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By-law No. 2002-057 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2002-057 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A LEASE AGREEMENT WITH RIDOUT CENTRE SERVICES LIMITED WHEREAS the Council of the Municipality of Bayham deems it necessary and expedient to enter into a lease agreement with Ridout Centre Services Limited to provide for the provision of a medical services clinic in the Municipality of Bayham. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS. 1. THAT the Mayor and Clerk be and are hereby authorized to execute an Agreement with Ridout Centre Services Limited. 2. THAT the said Agreement is attached hereto as Appendix 'A' and forms a part of this by- law. 3. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 1' day of August 2002. W r MAYO1( C RK THIS AGREEMENT made the day of ,2002 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter referred to as "Bayham" OF THE FIRST PART -AND- TILLSONBURG MEDICAL CENTRE Hereinafter referred to as "Tillsonburg Medical Centre" OF THE SECOND PART WHEREAS Tillsonburg Medical Centre and Bayham have agreed that Bayham shall provide to Centre facilities to conduct a medical clinic in the community of Straffordville. AND WHEREAS the parties hereto wish to define certain of their rights and obligations pursuant to that arrangement herein. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of Two Dollars and other good and valuable consideration, the parties hereto agree as follows: 1. Tillsonburg Medical Centre and Bayham shall enter into a Lease in the form attached hereto. 2. Notwithstanding any provision in the Lease attached hereto, Bayham shall arrange for the supply of furniture, office equipment, and medical supplies and equipment sufficient to allow Tillsonburg Medical Centre to operate a medical clinic. The sufficiency of such furniture, equipment, and supplies shall be determined at the sole discretion of Bayham, and shall remain the property of Bayham. 3. In addition to providing the building in accordance with the Lease, Bayham shall pay to Tillsonburg Medical Centre an operating grant equal to one support staff person for operating hours, up to 21 hours per week, and the cost of medical supplies consumed on the premises. Determination of support staff wages and benefits shall be determined by mutual agreement of the parties. Copies of invoices for medical supplies and wage costs shall be supplied to Bayham by Tillsonburg Medical Centre monthly, and Bayham shall provide grant payment for such costs forthwith upon receipt. 4. Bayham shall arrange for and pay all utility and property maintenance costs for the subject property. 5. Tillsonburg Medical Centre shall provide a clinic staffed with a physician and necessary support staff for approximately 24 to 27 hours per week. Such hours may be altered by mutual consent of the parties. 6. Tillsonburg Medical Centre's provision of services shall occur on at least 3 days per week and shall be for a minimum 3 hours on any day. Tillsonburg Medical Centre shall endeavor to provide notice of operating hours a minimum of 1 week in advance. Tillsonburg Medical Centre shall also endeavor to provide evening hours of operation. The days of operation may be varied by mutual consent. 7. Tillsonburg Medical Centre shall ensure that a minimum of 25 to 50% of physician time is made available for Bayham residents who are not regular patients of Tillsonburg Medical Centre on each day of operation. Should demand for such service warrant increased physician time, to the satisfaction of both Tillsonburg Medical Centre and the Municipality, such minimum may be increased by mutual consent. 8. Tillsonburg Medical Centre and Bayham shall meet on a bi-monthly basis to review operations of the clinic. Additional meetings may be held by mutual consent. 9. Tillsonburg Medical Centre shall arrange for and ensure that all medical waste generated from the operation in accordance with all applicable statutes and regulations. 10. Tillsonburg Medical Centre hereby acknowledges and agrees that Bayham shall continue to enjoy access to the leased premises at times, and shall be permitted to arrange for use or lease of the premises where such use or lease will not directly interfere with the operation of the medical clinic. 11. Tillsonburg Medical Centre agrees to indemnify Bayham against all liabilities, claims, damage or expenses arising out of any act or neglect of Tillsonburg Medical Centre, its servants, employees, agents, or invitees arising from its services as a medical clinic. 