With provision for improvements by lessor.

In consideration of rent and agreements of lessee herein, lessor hereby leases to lessee all that parcel of land with building to be constructed thereon, situated on _________ street running through to _________ street, and being numbered _________ to _________ on _________ street and _________ to _________ on _________ street, as shown on a plan by _________, surveyor, dated _________[year], and recorded in _________, all in the city of _________, containing in all about _________ square feet with all rights, easements, and appurtenances to same belonging, and usually had and enjoyed therewith, and all on and subject to terms, conditions and provisions herein contained.

Lessor shall forthwith, after delivery of this lease executed by the parties hereto, begin and with all reasonable expedition thereafter proceed to build on premises a new building at least _________ stories in height in accordance with plans and specifications for new building prepared by _________, architects, which shall be submitted to and approved by lessee, so far as general design, structure and plans are concerned, including fixtures and furnishings. New building shall conform to building laws of city of _________ and to all laws, ordinances, rules and regulations of all public authorities and of _________ board of fire underwriters.

To have and to hold premises to lessee for the term of _________ years, beginning with noon of the first day after the building is completed and ready for occupancy, as declared by architect with sanction of the builder.

Lessee agrees to pay as rent during the term of _________ years, by equal monthly payments, on _________ day of each month for _________ ending at noon on that day, with exception of first payment as herein provided, and at same rate for such further time as lessee or any other person or persons claiming under the lessee shall hold the premises or any part thereof. Lessee shall not, however, be required to pay any rent for a period ending 30 days after date of completion of building, and first payment shall be made on first day of first calendar month 60 days or more after date of completion of building as above provided, and shall cover rent due from date 30 days after the completion of the building to the date of such payment. The rent to be paid during the term shall be computed as follows: _____% on value of the land which shall be taken at $_____, plus _____% of actual cost of construction of the building, including architect's fees, builder's profits and actual carrying charges, including interest and prorated taxes during time of construction. Provided, however, that rent, exclusive of amounts provided herein to be paid as additional rent, in no case shall be less than $_____ per annum, nor more than $_____ per annum. The limitations stated in the foregoing proviso shall not, however, apply to rental to be paid under any renewal of this lease.

Lessee shall have an option for a renewal of lease for a further term of _________ years, such option to be exercised at least three months before termination of this lease, by mailing postpaid, or delivering to lessor a written notice of desire of lessee to renew the lease. If not so exercised, it shall be forfeited. In case of such extension the same percentages on value of land and cost of building shall be used as a factor for fixing rent for such further term, but a revaluation of land and building to be used as basis for computation of rent shall be made. If lessor and lessee shall be unable to agree on such valuation, it shall be made by three disinterested appraisers, one to be chosen by lessor and one by lessee and third by the two so chosen. These appraisers shall fix a fair market value of lands and of buildings as of date of end of term of this lease. The decision of a majority of appraisers shall be final. In case of refusal or neglect of either party to appoint an appraiser within 20 days after date of receipt by lessor of notice of lessee's desire to renew, the appraiser chosen by the other party may determine the valuations, and that decision shall be final and binding on both parties. In case of failure of two appraisers to agree on a third within 30 days after end of receipt of notice application may be made by either party to _________ court of _________ to make such appointment.

Lessee shall deposit with lessor, from time to time, in proportion as building progresses, as may be agreed on, during period of construction of building, $_____. The sum is to be used towards defraying cost of construction of the building. Lessee is to be allotted therefor either shares of the stock or bonds issued by _________ of an aggregate face value of $_____ in proportions to be hereby agreed upon, which stock or bonds, or both, as the case may be, shall be held by lessor as collateral security for the full performance by lessee of the terms of lease, lessee to execute such powers of attorney, assignments or other instruments as may be required to put such stock or bonds in negotiable form. At beginning of last year of term of original lease or of any extension thereof, the sum of $_____ shall be credited on account of the rent for that year, balance of rent for that year to be paid in equal monthly installments during last three months of term. In case the lessee shall exercise its option to renew the lease at some time subsequent to beginning of last year of term of original lease, it shall forthwith pay to the lessor in cash a sum equal to amount of rent on account of which any of $_____ may have been credited, and thereafter no further such credit shall be made on account of rent until the beginning of the last year of the term of the renewal of the lease.

Lessee agrees that it will, during term and for such further time as it or those claiming under it shall hold premises, or any part thereof, pay to lessor rent at times and in manner aforesaid, and also in each year during term of this lease will pay to lessor at least 10 days before they are due and payable all taxes levied by any governmental authority, whether in nature of taxes now in being or not, which may be payable for or in respect of the land and building or any part thereof, whether assessed on lessor or on lessee, and of all charges for gas, water, electricity or other agencies, used on premises, as same shall become due, and all assessments thereon except assessments for betterments.

The cost of any structural additions that may be ordered by any governmental authorities having jurisdiction shall be paid by lessor, but in such cases and in case of any assessments for betterments lessee shall also, from date when such additions or betterments are actually paid for by lessor and during remainder of term of this lease, or of any extension thereof, pay, in equal instalments with rent reserved above, additional rent at the rate of _____% per annum on all payments made by lessor for such additions or betterments; it being agreed that the rent reserved shall be absolutely net to lessor free from deductions of any name or nature.

