligations under this Lease to Landlord.\n\n               37.  No Amendments After Assignment. Upon notice of assignment of\n                    ------------------------------\nthis Lease, Tenant will not, without the assignee's prior written consent, be a\nparty to any changes or modifications in or abbrogation of the agreements\ncontained in this Lease.\n\n               38.  Rent Payments After Assignment. Upon receipt of written\n                    ------------------------------\nnotice from the assignee, its successors and assigns, addressed to the Tenant at\nthe address set forth in this Lease or to such other address as may have been\nspecified by the Tenant from time to time for the receipt of notices, Tenant\nshall pay all rent thereafter falling due after the date of receipt of such\nnotice directly to the assignee, its successors or assigns, without declaration\nor set-off, as aforesaid.\n\n                                     -23-\n \n               39.  Delivery of the Premises. Landlord will make delivery of the\n                    ------------------------\nPremises to Tenant in a broom-clean condition and will make no alterations to\nthe Premises prior to delivery thereof to Tenant. If Landlord is unable to give\nTenant possession of the Premises, as herein provided, by reason of casualty or\nsome other cause beyond the control of the Landlord, the Landlord shall not be\nliable for damages to the Tenant therefor, and during the period during which\nthe Landlord is unable to give possession, all rights and remedies of all\nparties hereunder shall be suspended.\n\n               40.  Sprinkler System. Tenant may, at Tenant's expense, change\n                    ----------------\nthe sprinkler system from a wet system to a dry system but Tenant must restore\nsame at Landlord's request and at Tenant's expense, prior to termination of this\nLease.\n\n               41.  Roof Signs. Tenant will not place any signs upon the roof of\n                    ----------\nthe Premises and Landlord may continue to rent and collect rent for the existing\nsign thereon and the Lessee thereof will be permitted access to said sign\nthrough the Premises, during business hours, for the purpose of maintenance and\nrepair thereof.\n\n               42.  Renewal Options. Provided that Tenant is not in default\n                    ---------------\nthereof, Tenant will have the option to renew the Lease for an additional period\nof five (5) years at an annual minimum rental of $47,500 per annum. Provided\nthat the first option has been exercised, and Tenant is not in default\nthereunder, Tenant will have a second option to renew this Lease for an\nadditional period of five (5) years at a minimum annual rental of $55,000 per\nannum.\n\n                                     -24-\n \nTenant must give Landlord six (6) months' prior notice of Tenant's intention to\nexercise any option. All terms and provisions of this Lease not in conflict with\nthe terms of this paragraph will apply during any option period.\n\n               43.  Sublease to Landlord. Landlord reserves the right to\n                    --------------------\nsublease from Tenant an area currently occupied by Finishing range measuring\nabout 14' x 100', at the rate of 80(cents) per square foot per annum for the\nperiod of six (6) months from the commencement of the term herein or any portion\nthereof, rental to be payable monthly in advance, pending dismantling.\n\n               44.  Liens on Tenant's Inventory. Tenant is hereby given\n                    ---------------------------\npermission to acquire and keep upon the demised premises inventory under any\ndevice or devices by which the title thereto or a lien thereon is reserved in a\nperson or entity other than Tenant or Landlord. Landlord agrees to execute any\nand all waivers and other instruments that may be necessary to enable Lessee to\nobtain any such inventory under such device or devices for the retention of\ntitle thereto or a lien thereon, and Landlord shall use its best efforts to\nobtain the signature of any mortgagee, lienholder or encumbrancer of the demised\npremises to any waiver of such mortgagee's, lienholder's or encumbrancer's\ninterest in any of the said inventory which is required by the owner, seller or\nlienor of the same.\n\n          IN WITNESS WHEREOF, the parties hereto have executed this\n\n                                     -25-\n \nagreement under seal the day and year first above written.\n\n\n                                        GENERAL BAG &amp; BURLAP COMPANY         \n\n                                                                             \n                                        By \/s\/ [SIGNATURE ILLEGIBLE]\n                                          --------------------------------   \n                                                       Partner\n                                                                             \n\n                                        By  \/s\/ [SIGNATURE ILLEGIBLE]      \n                                          --------------------------------   \n                                                       Partner\n                                                                             \n\n                                        DELAWARE VALLEY WOOL SCOURING CO.    \n                                                                             \n\n                                        By  \/s\/ [SIGNATURE ILLEGIBLE]\n                                          --------------------------------   \n                                                       President\n                                                                             \n\n                                        Attest: \/s\/ [SIGNATURE ILLEGIBLE]\n                                               ----------------------------   \n                                                       Secretary\n\n \n                         AMENDMENT TO LEASE AGREEMENT\n                         ----------------------------\n\n\n          This Amendment made this    day of March 1971, by and between General\nBag &amp; Burlap Company, a partnership (hereinafter called 'Landlord') and Delaware\nValley Wool Scouring Co., a Pennsylvania corporation, (hereinafter called\n'Tenant').\n\n          WITNESSETH, whereas Landlord and Tenant under date of December 15,\n1970 entered into a Lease Agreement (hereinafter called 'Lease Agreement') of\npremises 3400 East Allen Street, Philadelphia, Pennsylvania (hereinafter\nreferred to as 'the Premises'); and\n\n          WHEREAS Landlord and Tenant desire to amend the Lease Agreement in the\nmanner here following:\n\n          Now, therefore, LandLord and Tenant covenant and agree with each other\nas follows:\n\n               1. Attached hereto, hereby made a part hereof and marked \n          Exhibit 'A' is a plan numbered EIB-27151, R-42502. On the \n          ground floor of the Premises in Building 10 and colored red \n          is an area of slightly less than 7,000 square feet wherein a \n          wood floor has been laid over a concrete sub-floor. The Tenant \n          agrees to leave said wood floor in place and Landlord agrees \n          that Tenant will not be responsible for any future damages \n          thereto which are caused by the ordinary day-to-day operations \n          of Tenant in the Premises.\n\n \n               2. Also on the first floor of the Premises is a cinder \n          block wall at the point marked in blue on Exhibit 'A'. Said \n          wall may be removed by Tenant, at Tenant's expense, provided \n          that this is done in a good and workmanlike fashion and \n          provided that the floor below the existing wall is property \n          leveled so that the two sections making up Building 10 will \n          be on the same level and will be one continuous floor.\n\n               3. In all other respects the Lease Agreement is hereby \n          ratified and confirmed.\n\n          IN WITNESS WHEREOF, Landlord and Tenant have caused these presents to\nbe executed under seal the day and year first above written.\n\n\n\n                                           GENERAL BAG &amp; BURLAP COMPANY\n\n\n                                           By:________________________________\n                                              Partner\n\n\n                                           DELAWARE VALLEY WOOL SCOURING CO.\n\n\n                                           By:________________________________\n                                              President\n\n                                           Attest:____________________________\n                                                  Secretary\n\n                                      -2-\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[8244],"corporate_contracts_industries":[9462],"corporate_contracts_types":[9605,9579],"class_list":["post-41820","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-mohawk-industries-inc","corporate_contracts_industries-manufacturing__textiles","corporate_contracts_types-land__pa","corporate_contracts_types-land"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/41820","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=41820"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41820"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41820"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41820"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}