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FILED: QUEENS COUNTY CLERK 07/02/2024 12:01 PM INDEX NO. 713779/2024
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/02/2024
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FILED: QUEENS COUNTY CLERK 07/02/2024 12:01 PM INDEX NO. 713779/2024
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/02/2024
This Lease made the A day of December 2021 m between
Fw 3B MAMayILG AG ee
Woodhaven Assets Gore with the address at
Zu hereinafter referred to as LANDLORD, and
97-09 64" Road Rego Park N.Y 11374
A‘ variety store LLC with the address at 96-01 Jamaica Ave Queens New York
hereinafter jointly, severally and collectively referred to as TENANT.
Witnesseth, that the Landlord hereby leases to the Tenant, and the Tenant
hereby hires and takes from the Landlord part of the first floor in the building known as
96-
01 Jamaica Avenue, Jamaica New York 11421.
to be used and occupied by the Tenant for DISCOUNT VARIRITY STORE ALONG
WITH THE SALE OF MILK/YOGURT PRODUCTS, FROZEN FOODS, EGGS,
SNACK , BEVERAGE AND BEER.
and for no other purpose, for a term to commence on December 1, 2021
to November 30,
2031 unless sooner terminated as hereinafter provided, at the ANNUAL
RENT of
$252,008.00 2 year, monthly of $21,000.00 for the first year.
SEE ATTACHED RIDER
all payable in equal monthly installments in advance on the first day of each and
every
calendar month during said term, except the first installment, which shall be paid
upon the
execution hereof. :
THE TENANT JOINTLY AND SEVERALLY COVENANTS:
FIRST.- That the Tenant will pay the rent as above provided.
SECOND.- That, throughout said term the Tenant will take good care of
the demised
premises, fixtures and appurtenances, and all alterations, additions and improvements to
either; make all repairs in and about the same necessary to preserve them
in good order
and condition, which repairs shall be, in quality and class, equal to the
original work;
promptly pay the expense of such repairs; suffer no waste or injury; give prompt
notice to the
Landlord of any fire that may occur; execute and comply with all laws, rules,
orders,
ordinances and regulations at any time issued or in force (except those requiring structural
alterations), applicable to the demised premises or to the Tenant's occupatio
n thereof, of
the Federal, State and Local Governments, and of each and every departmen
t, bureau and
official thereof, and of the New York Board of Fire Underwriters; permit
at all times
during usual business hours, the Landlord and representatives of the Landlord
to enter the
demised premises for the purpose of inspection, and to exhibit them for purposes
of sale or
rental ; suffer the Landlord to make repairs and improvements to all parts
of the building,
and to comply with all orders and requirements of governmental authority
applicable to
said building or to any occupation thereof: suffer the Landlord to erect,
use, maintain,
repair and replace pipes and conduits in the demised premises and to the
floors above and
below ; forever indemnify and save harmless the Landlord for and against
any and all
liability, penalties, damages, expenses and judgments arising from injury during
said term to
person or property of any nature, occasioned wholly or in part by any act
or acts, omission
or omissions of the Tenant, or of the employees, guests, agents, assigns or
undertenants of
the Tenant and also for any matter or thing growing out of the occupation of the
premises or of the streets, sidewalks of vaults adjacent thereto; permit,
months next prior to the expiration of the term the usual notice "To Let”
demised
during the six
to be placed and
mw
to remain unmolested in a conspicuous place Upon the exterior of the demised
premises;
repair, at or before the end of the term, all injury done by the installation
Zn
or removal of
furniture and property; and at the end of the term, to quit and surrender the demised
premises with all alternations, addictions and improvements in good order and condition.
THIRD.- That the Tenant will not disfigure or deface any part of the building
or
suffer the same to be done, except so far as may be necessary to affix such trade fixtures
as are herein consented to by the Landlord; the Tenant will not obstruct, Or permit the
Obstruction of the street or the sidewalk adjacent thereto; will not do anything, or suffer
anything to be done upon the demised premises which will increase the rate of fire
insurance upon the building or any of its cantents, or be liable to cause structural injury to
FILED: QUEENS COUNTY CLERK 07/02/2024 12:01 PM INDEX NO. 713779/2024
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/02/2024
said building; will not permit the accumulation of
waste or refuse matter, and will not,
without the written consent of the Landlord first obtaine
d in each case, either sell, assign,
mortgage or transfer this lease, underlet the demised
premises of any Pat thereof, permit the
same or any part thereof to be occupied
by anybody or the Ten"na and the Tenan's
make any alterations in the demised premises, ase the demised employees,
promises Or any part thereof for
any purpose other than the one first above-stipulated, or for any purpose deemed extra
hazardous on account of fire risk, nor in violation
of any law or ordinance. That the Tenant
will not obstruct or permit the light, halls, stairway or entrances to the building,
erect or inscrib and will not
e any sign, signals or advertisements unless and until the
thereof have been approved by the Landlord; and if any style and location
be erected or inscribed without
such approval, the Landlord may remove the same. No water cooler, air conditi
system or other apparatus shall be installed or used oning unit or
without the prior written consent of
Landlord.