12. This agreement shall be for a period of One Year commencing June 4th, 2002. At the end of the term, the parties may extend this agreement or enter into such further other agreements as they may deem appropriate. IN WITNESS WHEROF the parties have hereunto set their hands and seals and the Corporation has affixed its corporate seal under the hands of its proper officers duly authorized that behalf. SIGNED: On Behalf of the Municipality of Bayham Mayor Clerk On Behalf of Tillsonburg Medical Centre Newsome and Gilbert, Form 103! Commercial aLess? Pe 1 of 7 h'isi made the day of .ext pursuFnttt of Or Ohurt liforms of Trnnwi Art Veizern THE CORPQp.ATION OF THE M CIVALl_TY OF EA?I-TAM hereinafter called the "Lessor" OF THE FIRST PART and — Tillsonburg Medical Centre hereinafter called the "Lessee" co THE SECOND PART PREMISES WITNESSETH that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the said Lessee, to be paid, observed and performed, the said Lessor has demised and leased and by these presentdoth demise and lease unto the said Lessee ALL THOSE CERTAIN PREIVMISES excluding any part of the external walls known and described as TERM TO HAVE AND TO HOLD the said demised premises for and during the term of years to be computed from the day of and from thenceforth ensuing and to be fully completed and ended on the day of 2003 RENTAL WEBBING- D-l:'AI NG-T#EREfO -yearly- -ever rye rdttri g-the fit'teat, hereby*granted-,-ixrcto the said .-esstrr;tile-rUn of per—annuer,-mrayable- t-par-- in-egtthmmztmthly-insta1 s-of- eath-ur adr nc urr-the- day-of-each-and-every-mot tir tirrin¢the-maid-tcrnr,_the'first-papmerrr-ler rhe- day-of 'Fhe~sack ssne-covenants-with-thes-a l-Lessorto-payrcrt- BUSINESS TAXES AND to pay all business taxes in respect of the business carried on by the Lessee in and upon or by reason of their occupancy of the premises hereby demised; Newsome and Gilbert, Commercial Lease Fenn 1055 Page a of 7 nu:me AND to repair (reasonable wear and tear, and damage by fire, lightning and tempest only excepted); AND that the said Lessor may enter and view state of repair; AND that the said Lessee will repair according to notice in writing (reasonable wear and tear and damage by fire, lightning and tempest excepted); AND that they will leave the premises in good repair (reasonable wear and tear and damage by fire, lightning and tempest only excepted); ASSIGNMENT ANT) will not assign or sub-Iet the whole or any part of the demised premises without leave; the Lessee hereby waives and renounces the benefit of any present or future act of the Legislature of Ontario which would allow the Lessee to assign or sub-let this lease, without leave of the Lessor. AND the said Lessee covenants with the said Lessor, its successors and assigns; TYPE OP (a) THAT the said demised premises will not, during the said terra, be at any time used for any BUSINESS other purpose than that of medical clinic. FIXTURES (b) AND THAT no fixtures, goods or chattels of any kind will, except in the ordinary course of business, be removed from the demised premises during the term hereby demised or at any time thereafter without the written consent of the Lessor, its successors or assigns, being first had and obtained, until all rent in arrears as well as all rent to become due during the remainder of the term hereby granted shall have been fully paid, or the payment thereof secured to the satisfaction of the Lessor or its assigns. ELECTRIC (c) THAT the Lessee will not, during the said term or at any time prior or subsequent thereto, POWER purchase, acquire or use any electric current for lighting or other purposes except from the company or corporation which shall for the time supply the Lessor with electric current for such purposes in the said building; the intention being that without the written consent of the Lessor, there shall be only one s stem of electric lighting in the said building, (d) THE Lessee hereby covenants to pay all charges for electric energy (for light and power) and gas used by the Lessee in the demised premises. PARTITIONS, (e) THAT if the Lessee shall during the said term desire to affix or erect partitions, counters ALTERATIONS or fixtures in any part of the walls, floors or ceilings of the demised premises, it may do so at its own expense at any time and from time to time provided that the Lessee's rights to make such alterations to the demised premises shall be subject to the following conditions:--- (1) THAT before undertaking any suchalterations, the Lessee shall submit to the Lessor a plan showing the proposed alterations and shall obtain the approval and consent of the Lessor to the same. (2) THAT all such alterations shall conform to all building by-laws, if any, then in force affecting the demised premises. (3) THAT such alterations will not be of such kind or extent as to in any manner weaken the structure of the building after the alterations are completed or reduce the value of the building. (1) THAT, except as herein provided the Lessee will not erect or affix or remove or change the location or style of any partitions or 'Fixtures, without the written consent of the Lessor being first had and obtained. (g) THAT, at the expiration of the term hereby granted, or any renewal thereof, all fixtures belonging to the Lessee shall remain upon the demised premises until taken down by the Lessor, and the Lessee shall forthwith, upon the same being taken down, remove the same from the demised premises first paying to the Lessor the expense of such taking down and making good all damage occasioned to the demised premises by the taking down or removal thereof. BANKRUPTCY (h) THAT, if the term hereby granted or the goods and chattels of the Lessee or any assignee ori or sub-tenant shall be at any time seized or taken in execution or attachment, or if the Lessee or INSOLVENCY any such assignee or sub-tenant shall make an assignment for the benefit of creditors or shall become bankrupt or insolvent, or make a