Lessee agrees to keep premises, and the glass and fixtures in and on same, from and after the construction of the new building, in such good repair, order and condition, externally and internally as same then are or may be put in during term, reasonable use and damage by accidental fire or other unavoidable casualty only excepted, and will keep same thoroughly inspected, provided with all safety guards and appliances, and in such condition as to comply from time to time with all laws, ordinances, rules, and regulations of all public authorities and of _________ board of fire underwriters, whether applicable to demised premises as such or to lessor or lessee with respect thereto, except that the cost of any structural additions necessary to comply with such rules and regulations shall be paid by lessor as here provided; it being understood that taking possession of premises by lessee shall be conclusive as against it that premises were in good and satisfactory condition when possession was so taken; and will save harmless and indemnify lessor from all loss, damage, liability and expense incurred, suffered or claimed by reason of any neglect or use of the premises or of anything thereon, or any neglect, use or escape of gas, water, steam, electricity or other agency or by reason of snow or ice or by reason of any injury, loss or damage to any person or property on premises, or streets, alleyways or sidewalks adjacent thereto; will be answerable for all nuisance caused or suffered on premises, and will remove snow and ice from premises, its sidewalks and approaches bounding thereon.

During the term, lessee is to be to all intents and purposes as to all liabilities and responsibilities in the place of owners of premises except as to payment of betterments and of structural additions of kind mentioned.

After completion of new building as here set forth, no structural alterations or additions shall be made during the term in or to same, without the consent of the lessor being first obtained in writing, allowing thereof, except as herein agreed; if any such alterations or additions are made they shall become a part of premises and property of lessor.

Lessee shall not suffer or permit any strip or waste or overloading, damaging or defacing of premises, or any use thereof which shall be unlawful, improper, offensive, or contrary to any law of state of _________ or ordinance or bylaw of city of _________, or rule or regulation of any public authority for time being in force, or injurious to any person or property.

Lessee agrees that no act or thing shall be done on premises which may make void or voidable any insurance of premises or any part thereof.

Should the lessee assign this lease or sublet the whole or any part of premises without written consent of lessor, neither acceptance of rent by lessor from lessee or other person thereafter, nor failure on part of lessor for any particular period to take action on account of such breach, or to enforce lessor's rights, shall be deemed a waiver of breach, but same shall be a continuing breach as long as such subtenancy or occupancy continues.

Lessee agrees that after completion of new building it will pay to lessor the premiums of insurance as they become due for keeping premises insured against fire to amount of at least _____% of their full insurable value as the same may be fixed from time to time by an appraiser or appraisers approved by _________ board of fire underwriters or other board or authority exercising powers similar to those now exercised by _________ board of fire underwriters, and for insurance against loss of rent in case of fire or other unavoidable casualty to amount of at least _____% of full rental value of premises, such insurance to be placed by and to be kept in possession of lessor or lessor's agents, and to be payable to lessor or to such other party or parties as lessor may designate. Lessee agrees to pay to lessor premiums as they become due on any insurance that may be effected by lessor insuring lessor or lessee, as its interest may appear, against loss from any liability imposed by law upon lessor or lessee, as its interest may appear, for damages on account of personal injury, including death, resulting therefrom accidentally suffered by any person or persons while within or upon the premises or ways adjacent thereto. And lessee agrees to pay to lessor the premiums as they become due on boiler insurance, so called, that may be effected by the lessor, to a reasonable amount, insuring the lessor or lessee or others, as their interest may appear, against loss on account of damage or injury resulting from boiler explosion. All such policies to be kept in possession of lessor or lessor's agents, and all premiums thereon shall be paid by lessee.

In case premises or any part thereof shall be taken by right of eminent domain or by other authority of law after execution hereof and before expiration of term, this lease and term shall terminate at election of lessor; and if lessor shall not so elect, then, in case of any such taking, a just proportion of rent reserved above, according to nature and extent of injury sustained by premises, shall be abated until premises or whatever may remain thereof shall have been put in proper condition for use and occupation. In case of any such taking the total damages arising therefrom shall be recovered by lessor, lessee hereby assigning all rights in or to such damages to lessor, and the net amount recoverable and recovered therefor shall be apportioned between lessor and lessee in such proportions as shall be determined by them, or if they should be unable to agree then as shall be determined by arbitrators who represent their respective interests. It is intention of parties in regard to distribution of damages or indemnity for taking by public authority, to appoint lessor as the person to whom such damages or indemnity are to be paid as provided in section _________ of the compiled laws, and to further provide that such sums, instead of being held in trust, as provided in such section _________, shall be immediately distributed in manner herein provided for.

Any assent, express or implied, by lessor to any breach of any agreement or condition herein contained, or any waiver, express or implied, by lessor of any such agreement or condition herein contained, shall operate as such only in specific instance and shall not be construed as an assent or waiver of any such agreement or condition generally or of any subsequent breach thereof.

Any notice from lessor relating to premises or occupancy thereof or any provision of or matter arising under this lease, shall be deemed duly served if left at premises addressed to lessee, or if mailed, postage prepaid, addressed to lessee at its last address known to lessor.

Lessee agrees to pay all reasonable attorneys' fees and expenses of lessor incurred in enforcing any of obligations of lessee under this lease, or in any litigation or negotiation in which lessor shall, without his fault, become involved through or on account of this lease.

In witness whereof, etc.



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