COMMERCIAL LEASE
THIS LEASE, made this 31st day of December, 1996, by and between Richard D. Weinstein ("Lessor"), and Digital Teleport, Inc., a
Missouri corporation ("Tenant"),
WITNESSETH:
1. DESCRIPTION OF LEASED PREMISES. Lessor hereby demises and leases to Tenant approximately 10,000 square feet of the approximately 14,400 square foot building located at 11111 Dorsett Road, St. Louis, Missouri 63043 (the "Leased Premises").
2. PERMITTED USE. The Leased Premises shall be used as general business and administrative offices and for such other purposes as Lessor and Tenant may agree. Tenant, in the use of the premises, shall faithfully observe in all material respects, all applicable City, County, State and Federal ordinances, laws, statutes and regulations now in force or which may hereafter be in force.
3. COMMENCEMENT. The Term of the lease shall commence on January 1, 1997, and shall end on December 31, 1997, both inclusive, unless sooner terminated as provided herein. Tenant shall have the right to extend this lease, at the same rental and upon all of the same terms, provisions and conditions herein contained, for additional terms of one year each until the headquarters of the Company have relocated from the Leased Premises, by giving Lessor written notice of such extension at least thirty (30) days prior to the commencement of such additional term.
4. RENTAL. Subject to adjustment as hereinafter provided, Tenant shall pay to Lessor as Rent for the Leased Premises during the lease term the sum of Seventy-Five Thousand Dollars ($75,000.00) per year for each and every year of said Term, payable in equal monthly installments of Six Thousand, Two Hundred Fifty Dollars ($6,250.00) each, on the first day of each calendar month of the lease term, in advance, at the office of the Lessor as set forth in Section 22 hereof.
All Rent payable under this lease shall be paid without set-off or deduction and appropriate apportionment of monthly rental installments shall be made for any partial months at the beginning and at the end of the term of this lease.
5. TENANT'S OBLIGATIONS. Tenant agrees that no representations as to the condition of the Leased Premises or the appropriateness of the Leased Premises for its intended use has been made by Lessor to Tenant either directly or indirectly prior to or at the execution of this lease that are not herein expressed. During the continuance of this lease Tenant shall keep the Leased Premises and its appurtenances in good order and repair, replacing all glass broken, including but not limited to plate glass with glass of the same size and quality as that
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broken; shall not allow any waste or misuse of the water or other utilities; shall not make or permit noises or odors objectionable to the public; shall pay for all damages to the Leased Premises caused by any waste, misuse or neglect by Tenant of the Leased Premises, its apparatus or appurtenances; shall not overload, damage or deface the Leased Premises, or do any act or thing or bring or keep anything thereon which may make void or voidable any insurance on the premises or the Leased Premises or which may render an increase or extra premiums payable for insurance; and at the expiration of the time mentioned in this lease, or at an earlier termination thereof by forfeiture or otherwise, shall yield up the Leased Premises together with all its apparatus and appurtenances to Lessor in the same condition as when leased, reasonable wear and tear and damage by fire or other casualty beyond the control of Tenant excepted, and will surrender all original and duplicate keys of the several doors and such other things as appertain to the Leased Premises.
6. UTILITIES AND TAXES. Tenant shall be responsible for the payment of all utilities metered or otherwise charged to the Leased Premises, including but not limited to electricity, gas, water, sewage, garbage collection and telephone services. Tenant shall also be responsible for payment of all state and local taxes assessed upon the Leased Premises. Lessor agrees to reasonably cooperate with Tenant in disputing any such tax assessments.
7. INSURANCE. Tenant agrees that it will, at all times during the Term of this lease and at its own expense, carry public liability insurance covering property damage, death and personal injury in, on, or about the Leased Premises in an amount as may be reasonably required by the Lessor; provided, however, that in no event shall the amounts of such coverages be greater than the existing coverage amounts maintained by Lessor on the Leased Premises immediately prior to the execution of this lease unless such amounts are reasonably acceptable to Tenant. Tenant shall furnish Lessor certificates evidencing all such insurance coverage upon demand.
Lessor and Tenant hereby waive any rights each may have against the other on account of any loss or damage occasioned to Lessor or Tenant, as the case may be, their respective property, the Leased Premises or its contents, arising from any risk generally covered by fire and extended coverage insurance, vandalism, malicious mischief and sprinkler leakage; and the parties each, on behalf of their respective insurance companies insuring the property of either Lessor or Tenant against any such loss, hereby waive any right of subrogation that it might have against Lessor or Tenant, as the case may be, to the maximum extent permitted by law without obtaining the express consent of their respective insurance companies.
8. ALTERATIONS AND REPAIRS. If the Tenant desires alterations, repairs or improvements, the Tenant shall do same at the Tenant's expense, provided that (i) all work shall be done by contractors reasonably approved in writing by Lessor, (ii) Tenant shall furnish to Lessor prior to commencing any work, security reasonably satisfactory to Lessor,
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against items for labor and material, (iii) the work shall be reasonably approved by Lessor, and (iv) no part of the work shall be of a character which will require changes outside the leased premises or will adversely affect the Lessor's governmental permits relative to the Leased Premises or the cost of fire insurance for the Leased Premises. All alterations, repairs or improvements whether made by Lessor or Tenant which are so permanently attached or affixed to the Leased Premises that their removal would cause substantial damage to the Leased Premises shall become the sole property of Lessor upon termination of the lease whether by expiration of term or otherwise. Tenant shall have the right to remove all such alterations, repairs or improvements that are not so permanently affixed or attached to the Leased Premises that their removal would cause substantial damage to the Leased Premises; provided, however that Tenant shall repair any and all damage to the Leased Premises relating to the installation and/or removal of such alterations, repairs or improvements removed by Tenant.
9. NO LIENS. Tenant covenants and agrees that it has no powe ...