IT IS MUTUALLY COVENANTED AND AGREED, THAT:
FOURTH..- If the demised premises shall be partially damaged
by fire or other causes without
the fault or neglect of Tenant, Tenant's servants, employe
es, agents, visitors or licensees, the
damages shall be repaired by and al tire expense of Landlord and the rent
be made apportioned according to the part of the demised until such repairs shall
premises which is usable by Tenant.
But If such partial damageis due to the fault or neglect of Tenant,
Tenant's servants, employees,
agents, visitors or licensees, without prejudice to any other
rights and remedies of Landlord an
without prejudice to the rights of subrogation of Landlord’s ins
the damage
ure r, shall be repaired
by Landlord but there shall be no apportionment or abatement of rent. No penalty shall
for reasonable delay which may arise by reason of adjustm accrue
ent of insurance on the part of
Landlord and/or tenant,.and for reasonable delay on account
of “labor troubles”, or any other
cause beyond Landlord’s control, If the demised premise
s are totally damaged or are rented
Wholly untenantable by fire or other cause, and if Landlor
d shall decide not to restore or not to
rebuild the same, or if the building shall be so damaged that Landlord shall decide
or to rebuild it, then or in any of such events landlord to demolish it
may, within ninety (90) days after such fire
or other cause, give Tenant a notice in of such decision, which notice shall be given
writing as
in Paragraph Twelve bereof
provided, and thereupon the term of this lease shall expire
of time upon the third by lease
day after such notice is given, and tenant shall vacate the
premises and surrender the same to Landlord. If Tenant demised
shall not be in default under this lease
the, upon the termination of this lease under the conditi
on provided for in the sentence
immediately preceding, Tenant’s liability for rent shall cease
as the day following the casualty.
Tenant hereby expressly waives the provisions of Section
227 of the Rental Property Law and
agrees that the foregoing provisions of this Article shall gov
and
ern control in lieu thereof.
If the
damage or destruction be due to the fault or neglect of Tenant
the debris shall be removed by,
and at the expense of, Tenant
FIBTH.- If the whole or
any part of the premise bereby demised shall be taken or condemned
by any competent authority for any public use or purpose then the
term hereby granted shall cease
from the time when possession of the part so taken
shall be required for such public purpose and
without apportionment of award, the Tenant
hemby mignino to the Landlord all right and claim
to any such award, the current
rent, however, in such case to be apportioned.
SEXTEL- If before the commencement of the term, the Tenant
be adjudicated a bankrupt, or
make a “general assignment,” or take the benefit of any insolvent act, or
if a Receiver or Trustee
be appointed for the Tenant’s property, or if this lease or the estate
of the tenant hereunder be
transferred of pass to or devolve upon any other person or corporation,
or if the Tenant shall
default in the performance of any agreement by the Tenant
contained in any other lease to the
Tenant by the Landlord or by any corporation of which an
offer the Landlord is Director, this
lease shall thereby, at the option of the landlord, be termina
ted and in case, neither the Tenant nor
anybody claiming under the tenant shall be entitled to go into
possession of the demised premises,
If after the commencement of the term, any of the events mentioned above in this
Shall occur, or if Tenant shall make default in fulfilling any subdivision
of the covenants of this lease, other
than covenants for the payment of rent or “additional rent”,
or if the demised premises become
vacant or deserted, the Landlord may give to the Tenant ten
days’ notice of intention to end the
tern of this lease, and thereupon at the expiration of said ten days’
Gf said condition which was
thee basis of said notice shall continue to exist) the term under
this lease shall expire as fully and
completely as if that date were the date herein definitely fixed
for the expiration of the term and
the Tenant will then quit the demised premises to the Landlord, but the Tenant
shall remain liable
as hereinafter provided.
FILED: QUEENS COUNTY CLERK 07/02/2024 12:01 PM INDEX NO. 713779/2024
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/02/2024
If the Tenant shall
make default in the payment of the rent reserved
item of “additional rent” herein mentioned of any hereunder, or any
part of either or in making any other
payment herein provided for, or if the notice last above provided shall have
condition which was the basis of said notice shall given and if the
exist at the expiration of said ten days
period, the Landlord may immediately, or at
any time thereafter, re-enter the demised
premises and remove all persons and all or any
property there from, either by summary
i Proceeding, or by any suitablé “action or procee
ding at law, or by force or
otherwise, without being liable to indictment,
Prosecution or damages therefore, and re-
possess and enjoy said premises together with all additio
ns, alterations and improvements. In
any such case or in the event that this lease be “termi
nated” before the commencement of the
term, as above provided, the Landlord
may either re-let the demised premises or any part or
parts thereof for the Landlord's own account, or
may, at the Landlord's option, re-let the
demised premises or any part or pats thereof as the
agent of the Tenant, and receive there
rents therefore,
applying the same first to the payment of such expenses as the landlord
have incurred, and then to the fulfillment of the covenants of the Tenant
may
balance , if any, at the expiration herein, and the
of the term first above provided shall be paid to the
for,
Tenants to the Landlord on the several rent days
above specified, that is, npon each of such
rent days the Tenants shall
pay to the Landlord the amount of deficiency then existing. The
Tenant expressly waives any and all right of redemption in case the Tenant
shall be
dispossessed by judgment or warrant of any court or
judge, and the Tenant waives and will
waive all right to trial by jury in any summary
proceedings hereafter instituted by the
Landlord against the Tenant in respect to the demised
premises. The words “re-enter” as used
in this lease are not restricted to their technical legal meaning.
