- The agreed rent is the greater of (i) $8,000 or (ii) 12% of sales. Brookfield has agreed to supply a separate contract stating the details of how the percent of sales will be reported. Appear Here will be considering Rhone's rent as the minimum $8,000 a month, Brookfield will be holding Rhone accountable for anything exceeding that.
- Brookfield will be providing nightly storage for Rhone's kiosk and merchandise.
Building Rules and Regulations
1. The sidewalks, driveways, entrances, passages, courts, lobbies, esplanade areas, plazas, elevators, escalators, stairways, vestibules, corridors, halls and other public portions of the Building (the “Public Areas”) shall not be obstructed or encumbered by any tenant or used for any purpose other than ingress and egress to and from its premises, and no tenant shall permit any of its employees, agents, Tenants or invitees to congregate or loiter in any of the Public Areas or on the front, roof or any part of the Building or the project in which the Building is located (the “Project”) used in common by other occupants of the Building or the Project. No tenant shall invite to, or permit to visit, its premises persons in such numbers or under such conditions as may interfere with the use and enjoyment by others of the Public Areas. The Public Areas shall not be used by any tenant, or the employees, agents, Tenants or invitees of any tenant, for solicitations, distributions of handbills or other advertising matter. Fire corridors, exits and stairways are for emergency use only, and they shall not be used for any other purposes by any tenant, or the employees, agents, Tenants or invitees of any tenant; in the event Tenant obstructs any such fire corridors, exits or stairways, Tenant shall be liable for the payment of all fines and charges assessed against Landlord by reason of such obstruction. No doormat of any kind whatsoever shall be placed or left in any public hall or outside any entry door of the Premises. Tenant shall not place objects against glass partitions or doors or windows which would be unsightly from the passageways or corridors, or from the exterior of the Building, and will promptly remove the same upon notice from Landlord.
2. No awnings or other projections shall be attached to the exterior side of any walls of the Premises, and no curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with any window or door of the Premises without the prior written consent of Landlord. Such curtains, blinds, shades or screens must be of a quality, type, design and color, and attached in the manner, prescribed by the design criteria for tenant alterations in the Building and approved by Landlord. Each tenant shall (a) in areas where lighting is visible from the outside of its Premises, use only lighting which has been previously approved by Landlord, and (b) in window areas, use only blinds which have previously been approved by Landlord, all as more particularly described in the Design Criteria.
3. Tenant agrees that all receiving and delivery of goods and merchandise and all removal of merchandise, supplies, equipment, garbage, trash, rubbish and refuse shall be made only by way of the areas provided therefor by Landlord and in accordance with procedures and at the hours specified, from time to time, by Landlord. Garbage, trash, rubbish and refuse shall be kept in a sanitary and adequate closed container so as not to be visible to the public.
4. Neither the sashes, sash doors, skylights or windows that reflect or admit light and air into the halls, passageways or other public areas in the Building nor the heating, ventilating and air conditioning vents and doors shall be covered or obstructed by any tenant, nor shall any bottles, parcels or other articles be placed on the window sills or on the peripheral heating enclosures. Whenever the heating, ventilating or air conditioning systems are in operation, Tenant agrees to draw the shades, blinds or other window coverings, as reasonably required because of the position of the sun. Tenant shall have no right to remove or change shades, blinds or other window coverings within the Premises without Landlord’s written consent.
5. No showcases or other articles shall be put by Tenant in front of or affixed to any part of the exterior of the Building, nor placed in the Public Areas.
6. No acids, vapors or other harmful materials shall be discharged, or permitted to be discharged, into the water lines, vents or flues of the Building or the Project. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed and constructed, and no sweepings, rubbish, rags, acids or other foreign substances shall be thrown or deposited therein. Nothing shall be swept or thrown into the Public Areas or other areas of the Building or the Project, or into or upon any heating or ventilating vents or registers or plumbing apparatus in the Building or the Project, or upon adjoining buildings or land or the street. The cost of repairing any damage resulting from any misuse of such fixtures, vents, registers and apparatus and the cost of repairing any damage to the Building or the Project caused by any tenant, or the employees, agents, concessionaires, Tenants, customers or invitees of such tenant, shall be paid by such tenant.
