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Long-time Lease with Provision for Erection of Building by Tenant and Index to Clauses

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hereinafter referred to as the "Landlord," and. hereinafter referred to as the "Tenant" WITNESSETH.

That the Landlord for and in consideration of the rents hereinafter reserved and of the agreements, stipulations and covenants herein given, expressed and contained on the part and behalf of the Tenant to be paid, kept, performed and fulfilled, have granted, demised and leased and by these presents do grant, demise and lease unto the Lessee the premises situated in.... known and described as follows, to-wit:

TO HAVE AND TO HOLD the said premises, with the appurtenances thereunto belonging, unto the Tenant for and during the term of. . . . . ..years, commencing on. ....and ending

unless said term shall be sooner terminated or thereafter extended, as herein provided, the Tenant yielding and paying rent therefor as hereinafter set forth.

1. Covenant of Title. The Landlord covenants and agrees

with the Tenant, that at the time of the ensealing and delivery of this Indenture, the "Tenant" is seized of the said demised premises as of a good, sure, perfect, absolute and indefeasible estate of interitance in the law in fee simple,

2. Rent. The Tenant agrees and covenants to pay to the Landlord at.... as they may from time to time designate in writing, the following rent, to-wit:

The Tenant further agrees and covenants to pay the said rent in equal.. . portions in advance on the first (1st) day of. in each of the said years.

3. Gold Coin. The Tenant further agrees and covenants to pay all of said rent, as the same shall become due, in gold coin of the United States of America of the present standard of weight and fineness or its equivalent in standard gold coin of the United States of America at the time of payments. It is agreed that the acceptance of anything else in payment of any instalment or instalments of such rent, shall not be construed or considered to be a waiver on the part of the Landlord of the right to demand payment of any other unpaid instalment or instalments of such rent in standard gold coin of the United States of America, as hereinabove specified.

4. Demands. It is agreed that it shall not be necessary for the Landlord to demand said rent or any other payment or payments of money required to be made under the terms of this Indenture, but the Tenant shall pay each and every instalment of the rent and other payments as the same shall become due to.... or to any bank, trust company or other place in said City as may be designated from time to time in writing by the Landlord.

5. Existing Buildings. The Tenant acknowledges that it has examined and knows the present condition of said demised premises and the building now thereon and that no representations as to the said demised premises or as to the condition or repair thereof were made by the Landlord or anyone on their behalf prior to the execution of this Indenture.

If, prior to........, any of the buildings or improvements now on said demised premises shall be condemned and removed, or destroyed by fire or other casualty, in whole or in part, whether insured or not, this Indenture and the obligation of

the Landlord and the Tenant hereunder shall not be affected, modified or changed. Prior to........, the Tenant, at its own expense, may insure its interest in said buildings for the difference in amount between the insurance carried thereon by the Landlord and the insurable value of said buildings.

The Tenant agrees and covenants, however, that if there are any building or buildings on said demised premises on it will keep the same in as good condition as they then shall be, ordinary wear and tear excepted, until the Tenant begins the erection and construction of the new fireproof building herein mentioned.

6. New Building. The Tenant further agrees and covenants that within the time hereinafter stipulated it will at its own cost, risk and expense, remove the building or buildings, fixtures and improvements that may then be on said demised premises, which buildings and improvements are hereby granted to it upon such removal, and will build, construct, complete, fully equip and finish a. shall cost not less than.

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and shall be of the actual value of ; further, that such building shall be completed and ready for occupancy on or before.... and when completed shall be free from all mechanics' or other liens; and further, that the Tenant shall, upon demand, furnish to the Landlord full and satisfactory evidence in writing of the actual cost of said building and of the payment therefor, and that said building is free and clear of all mechanics' and other liens and from liability thereto arising from the construction or equipment of said building. Provided, that in case the Landlord shall be delayed in delivering possession of said demised premises to the Tenant until after.... then the

time on or before which the Tenant is obligated as hereinbefore provided to erect a.. . completed and ready for occupancy,.. shall be correspondingly extended, it being the intention of the parties that the Lessee shall have a period of.... years after obtaining full and complete possession of the demised premises within which to complete and fully equip the.. .building hereinbefore mentioned and provided for; and further, in case the Landlord shall be delayed in delivering possession of said demised

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premises to the Tenant until after.. the Tenant shall not be obligated to pay rent during such period of delay. 7. Security. The Tenant further agrees and covenants to furnish and deliver to the Landlord at the time of the execution of this Indenture a bond with sufficient and satisfactory surety or sureties, to be approved by said Landlord, running to said Landlord, in the sum of Fifty Thousand Dollars ($50,000), conditioned that the Tenant will build, construct and fully equip the new fire-proof building herein provided for on said demised premises in the manner and in all respects as required by the terms of this Indenture, and will fully pay for the same; said bond shall remain in full force and effect until the erection and final completion of said new fire-proof building by the Tenant and until the same shall have been fully paid for and be free and clear of any and all mechanic's, labor and material men's liens, as herein provided; and said bond shall further provide that, in case of default of the Tenant, said sum of..... shall be paid to the Landlord, his legal representatives and assigns, as liquidated and ascertained damages, and not as a penalty or a penal sum or in the nature thereof. Upon full performance of the conditions of said bond as herein provided, the Landlord upon demand by the Lessee shall release and surrender such bond.

8. Subsequent Buildings. The Tenant agrees and covenants that the new fire-proof building when erected on said demised premises, as herein provided, and any building or buildings thereafter at any time thereon shall not be removed or torn down in whole or in part unless the Tenant shall first agree in writing to replace or restore said building or buildings with one of equal or greater value and of the same or of better quality and construction than the said new fire-proof building herein before described, and the Lessee at the same time and before beginning such building operations will furnish and deliver to the Landlord a good and sufficient bond or other security satisfactory to the Landlord, upon the same general terms and conditions as the bond hereinbefore described, in an amount not less than..

The Tenant further covenants and agrees that said new building and any building or buildings thereafter built upon

said demised premises shall be constructed and maintained in compliance with the laws of the State of........and the fire, building and health ordinances and rules of the City of... or the municipality having jurisdiction thereof, and shall be built under the inspection and subject to the lawful requirements of the Building Department of such municipality, or other officer authorized by law to inspect or make rules covering the erection and inspection of buildings.

The Tenant hereby expressly assumes full responsibility for all damages and injury which may result to any person or persons or to adjoining property by reason of the excavation for, and the erection, construction and maintenance of said building or buildings, and agrees and covenants to hold the Landlord harmless from any such claim or claims.

It is agreed that should the Tenant be delayed in any of the building operations provided for by this Indenture by any fire, strike, riot, war, insurrection, by the act of God, or by any other cause beyond the control of the Tenant, the time for the completion of said building shall be extended by the length of such delay, anything herein to the contrary notwithstanding; provided, however, that written notice of such delay and the cause and circumstance thereof shall be delivered to the Landlord within... ..days after the commencement of such delay, otherwise no allowance or extension of time shall be claimed or granted because of such delay.

The Tenant agrees and covenants that in the event of the abandonment or non-completion of any building or improvements upon said demised premises untertaken by it, or in the event of its failure to complete and finish the same conformably to all the requirements of this Indenture, then the Landlord shall have the option, but without any obligation so to do and without prejudice to any other rights in consequence of such default, may complete or finish such building or improvements at the expense and cost of the Tenant and as nearly as practicable and proper according to plans and specifications then being worked under, provided that the same shall be accessible to the Landlord and to those whom they may employ.

Nothing herein shall prevent the Tenant in good faith from contesting in the courts the claim or claims of any person or

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