In the event of a breach or threatened breach by the Tenant
of any of the covenants or
Provisions hereof, the Landlord shall have the right of injuncti
on and the right to invoke any remedy
allowed at law or in equity, as if-entry, summary proceedings
and other remedies were not herein
provided for. ~
SEVENTH — If the Tenant shall make default in the perform
ance of any covenant herein
contained, the Landlord, may immediately, or at any time
thereafter, without notice, perform the
same for the account of the Tenant, If a notice of mechani
c’s lien be filed against the demised
Premises or against premises of which the demised premises
are part, for, or purporting to be for,
labor or material alleged to have been furnished, or to be furnished to or for
demised premises, and if the Tenant shall fail to take such the Tenant at the
action as shall cause fien to be discharge
within fifteen days after the of such notice the Landlord
filing maypay the amount of such lien or
discharge the same by deposit or by bonding
proceedings, and in the event of such deposit or
bceding proceedings, the Landlord may require the lienor to prosecute an
appropriate action to
enforce the lienor's claim, In such case, the Landlord may
claim. Any amount paid or expense incurred
pay any judenwnt recovered on such
by the Landlord as in this subdivision of this lease
provided, and any amount as to which the Tenant shall at
any time be in default for or in respect to
the use of water, electric current or sprinkler supervisory service, and any expense incurred or sum
of money paid by the Landlord
by reason of the failure of the Tenant to comply with any provision
hereof, or in defending any such action, shall be deem to be "additional rent"
for the damined
premises, and shall be due payable by the tenant to the Landlord on
by the first day of the next
following month, or, at the option of the Landlord, on the first
receipt by the Landlord of
day of any succeeding month. The
any installment of-the regular stipulated rent bereunder or
"additional rent"
shall not be a waiver of rent" any of said
any other"additional then due.
EIGHTH.- The failure of the tawnord to in any one or more inatancre upon
insist, a strict
performance of any of the covenants of this
lease, or to exercise any option herein shall
not be construed as a waiver or a relinquishment contained,
for the future of such covenant or
same shall continue and remain in full force and effect. The option, but the
receipt by the Landlord of rent, with
knowledge of the breach of any covenant hereof. shall not
be deemed a waiver of such breach and
no waiver by the Landlord of
any provision hereof shall be deemedto bave been made unless
expressed in writing and signed by the Landlord. Even
though the Landlord shall consent to an
ataignment hereof no further assignment shall
be made without express consent in
Landlord. writing by the
NINTH.- if this lease be assigned, or If the demised premise
s or any part thereof be underlet or
occupied by anybody other than the Tenant the Landlord
may collect rent from the assignee.
under-tenant or occupant, and apply the net amount collect
ed to tile runt herein reserved,
and no such collection shall be deemed a waiver of the
covenant herein against assignment
and underletting, or the acceptance of the imder-tenant
assignee, or occupant as tenant, or a release
ofthe Tenant from the further performance by the T=* of the covenants herein conenined on the
an iieiaet
FILED: QUEENS COUNTY CLERK 07/02/2024 12:01 PM INDEX NO. 713779/2024
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/02/2024
part of the Tenant.
TENTH.- This lease shall be subject and subordinate at all times, to the lien
of the mortgages
now on the demised premises, and to all advances made, or hereafter to be made
upon the security
thereof, and subject and subordinate to the lien of any mortgage or
mortgages which at any time
may be made a lien upon the premises. The Tenant will execute and deliver such further
instrument or instruments subordinating this Lease to the lien
of any such mortgage or
mortgages as shall be desired by any mortgagee or proposed mortgage
e. The Tenant hereby
appoints the Landlord the attorney-in-fact of the Tenant, irrevocable, to execute and
deliver any
such Instrument or Instruments for the Tenant.
ELEVENTH.- All improvements made by the Tenant to or upon the demised
premises,
except said trade fixtures, shall when made, at once be deemed to be attached
to the Freehold,
and become the property of the Landlord, and at the end or other
expiration of the term, shall be
surrendered to the T.andlord in as good order and condition as they were when installed, reasonable
wear and damages by tile elements excepted.
TWELFTH.- Any notice or demand which under the terms of this lease
or under any statute
must ot may be given or made by the parties hereto shall be it, writing and
shall be given or made
by mailing the same by certified or registered mail addressed to the respectiv
e parties at the
addres set forth ses
in this lease.