7. No tenant shall mark, paint, drill into, or in any way deface, any part of its Premises or the Building or the Project. No boring, cutting or stringing of wires shall be permitted, except with the prior written consent of, and as directed by, Landlord. No telephone, telegraph or other wires or instruments shall be introduced into the Building by any tenant except in a manner approved by Landlord.
8. No bicycles, vehicles, animals (except seeing eye dogs), fish or birds of any kind shall be brought into, or kept in or about, the Premises.
9. No noise, including, but not limited to, music, the playing of musical instruments, recordings, radio or television, which, in the judgment of Landlord, might disturb other tenants in the Building, shall be made or permitted by any tenant. Nothing shall be done or permitted by any tenant which would impair or interfere with the use or enjoyment by any other tenant of any other space in the Building or the Project.
10. Nothing shall be done or permitted in the Premises, and nothing shall be brought into, or kept in or about the Premises, which would impair or interfere with any of the Building equipment or the services of the Building or the proper and economic heating, cleaning or other services of the Building or the Premises, nor shall there be installed by any tenant any ventilating, air conditioning, electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment or interference. No tenant, nor the employees, agents, concessionaires, Tenants, customers or invitees of any tenant, shall at any time bring or keep upon its Premises any inflammable, combustible or explosive fluid, chemical or substance.
11. No additional locks or bolts of any kind shall be installed upon any of the doors or windows by any tenant, nor shall any changes be made in locks or the mechanism thereof without Landlord’s prior written approval. Each tenant shall, upon the expiration or sooner termination of the Lease of which these Rules and Regulations are a part, turn over to Landlord all keys to stores, offices and toilet rooms.
12. All removals, or the carrying in or out of any safes, freight, furniture, packages, boxes, crates or any other object or matter of any description if made by hand trucks, shall be only by hand trucks equipped with rubber tires, side guards and other safeguards that Landlord may require, and all such activity shall take place only during such hours and in such elevators as Landlord may from time to time determine, which may involve overtime work for Landlord’s employees. Tenant shall reimburse Landlord for extra costs incurred by Landlord including but not limited to the cost of such overtime work. Landlord reserves the right to inspect all objects and matter to be brought into the Building and to exclude from the Building all objects and matter which violate any of these Rules and Regulations or the Lease of which these Rules and Regulations are a part. Landlord shall in no way be liable to any tenant for damages or loss arising from the admission, exclusion or ejection of any person to or from the Premises or the Building under the provisions of this Rule 12.
13. Landlord shall have the right to prohibit any advertising or identifying sign by any tenant which, in the judgment of Landlord, tends to impair the appearance or reputation of the Building or the desirability of the Building as a mixed-use building, and upon written notice from Landlord, such tenant shall refrain from and discontinue such advertising or identifying sign.
14. All entrance doors in its Premises shall be kept locked by each tenant when its Premises are not in use and Landlord shall not be liable to any tenant for damage or loss within such tenant’s Premises, whether such doors are locked or unlocked. Additional locks or bolts of any kind which shall not be operable by the Grand Master Key for the retail areas of the Building shall not be placed upon any of the doors or windows of a tenant’s premises by any tenant, nor shall any changes be made in locks or the mechanism thereof which shall make such locks inoperable by said Grand Master Key. Additional keys for a tenant’s premises and toilet rooms shall be procured only from Landlord who may make a reasonable charge therefor. Each tenant shall, upon the termination of its tenancy, turn over to Landlord all keys of stores, offices and toilet rooms, either furnished to, or otherwise procured by, such tenant, and in the event of the loss of any keys furnished by Landlord at Landlord’s cost, such tenant shall pay to Landlord the cost thereof.
15. The Premises shall not be used for lodging or sleeping or for any immoral or illegal purpose.
16. The requirements of tenants will be attended to only upon application at Landlord’s office in the Project. Employees of Landlord shall not perform any work or do anything outside of their regular duties, unless under instructions from Landlord.
17. Other than retail selling within a tenant’s Premises, canvassing, soliciting and peddling in the Building are prohibited and each tenant shall cooperate to prevent the same.
18. No tenant shall cause or permit any odors of cooking or other processes, or any unusual or objectionable odors, to emanate from its Premises which would annoy other tenants or create a public or private nuisance. No cooking shall be done in its Premises except as is expressly permitted in the Lease of which these Rules and Regulations are a part.
