LEASE
BY AND BETWEEN
BRUNACINI DEVELOPMENT, LTD. CO.,
a New Mexico limited liability company
("Landlord")
AND
SBS TECHNOLOGIES, INC., a New Mexico corporation
("Tenant")
TABLE OF CONTENTS
Page
1. DEMISED PREMISES; CONTRACTION; EXPANSION 1
2. USE 3
3. TERM; EARLY TERMINATION; OPTION TO EXTEND 4
4. BASE RENT;REIMBURSABLE EXPENSES; HVAC; EXCLUSIONS FROM OPERATING EXPENSES;
SECURITY DEPOSIT 6
5. LATE PAYMENT PENALTY; DEFAULT INTEREST 12
6. LANDLORD AND TENANT IMPROVEMENTS 12
7. INDUSTRIAL REVENUE BONDS 17
8. REQUIREMENTS OF LAW 17
9. REPAIRS; TOUCH UP ALLOWANCE 18
10. UTILITIES; JANITORIAL; TAXES 19
11. ALTERATIONS BY TENANT; ROOF; GENERATOR 21
12. LANDLORD'S RIGHT OF ACCESS 22
13. FIRE INSURANCE; DESTRUCTION BY FIRE OR OTHER CAUSES 22
14. LIABILITY INSURANCE 24
15. EMINENT DOMAIN 24
16. SUBORDINATION; ESTOPPEL 25
17. NON-WAIVER OF LANDLORD'S OR TENANT'S RIGHTS 26
18. QUIET ENJOYMENT 26
19. SURRENDER 26
20. NOTICES 26
21. SUCCESSORS AND ASSIGNS; ENTIRE AGREEMENT 27
22. ASSIGNMENT; SUBLETTING 27
23. HOLDOVER 28
24. REMEDIES OF LANDLORD FOR DEFAULT 28
25. ATTORNEY'S FEES 30
26. SEVERABILITY 30
27. CHOICE OF LAW 30
28. FORCE MAJEURE 30
29. LEVY 30
30. HAZARDOUS MATERIALS 30
31. RIGHT OF FIRST REFUSAL 32
32. WAIVER OF LANDLORD'S LIEN 32
33. INDEMNIFICATION 32
34. COMMISSIONS 33
35. FINANCIAL STATEMENTS 33
36. AMERICANS WITH DISABILITIES ACT 34
37. POWER LINES
38. OTHER TENANTS
39. COUNTERPARTS
EXHIBIT "A" 37
EXHIBIT "B" 38
EXHIBIT "C" 39
EXHIBIT "D" 41
EXHIBIT "E" 42
EXHIBIT "F" 43
EXHIBIT "G" 44
LEASE
AGREEMENT of Lease dated for reference purposes the 12th day of July, 2004, by
and between BRUNACINI DEVELOPMENT, LTD. CO., a New Mexico limited liability
company (called "Landlord") and SBS TECHNOLOGIES, INC., a New Mexico corporation
(called "Tenant"),
WITNESSETH:
1. DEMISED PREMISES; CONTRACTION; EXPANSION
(a) DEMISED PREMISES. Landlord, for and in consideration of the covenants and
conditions hereinafter contained on the part of the Tenant to be performed, and
in consideration of the rent hereinafter reserved, does hereby grant, lease,
demise and let unto Tenant and Tenant does hereby agree to pay said rent, lease
and take from Landlord the Property (as hereinafter defined) described as:
A "Building" containing 47,529 square foot (more or less) at 7401 Snaproll,
N.E., Albuquerque, New Mexico 87109 immediately west of the intersection of
Snaproll N.E. and Rutledge N.E., together with all of the fixtures, apparatus,
equipment and improvements to be provided by Landlord and to be located therein
or thereon (collectively, together with the Building, "Improvements") and all
rights and easements appurtenant thereto, all of which are hereinafter called
the "Demised Premises". The Improvements are depicted on Exhibit "A" attached
hereto and incorporated herein by reference and are located on the real estate
described as follows:
SEE EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. ("Land").
The Demised Premises and the Land are sometimes collectively referred to herein
as the "Property".
The square footage of the Building shall be calculated based upon the Building
Owners and Managers Association ("BOMA") International Guidelines for measuring
single tenant