THIRTEENThe TH.-
Landlord shall not be liable for any failure of water suporply electrical
current, sprinkler damage, or failure of sprinkler, nor for injury or damage
to person or property
caused by the elements or by other tenants or persons in said building, or
resulting from steam, gas,
electricity, water, rain or snow, which mayleak or flow from any bart of said buildings, or from the
Pipes, appliances or plumbing works of the same, or from the street or sub-surfac
e, or from any
other place, nor (or interference with light or other incorporeal hereditame
nts by anybody other than
the Landlord, or caused by operations by or fora government authority
in construction of any public
or quasi-public work, neither shall the Landlord be liable for any latent
defect in the building.
FOURTEENTH. - No diminution or abatement of rent, or other compensation
shall be claimed
or allowed for inconvenience or discomfort arising from the making of repairs
or improvements to
the building or to Its appliances, nor for any space taken to comply with any law,
ordinance or order
of 2 governmental authority. In respect to the various “service," if any, herein
expressly or
impliedly agreed to be furnished by the Landlord to the Tenant, It Is agreed that there shail be no
diminution or abatement of the rent, or any other compensation , for interruption
or curtailment of
such “service” when such interruption or curtailment shall be due to accident,
alterations or repairs
desirable or necessary to be made or to inability or difficulty in seeming supplies
or labor for the
maintenance of such “service” or to some other cause, not gross negligence on the part
Landlord. No such interruption or curtailment of any such “service” of the
shall be deemed a
constructive eviction. The Landlord shall not be required to furnish, and the Tenant
shall not be
entitled to receive, any of such "services" during any period wherein the Tenant
shall be in default
In respectto the payment of rent Neither shall there be any abatement or
diminution of rent
because of making of repairs, improvements or decorations to the demised
premises after the
date above fixed for the commencemeofnt
the term, it being understood that rent shall, in any
event, commence to run at such date so above fixed.
FIFTEENTH. - The Landlord may prescribe and regulate the placing
of sates,
machinery, quantities of merchandise and other things. The Landlord may
also prescribe and
regulate which elevator and entrances shall be used by the Tenant's employee., and
Tenant's
for the
shipping. The Landlord may make such other and further rules and
regulations as,
in the Landlord's judgment, may from time to time be needful for the safety,
care or cleanliness of
the building, and for the preservation of good order therein. The Tenants
and the employees and
agents of the Tenant will observe and conform to all such rules and regulation
s.
SIXTEENTH.- In the event that an excavation shall be made for building
or other purposes
upon land adjacent to the demised premises or shall be contemplated to be made,
the Tenant shall
afford to tire person or persons causing or to cause such excavation, license
to enter upon the
we
demised premises for the purpose of doing such work as said person or persons
shall deem to be
necessary to preserve the wall nr walls, structure or structures upon the demised
premises from
injury and to supporthe
t same by proper foundations.
SEVENTEENTH.- No vaultsor space not with the property
in line of the building are leased
hereunder. Landlord makes no represen as tati
to the location
on
building. Such vaults or space as Tenant may be permitted to use
occupied under a revocable license and if such license be revoked
of the property line of the
or occupy are to be used or 4\\
by the Landlord as to the use of
part or all of the vaults or space Landlord shall not be subject to any liability; Tenant shall not be
FILED: QUEENS COUNTY CLERK 07/02/2024 12:01 PM INDEX NO. 713779/2024
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/02/2024
entitled to any compensation or reduction in rent nor shall
thin be deemed constructive or
actual eviction. Any tax, fee or charge of municipal or other
authorities for such vaults or
space shall he paid by the Tenant for the period of the Te
na use nt
or occupan
'scy thereof.
EIGHTEENTH. That during seven months prior to the expirati
on of the term hereby granted,
applicanis shall be admitted at all reasonable hours of the day to
view the premises until
rented; and the Landiord and the Landlord's agents shall
be permitte at d
any time during the
term to visit and examine them at any reasonable hour
of the day, and workmen may enter at
any time, when authorizedby the Landlord-orthe Landlord's
agents, to make or facilitate
repairs in any part of the building; and if the said Tenant
shall not be personally present to
open and permit an entry into said premises, at any tie, when
for any reason an entry therein
shall be necessary or permissible hereunder, the Landlord
or the Landlord's agents may
forcibly enter the same without
rendering the Landlord or such agents liable to any claim or
cause of action for damages
by reason thereof (If during such entry the Landlord shall
accord reasonable care to the Tenant's
property) and without in any reanner affecting the
obligations and covenants of this lease; it is, howeve
r. expressly understood that the right
and authority hereby reserved, does not impose, nor does
the Landlord assume, by reason
thereof, any responsibility or liability whatsoever for the
care or supervision of sad
premises, or any of the pipes, fixtures, appliances or appurt
enances therein contained or
ther in any
ew manner
it connec
hted.
NINETEENTH.- The Landlord has made no representati
ons or promises in respectto
said building or to the demised premises except those contained herein,
contained in some written communication to the Tenant, and those, if any,
signed by the Landlord. This
instrument may not be changed, modified, discharged
or terminated orally.
