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THIS LEASE~ made this ~~th day of h ebruary ~ 19 ~Z ~ by and between
NcCain.Sales of Florida, Inc., a Florida Corp oration with its principal
place of business located at 2912 Orange Avenue~ Ft. Pierce, Florida
(hereinafter called the "Lessor"), and NYTCO SERVICES, INC., a Oelaware corporation, with its principal place
of business at 444 Lafayette Road, St. Paul, Minn. (hereinafter called the "Lessee")~
WITNESSETH:
In consideration of the payment of a rental, for the term, of $1.00 and other good and valuabie con-
siderations, the receipt whereof is hereby acknowledged by the Lessor, and in consideration of the premises
and of the covenants and agreements herein contained, the Lessor does hereby lease to the Lessee, for the
purposes of operating its Inventory Certification Control system therein or thereon, the following described
premises: The Certain four areas, one having the general dimensions 40
Feet by 40 Feet situate within the one story, concrete block constructed
building measuring approximately 80 Feet by 40 Feet~ one area having the
c~eneral dimensions 30 reet by 12 Reet, one area having the general dimensions
30 Faet by 20 Feet and on~ area having the general dimensions 30 Reet by
~ 25 Feet. The latter three areas situated within the concrete block constructe
building measuring approximately 100 Feet by 80 Feet. Areas are more
particularly located, bound and describzd on the accompanying plot plan dated
February, 19~2 and entitled NYTCO Services, Inc., Operation Numbered 1700
and areas so described herein numbered 1, 2, 3 and 4 respectively and outlined
in red on said plot p1an.~--
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from the llthday of February ~ ig ~2 , to and including the lOtt~ay of February ~
19 75 . It be+ng understood however that tt~e te~m of this lease shall be automatically extended for a~di-
tional three y~ar periods thereafter, unless terminated as hereinafter set forth. The Lessee, its agents,
employees and servants shall have the right of free ingress to and egress from the ~emised premises,
through or over any premises of the Lessor, and the right at all times during the term of this lease~ or any
extension or renew-al thereof, to use without expense to the Lessee, any mach~nery, equipment or facilities,
either owned by the Lessor or available to it. for the handling, storing, weighing, receiving, packing, shipping
or delivery of property deposited in or on the demised premises.
/VERBAL
This iease is a sublease made by the Lessor as lessee under a lease made with the owner of the
I premises, viz., W R McCain and Rui Estelline McCain, Individuals
i owner's address: ~91'~ Orange Avenue Ft. Pierce, Flvrida
~ which lease is dated February lOth, ~972 for the term of Month to Month
i yeaf~commencing February lOth, 1972. The Lessor represents to the Lessee that it has a good VERBAL
; nght to sublet the demised premises, and the Lessor promises to pay promptly the rent due under the Head
~ Lease dated . N ebruary lOthr~ I972 , and to perform and be bound by all the terms and
~ conditions of said Head Lease insofar as they remain applicable to the Lessor and are not appficable to a
; sub-tenant.
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1. The Lessor warrants said premises to be suitable for the purposes for which they are intended to be
used, and agrees, at its own expense, to keep said leased premises and all apparatus installed therein in
~ constant good repair and order, and to maintain the premises at a proper temperature to protect and pre-
~ serve the goods stored therein; and to protect, indemnify, and hold harmless the Lessee against all claims for
R loss, darrtage or shortage of any kind or nature to the property deposited therein, or thereon, which may
occur or take place through the failure of the Lessor to maintain such repairs, order and proper temperature,
r or from any other cause whatsoever. . .
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~ 2. The Lessor agrees to indemnify, exonerate and hold harmless the lesSee of and from all fines.
~ penalties, suits, claims, demands, and actions of any kind and nature of anyone whomsoever by reason of
~ the occupation of the premises by the Lessee.
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~ 3. The Lessee agrees that, for the purpose of inspection of the premises and complying with the pra
visions of the foregoing paragraphs, the employees of the Lessor shall have access to the premises at
reasonable times to be fixed by the agent of the Lessee in charge of said premises, in his presence and under
~ his supervision.
4. In case of default by the Lessor the Lessee may. at its option, comply with any of these provisions
and charge the expense thereof to the Lessor less any indebtedness at any time owing by the Lessee to the
Le:~sor. The Lessor shall at all times remain liable until the full amount thereof shall have been paid.
5. It is agreed in consideration of the mutual covenants herein contained, and the other conditions of
~ th~s lease. that the Lessee shal! not be resporsible for damage to the premises or the property stored therein
;y by fire or other casualty.
= 6. This lease may be terminated by either party by giving a 30 day written notice to this effect to the
- other part~~. Nowever, it is expressly agreed that in case the Lessee shall have issued and there be out-
standing imlentory certification document(s) on any property deposited in 4he leased premises, under no
_ circumstances shall this lease be terminated un;il all such documents have been surrendered to the Lessee
= and until Lessor shall have paid Lessee all charges and advances due or owing said Lessee by said Lessor.
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