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Title: |
Lease Agreement |
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Entities: |
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Date: |
2006 |
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Size: |
Preview shows 44KB of 140KB total |
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Price: |
$65 |
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ID: |
#1263428 |
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PLAZA WEST
SUMMERLIN
LAS VEGAS, NEVADA
LEASE AGREEMENT
between
HOWARD HUGHES PROPERTIES,
LIMITED PARTNERSHIP
and
CARDIOVASCULAR BIOTHERAPEUTICS, INC.
Dated November 1, 2005
Page 1
LEASE AGREEMENT
TABLE OF CONTENTS
| PAGE | ||||
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ARTICLE 1 DEFINITIONS |
5 | |||
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ARTICLE 2 LEASE GRANT |
8 | |||
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ARTICLE 3 LEASE TERM |
8 | |||
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3.1 |
DELIVERY OF POSSESSION | 8 | ||
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3.2 |
SUBSTANTIAL COMPLETION OF PREMISES | 9 | ||
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3.3 |
LANDLORD DELAYS | 9 | ||
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ARTICLE 4 USE OF PREMISES AND COMMON AREAS |
9 | |||
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4.1 |
PREMISES | 9 | ||
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4.2 |
COMMON AREAS OF BUILDING | 9 | ||
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4 3 |
LANDLORDS RIGHTS IN COMMON AREAS | 9 | ||
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ARTICLE 5 BASE RENT AND ADDITIONAL RENT |
10 | |||
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5.1 |
BASE RENT | 10 | ||
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5.2 |
INTENTIONALLY OMITTED | 10 | ||
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5.3 |
ADDITIONAL RENT | 10 | ||
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5.4 |
INTEREST ON LATE PAYMENTS | 10 | ||
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ARTICLE 6 BASE RENT ADJUSTMENT |
10 | |||
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ARTICLE 7 SERVICES TO BE FURNISHED BY LANDLORD |
11 | |||
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ARTICLE 8 IMPROVEMENTS TO BE MADE BY LANDLORD |
12 | |||
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ARTICLE 9 MAINTENANCE AND REPAIR OF PREMISES BY LANDLORD |
12 | |||
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ARTICLE 10 GRAPHICS |
12 | |||
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ARTICLE 11 CARE OF THE PREMISES BY TENANT |
12 | |||
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ARTICLE 12 REPAIRS AND ALTERATIONS BY TENANT |
12 | |||
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ARTICLE 13 USE OF ELECTRICAL SERVICES BY TENANT |
13 | |||
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ARTICLE 14 LAWS AND REGULATIONS |
13 | |||
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14.1 |
GENERAL | 13 | ||
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14.2 |
HAZARDOUS MATERIALS | 13 | ||
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14.3 |
CERTAIN INSURANCE RISKS | 14 | ||
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ARTICLE 15 BUILDING RULES |
14 | |||
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ARTICLE 16 ENTRY BY LANDLORD |
14 | |||
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ARTICLE 17 ASSIGNMENT AND SUBLETTING |
14 | |||
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ARTICLE 18 LIENS |
15 | |||
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ARTICLE 19 INSURANCE |
15 | |||
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19.1 |
PROPERTY INSURANCE | 15 | ||
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19.2 |
LIABILITY INSURANCE | 15 | ||
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19.3 |
REQUIREMENTS FOR INSURANCE POLICIES | 16 | ||
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19.4 |
WAIVER OF SUBROGATION RIGHTS | 16 | ||
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ARTICLE 20 INDEMNITY |
16 | |||
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ARTICLE 21 PROPERTY DAMAGE |
16 | |||
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ARTICLE 22 CONDEMNATION |
17 | |||
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ARTICLE 23 DAMAGES FROM CERTAIN CAUSES |
17 | |||
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ARTICLE 24 EVENTS OF DEFAULT |
17 | |||
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ARTICLE 25 LANDLORDS REMEDIES |
18 | |||
Page 2
| PAGE | ||||
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ARTICLE 26 LANDLORDS DEFAULT |
18 | |||
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ARTICLE 27 PEACEFUL ENJOYMENT |
19 | |||
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ARTICLE 28 HOLDING OVER |
19 | |||
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ARTICLE 29 SUBORDINATION TO MORTGAGE |
19 | |||
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ARTICLE 30 LANDLORDS LIEN |
20 | |||
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ARTICLE 31 ATTORNEYS FEES |
20 | |||
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ARTICLE 32 NO IMPLIED WAIVER |
20 | |||
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ARTICLE 33 PERSONAL LIABILITY |
20 | |||
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ARTICLE 34 SECURITY DEPOSIT |
20 | |||
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ARTICLE 35 NOTICE |
21 | |||
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ARTICLE 36 SEVERABILITY |
21 | |||
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ARTICLE 37 RECORDATION |
21 | |||
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ARTICLE 38 GOVERNING LAW |
21 | |||
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ARTICLE 39 FORCE MAJEURE |
