{"id":41823,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/4450-fashion-boulevard-saginaw-township-mi-lease-agreement.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"4450-fashion-boulevard-saginaw-township-mi-lease-agreement","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/4450-fashion-boulevard-saginaw-township-mi-lease-agreement.html","title":{"rendered":"4450 Fashion Boulevard (Saginaw Township, MI) Lease Agreement &#8211; Saginaw Video Associates and Concentric Network Corp."},"content":{"rendered":"<pre>\n                                LEASE AGREEMENT\n                                ---------------\n\n\n     THIS AGREEMENT made the 1st day of November, 1996, effective the 11th day\nof March, 1996, by and between SAGINAW VIDEO ASSOCIATES, a Michigan General Co-\nPartnership, d\/b\/a Saginaw Conference Center, of 5195 Hampton Place, Saginaw,\nMichigan 48604-9576 ('Landlord'), and CONCENTRIC NETWORK CORPORATION, a Florida\nCorporation, authorized to do business in the State of Michigan, with offices at\n400 Forty-First Street, Bay City, Michigan 48708 ('Tenant').  Landlord and\nTenant are also collectively referred to as the 'parties.'\n\n     1.   Premises.  Subject to the terms and conditions herein contained,\n          --------                                                        \nLandlord leases to Tenant, and Tenant leases from Landlord, the following space,\nincluding rights of ingress, egress and parking:\n\n          (a) Existing Space.  An existing 11,600 square foot conference center\n              --------------                                                   \nlocated at 4450 Fashion Square Boulevard, Saginaw Township, Saginaw County,\nMichigan, more particularly described as follows, to-wit:\n\n          'A parcel of land being a part of the so-called North 55\n          acres of the Southwest 1\/4 of Section 2, Town 12 North,\n          Range 4 East, Saginaw Township, Saginaw County, Michigan,\n          described as follows: To fix the Point of Beginning\n          commence at the South 1\/4 corner of said Section 2; thence\n          North 00(degrees)-03'-45' East on the North and South 1\/4\n          line of said Section, 2,621.31 feet to the center post of\n          said Section; thence North 89(degrees)-45'-53' West on the\n          East and West 1\/4 line of said Section, 650.00 feet; thence\n          South 00(degrees)-03'-45' West, parallel with said North\n          and South 1\/4 line, 43.00 feet to a point on the South line\n          of Schust Road right-of-way and the Point of Beginning of\n          this description; thence continuing South 00(degrees)-03'-\n          45' West, parallel with said North and South 1\/4 line,\n          412.08 feet; thence North 89(degrees)-49'-39' West, on a\n          line which is parallel with and 454.44 feet, measured at\n          right angles, North of the South line of said so-called\n          North 55 acres, said South line being evidenced by the\n          remains of a fence line which if extended would intersect\n          the West line of said Section at a point 911.68 feet, South\n          00(degrees)-00'-00' West, on the West 1\/4 corner of said\n          Section and also would intersect the North and South 1\/4\n          line at a point 908.81 feet, South 00(degrees)-03'-45' West\n          of the center of said Section, 334.66 feet; thence North\n          03(degrees)-06'-33' West on the Easterly right-of-way line\n          of Schust Road, 357.52 feet to the Point of Beginning'\n\n \n          (b) Additional Space.  New space consisting of approximately 10,000\n              ----------------                                               \nsquare feet, being an addition to the Existing Space located at 4450 Fashion\nBoulevard, Saginaw Township, Saginaw County, Michigan.\n\n     Existing Space and Additional Space are also collectively referred to as\nthe 'Premises.'\n\n     Attached as Exhibit 'A,' and incorporated as part of this Lease is a site\nplan which indicates driveways and parking areas.\n\n     2.   Initial Lease Term.\n          ------------------ \n\n          (a) Existing Space.  The Initial Lease Term for the Existing Space\n              --------------                                                \nshall be for a period of approximately sixty-nine (69) months, commencing the\n15th day of March, 1996, or on the date possession is given to Tenant, if later,\nand terminating the 31st day of December, 2001, unless otherwise terminated or\nextended as provided herein.\n\n          The parties acknowledge occupancy with respect to the existing space\nas of March 11, 1996.\n\n          (b) Additional Space.  The Initial Lease Term for the Additional\n              ----------------                                            \nSpace, shall be for a period of approximately sixty-three (63) months,\ncommencing the 1st day of October, 1996, or on the date possession is given to\nTenant, if later, and terminating on the 31st day of December, 2001, unless\notherwise terminated or extended as provided herein.\n\n          Notwithstanding the foregoing, the Lease, with respect to the\nadditional space, shall not commence until all of the following have occurred:\n\n          (i)       Landlord has substantially completed the Tenant improvements\n('Tenant Improvements'), Landlord is required to construct pursuant to the\n'Binding Lease Commitment' between the parties dated February 8, 1996.\n                    \n          (ii)      There remains no incomplete or defective item of Tenant\nImprovements which would materially, adversely affect Tenant's intended use of\nthe Premises.\n\n          (iii)     Landlord has delivered possession of the Premises to\nTenant.