proposal to its creditors, or without the consent of the Lessor being first obtained in writing, shall make~ a sale, under the Bulk Sales Act,in respect of goods on the premises, or being a. company shall become subject to any legislative enactment relating to liquidation or winding up, either voluntary or compulsory, the said term shall immediately become forfeited and void, and an amount equivalent to the next ensuing three months' rent shall be at once due and payable. RULES AND (i) THAT the Lessee and its ele..rlcs, servants and agents will at all times during the occupancy REGULATIONS of the demised premises observe and conform to such reasonable rules and regulations as shall be made by the Lessor from time to time including the rules and regulations set forth in Schedule "A" hereto and of which the Lessee shall be notified, such rules and regulations being deemed to be incorporated in and form part of these presents. REMODELLING (j) THAT, in the event of the Lessor desiring at any time during the term, or any renewal AND SALE thereof, to remodel the said building, or any part thereof, or to take down the said building, the Lessee will on receiving six months' notice in writing, surrender this lease and all the remainder of the term, if any, then yet to come and unexpired, as from the day mentioned in such notice, and will, subject nevertheless to the provisions hereinbefore contained thereupon, vacate the premises and yield up to the Lessor the peaceable possession thereof. IT IS UNDERSTOOD that the said six months' notice need not expire at the end of any year or at the end of any month, and in the event of the day fixed for termination of the lease expiring on some other day than the last day of a month, the rent for such month shall be apportioned for the broken period. IT IS AGREED between the Parties hereto that in the event of a sale of the said premises or if the said premises he expropriated or condemned by any Department of the Federal, Provincial Newsome and Gilbert. Commercial Lean Form 1036 Page a of or Municipal Governments then the Lessor shall have the right notwithstanding anything herein contained to terminate this lease upon giving three months' notice in writing to the Lessee of his intention so to do or by paying the said Lessee a bonus of three months' rent, in which latter event, the Lessee undertakes to vacate the said premises at the expiration of thirty (30) days from the delivery of such notice. PROTECTIVE THE LESSEE agrees to pay the cost of any installations, additions, or alterations to the INSTALLATIONS said premises that the Lessor may be required to make by any Municipal, Provincial or other governing authority, or requested by any private protective system used by the Lessees, for the security and protection of the Lessee and his employees and his or their effects including but not so as to limit the foregoing installations, additions and alterations for fire and theft protection and ail such Installations, additions, or alterations shall forthwith become the property of the Lessor. DISTRESS AND the Lessee further covcnaruts, promises and agrees with the Lessor that notwith- standing any present or future Act of the Legislature of the Province of Ontario, none of the goods or chattels of the Lessee at any time during the continuance of the term hereby created on the said demised premises shall be exempt from levy by distress for rent in arrears by the Lessee as provided for by the said Section of said Act, and that upon any claim being made for such exemption by the Lessee or on distress being made by the Lessor this covenant and agreement may be pleaded as an estoppel against the Lessee in any action brought to test the right to the levying upon any such goods as are named exempted in the said Section, the Lessee waiving as he hereby does all and every benefit that could or might have accrued to him under and by virtue of the said section of the said act but for the above covenant. The Lessor covenants with the Lessee for quiet enjoyment. The Lessor further covenants with the Lessee as follows: TAXES AND (a) To pay alletwateratentsisexetesstmenstaiembespestlierezeoteaescgeseekbatasianxiagiAliketftiksMiet QTS for the normal supply of cold water to the said premises,sexssi slcytltsodeat trela¢rJCStiart t iamssarx &nosncas asi a r tambanet lgco nt4uld x k iii ff tM125 p tcpao t etia etkita M stse xx as tiva ttlxitykliti*ItRIMA , AatninantfotitlirmiciogntimikARAX PROVIDED THAT; (i) IN THE EVENT of the Lessee being assessed as n Separate School Supporter, and by reason thereof the amount of the taxes payable on the said premises being increased over the amount payable on an assessment as a Public School Supporter, then and in such event the Lessee covenants and agrees with the Lessor to pay to the Lessor the amount of such increase upon demand being made therefor in writing by the Lessor. It is understood and agreed that such increase shall be payable by the Lessee notwithstanding the fact that at the time such demand is made, the Lessee may have ceased to be a tenant of the Lessor. In the event of the Lessee failing to pay to the Lessor the amount of such increase upon demand as herein, provided, then the Lessor shall have the same rights and remedies for collection thereof as for