19. All paneling, doors, trim or other wood products not considered furniture shall be of materials as required by the Fire Safety Plan appended to the Design Criteria for tenant alterations in the Building.
20. Tenant shall not operate any coin or token operated vending machine or similar device for the sale of any goods, wares, merchandise, food, beverages, or services, including but not limited to, pay telephones, pay lockers, pay toilets, scales, amusement devices and machines for the sale of beverages, foods, candy, cigarettes or other commodities, without the prior written consent of Landlord.
21. Landlord reserves the right to rescind, alter, waive or add, as to one or more or all tenants, any rule or regulation at any time prescribed for the Building when, in the judgment of Landlord, Landlord or any Superior Lessor deems it necessary or desirable for the reputation, safety, character, security, care, appearance or interests of the Building or the Project, or the preservation of good order therein, or the operation or maintenance of the Building or the Project, or the equipment thereof, or the comfort of tenants or others in the Building or the Project. No rescission, alteration, waiver or addition of any rule or regulation in respect of one tenant shall operate as a rescission, alteration or waiver in respect of any other tenant.
22. Tenant shall at all times maintain the heating and air conditioning equipment in the Premises at temperatures consistent with the temperatures in the lobbies and in a manner which will not cause any measurable decrease in the temperature of the lobbies while the lobbies are being heated or any measurable increase in the temperature of the lobbies while the lobbies are being cooled; and Landlord shall have the right to inspect the Premises to determine the effective temperature and to install, maintain and read, at Landlord’s cost, any devices appropriate for ascertaining the effective temperature and to test the system, at Landlord’s cost, to determine whether the effective temperature, the heating and air conditioning systems or their operation are in compliance with the requirements of the Lease and the criteria provided under all documents incorporated therein by reference. If any such inspection shall disclose that the effective temperature and Tenant’s heating and air conditioning systems or operation shall not be in compliance with the Lease, Landlord shall have the right, in addition to any other rights or remedies provided in the Lease, to require Tenant to pay the reasonable costs of such inspection and, at Tenant’s own cost, to promptly take such corrective action as may be necessary to bring them into compliance herewith. Tenant shall use no other method of heating or cooling, other than that supplied and/or approved by Landlord. For purposes hereof, the term “EMI” shall mean electromagnetic interference, and the term “Excessive EMI” shall mean EMI at a level exceeding thirty (30) milligaus. Tenant, at Tenant’s sole cost and expense, promptly following its receipt of notice from Landlord to the effect that the installation or manner of operation of any equipment by Tenant is causing Excessive EMI in any portion of the Building other than the Premises, shall take steps to bring such Excessive EMI below thirty (30) milligaus in a manner that is appropriate, as reasonably determined by Landlord. Tenant shall not install any equipment or operate any equipment in a manner which would result in the electrical voltage and current distortion at the service switchboards of any floor of the Building failing to be within the limits stated in IEEE 519.
23. All mechanical equipment and machinery will be kept free of noise and vibrations which may be transmitted to any part of the walls or building of which the Premises forms a part or beyond the confines of the Premises.
24. Tenant shall install and maintain fire extinguishers of the type and capacity and in such locations as may be required by law, and in the absence of any such Legal Requirement, Tenant shall install and maintain at a readily available location within the Premises the type of fire extinguisher specified by all applicable fire and building codes.
25. Tenant shall not install, suffer or permit to be installed or placed any cover, facade, partition, decoration, alteration or improvement or the like over, upon or under the sprinkler heads within the Premises, such sprinkler heads to remain exposed at all times.
26. Subject to Landlord’s prior written approval, Tenant may install a security system within its Premises, such system to be linked to the local Police Department or other agency as approved by Landlord.
27. Except as otherwise agreed to in writing by Landlord, Tenant shall not use or permit the use of the Premises for the sale, lease, license or other delivery of electronic commerce services to any tenants or occupants of the Building, including but not limited to, hardware and software services that allow users to conduct business-to-business or business-to-consumer services over networks utilizing, by way of example, e-mail, electronic data interchange, data archiving, e-forms, electronic file transfer, facsimile transfer or similar services or any other services not expressly permitted under the Lease.