\n\n          (iv)      Landlord has obtained all approvals and permits from the\nappropriate governmental authorities required for the legal occupancy of the\nPremises for Tenant's intended use. Landlord shall be obligated to construct the\nTenant Improvements using new materials and equipment of good quality, in a good\nand workmanlike manner and in accordance with applicable laws.  Tenant may be\ngranted early entry rights to construct its improvement work, subject to all of\nthe terms and conditions of the Lease, except for the payment of rent.\n\n                                      -2-\n\n \n          (c) Acknowledgment.  The parties shall execute an Acknowledgment\n              --------------                                              \nacknowledging commencement of the Initial Lease Term.  If, as a result beyond\nits reasonable control, Landlord is unable to deliver possession of the Premises\nby the date specified for commencement of the Initial Lease Term, Landlord shall\nnot be liable for any damage caused for failure to deliver possession and the\nLease shall not be void or voidable.\n\n     3.   Extended Lease Term.  Provided Tenant is not in default under this\n          -------------------                                               \nLease, Tenant shall have the right to extend the Initial Lease Term for the\nPremises for one (1) additional term of sixty (60) months commencing the 1st day\nof January, 2002, and terminating the 31st day of December, 2006, unless\notherwise terminated as provided herein ('Extended Lease Term').  In the event\nTenant desires to extend the Initial Lease Term, Tenant shall give notice to\nLandlord, in writing, at least one hundred eighty (180) days prior to expiration\nof the Initial Lease Term in conformity with the notice provisions of this\nLease.\n\n     4.   Rent.\n          ---- \n\n          (a) Initial Lease Term.  During the Initial Lease Term, Tenant shall\n              ------------------                                              \npay to Landlord, as rent for the Premises, the sum of TEN ($10.00) DOLLARS, per\nsquare foot.\n\n          Until commencement of the Initial Lease Term, as it relates to the\nAdditional Space, Tenant shall pay to Landlord, rent for the Existing Space in\nthe amount of NINE THOUSAND SIX HUNDRED SIXTY-SEVEN ($9,667.00) DOLLARS per\nmonth.\n\n          Upon commencement of the Initial Lease Term, as it relates to the\nAdditional Space, the exact square footage of the Premises (Existing and\nAdditional Space), shall be calculated and Tenant shall be obligated to pay rent\nto Landlord, on an exact square foot basis, at the rate of TEN ($10.00) DOLLARS,\nper square foot.\n\n          At that time, the parties agree to execute and attach to this Lease, a\nCertificate of Agreed Square Footage certifying the total square footage of the\nPremises and total rent payable based on that square footage for the balance of\nthe Initial Lease Term and the first (1st) year of the Extended Lease Term.\n\n          (b) Extended Lease Term.  During the Extended Lease Term, Tenant shall\n              -------------------                                               \npay to Landlord, as rent for the Premises, the sum of TWELVE ($12.00) DOLLARS,\nper square foot. Exact rent, based upon square footage, shall be calculated\npursuant to Subsection 4(a), entitled 'Rent\/Initial Lease Term.'\n\n          Rent during the remainder of the Extended Lease Term shall be adjusted\nas follows: commencing as of the first (1st) day of the thirteenth (13th)\ncalendar month following the commencement date of the Extended Lease Term, and\ncontinuing on each annual anniversary of such day throughout the remainder of\nthe Extended Lease Term (each such day being referred to as a 'Rent Adjustment\nDate'), the monthly rent shall be adjusted to equal the product of the monthly\nrent in effect for the calendar month immediately preceding the Rent Adjustment\nDate multiplied by a \n\n                                      -3-\n\n \nfraction, the numerator of which shall be the Consumer Price Index published for\nthe month immediately preceding the Rent Adjustment Date in question and the\ndenominator of which is the Consumer Price Index published for the month\nimmediately preceding the commencement of the Extended Lease Term (with respect\nto the first rent adjustment), or the immediately preceding Rent Adjustment Date\n(with respect to each other rent adjustment); provided however, that unless the\nConsumer Price Index increases by ten (10%) percent over that published for the\nmonth of March, 1996, in no event shall the monthly rent on a Rent Adjustment\nDate be more than four (4%) percent greater than the monthly rent due for the\nimmediately preceding period. The term 'Consumer Price Index' shall mean the\nConsumer Price Index for the Detroit Metropolitan Area, which is currently\npublished by the United States Department of Labor, Bureau of Labor Statistics.\nif however, this Consumer Price Index is changed so that the base year is\naltered from that used as of the commencement of the Extended Lease Term, then\nthe Consumer Price Index shall be converted in accordance with the conversion\nfactor published by the United States Department of Labor, Bureau of Labor\nStatistics, to obtain the same results that would have been obtained had the\nbase year not been changed. If no conversion factor is available, or if the\nConsumer Price Index is otherwise changed, revised or discounted for any reason,\nthere shall be substituted in lieu thereof and the term 'Consumer Price Index'\nshall thereafter refer to the most nearly comparable official price index of the\nUnited States Government to obtain substantially the same result as would have\nbeen obtained had the original Consumer Price Index not been changed, revised or\ndiscontinued, which alternative index shall be selected by Landlord and shall be\nsubject to Tenant's reasonable, prior, written approval.