the rent in arrears, (ii) THE LESSEE covenants and agrees to and with the Lessor that if there shall be an increase in municipal taxes payable by the landlord over the amount shown by the immediately last tax bill issued by the municipality in which the demised premises are situate prior to the date of thls lease the Lessee will pay any such increase apportioned over the term of the within lease and the renewal (if any) hereinbefore provided and that any such increase in municipal taxes shall be deemed to he part of the rent reserved here- under and all the remedies available to the Lessor relating to rent both, hereunder and at law shall apply, mutatis mutandis, thereto. HEATING (b) To heat the said premises between the 15th day of October and the 1st day of May next ensuing in each year in such manner as to keep the said premises at a reasonable temperature for the reasonable use thereof by the Lessee during reasonable business hours except during the making of repairs, ander case the boilers, engines, pipes, or other apparatus or any of then, used in effecting the heating of the said demised premises shall at any time become incapable of heating said premises as aforesaid, or be damaged or destroyed, to repair said damage or replace said boilers, engines, pipes or apparatus or any of them or (at the option of the Lessor) substitute other heating apparatus therefor within a reasonable time, provided, however, that the Lessor shall not he liable for indirect or consequential damages for personal discomfort or illness arising from any default of the Lessor; ACCESS (c) To give the Lessee, his agents, clerks, servants and all persons transacting business with the Lessee, in common with other persons, the right to enter the demised premises by means of the main entrance on and free rise of the stairway and passages from the street to the said premises at all reasonable times, subject to rules and reggulations in regard to the said building as may be passed from time to time. PROVISO for re-entry by the said Lessor on non-payment of rent or non-performance of covenants. VOIDANCE OF IT IS FURTHER DECLARED AND AGREED that in case the said premises or any LEASE part thereof, become and remain vacant and unoccupied for the period of fifteen days, or be used by vACANT OR any other person or persons, or for any other purpose than as above provided, without the written IMPROPER consent of the Lessor, this lease shall, at the option of the Lessor, cease and be void, and the term LISP, hereby created expire and be at an end, anything hereinbefore to the contrary notwithstanding and the proportionate part of the current rent shall thereupon become immediately due and payable, and the Lessor may re-enter and take possession of the premises as though the Lessee or Other occupant or occupants of said premises were holding over after the expiration of the term; or in such case instead of dr errnining this lease as aforesaid and re-entering upon the demised premises, the Lessor may take possession of the demised premises, or any part or parts thereof, and let and manage.the same and grant any lease or leases thereof upon such terms as to the Lessor or its assigns may appear to be reasonable, and demand, collect, receive and distrain for all rental Newsome and Gilbert, Commercial Lease Fekm 1037 Page 4 of 7 which shall become payable in respect thereof, and apply the said rentals after deducting all expenses incurred in connection with the demised premises and in the collection of the said rent including reasonable commission for the collection thereof and the management of the demised premises, upon the rent hereby reserved, and the Lessor and its assigns and every such agent acting as aforesaid from time to time, shall in so acting be the agents of the Lessee, who alone shall be responsible for their acts, and the Lessor and its assigns shall not be accountable for any moneys except those actually received, notwithstanding any act, neglect, omission or default or any such agent acting as aforesaid. WATER AND AND IT IS FURTHER DECLARED AND AGREED THAT the Lessor shall not be GAS DAMAGE liable for any damage to any property at any time upon the demised premises arising from gas, steam, water, rain or snow, which may leak into, issue or flow from any part of the said building, or from the gas, water, steam or drainage pipes or plumbing works of the same or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement of any electric or other wires in the said building. The Lessee shall be liable for any damage done by reason of water being left running from the taps in the demised premises or from gas permitted to escape therein. RISKS of AND the Lessor shall not be responsible for any personal injury which shall be sustained INJURY by the Lessee or any employee, customer, or other person who may be upon the demised premises or in the said building or the entrances or appurtenances thereto. All risks of any such injury being assumed by the Lessee, who shall hold the Lessor harmless and indemnified therefrom. NO'rTCE THE Lessee shalt give the Lessor prompt written notice of any accident or other defect in ACCIDENT the sprinkler system, water pipes, gas pipes or heating apparatus, telephone, electric or other wires on any part of the premises. The