TWENTIETH.- If the Tenant shall at any time be in default
hereunder, and if the
Landlord shall Institute an action or summary proceeding
against the Tenant based upon
such default, then the Tenant will reimburse the Landlor
d for the expense of attorneys' fees
and disbur sement thereby incurred by the landlord, so far as the
amount. Also so long a8 the Tenant shall be a tenant hereund same are reasonable in
er the amount of such expenses
shall be deemed to be “additional rent" hereunder and shall
be due from the Tenant to the
Landlo
rd on the first day of the
Preview
FILED: QUEENS COUNTY CLERK 07/02/2024 12:01 PM INDEX NO. 713779/2024 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/02/2024 EXHIBIT SSW EXHIBIT EXHIBIT (Immediately Follows (Immediately Follows This This Page) Page) FILED: QUEENS COUNTY CLERK 07/02/2024 12:01 PM INDEX NO. 713779/2024 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/02/2024 This Lease made the A day of December 2021 m between Fw 3B MAMayILG AG ee Woodhaven Assets Gore with the address at Zu hereinafter referred to as LANDLORD, and 97-09 64" Road Rego Park N.Y 11374 A‘ variety store LLC with the address at 96-01 Jamaica Ave Queens New York hereinafter jointly, severally and collectively referred to as TENANT. Witnesseth, that the Landlord hereby leases to the Tenant, and the Tenant hereby hires and takes from the Landlord part of the first floor in the building known as 96- 01 Jamaica Avenue, Jamaica New York 11421. to be used and occupied by the Tenant for DISCOUNT VARIRITY STORE ALONG WITH THE SALE OF MILK/YOGURT PRODUCTS, FROZEN FOODS, EGGS, SNACK , BEVERAGE AND BEER. and for no other purpose, for a term to commence on December 1, 2021 to November 30, 2031 unless sooner terminated as hereinafter provided, at the ANNUAL RENT of $252,008.00 2 year, monthly of $21,000.00 for the first year. SEE ATTACHED RIDER all payable in equal monthly installments in advance on the first day of each and every calendar month during said term, except the first installment, which shall be paid upon the execution hereof. : THE TENANT JOINTLY AND SEVERALLY COVENANTS: FIRST.- That the Tenant will pay the rent as above provided. SECOND.- That, throughout said term the Tenant will take good care of the demised premises, fixtures and appurtenances, and all alterations, additions and improvements to either; make all repairs in and about the same necessary to preserve them in good order and condition, which repairs shall be, in quality and class, equal to the original work; promptly pay the expense of such repairs; suffer no waste or injury; give prompt notice to the Landlord of any fire that may occur; execute and comply with all laws, rules, orders, ordinances and regulations at any time issued or in force (except those requiring structural alterations), applicable to the demised premises or to the Tenant's occupatio n thereof, of the Federal, State and Local Governments, and of each and every departmen t, bureau and official thereof, and of the New York Board of Fire Underwriters; permit at all times during usual business hours, the Landlord and representatives of the Landlord to enter the demised premises for the purpose of inspection, and to exhibit them for purposes of sale or rental ; suffer the Landlord to make repairs and improvements to all parts of the building, and to comply with all orders and requirements of governmental authority applicable to said building or to any occupation thereof: suffer the Landlord to erect, use, maintain, repair and replace pipes and conduits in the demised premises and to the floors above and below ; forever indemnify and save harmless the Landlord for and against any and all liability, penalties, damages, expenses and judgments arising from injury during said term to person or property of any nature, occasioned wholly or in part by any act or acts, omission or omissions of the Tenant, or of the employees, guests, agents, assigns or undertenants of the Tenant and also for any matter or thing growing out of the occupation of the premises or of the streets, sidewalks of vaults adjacent thereto; permit, months next prior to the expiration of the term the usual notice "To Let” demised during the six to be placed and mw to remain unmolested in a conspicuous place Upon the exterior of the demised premises; repair, at or before the end of the term, all injury done by the installation Zn or removal of furniture and property; and at the end of the term, to quit and surrender the demised premises with all alternations, addictions and improvements in good order and condition. THIRD.- That the Tenant will not disfigure or deface any part of the building or suffer the same to be done, except so far as may be necessary to affix such trade fixtures as are herein consented to by the Landlord; the Tenant will not obstruct, Or permit the Obstruction of the street or the sidewalk adjacent thereto; will not do anything, or suffer anything to be done upon the demised premises which will increase the rate of fire insurance upon the building or any of its cantents, or be liable to cause structural injury to FILED: QUEENS COUNTY CLERK 07/02/2024 12:01 PM INDEX NO. 713779/2024 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/02/2024 said building; will not permit the accumulation of waste or refuse matter, and will not, without the written consent of the Landlord first obtaine d in each case, either sell, assign, mortgage or transfer this lease, underlet the demised premises of any Pat thereof, permit the same or any part thereof to be occupied by anybody or the Ten"na and the Tenan's make any alterations in the demised premises, ase the demised employees, promises Or any part thereof for any purpose other than the one first above-stipulated, or for any purpose deemed extra hazardous on account of fire risk, nor in violation of any law or ordinance. That the Tenant will not obstruct or permit the light, halls, stairway or entrances to the building, erect or inscrib and will not e any sign, signals or advertisements unless and until the thereof have been approved by the Landlord; and if any style and location be erected or inscribed without such approval, the Landlord may remove the same. No water cooler, air conditi system or other apparatus shall be installed or used oning unit or without the prior written consent of Landlord. IT IS MUTUALLY COVENANTED AND AGREED, THAT: FOURTH..