\n\n          (i) Except as otherwise expressly set forth herein, all rent shall be\ndue and payable in full and without right of set-off or other deduction in\nadvance on the first (1st) day of each and every month during the Initial Lease\nTerm and any extension thereof; provided however, that Tenant shall not be\nliable for rent until Landlord delivers possession to Tenant.  Rent shall be\npro-rated on a per diem basis, payable in advance, for any partial months.\n\n     All rents shall be paid to Landlord by direct deposit into Landlord's\nAccount No. ________________ maintained at Citizens Bank, N.A., Saginaw,\nMichigan, or at such other place as Landlord may reasonably designate from time\nto time, in writing.\n\n     5.   Deposit.  Tenant shall not be required to tender a security deposit to\n          -------                                                               \nLandlord under this Lease.\n\n     6.   Condition of Premises\/Representations.  Except as Landlord and Tenant\n          -------------------------------------                                \nmay otherwise agree in writing, Tenant's entry into possession shall constitute\nconclusive evidence against Tenant that Tenant has inspected the Existing Space\nand found the same to be in good order and satisfactory condition at the time of\nentry and that Tenant has accepted the Existing Space in its present 'as is'\ncondition.  Tenant agrees to keep the Existing Space in a like condition as when\npossession was given to Tenant, normal wear and tear expected.  Except as\nexpressly set forth herein, neither Landlord, nor Landlord's agents have made\nany representations or promises with respect to the physical condition of the\nExisting Space, or any portion thereof, or any other matter pertaining to the\nPremises.\n\n                                      -4-\n\n \n     Electricity, water, janitorial, heating, ventilating, air conditioning and\nother services, at levels generally provided for office uses in comparable\nbuildings in the vicinity of the Premises, shall be available to Tenant at all\ntimes during the Lease Term.\n\n     Tenant shall have the right to submit a written 'punch list' to Landlord,\nsetting forth any defective item of Tenant Improvements, and Landlord shall\ncause such items to be corrected promptly.  Tenant's acceptance of the Premises\nor submission of a 'punch list' shall not be deemed a waiver of Tenant's right\nto have defects in Tenant Improvements or the Premises repaired by Landlord at\nno cost to Tenant.\n\n     Landlord and Tenant shall reaffirm the provisions of this Section as to the\nAdditional Space at such time as Tenant enters into possession of the Additional\nSpace; provided however, that to the best of Landlord's knowledge, Tenant's use\nof the Premises will be permitted by all fire underwriter's requirements, and\nall rules, regulations, statutes, ordinances, laws and building codes\n(collectively 'Laws').\n\n     7.   Appurtenant Rights.  Tenant shall have full and unimpaired access to\n          ------------------                                                  \nthe Premises at all times during the Initial Lease Term and any extension\nthereof.\n\n     8.   Taxes and Assessments.\n          --------------------- \n\n          (a) Real Property Taxes.  Landlord shall bill Tenant for, and Tenant\n              -------------------                                             \nshall pay, prior to delinquency, all real property taxes, including general and\nspecial assessments, levied or assessed against the Premises during the Initial\nLease Term and any extension thereof.  Landlord's billing shall include a copy\nof all underlying tax bills.  Taxes shall be pro-rated on a per diem basis for\nany partial years.  Taxes shall be deemed paid in advance and shall be based\nupon the most recent tax bill, utilizing a due date basis.\n\n          (b) Personal Property Taxes.  Tenant shall pay, prior to delinquency,\n              -----------------------                                          \nall taxes, assessments, license fees and other charges, levied or assessed\nagainst Tenant's personal property installed or located in, on or about the\nPremises, or that become payable during the Initial Lease Term and any extension\nthereof.\n\n     Tenant shall, at Tenant's sole cost, have the right to seek a reduction of\nthe assessed valuation of the Premises or to contest any real or personal\nproperty taxes to be paid by Tenant.\n\n     Tenant's obligation to pay taxes shall be conditioned upon Tenant's prompt\nreceipt of any tax bills received by Landlord with respect to the Premises.\nAdditionally, Tenant's obligation to pay taxes shall not include any taxes,\nassessments or other governmental levies and any increases in the foregoing\noccasioned by or relating to:  (i) land and improvements not reserved for\nTenant's exclusive or non-exclusive use; (ii) a voluntary or involuntary change\nof ownership or other conveyance of the real property of which the Premises is a\npart; or (iii) assessments and other fees for improvements and services which do\nnot benefit the Premises.\n\n                                      -5-\n\n \n     9.   Maintenance.  Tenant shall, at Tenant's sole expense, maintain the\n          -----------                                                       \nPremises in good condition.\n\n     Landlord shall not have any responsibility to maintain the Premises, except\nfor structural elements of the Premises, including foundation, load-bearing\nwalls, structural roof system, and the roof membrane (in water-tight condition).\n\n     Tenant shall not be responsible for the performance of any repair,\nmaintenance or improvement:\n\n          (a) Necessitated by the acts or omissions of Landlord or Landlord's\nagents.