Lessee shall pay all insurance premiums on the premises. INSURANCE THE Lessee covenants with the said Lessor that his said business to be so carried on in the said building will not be of such a nature as to increase the insurance risk on the said premises or cause the Lessor to pay an increased rate of i osurance premiums on the said premises by reason thereof and it is distinctly understood that in case said business so carried on by the Lessee is or becomes ofrsuch a nature to increase the insurance risk or causes the Lessor and/or other occupants of the said building to pay an increased rate of insurance premiums, that the Lessee will from time to time pay to the Lessor the increased amount of insurance premiums which the said Lessor and other occupants of the said building have to pay in consequence thereof; provided that the Lessee cdvenants that he will not carry on or permit to be carried on any business in the said building which may make void or voidable any insurance held by the Lessor or the other occupants of the said building. Busmen PROVIDED that the Lessee will not do or permit anything to be done on the said NOT TO BE A premises or permit or keep anything therein which may be annoying to the Lessor or other NUISANCE occupants of the said building or which the said Lessor may deem to be a nuisance and that no machinery shall be used therein which shall cause any undue vibration in or to the said premises and that in case of the Lessor or any other occupants of the said building reasonably complaining that any machinery or operation or process is a nuisance to it or them or which causes any undue vibration or noise in the said premises, that upon receiving notice thereof, the said Lessee will immediately abate such nuisance. The said Lessee covenants not to obstruct or interfere with the rights of the Lessor or other occupants of the said building or in any way injure or annoy them or conflict with any of the rule and regulations of the Board of Health or with any Statute or municipal by-law. S7OiI AND IT IS HEREBY FURTHER AGREED by and between the said Lessor and the said Lessee that no sign, advertisement or notice shall be inscribed, painted or affixed by the said Lessee on any part of the outside or inside of the building whatever, unless of such manner, color, size and style and in such places upon or in said building as shall be first designated by the Lessor, and, furthermore, the Lessee, on ceasing to be Lessee of the demised premises, will, before removing his goods and fixtures from the said premises, cause any sign as aforesaid to be removed or obliterated at his own expense and in a workmanlike manner to the satisfaction of the Lessor. ELEVATOR THE Lessor undertakes to maintain elevators in said building which arc to be run during the ordinary business hours of every business day of the year, but not during public holidays or Sundays, except at the option of the Lessor. The Lessee shall, subject to the Lessor's rules and regulations, have free use of such elevators in common with others lawfully using the same, but the Lessee and its employees and alI other persons using any such elevator shall do so at its, his, her or their sole risk, and under no circumstances shall the Lessor be held responsible for any damage or injury happening to any person whilst using such elevator, or, occasioned to any person by such elevator or any appurtenances and whether such damage or injury shall happen by reason of the act, omission or negligence or otherwise of the Lessor, or any of its employees, servants, agents or otherwise howsoever. WATER THE Lessor agrees to pay for normal water consumed on the said premises but in the event of any abnormal consumption of water either by reason of the character of the business carried on by the Lessee or by the use of mechanical or other contrivances the Lessee consents to the installation of a water meter at his own expense, if necessary, and further agrees to pay for the excess water consumed on the said premises. PLATE THE Lessee agrees at his own expense to replace any plate glass or other glass that has GLASS been broken or removed during the term of the within lease or of any renewal thereof and will during the said term keep the plate glass fully insured in some company approved by the Lessor. FIRE PROVIDED that if during the term herein or any renewal thereof the premises shall be destroyed Or damaged by fire or the elements then the following provisions shall applyt (a) If the demised premises shall be so badly injured as to be unfit for occupancy, and as to be incapable of being repaired with reasonable diligence within one hundred and twenty days of the happening of such injury, then the term hereby granted shall cease and be at an end to all intents Newsome And Gilbert, Commercial Tease Form 1078 Page 5 of 7 and purposes from the date of such damage or destruction, and the Lessee shall immediately surrender the same, and yield up possession of the demised premises to the Lessor, and the rent from the time of such surrender shall be apportioned; (b) If the demised premises shall be capable, with reasonable diligence, of being repaired and rendered fit for occupancy within one hundred and twenty days from the happening of such injury as aforesaid, but