- If the demised premises shall be partially damaged by fire or other causes without the fault or neglect of Tenant, Tenant's servants, employe es, agents, visitors or licensees, the damages shall be repaired by and al tire expense of Landlord and the rent be made apportioned according to the part of the demised until such repairs shall premises which is usable by Tenant. But If such partial damageis due to the fault or neglect of Tenant, Tenant's servants, employees, agents, visitors or licensees, without prejudice to any other rights and remedies of Landlord an without prejudice to the rights of subrogation of Landlord’s ins the damage ure r, shall be repaired by Landlord but there shall be no apportionment or abatement of rent. No penalty shall for reasonable delay which may arise by reason of adjustm accrue ent of insurance on the part of Landlord and/or tenant,.and for reasonable delay on account of “labor troubles”, or any other cause beyond Landlord’s control, If the demised premise s are totally damaged or are rented Wholly untenantable by fire or other cause, and if Landlor d shall decide not to restore or not to rebuild the same, or if the building shall be so damaged that Landlord shall decide or to rebuild it, then or in any of such events landlord to demolish it may, within ninety (90) days after such fire or other cause, give Tenant a notice in of such decision, which notice shall be given writing as in Paragraph Twelve bereof provided, and thereupon the term of this lease shall expire of time upon the third by lease day after such notice is given, and tenant shall vacate the premises and surrender the same to Landlord. If Tenant demised shall not be in default under this lease the, upon the termination of this lease under the conditi on provided for in the sentence immediately preceding, Tenant’s liability for rent shall cease as the day following the casualty. Tenant hereby expressly waives the provisions of Section 227 of the Rental Property Law and agrees that the foregoing provisions of this Article shall gov and ern control in lieu thereof. If the damage or destruction be due to the fault or neglect of Tenant the debris shall be removed by, and at the expense of, Tenant FIBTH.- If the whole or any part of the premise bereby demised shall be taken or condemned by any competent authority for any public use or purpose then the term hereby granted shall cease from the time when possession of the part so taken shall be required for such public purpose and without apportionment of award, the Tenant hemby mignino to the Landlord all right and claim to any such award, the current rent, however, in such case to be apportioned. SEXTEL- If before the commencement of the term, the Tenant be adjudicated a bankrupt, or make a “general assignment,” or take the benefit of any insolvent act, or if a Receiver or Trustee be appointed for the Tenant’s property, or if this lease or the estate of the tenant hereunder be transferred of pass to or devolve upon any other person or corporation, or if the Tenant shall default in the performance of any agreement by the Tenant contained in any other lease to the Tenant by the Landlord or by any corporation of which an offer the Landlord is Director, this lease shall thereby, at the option of the landlord, be termina ted and in case, neither the Tenant nor anybody claiming under the tenant shall be entitled to go into possession of the demised premises, If after the commencement of the term, any of the events mentioned above in this Shall occur, or if Tenant shall make default in fulfilling any subdivision of the covenants of this lease, other than covenants for the payment of rent or “additional rent”, or if the demised premises become vacant or deserted, the Landlord may give to the Tenant ten days’ notice of intention to end the tern of this lease, and thereupon at the expiration of said ten days’ Gf said condition which was thee basis of said notice shall continue to exist) the term under this lease shall expire as fully and completely as if that date were the date herein definitely fixed for the expiration of the term and the Tenant will then quit the demised premises to the Landlord, but the Tenant shall remain liable as hereinafter provided. FILED: QUEENS COUNTY CLERK 07/02/2024 12:01 PM INDEX NO. 713779/2024 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/02/2024 If the Tenant shall make default in the payment of the rent reserved item of “additional rent” herein mentioned of any hereunder, or any part of either or in making any other payment herein provided for, or if the notice last above provided shall have condition which was the basis of said notice shall given and if the exist at the expiration of said ten days period, the Landlord may immediately, or at any time thereafter, re-enter the demised premises and remove all persons and all or any property there from, either by summary i Proceeding, or by any suitablé “action or procee ding at law, or by force or otherwise, without being liable to indictment, Prosecution or damages therefore, and re- possess and enjoy said premises together with all additio ns, alterations and improvements. In any such case or in the event that this lease be “termi nated” before the commencement of the term, as above provided, the Landlord may either re-let the demised premises or any part or parts thereof for the Landlord's own account, or may, at the Landlord's option, re-let the demised premises or any part or pats thereof as the agent of the Tenant, and receive there rents therefore, applying the same first to the payment of such expenses as the landlord have incurred, and then to the fulfillment of the covenants of the Tenant may balance , if any, at the expiration herein, and the of the term first above provided shall