Exhibit 10.1
LEASE
by and between
FOA 6302 EAST MARTIN LUTHER KING BOULEVARD , LLC,
as Landlord
and
CLAYTON SERVICES, INC.,
as Tenant
TABLE OF CONTENTS
PAGE
1.
DEFINITIONS.
1
2.
TERM.
5
3.
BASE RENT
6
4.
ADDITIONAL RENT.
6
5.
APPROVED PLANS/TENANT'S WORK/COMMENCEMENT DATE
10
6.
USE OF PREMISES
12
7.
CONDITION OF PREMISES
12
8.
SERVICES, INTERRUPTION, UTILITIES.
13
9.
REPAIRS
15
10.
ADDITIONS AND ALTERATIONS; SECURITY AGREEMENT; HOMESTEAD WAIVER.
15
11.
COVENANT AGAINST LIENS
16
12.
INSURANCE.
17
13.
FIRE OR CASUALTY.
18
14.
WAIVER OF CLAIMS/INDEMNIFICATION
20
15.
NONWAIVER
20
16.
CONDEMNATION
21
17.
ASSIGNMENT AND SUBLETTING,
21
18.
SURRENDER OF POSSESSION
22
19.
HOLDING OVER
23
20.
ESTOPPEL CERTIFICATE
23
21.
SUBORDINATION/FINANCIAL STATEMENTS
24
22.
CERTAIN RIGHTS RESERVED BY LANDLORD
24
23.
RULES AND REGULATIONS
26
24.
DEFAULT/LANDLORD'S REMEDIES
26
25.
EXPENSES OF ENFORCEMENT
27
26.
COVENANT OF QUIET ENJOYMENT
27
27.
SECURITY DEPOSIT.
28
28.
REAL ESTATE BROKER
28
29.
HAZARDOUS WASTE
29
30.
RELOCATION OF TENANT
30
31.
MISCELLANEOUS.
30
32.
NOTICES
32
33.
LIMITATION ON LANDLORD'S LIABILITY
33
34.
RENEWAL OPTION.
33
35.
PARKING.
34
36.
RIGHT OF FIRST REFUSAL
35
37.
EFFECTIVE DATE.
36
38.
RADON.
37
39.
SATELLITE DISH.
37
40.
TENANT'S TERMINATION OPTION.
38
41.
GENERATOR
39
42.
STORAGE/FILE SPACE.
41
43.
BUILDING AND PYLON SIGNAGE.
41
44.
COMPLIANCE.
42
45.
COUNTERPARTS.
42
EXHIBIT A
PLAN OF PREMISES
A-1
EXHIBIT A-1
LAND LEGAL DESCRIPTION
A-1-1
EXHIBIT A-2
APPROVED PLANS
A-2-1
EXHIBIT A-3
FILE/STORAGE SPACE
A-3-1
EXHIBIT B
BASIC LEASE TERMS
B-1
EXHIBIT B-1
USE AND OPERATION
B-1-1
EXHIBIT C
RULES AND REGULATIONS
C-1
EXHIBIT D
TENANT'S SIGNAGE
D-1
EXHIBIT E
RIGHT OF FIRST REFUSAL SPACE
E-1
EXHIBIT F
LOCATION OF MARKED PARKING SPACES AND GENERATOR
F-1
EXHIBIT G
PARKING SPACE RELOCATION AREA
G-1
EXHIBIT H
FORM OF SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT
H-1
SCHEDULE 1
CERTIFICATION AS TO COMMENCEMENT DATE
S-1
LEASE
THIS AGREEMENT OF LEASE made as of this 3rd day of January, 2007 (hereinafter
referred to as the "Lease") between FOA 6302 East Martin Luther King Boulevard
LLC, a Delaware limited liability company, having an office c/o Alliance
Commercial Partners, L.L.C., 165 South Union Boulevard, Suite 510, Lakewood,
Colorado 80228, (hereinafter referred to as "Landlord") and Clayton Services,
Inc., a Delaware corporation, whose present address is 2 Corporate Drive,
Shelton, Connecticut 06484, (hereinafter referred to as "Tenant").
WITNESSETH:
Landlord hereby agrees to lease to Tenant and Tenant hereby agrees to lease from
Landlord the premises (hereinafter referred to as the "Premises" or the "Demised
Premises") designated on the plan attached hereto as Exhibit A and made a part
hereof and described on Exhibit B attached hereto and made a part hereof in the
building (hereinafter referred to as the "Building") located at 6302 East Dr.
Martin Luther King, Jr. Boulevard, Tampa, Florida and more particularly
described in Exhibit A-1 attached hereto and made a part hereof (hereinafter
referred to as the "Land"), subject to the covenants, terms, provisions and
conditions of this Lease.