if the damage is such as to render the demised premises wholly unfit for occupancy, then the rent hereby reserved shall not run or accrue after such injury, or while the process of repair is going on, and the Lessor shall repair the same with all reasonable speed, and the rent shall recommence immediately after such repairs shall be completed. (c) If the demised premises shall be repaired within one hundred and twenty days as aforesaid, and if the damage is such that the said premises are capable of being partially used, then until such damage shall have been repaired, the rent shall abate in the proportion that the part of the demised premises rendered unfit for occupancy bears to the whole of the demised premises- NO Af9ATEMENT THERE shall be no abatement from or reduction of the rent due hereunder, nor shall the OP RENT Lessee be entitled to damages, Iosses, Costs or disbursements from the Lessor during the term hereby created on, caused by or on account of fire, (except as above), water, sprinkler systems, partial or temporary failure or stoppage of haat, light, elevator, live steam or plumbing service in or to the said premises or building, whether due to acts of God, strikes, accidents, the making of alterations, repairs, renewals, improvements, structural changes to the said premises or buildings or the equipment or systems supplying the said services, or from any cause whatsoever; provided that the said failure or stoppage be remedied within a reasonable time. RIGHT TO THAT the Lessee will permit the Lessor to exhibit the demised premises during the last arrow three months of the term to any prospective tenant and will permit all persons having written ?REMISES authority therefor to view the said premises at all reasonable hours. NOTICES THAT any notice which either of the parties is required or permitted to give pursuant to any provision of this lease may, if intended for the Lessee, be given by a writing left at the demised premises or mailed by registered mail addressed to the Lessee at the demised premises, and if intended for the Lessor by a writing left at the premises of the Lessor at or mailed by registered mail addressed to the Lessor at the Lessor's said premises, and such notice shall be deemed to have been given at the time it was delivered or mailed, as the case may be. OVER PROVIDED further and it is herebyagreed that should the Lessee hold over after the HOLDING expiration of this lease and the Lessors thereafer accept rent for the said premises, the Lessee shall hold the said premises as a monthly tenant only of the Lessors but subject in all other respects to the terms and conditions of this lease. The words importing the singular number only shalt include the plural, and vice versa, and words importing the masculine gender shall include the feminine gender, and words importing persons shall include firms and corporations and vice versa. Unless the context otherwise required, the word "Lessor" and the word "Lessee" wherever used herein shall be construed to include and shall mean the executors, administrators, successors and/or assigns of the said Lessor and Lessee, respectively, and when there are two or more Lessees bound by the same covenants herein contained, their obligations shall be joint and several. �1 itttp.6$ dist'! Or the parties hereto have executed these presents, SIGNED, SEALED and DELIVERED In the presence of THE CORPORATION OF THE MUNICIPALITY OF BAYIIAM Tillsonburg Medical Centre Ncw one and Gilbert. Commercial Lean Form 1039 Page 6 of 7 SCHEDULE OF RULES AND REGULATIONS FORMING PART OF THE WITHIN LEASE 1. The eidewalke, entrances, elevators, realm-aye and corridors of the building shall not be obstructed by any tenants or used by them for any Other purpose than for ingress and mese to end from their respective offices, and no tenM1t shall place or allow to be placed In the hallways, corridors or stairways any waste paper, dust, enrbag>e. refuse or any thing whatever that ghat! Mena to snake them appear unclean. untidy or filthy; 2. The floors. skylights end windows that meet or admit light into paexaa[cwnys or into any place in the said building !hall not be eovered or obstructed by any of the tenant& end no awnings shall be put Over any window; the water closets and other water apparatus Shall not be used for any purpose other than thane for which they acre oonatructed, and TO ewcepinge, rubbish. rags, ashes or ether eubetance shalt be thrrrwn therein. orad any damage resulting to them front misuse shell be borne by the tenant by whom or by whose employee the damage lens caused. S_ Ail window signs. Interior signs and sigma on glass doors must be approved in writing by the Lessor before the Lessee engages a aim, contractor to paint said signs. and all such signs shag be painted in the form previously co approved by the Lemur. 