be paid to the for, Tenants to the Landlord on the several rent days above specified, that is, npon each of such rent days the Tenants shall pay to the Landlord the amount of deficiency then existing. The Tenant expressly waives any and all right of redemption in case the Tenant shall be dispossessed by judgment or warrant of any court or judge, and the Tenant waives and will waive all right to trial by jury in any summary proceedings hereafter instituted by the Landlord against the Tenant in respect to the demised premises. The words “re-enter” as used in this lease are not restricted to their technical legal meaning. In the event of a breach or threatened breach by the Tenant of any of the covenants or Provisions hereof, the Landlord shall have the right of injuncti on and the right to invoke any remedy allowed at law or in equity, as if-entry, summary proceedings and other remedies were not herein provided for. ~ SEVENTH — If the Tenant shall make default in the perform ance of any covenant herein contained, the Landlord, may immediately, or at any time thereafter, without notice, perform the same for the account of the Tenant, If a notice of mechani c’s lien be filed against the demised Premises or against premises of which the demised premises are part, for, or purporting to be for, labor or material alleged to have been furnished, or to be furnished to or for demised premises, and if the Tenant shall fail to take such the Tenant at the action as shall cause fien to be discharge within fifteen days after the of such notice the Landlord filing maypay the amount of such lien or discharge the same by deposit or by bonding proceedings, and in the event of such deposit or bceding proceedings, the Landlord may require the lienor to prosecute an appropriate action to enforce the lienor's claim, In such case, the Landlord may claim. Any amount paid or expense incurred pay any judenwnt recovered on such by the Landlord as in this subdivision of this lease provided, and any amount as to which the Tenant shall at any time be in default for or in respect to the use of water, electric current or sprinkler supervisory service, and any expense incurred or sum of money paid by the Landlord by reason of the failure of the Tenant to comply with any provision hereof, or in defending any such action, shall be deem to be "additional rent" for the damined premises, and shall be due payable by the tenant to the Landlord on by the first day of the next following month, or, at the option of the Landlord, on the first receipt by the Landlord of day of any succeeding month. The any installment of-the regular stipulated rent bereunder or "additional rent" shall not be a waiver of rent" any of said any other"additional then due. EIGHTH.- The failure of the tawnord to in any one or more inatancre upon insist, a strict performance of any of the covenants of this lease, or to exercise any option herein shall not be construed as a waiver or a relinquishment contained, for the future of such covenant or same shall continue and remain in full force and effect. The option, but the receipt by the Landlord of rent, with knowledge of the breach of any covenant hereof. shall not be deemed a waiver of such breach and no waiver by the Landlord of any provision hereof shall be deemedto bave been made unless expressed in writing and signed by the Landlord. Even though the Landlord shall consent to an ataignment hereof no further assignment shall be made without express consent in Landlord. writing by the NINTH.- if this lease be assigned, or If the demised premise s or any part thereof be underlet or occupied by anybody other than the Tenant the Landlord may collect rent from the assignee. under-tenant or occupant, and apply the net amount collect ed to tile runt herein reserved, and no such collection shall be deemed a waiver of the covenant herein against assignment and underletting, or the acceptance of the imder-tenant assignee, or occupant as tenant, or a release ofthe Tenant from the further performance by the T=* of the covenants herein conenined on the an iieiaet FILED: QUEENS COUNTY CLERK 07/02/2024 12:01 PM INDEX NO. 713779/2024 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/02/2024 part of the Tenant. TENTH.- This lease shall be subject and subordinate at all times, to the lien of the mortgages now on the demised premises, and to all advances made, or hereafter to be made upon the security thereof, and subject and subordinate to the lien of any mortgage or mortgages which at any time may be made a lien upon the premises. The Tenant will execute and deliver such further instrument or instruments subordinating this Lease to the lien of any such mortgage or mortgages as shall be desired by any mortgagee or proposed mortgage e. The Tenant hereby appoints the Landlord the attorney-in-fact of the Tenant, irrevocable, to execute and deliver any such Instrument or Instruments for the Tenant. ELEVENTH.- All improvements made by the Tenant to or upon the demised premises, except said trade fixtures, shall when made, at once be deemed to be attached to the Freehold, and become the property of the Landlord, and at the end or other expiration of the term, shall be surrendered to the T.andlord in as good order and condition as they were when installed, reasonable wear and damages by tile elements excepted. TWELFTH.- Any notice or demand which under the terms of this lease or under any statute must ot may be given or made by the parties hereto shall be it, writing and shall be given or made by mailing the same by certified or registered mail addressed to the respectiv e parties at the addres set forth ses in this lease. THIRTEENThe TH.