EXHIBIT 10.1
LEASE AGREEMENT
executed by and between
SARCOM Properties, Inc. - lessor
AND
AF Services, LLC - lessee
dated: December 1, 2009
TABLE OF CONTENTS
1.
DEFINITIONS
1
2.
INITIAL TERM
2
3.
BASE RENT
2
4.
OPERATING, MAINTENANCE, TAXES, AND OTHER EXPENSES
2
5.
BUDGET FOR OPERATING, MAINTENANCE, TAXES AND OTHER EXPENSES
5
6.
CONSTRUCTION AND COMPLETION OF THE PREMISES
6
7.
OPTION TO TERMINATE
7
8.
FORCE MAJEURE
7
9.
ASSIGNMENT BY LESSOR
7
10.
LIMITATION ON SERVICES
8
11.
QUIET ENJOYMENT
8
12.
CERTAIN RIGHTS RESERVED TO THE LESSOR
8
13.
CERTAIN RIGHTS OF LESSEE
9
14.
ESTOPPEL CERTIFICATES
9
15.
WAIVER OF CERTAIN CLAIMS BY LESSEE
9
16.
WAIVER OF CERTAIN CLAIMS BY LESSOR
10
17.
MUTUAL WAIVER OF SUBROGATION
10
18.
INDEMNIFICATION
11
19.
LIABILITY INSURANCE
11
20.
FIRE AND EXTENDED COVERAGE INSURANCE
12
21.
HOLDING OVER
12
22.
ASSIGNMENT AND SUBLETTING
12
23.
CONDITION OF PREMISES
13
24.
USE OF PREMISES
13
25.
GENERAL REPAIRS BY LESSOR/MAINTENANCE BY LESSEE
13
26.
DAMAGE OR DESTRUCTION TO THE BUILDING
14
27.
EMINENT DOMAIN
14
28.
LESSOR'S REMEDIES
15
29.
SUBORDINATION OF LEASE
17
30.
NOTICES AND CONSENTS
18
31.
NO ESTATE IN LAND
18
32.
INVALIDITY OF PARTICULAR PROVISIONS
18
33.
MISCELLANEOUS TAXES
18
34.
BROKERAGE
19
35.
SPECIAL STIPULATIONS
19
36.
SECURITY DEPOSIT
20
37.
LIMITATION OF LESSOR'S LIABILITY
20
38.
FINANCIAL STATEMENTS
20
39.
HAZARDOUS SUBSTANCES
20
Exhibit A - Legal Description
Exhibit B - Premises
Exhibit C - Tenant Improvements
I
Exhibit D - Rules and Regulations
Exhibit E - PC Mall, Inc. Guarantee
II
LEASE AGREEMENT
By this Lease Agreement (hereafter sometimes referred to as the "Lease") dated
this 19th day of February, 2010, by and between, SARCOM Properties, Inc., an
Ohio corporation, organized under the laws of the State of Ohio (hereafter
referred to as the "Lessor") and AF Services, a limited liability company
organized under the laws of the State of Delaware (hereafter referred to as the
"Lessee"), Lessor hereby leases unto Lessee, and Lessee accepts and leases from
Lessor the Premises as hereinafter described for the term, the rent, and subject
to the conditions and covenants hereinafter provided.
In consideration thereof, the parties covenant and agree as follows:
1.
DEFINITIONS
Unless the context otherwise specifies or requires, the following terms shall
have the following meanings herein specified.
(a)
The term "Real Property" shall mean a certain tract of real estate commonly
known as 8337 Green Meadows Drive, Lewis Center, Ohio, the legal description of
which is attached hereto and marked as Exhibit "A."
(b)
The term "Building" shall mean a 2-story building containing approximately one
hundred forty-four thousand (144,000) leasable square feet of space, more or
less, located upon the Real Property as hereinabove defined.
(c)
The term "Premises" shall mean the one-hundred twenty-one thousand four hundred
eighty-six (121,486) leasable square feet of the Building as outlined on the
diagram attached hereto and marked as Exhibit "B."
(d)
The term "Common Area" shall mean all