4. In the event that the Loner provides and inctaHS a Fublit Directory Board inside the main entrance to the building, the tenant's or tenants' name or name aball he Dlaced on the said Board at the expense of inch tenant or tenants. salvo to be charged to the tenant or tenants in the month's bill Tor rent next rendered, and obeli bc recoverable as rent. 5. If orae sign, advertisement or notice ehall be inscribed, painted or affixed by the Loewe on or to any part of the stud building, whatever. then the Lessor shall be at liberty to enter on said premises and pull dawn and take away any such sign, advertieemcnt or notice, and the expense thereof ehall be payable by the Le see. 9. If by reason of any elterntione which the Lessee may make or may permit to be made. with or without the consent of the Leer, to any part of the demised Premixes' or to any fixtures in the demised promisee, +he addition of any equipment or the use of any material which the Leasee, its cmploYecs or other persons permitted by-the Lemeor to be on the premixes may me or keep in the acid promises, or any change in the type of occupancy of the derriteed premises' which the Lessee may make or permit to be mads, there is any Inert-nee in the insurance premiums payable by the Lester on any fire Insurance which may be in effect or which the Leseor may hereafter place upon the budding of which the demised prerniac.e form a peri, the Lessee agrees to pay to the Leer the amount of ouch increase, and the parties agree that a atatement 1'ry the inserance broker of the Lessor cf the amount of such increase shall bc final and binding upon the parties, 7. *To safes, maehhiery, equipment, heavy merchaudlse or nnything liable to injure or destroy any pert of the buildtna shell be taken Into it without the consent of the Leecar in writing, and the Lessor shall in all cases retain the power to limit the weight and indicate the place where each cafe or the like le to stand, and the eget of rcpnirieg any and oil damage done to the building by takinir in or putting out such safe or the like or during the time It is in or on. the pnnnleee, shall be Paid for on demand by the tenant who so sanders it, NTo tenant shall load any floor beyond its reasonable weight carrying capacity as set forth in the municipal or other codes applicable to the building. 8. In order that the demised pretelnee may be kept in a good state of proeeryatlon and eleanlinoae. the tenant shall during the COMinuancc of its lease permit the janitor or caretaker of the Lessor to take charge or and clean the demised premises, 0. No tenant shall employ any person or persons other then the ;nanitor or taretalcer of the Leaser for the osmose of such cleaning or of taking charge of said premises. It being understood and agreed that the Lessor shall be in no wise responsible to any tenant for any les of property from the demised premises. however occurring, or any damage done to the furniture or other effete of any tenant by the janitor or caretaker or any of ifs employees. 10. The Lesion shall bare the right to enter the demised preselect at reasonable hours in the day to examine the anise or to make smelt repairs and altoratleassrA,ns it shall deem heewelnry for the safety and preservation of the building. rind also during the three months previous to the expiration bf the leans of the demised premises. to exhibit the said premises to be let and put upon them Its usual notice 'For Rent", which said notice And not bo removed by any tenant. Si. Nothing shall be thrown by the teorpte, their clerk"' or servants, out of the windows or doors or down the pnesagea and sky-lights of the building. C. No animate Anil be kept In or about the premises, 18. If the Lessee desires telegraph or telephone, eau bell or other private signal connections, the Leiter reacrves the right to direct the electricians or other worlanim as to where and how the wires are to be introduced, and without such dlrectlona no bonnie or cutting for wires shell take place, No other wires of any kind chatl be introduced without the written consent of the Lessor, 14. No one Anil nee the leased premises for sleeping apartments, or residential purposes, is. Tenants and their employees shall not snake or commit any improper nolao in the building, ar in any way interfere with or ethos other tenants or Chase having basinece with them_ 16. All tenants must observe strict care not to allow their windows to remain open so as to admit rale or now, or so as to interfere with the heating of the building. The tenants neglecting this rale will be responsible for any injury caused to the property of other tenants or to the property of the Lessor by such carelessness_ The Lessee, when closing offices for busencse. day or evening, shell close all windows and lock all doors. 11. The Lessee agrees not to place any additions.1 leeks upon any doors of the demised premises and not to permit any duplicate keys to be made therefor: but to One only additional keys obtained from the Lessor, at the expensa of the Leaser. and to surrender to Lessor on the termination of the ►case ell keys of the said premises. 15. The Lessee shall give to the Lessor prompt written notice of any accident or any defect in the water pipes, gas pipes, heating apparatus, telephone or electric light, or other wires in any part of said budding. 19, No inflammable ails or other inflammable, dangcrenS or explosive materials shall be kept or permitted to be kept in the demised premise. 20. The caretaker will have.charge of all radiators end will give all information for the munaaemeut of the same, and the Lessee shall give to the Lessor prompt written notice of tiny accident to or defects in the water pipet or heating apparatus. 