21 | |||
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ARTICLE 40 TIME OF PERFORMANCE |
21 | |||
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ARTICLE 41 TRANSFERS BY LANDLORD |
21 | |||
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ARTICLE 42 COMMISSIONS |
22 | |||
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ARTICLE 43 EFFECT OF DELIVERY OF THIS LEASE |
22 | |||
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ARTICLE 44 CORPORATE AUTHORITY; PARTNERSHIP AUTHORITY |
22 | |||
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ARTICLE 45 JOINT AND SEVERAL LIABILITY |
22 | |||
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ARTICLE 46 INTERPRETATION |
22 | |||
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ARTICLE 47 INCORPORATION OF PRIOR AGREEMENTS; MODIFICATIONS |
22 | |||
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ARTICLE 48 WAIVER OF JURY TRIAL |
22 | |||
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ARTICLE 49 NO MERGER |
22 | |||
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ARTICLE 50 COUNTERPARTS |
23 | |||
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ARTICLE 51 EXHIBITS |
23 | |||
Page 3
LIST OF EXHIBITS
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Exhibit |
Description |
Principal Reference In Section/Article |
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A |
Legal Description | 1.4 | |||
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B |
Floor Plan of the Premises | 1.15 | |||
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C |
Parking Agreement | 4.2 | (ii) | ||
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D |
Work Letter | 8 | |||
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E |
Rules and Regulations | 15 | |||
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F |
Option to Renew Lease | 1.12 | |||
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G |
Right of First Offer to Lease | 1.15 | |||
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H |
Commencement Memorandum | 1.22 | |||
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I |
Estoppel Certificate | 29 | |||
Page 4
PLAZA WEST
LEASE AGREEMENT
THIS LEASE AGREEMENT (the Lease), is made and entered into as of the 1st day of November, 2005, between HOWARD HUGHES PROPERTIES, LIMITED PARTNERSHIP, a Delaware limited partnership (Landlord), and CARDIOVASCULAR BIOTHERAPEUTICS, INC, a Delaware corporation (Tenant).
W I T N E S S E T H:
ARTICLE 1
DEFINITIONS
1.1 Intentionally omitted.
1.2 Allowance shall mean an amount equal to Ten and 00/100 Dollars ($10.00) per square foot of Usable Area in the Premises. The Premises are stipulated for all purposes to contain six thousand three hundred twenty-five (6,325) square feet of Usable Area.
1.3 Base Rent shall be determined as follows:
(i) During months one (1) through twelve (12) of the Lease Term, the Base Rent shall be Twenty-Eight and 20/100 Dollars ($2850) per year for each square foot of Rentable Area of the Premises, which is equal to Two Hundred Two Thousand Seven Hundred Fifty-Eight and 00/100 Dollars ($202,758.00) per annum.
(ii) During months thirteen (13) through twenty-four (24) of the Lease Term, the Base Rent shall Twenty-Nine and 05/100 Dollars ($29.05) per year for each square foot of Rentable Area of the Premises, which is equal to Two Hundred Eight Thousand Eight Hundred Sixty-Nine and 50/100 Dollars ($208,869.50) per annum.
(iii) During months twenty-five (25) through thirty-six (36) of the Lease Term, the Base Rent shall be Twenty-Nine and 92/100 Dollars ($29.92) per year for each square foot of Rentable Area of the Premises, which is equal to Two Hundred Fifteen Thousand One Hundred Twenty-Four and 80/100 Dollars ($215,124.80) per annum.
(iv) During months thirty-seven (37) through forty-eight (48) of the Lease Term, the Base Rent shall be Thirty and 82/100 Dollars ($30.82) per year for each square foot of Rentable Area of the Premises, which is equal to Two Hundred Twenty-One Thousand Five Hundred Ninety-Five and 80/100 Dollars ($221,595.80) per annum.
(v) During months forty-nine (49) through sixty (60) of the Lease Term, the Base Rent shall be Thirty-One and 74/100 Dollars ($31.74) per year for each square foot of Rentable Area of the Premises, which is equal to Two Hundred Twenty-Eight Thousand Two Hundred Ten and 60/100 Dollars ($228,210.60) per annum.
The Base Rent due for the first full calendar month during the Lease Term has been paid to Landlord by Tenant contemporaneously with Tenants execution hereof.
1.4 Building shall mean (a) the parcel of real property described in Exhibit A attached hereto and incorporated herein, (b) the office building and parking structure built or to be built on such parcel of real property, and (c) any and all other improvements thereon and appurtenances thereto. The street address of the Building is 1635 Village Center Circle, Las Vegas, Nevada, 89134; such street address may be modified by Landlord from time to time during the Lease Term.
1.5 Building Core shall mean the area within the outermost finish face of that portion of the Building that incorporates those areas that provide service to the tenants of that floor and to the Building. These areas of service include: restroom facilities for men and women along with the vestibule and access, electrical, mechanical, and telephone rooms, janitor closets, elevators and service elevators along with lobby and stairs, vestibules, and all vertical floor penetrations for mechanical/electrical/plumbing for the Building.
1.6 Building Shell shall mean the condition of the Building completed with the following improvements: (a) outside walls (not including drywall), core walls, and elevator lobby areas completed to building standard condition for public areas; (b) unfinished concrete floors throughout the Premises,
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