- Landlord shall not be liable for any failure of water suporply electrical current, sprinkler damage, or failure of sprinkler, nor for injury or damage to person or property caused by the elements or by other tenants or persons in said building, or resulting from steam, gas, electricity, water, rain or snow, which mayleak or flow from any bart of said buildings, or from the Pipes, appliances or plumbing works of the same, or from the street or sub-surfac e, or from any other place, nor (or interference with light or other incorporeal hereditame nts by anybody other than the Landlord, or caused by operations by or fora government authority in construction of any public or quasi-public work, neither shall the Landlord be liable for any latent defect in the building. FOURTEENTH. - No diminution or abatement of rent, or other compensation shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the building or to Its appliances, nor for any space taken to comply with any law, ordinance or order of 2 governmental authority. In respect to the various “service," if any, herein expressly or impliedly agreed to be furnished by the Landlord to the Tenant, It Is agreed that there shail be no diminution or abatement of the rent, or any other compensation , for interruption or curtailment of such “service” when such interruption or curtailment shall be due to accident, alterations or repairs desirable or necessary to be made or to inability or difficulty in seeming supplies or labor for the maintenance of such “service” or to some other cause, not gross negligence on the part Landlord. No such interruption or curtailment of any such “service” of the shall be deemed a constructive eviction. The Landlord shall not be required to furnish, and the Tenant shall not be entitled to receive, any of such "services" during any period wherein the Tenant shall be in default In respectto the payment of rent Neither shall there be any abatement or diminution of rent because of making of repairs, improvements or decorations to the demised premises after the date above fixed for the commencemeofnt the term, it being understood that rent shall, in any event, commence to run at such date so above fixed. FIFTEENTH. - The Landlord may prescribe and regulate the placing of sates, machinery, quantities of merchandise and other things. The Landlord may also prescribe and regulate which elevator and entrances shall be used by the Tenant's employee., and Tenant's for the shipping. The Landlord may make such other and further rules and regulations as, in the Landlord's judgment, may from time to time be needful for the safety, care or cleanliness of the building, and for the preservation of good order therein. The Tenants and the employees and agents of the Tenant will observe and conform to all such rules and regulation s. SIXTEENTH.- In the event that an excavation shall be made for building or other purposes upon land adjacent to the demised premises or shall be contemplated to be made, the Tenant shall afford to tire person or persons causing or to cause such excavation, license to enter upon the we demised premises for the purpose of doing such work as said person or persons shall deem to be necessary to preserve the wall nr walls, structure or structures upon the demised premises from injury and to supporthe t same by proper foundations. SEVENTEENTH.- No vaultsor space not with the property in line of the building are leased hereunder. Landlord makes no represen as tati to the location on building. Such vaults or space as Tenant may be permitted to use occupied under a revocable license and if such license be revoked of the property line of the or occupy are to be used or 4\\ by the Landlord as to the use of part or all of the vaults or space Landlord shall not be subject to any liability; Tenant shall not be FILED: QUEENS COUNTY CLERK 07/02/2024 12:01 PM INDEX NO. 713779/2024 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/02/2024 entitled to any compensation or reduction in rent nor shall thin be deemed constructive or actual eviction. Any tax, fee or charge of municipal or other authorities for such vaults or space shall he paid by the Tenant for the period of the Te na use nt or occupan 'scy thereof. EIGHTEENTH. That during seven months prior to the expirati on of the term hereby granted, applicanis shall be admitted at all reasonable hours of the day to view the premises until rented; and the Landiord and the Landlord's agents shall be permitte at d any time during the term to visit and examine them at any reasonable hour of the day, and workmen may enter at any time, when authorizedby the Landlord-orthe Landlord's agents, to make or facilitate repairs in any part of the building; and if the said Tenant shall not be personally present to open and permit an entry into said premises, at any tie, when for any reason an entry therein shall be necessary or permissible hereunder, the Landlord or the Landlord's agents may forcibly enter the same without rendering the Landlord or such agents liable to any claim or cause of action for damages by reason thereof (If during such entry the Landlord shall accord reasonable care to the Tenant's property) and without in any reanner affecting the obligations and covenants of this lease; it is, howeve r. expressly understood that the right and authority hereby reserved, does not impose, nor does the Landlord assume, by reason thereof, any responsibility or liability whatsoever for the care or supervision of sad premises, or any of the pipes, fixtures, appliances or appurt enances therein contained or ther in any ew manner it connec hted. NINETEENTH.- The Landlord has made no representati ons or promises in respectto said building or to the demised premises except those contained herein, contained in some written communication to the Tenant, and those, if any, signed by the Landlord. This instrument may not be changed, modified, discharged or terminated orally. TWENTIETH.- If the Tenant shall at any time be in default hereunder, and if the Landlord shall Institute an action or summary proceeding against the Tenant based upon such default, then the Tenant will reimburse the Landlor d for the expense of attorneys' fees and disbur sement thereby incurred by the landlord, so far as the amount. Also so long a8 the Tenant shall be a tenant hereund same are reasonable in er the amount of such expenses shall be deemed to be “additional rent" hereunder and shall be due from the Tenant to the Landlo rd on the first day of the