21. No biayetex or other vehicles shalt be brought within the building or upon the Lessor's property• including any lane or courtyard. Z2. PTothing than be Placed on the outeldc of windows or profections of the demigod promisee, No air-conditioning eeuipreent shall be placed at, the -windows of the d,sniged promisee without the consent in writing of the Leeenr. 21. Spikes. hooiat nils. screws or knobs shall not be put Into the wails Or woodwork_ 24. No freight, furniture or Fraetmgcs will be received in the building or carried up or down in the elevator between the hours of 8a.m. andapan. 24. A11 glass, locks and trimmings in or anon the doors or 'windows of the demised premises shall be kept whole and whenever any part thereof shall beeorae broken, the same shall be immediately replaced or repaired under the direction and to the satisfaction of the Lessor, and such replacements and repairs shall he paid for by the Lessee. 25. No heavy equipment of any kind shall be moved within the building without skids being placed under the same. and without the conaert of the Lessor In writing. 27_ Any alterations, additions, renewals or ehangre made in the partitions or divisions of the rooms or linoleum noon' during the currency of this leave shall, if made at the request of the Lessee, be done by the Lessor at the expense of the Lessee. and shall be sublet to the approval lb writing and direction of the Lessor. 88. The Lessor shall not be liable for any damage to any property at any time on the demised premises, nor for the theft of any of the said property. nor shall it be liable for nn escape or leakage of *molts, mean, water, rain or snow. howsoever calmed, nor for any accident to the property of the Lessee. 29. Any person entering upon the roof of the building does en at his own risk. CD. The Lamm shall net enter into ally Contract with any person or persons or corporations for the purpree of supplying towels, soap or sanitary supplies, etc., ice or spring water, unfree the said person or persons or eorporatlopn agree that the time and place of delivery of finch article% and the elevator service to be used in 'connection therewith shall be Object to nuch rules and regeletiens as the Lessor may from time to time preeribe. 81. Tenants, their agents and employees shall not take food into the elevator or Into public or rented portions of the building unless such food is carried in covered receptacles unproved by the Lessor in writing 82. The Lessor reaervee the right to reetrici the use of the demised promises to the Lessee and/or its employees after a p.m. 33. Pio tenant shall make a door-to-door canvass of the building for the purpose of selling any products or services to the other tenants without the written Consent of the Lessor. Si. No tenant Shan be permitted to do cooking or to operate cooking apparatus except In a portion of the blending rented for the purpose. 20. The Lessor shall have the right to make such other and further reaconable rules and regulations and to alter, amend or cancel u11 mien and r,g i,ilatione as in its judgment may from time to time he needed for the safety, care and cleanliness of thebuilding and for the pre_acrvatign of good order therein and the same shall be kept and observed by the tenants, their clerks and servants, The T,,essor may from time tar time waive any of such rales and regulations as applied to particular tenants anti is not liable to the Lessee for breaches thereof by other tenants. AFFIDAVIT OF SUBSCRIBING WITNESS I, of the in the make oath and say: *Sea footnote I am a subscribing witness to the attached instrument and Iwas present and saw it executed at by •see footnote I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the this day of 19 A COMMIT. ON ER FOR YAKii'O AFFIDAVITS.O . *Where a party iA unebte to rod the ins(rumrnt or where a party sigma Ly rtKiltialp'hii Mark or it: fora(ptlcharacerri add 'after irutr.mattt had been read to hien and h. appeared fatty to understand it", Where executed under a timer of attorney insert "(name of attorney) ei attorney for frame of party)"; and for next citrAle substitute "f oeraa t aei6 that the pere0n whew, Moneta-re I teitsraeed wag anther/fact!to *a;aeuta rhe iau6raine»L a.(Woman for Moto)" AFFIDAVIT AS TO ACE AND SPOUSAL STATUS I / WE of the in the I[atcoraey (severally) make oath and say: When I / WE executed the attached instrument, •see footnote I WAS / WE WERE EACH at least eighteen years old; and within the meaning of clause X{f) of the Fa'rnily Law Ref Grin Act, (a) I WAS / I WAS NOT a spouse, Strike out inappfl ble (b) was my spouse. clauses. (c) We were spouses of one another. ..Nota matrimonial home.etc., see footnote, Ree dent of Canada,eta. (SEVERALLY) SWORN before me at the this day of 19 A tOMuiesioHtf FOR TAKING AFFIDAVITS,gra, *Note:Whcrr, altidavit is made by ars attorney. the attarnau *halt dermas, fa) that the party wee atWilt oi.ohtean seam of age at the time of e tecation of the Pourer of Oteornev: (5) as to the part7t'e uLetyt.as a ayoelft at the Mae of cm-titian of the instrument;and (e) that the rower of attorney da in fia force sant offset end hoe not been revoked- .*Not,Sea sheers 42(,L) (5) (o) and(d) of the retinal,.Law Ref..at.Act.If gpouaa doer not ioin in or eoneant,cithor insert onptenatiAn or aora.