\n\n          (b) Occasioned by the power of eminent domain.\n\n          (c) Required as a consequence of any violation of Laws or construction\ndefect in the Premises as of the commencement date of the Lease.\n\n          (d) For which Landlord has a right of reimbursement from others.\n\n     Additionally, Tenant shall have no obligation to undertake any repairs\ncosting in excess of $5,000.00 which could be treated as capital improvement\nunder generally accepted accounting principles.  Instead, Landlord shall be\nrequired to undertake such repairs, the cost of which shall be amortized over\nthe useful life of the improvement in question in accordance with generally\naccepted accounting principles.  Tenant shall be responsible for payment of the\nmonthly amount of the improvement as so amortized during the Lease Term.\n\n     10.  Insurance.\n          --------- \n\n          (a) Public Liability\/Property Damage Insurance.  Tenant shall, at\n              ------------------------------------------                   \nTenant's sole expense, maintain public liability and property damage insurance,\nwith liability limits not less than $1,000,000.00 per person and $2,000,000.00\nper occurrence, and property damage limits of not less than $500,000.00 per\noccurrence with an aggregate coverage of $2,000,000.00 insuring against all\nliability of Tenant and Tenant's authorized representatives, arising out of or\nin connection with Tenant's use or occupancy of the Premises.\n\n          All insurance policies shall name the Landlord as an additional\ninsured and shall contain cross-liability endorsements.\n\n          (b) Fire Insurance.  Tenant shall, at Tenant's sole expense, maintain\n              --------------                                                   \non the building and all other improvements which are part of the Premises, a\npolicy of standard fire and extended coverage insurance, with vandalism and\nmalicious mischief endorsements, to the extent of full replacement value.  The\npolicy shall be issued in the name of Tenant as insured, with Landlord and\nLandlord's lender as an additional insured under a standard mortgagee\nendorsement.\n\n                                      -6-\n\n \n     Subject to the provisions of Section 15, entitled\n'Destruction\/Restoration,' Tenant shall indemnify and hold Landlord and any\nmortgagees harmless from all claims, demands, actions, losses, damages and\nliabilities, and all fees, costs and expenses, including reasonable legal fees,\nrelating to or in any way arising from Tenant's use of the Premises, from any\ncause whatsoever; provided however, that Tenant shall have no obligation to\nindemnify Landlord, or any other party, from any claims, demands, losses or\nother liability with respect to the Premises to the extent that same arises from\nthe negligence or wilful misconduct of Landlord or Landlord's employees, agents\nor contractors.\n\n     All insurance policies covering the Premises, including fire and liability,\nshall provide for a thirty (30) day right of notice to Landlord prior to\ncancellation for any reason.\n\n     Tenant shall not do, bring, or keep any item, article, object or thing in,\non or about the Premises which may cause a cancellation of any insurance\ncovering the Premises.\n\n     Landlord and Tenant hereby release each other from any and all liability or\nresponsibility (to the other or to anyone claiming through or under them by way\nof subrogation or otherwise), or any loss or damage to Premises caused by fire\nor any of the extended coverage or supplementary contract casualties, even if\nsuch fire or other casualty shall have been caused by the fault or negligence of\nthe other party, or anyone for whom such party may be responsible, provided\nhowever, that this release shall be applicable and in force and effect only with\nrespect to loss or damage occurring during such time as the releasor's policies\ncontain a clause or endorsement to the effect that any such release shall not\nadversely affect or impair said policies or prejudice releasor's right to\nrecover thereunder. Landlord and Tenant each agree that their policies shall\ninclude such a clause or endorsement so long as the same shall be obtainable\nwithout extra cost, or if extra cost shall be charged, so long as the other\nparty pays the extra cost.  If extra cost shall be chargeable, each party shall\nadvise the other of the amount of the extra cost, and the other party, at its\nelection, may pay the same, but may not be obligated to do so.\n\n     11.  Utilities.  Tenant shall make arrangements for and be responsible for\n          ---------                                                            \nthe payment of all utilities and services furnished to the Premises or used by\nTenant, including, without limitation, gas, electricity, water, telephone\nservice, trash collection, and all connection charges.  Landlord shall not be\nliable to Tenant for damages or otherwise for any failure or interruption of any\nsuch service furnished to the Premises, provided that such failure or\ninterruption was not due to the negligence or wilful misconduct of Landlord or\nits agents, employees, contractors or invitees.\n\n     12.  Use of Premises.  Tenant shall occupy and use the Premises as general\n          ---------------                                                      \noffices for its computer networking operation, sales, research, development and\nmarketing, and for no other use without the prior consent of Landlord, which\nconsent shall not be unreasonably withheld or delayed.\n\n     13.  Compliance.  Tenant shall promptly observe and comply with:\n          ----------                                                 \n\n          (a) All present and future environmental laws, ordinances,\nrequirements, orders, directions, rules and regulations of the federal, state,\ncounty and township governments, and of all \n\n                                      -7-\n\n \nother governmental authorities, having or claiming jurisdiction, directly or\nindirectly, over the Premises.\n\n          (b) All present and future laws concerning the Premises or Tenant's\nuse of the Premises, including, without limitation, the obligation of Tenant, at\nTenant's sole expense, to alter, maintain or restore the Premises in compliance\nand conformity with all laws related to the condition, use or occupancy of the\nPremises.\n\n          (c) Landlord warrants that, as of the commencement date of this Lease,\nthe Premises conforms to all underwriter's requirements and Laws applicable\nthereto.\n\n     14.  Alterations.  Tenant shall not make any alterations to the Premises\n          -----------                                                        \nwithout the prior, written consent of Landlord, which consent shall not be\nunreasonably withheld.\n\n     All alterations shall be made in a workmanlike manner so as not to weaken\nthe building on the Premises or lessen the value of the Premises.  Tenant shall\npay all bills arising out of labor and materials for work performed, and shall\ncause to be removed of record, within thirty (30) days after filing, all notices\nand affidavits for construction liens filed with respect to the Premises, or any\npart thereof.  Tenant, at Tenant's option, may bond around any construction\nliens.  Tenant shall indemnify, defend and hold Landlord harmless against all\nliability, loss, damage, costs and all other expenses arising out of claims of\nlien for work performed or materials furnished to or for the benefit of Tenant.\n\n     Landlord may impose conditions with respect to such alterations or\nrenovations concerning the disposal or removal of same upon termination of this\nLease.\n\n     All alterations made shall remain on, and be surrendered with the Premises\nupon expiration of the Initial Lease Term or any extension thereof, or upon\ntermination of the Lease, unless Landlord requires removal, with restoration of\nthe Premises to the condition existing prior to the alterations.\n\n     15.  Destruction\/Restoration.  If during the Initial Lease Term or any\n          -----------------------                                          \nextension thereof, the Premises is damaged or destroyed, in whole or in part,\nrendering the Premises totally or partially inaccessible or unusable, Tenant\nshall restore the Premises, or the part thereof so damaged, as nearly as\npossible to the value, condition and character of the Premises immediately prior\nto the occurrence of such damage or destruction.  Tenant shall not be entitled\nto any reduction or an abatement of rent in the event of destruction to the\nextent that such destruction interferes with Tenant's use of the Premises.\n\n     Notwithstanding the foregoing, Tenant's obligations under this Section 15\nshall in no event require the Tenant to expend more than $1.25 million.\n\n     16.  Eminent Domain.  If all or any material part of the Premises shall be\n          --------------                                                       \ntaken or condemned by any competent authority for any public use or purpose, the\ncurrent Lease Term shall, at the option of Landlord, and as of the date of the\nactual taking.  If the Premises may not reasonably \n\n                                      -8-\n\n \nbe used for the purpose contemplated by this Lease following any taking, Tenant\nmay terminate this Lease. In either case, there shall be no apportionment to\nTenant of any portion of the award or damages for such taking; provided however,\nthat Tenant shall be entitled to any funds awarded it for moving expenses or\nbusiness interruption, loss of goodwill and the unamortized value allocable to\nthe remainder of the Lease Term of any trade fixtures, alterations or other\nimprovements installed in the Premises at Tenant's expense. This Lease shall\notherwise remain in full force and effect without apportionment to Tenant of any\nportion of the award or damages.\n\n     In the event of a termination pursuant to this Section, rent shall be\napportioned to the date of such taking.\n\n     17.  Assignment and Subletting.  Tenant shall not have the right to:  (a)\n          -------------------------                                           \nassign or encumber its interest in this Lease or in the Premises; (b) sublet all\nor any part of the Premises; or (c) allow any other person or entity to occupy\nor use all or any part of the Premises without the prior consent of Landlord,\nexcepting however, that Tenant shall have the right to sublet the Premises or\nassign this Lease, without Landlord's consent, to:  (d) a subsidiary, affiliate,\ndivision or corporation controlling, controlled by or under common control with\nTenant; or (e) a successor corporation related to Tenant by merger,\nconsolidation, non-bankruptcy reorganization or government action. Landlord's\nconsent to any permitted assignment or subletting shall not be unreasonably\nwithheld or delayed.\n\n     Tenant acknowledges that Landlord is in the process of converting from a\nGeneral Co-Partnership to a Limited Liability Company under Michigan statute,\nand that following conversion, all rights and responsibilities of Landlord under\nthis Lease shall vest in such Limited Liability Company by way of assignment.\n\n     18.  Default.  If Tenant shall abandon or vacate the Premises contrary to\n          -------                                                             \nthe provisions of this Lease, or if default is made by Tenant in the payment of\nrent, then Landlord shall have the right to re-enter the Premises and remove\nTenant and all persons therefrom and further, to terminate this Lease, at the\noption of Landlord, subject to all applicable due process requirements.\n\n     With respect to any breach by Tenant of any of its covenants under this\nLease other than the payment of rent, Tenant shall not be deemed in default\nunless Tenant's failure to perform such covenant continues after Tenant's\nreceipt of written notice of default from Landlord for a period of seven (7)\ndays or such longer time as may reasonably be required to cure the default.\nLandlord shall not be in default unless Landlord fails to perform its\nobligations hereunder within a reasonable time, but in no event later than seven\n(7) days after its receipt of written notice from Tenant specifying the nature\nof any such non-performance; provided, however, that if the nature of Landlord's\nobligation is such that more than thirty (30) days are required for performance,\nthen Landlord shall not be in default if Landlord promptly commences performance\nwithin such seven (7) day period and thereafter diligently prosecutes the same\nto completion.\n\n                                      -9-\n\n \n     19.  Landlord's Remedies and Default Cure.\n          ------------------------------------ \n\n          (a) Following any default on the part of either party, the non-\ndefaulting party shall have the right to cure the default, at the defaulting\nparty's cost, and to have immediate recovery of said amount, with interest at\nthe rate of ten (10% per annum from the date the sum is paid by Landlord until\nreimbursement.\n\n          (b) Landlord shall be entitled to Court costs, attorney fees and\nexpenses, and any other amount necessary to compensate Landlord for all\ndetriment proximately caused by any default of Tenant.\n\n          (c) Upon termination of Tenant's right to possession:\n\n               (i)       Landlord shall have the right to recover from Tenant,\nthe fair market value of any unpaid rent earned at the time of termination of\nthe Lease.\n\n               (ii)      The balance of any unpaid rent for the balance of the\nInitial or Extended Term, as appropriate, following termination of Tenant's\nright of possession and the computation of the amount determined under Section\n19(c)(i), subject to paragraph (f) below.\n\n          (d) Landlord shall have such other further rights and remedies as\nshall be available at law or in equity.\n\n          (e) All rights and remedies shall be cumulative.\n\n          (f) Landlord and Tenant shall be required to mitigate damages in all\nevents.\n\n     20.  Signage.  Tenant shall, at Tenant's sole expense, have the right to\n          -------                                                            \nplace, construct and maintain on the Premises, one or more signs advertising its\nbusiness at the Premises and no other signs.  All signage shall comply with\nstate and local laws and ordinances.\n\n     21.  Landlord's Entry on Premises.  Landlord and Landlord's authorized\n          ----------------------------                                     \nrepresentatives shall have the right to enter the Premises at all reasonable\ntimes for any of the following purposes:\n\n          (a) To determine whether or not the Premises are in good condition and\nwhether Tenant is complying with its obligations under the Lease.\n\n          (b) To perform any necessary maintenance or other restoration to the\nPremises.\n\n          (c) To shore the foundations, footings or walls of the building and\nother improvements which are part of the Premises.\n\n          (d) Except in the case of emergencies, Landlord and Landlord's agents\nshall give Tenant at least forty-eight (48) hours oral or written notice prior\nto entry of the Premises.  Any such \n\n                                      -10-\n\n \nentry by Landlord or Landlord's agents shall comply with all reasonable security\nmeasures of Tenant and shall not impair Tenant's operations more than is\nreasonably necessary. During any such entry, Landlord and Landlord's agent shall\nbe accompanied by Tenant.\n\n     22.  Subordination\/Estoppel.  This Lease shall not be subject to or\n          ----------------------                                        \nsubordinate to any ground or underlying lease or to any lien, mortgage, deed of\ntrust, or security interest now or hereafter affecting the Premises, nor shall\nTenant be required to execute any documents subordinating this Lease, unless the\nground Lessor, lender, or other holder of the interest to which this Lease shall\nbe subordinated contemporaneously executes a recognition and nondisturbance\nagreement which (i) provides that this Lease shall not be terminated so long as\nTenant is not in default under this Lease and (ii) recognizes all of Tenant's\nrights hereunder.  Further, Tenant shall have no obligation to attorn to any\nsuccessor-in-interest or ground lessor, nor to execute any documents evidencing\nattornment, unless the successor-in-interest or ground lessor in question\nassumes, in writing, all obligations of the Landlord under this Lease.  If\nLandlord sells or otherwise conveys its interest in the Premises, Landlord shall\nnot be relieved of its obligations under the Lease accruing from and after the\neffective date of such transfer, unless and until the successor assumes in\nwriting the obligations to be performed by Landlord on and after the effective\ndate of the transfer.\n\n     Each party shall, within ten (10) days after notice from the other, execute\nand deliver to the other, in recordable form, a certificate stating that the\nLease is unmodified and in full force and effect, or in full force and effect as\nmodified and stating the modifications.  The certificate shall also state the\namount of minimum monthly rent, the date to which rent has been paid in advance,\nand the amount of any security deposit or prepaid rent.\n\n     23.  Attorney Fees.  In the event either party commences an action against\n          -------------                                                        \nthe other arising out of or in connection with this Lease, the prevailing party\nshall be entitled to recover from the losing party, reasonable attorney fees and\ncosts of suit.\n\n     24.  Surrender of Premises.  Upon expiration or termination of this Lease,\n          ---------------------                                                \nTenant shall surrender the Premises to Landlord, together with all Tenant's\nimprovements and other alterations, except for such alterations which Tenant has\nthe right to, or is obligated to remove.\n\n     If Tenant fails to surrender the Premises to Landlord as required, Tenant\nshall hold Landlord harmless from any damages resulting from Tenant's failure to\nsurrender the Premises, including without limitation, claims made by a\nsucceeding Tenant resulting from Tenant's failure to surrender the Premises.\n\n     25.  Holding Over.  If Tenant, with Landlord's consent, remains in\n          ------------                                                 \npossession of the Premises after expiration or termination of the Initial Lease\nTerm, or any extension thereof, or after the date in any notice given by\nLandlord to terminate the Lease, such possession by Tenant shall be deemed to be\na month-to-month tenancy, terminable upon thirty (30) days notice given at any\ntime by either party.  All provisions of this Lease, except those relating to\nInitial and Extended Terms, shall apply to any month-to-month tenancy.\n\n                                      -11-\n\n \n     26.  Consent of Parties.  Whenever consent or approval of either party if\n          ------------------                                                  \nrequired, that party shall not reasonable withhold such consent or approval.\n\n     27.  Brokerage Fees.  The parties acknowledge that no broker has been\n          --------------                                                  \nutilized as a part of this transaction and as such, no brokerage fee or other\ncommission shall be paid as a part of this transaction.  Each party shall\nindemnify and hold the other harmless from any and all liability arising out of\na breach of this Section.\n\n     28.  Notices.  Any notice or demand required or permitted to be given\n          -------                                                         \npursuant to this Lease shall be deemed effective only if in writing and\ndelivered either personally or by certified mail, postage fully prepaid, return\nreceipt requested, addressed as follows:\n\n     If To Landlord:          Saginaw Video Associates\n                              c\/o James J. Shinners\n                              5195 Hampton Place\n                              Saginaw, Michigan 48604-9576\n\n     If To Tenant:            Mr. Donald C. Schutt\n                              Vice-President and General Manager\n                              Concentric Network Corporation\n                              4450 Fashion Square Boulevard\n                              Saginaw, Michigan 48604\n\nor to such other address as may be designated by either party, from time to\ntime, in writing and in conformity with the terms of this Section.  Any such\nnotice or demand shall be deemed to have been received:  (a) on the third (3rd)\nbusiness day after mailing, if notice was given by certified mail, return\nreceipt requested; or (b) upon delivery if notice was given by personal\ndelivery.\n\n     29.  Binding Effect.  This Lease and the covenants herein contained shall\n          --------------                                                      \nbe binding upon and inure to the benefit of the parties and their respective\nsuccessors and assigns.\n\n     30.  Authorization.  The Officers executing this Lease on behalf of\n          -------------                                                 \nLandlord and Tenant represent that they are authorized to execute this Lease and\nbind the respective Landlord and Tenant entities.\n\n     31.  Covenant of Further Assurances.  The parties covenant, each with the\n          ------------------------------                                      \nother, and their respective heirs, administrators, representatives, successors\nand assigns, that each party shall, at any time and at all times hereafter, upon\nreasonable request, make, do, execute and\/or deliver all such other and further\nreasonable assurances, acts, deeds, documents and things as in the opinion of\ncompetent counsel may be necessary or proper to effectuate the intentions of the\nparties and complete this transaction.\n\n     32.  Merger\/Modification.  This Lease sets forth the entire agreement of\n          -------------------                                                \nthe parties with regard to the lease of the Premises.  All prior agreements\nbetween the parties with regard to the lease \n\n                                      -12-\n\n \nof the Premises have been merged herein and shall be of no further force of\neffect. No modification of this Lease shall be effective unless in writing and\nexecuted by all parties.\n\n     33.  General Construction.  This Lease shall be governed in all respects,\n          --------------------                                                \nwhether as to validity, construction, capacity, performance or otherwise, by the\nlaws of the State of Michigan.  It is deemed by the parties that each has\nexecuted this Lease in the County of Saginaw, Michigan, each party consenting to\nthe jurisdiction thereof.  Words of any gender in this Lease shall be held to\ninclude the other gender and the words in the singular number shall be held to\ninclude the plural when the context so requires.  Unless the context clearly\nindicates to the contrary, time shall be deemed to be of the essence in the\ninterpretation of this Lease.  The titles or captions given to the Sections of\nthis Lease have been utilized solely for the purposes of convenience.  In no\nevent shall any such title or caption be deemed to be part of this Lease or\ninterpretive of any of its language or intent.  No provision of this Lease is to\nbe interpreted for or against any party because that party or that party's legal\nrepresentative drafted the Lease or its provisions.\n\n     34.  Severability.  In the event any provision of this Lease is deemed\n          ------------                                                     \ninvalid or unenforceable, said invalidity or unenforceability shall not affect\nthe other provisions hereof, and this Lease shall be construed in all respect as\nif such invalid or unenforceable provision were omitted.\n\n     35.  Hazardous Materials.  To the best knowledge of Landlord, (i) no\n          -------------------                                            \nHazardous Material is present on the Premises or the soil, surface water or\ngroundwater thereof, (ii) no underground storage tanks are present on the\nPremises; and (iii) no action, proceeding or claim is pending or threatened\nregarding the Premises concerning any Hazardous Material or pursuant to any\nenvironmental Law.  Under no circumstance shall Tenant be liable for, and\nLandlord shall indemnify, defend and hold harmless Tenant, its agents,\ncontractors, stockholders, directors, successors, representatives, and assigns\nfrom and against, all losses, costs, claims, liabilities and damages (including\nattorneys' and consultants' fees) of every type and nature, director or\nindirectly arising out of or in connection with any Hazardous Material present\nat any time on or about the Premises, or the soil, air, improvements,\ngroundwater or surface water thereof, or the violation of any Laws, relating to\nany such Hazardous Material, except to the extent that any of the foregoing\nactually results from the release or emission of Hazardous Material on or about\nthe Premises during the term of the Lease by Tenant or its agents or employees\nin violation of applicable environmental Laws.  As used herein, 'Hazardous\nMaterial' shall mean any material which is now or hereafter regulated by any\ngovernmental authority or which poses a hazard to the environment or human life.\n\n                    *** INTENTIONAL DRAFTING PAGE BREAK ***\n\n                                      -13-\n\n \n                    *** INTENTIONAL DRAFTING PAGE BREAK ***\n\n     IN WITNESS WHEREOF, the parties have executed this Lease Agreement the day\nand year first written.\n\nWITNESSES:                          SIGNED AND SEALED:\n\n                                    SAGINAW VIDEO ASSOCIATES,\n                                    a Michigan General Co-Partnership, d\/b\/a\n                                    Saginaw Conference Center, Landlord\n\n\n\/s\/ Dana M. Harris                  \/s\/ James J. Shinners\n------------------                  ---------------------\nDANA M. HARRIS                      By:  JAMES J. SHINNERS\n(As To Landlord Only)               Its: Authorized Partner\n\n\n\/s\/ Genevieve J. Nowak\n----------------------\nGENEVIEVE J. NOWAK\n(As To Landlord Only)\n                                    CONCENTRIC NETWORK CORPORATION,\n                                    a Delaware Corporation, Tenant\n\n\n\/s\/ Dana M. Harris                  \/s\/ Donald C. Schutt\n------------------                  --------------------\nDANA M. HARRIS                      By:  DONALD C. SCHUTT\n(As To Tenant Only)                 Its: Vice-President and General Manager\n\n\n\/s\/ Patricia A. Peters\n----------------------\nPATRICIA A. PETERS\n(As To Tenant Only)\n\n\n\nPrepared By:\nSHINNERS &amp; COOK\nBy:  James J. Shinners (P23942)\nAttorneys at Law\n5195 Hampton Place\nSaginaw, Michigan 48604-9576\nTelephone:  \n\n                                      -14-\n\n \n              ADDENDUM TO SAGINAW VIDEO\/CONCENTRIC LEASE AGREEMENT\n                         (MARCH, 1996 RENT PRO-RATION)\n                          ---------------------------    \n\n\n\nMonthly Rent (Existing Space):                     =    $9,667.00\n-    11,600 square feet x $10.00 \/ 12                    \n                                               \nPer Diem (Existing Space):                         =    $  311.84\n -   $9,667.00 \/ 31                                      \n                                               \n03\/11\/96 - 03\/31\/96 (21 days)                      =    $6,548.64\n$311.84 x 21                                       \n\nPRO-RATED RENT DUE LANDLORD FOR MARCH, 1996:                  $6,548.64\n                                                               ========\n \n                                     *****\n\n                                      -15-\n\n \n                                   EXHIBIT A\n\n\n                          Floor Plan of the Premises\n                               [Graphic Omitted]\n\n                                      -16-\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7174],"corporate_contracts_industries":[9519],"corporate_contracts_types":[9596,9579],"class_list":["post-41823","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\/41823","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=41823"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41823"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41823"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41823"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}