..........dollars in each year and that at the end of each week an accounting and settlement shall be made and if the sales of said Department shall be more than.........dollars for said week, the Main Store shall have the right to deduct the difference due it under this agreement from the sales.
10. The Department further agrees that it will allow a discount of......(..%) per cent to all employees of said store and such other customers who are entitled to discount under the regular rules of the Main Store.
11. The Department agrees that in the use of its fixtures and in the display and arrangement of its merchandise, it will at all times submit to the dictation and direction of the Main Store with respect to all matters of taste and style and manner of arranging the merchandise in its Department.
12. The Department shall not employ any person in the Department herein leased, who is objectionable to the Main Store and upon notice from the Main Store, the Department agrees to remove promptly any such objectionable parties from the premises.
13. The Main Store shall have the right to make any and all such changes in the premises or Department whenever the Main Store shall deem necessary.
14. The Department agrees that it will furnish a competent manager to be present at all times during business hours of the Main Store, who shall devote his entire time and attention for the purpose of promoting and furthering the business of the department which is herein leased to the Department.
The keys of said store shall be at all times in the possession of the Main Store.
15. The Main Store shall not be liable for damage of any kind or nature to the Department or any person employed about said Department by the Department or to its officers, agents or customers, and the Department agrees to carry at its own expense, liability and fire insurance for said premises.
16. In case said Department shall fail to carry out any of the terms of this lease or agreement on its part to be kept and performed, or for any reason be unable to properly conduct its business, said Main Store may terminate this lease and all rights of said Department to occupy or use any of the premises aforesaid shall thereupon end and determine, and said Department and all persons claiming title under it, shall at once quietly and peaceably vacate said premises; but said termination of said lease shall not in any way prevent or interfere with said Main Store from recovering from said Department any rent or other payments due under any of the provisions hereof or any damages theretofore accrued for any breach of any of the terms of this agreement by said Department.
17. In the event proceedings in bankruptcy are commenced against either of the parties, or either is adjudicated a bankrupt, or a receiver of either is appointed and qualifies, then in such event, either of the parties as the case may be, may terminate this agreement and all further rights and obligations thereunder; by three days' notice in writing to the other, in which event, upon the expiration of said three days from the mailing of said notice, this lease shall terminate, expire and come to an end.
18. The Main Store agrees to furnish to the Department, from time to time, at the discretion of the Main Store, space in its show window for display purposes of the merchandise of the Department. Said space shall be subject to directions of the Main Store.
19. The Department agrees to pay to the Main Store, on the execution of this agreement..........dollars to be applied by the Main Store towards the payment of the last month's rental of this agreement, receipt of which is hereby acknowl-' edged.
20. This agreement shall be binding upon the heirs, executors successors and assigns of the parties.
Option for renewal of lease
Williston, Sections 44, 53, 61, 140, 415, 620, 873, 1405, 1431,
1441,1940; Probst v. Rochester Steam Laundry, 171 N. Y. 584, 64 N. E. 504;
Giordano v. Zap, 115 Misc. 619, 189 N. Y. Supp. 88; Moran v. Wellington, 101 Misc. 594, 167 N. Y. Supp. 465.
The Tenant is hereby granted an option of a lease upon the demised premises for an additional term of........years at the expiration of the term of this lease at the rental of $........
per......to contain covenants and agreements the same as this lease except as to the amount of rent and the term, provided that the Tenant shall give the Landlord........days' written notice previous to the expiration of this lease of his intention to exercise this option.
Guaranty of Lease
Williston, Sections 11, 62, 69, 97,113,142,157,413,452-455, 457, 459-463, 465, 467, 468, 470-477, 482, 576, 625, 888, 1237,1251,1253,1945, 1991;
Lindenberg v. Howland, 187 N. Y. Supp. 917.
Evansville National Bank v. Kaufman, 93 N. Y. 273;
Stillman v. Northrup, 109 N. Y. 473, 17 N. E. 379.
In consideration of the letting of the demised premises within mentioned to the tenant and other valuable considerations, I hereby covenant and agree to and with the Landlord and his legal representatives, that if any default shall be made by the Tenant in the payment of the rent or in the performance of any of the covenants, conditions and agreements contained in the within lease on the Tenant's part, that I will pay the said rent or any arrears thereof, and also any and all damages which may arise in consequence of the nonperformance of said covenants conditions and agreements or any of them without requiring any notice of any such default from said Landlord.
Guaranty of Lease.
Whereas, ..............., a corporation of the State of
New York (hereinafter called the "Guarantor"), requires for its corporate business the control of the premises described in the lease hereto annexed, bearing even date herewith, made between...............as Landlord (hereinafter called the
"Landlord"), and...............as Tenant, which control the Guarantor can secure without requiring an immediate outlay of its own funds if said lease be made to said Tenant, who has agreed, in the event of obtaining such lease, to let to the Guarantor space in said premises for the purpose of its corporate business and not to permit any other portion of the premises described in said lease to be occupied for any similar purpose; and
Whereas, the Landlord has refused to grant said lease to said Tenant unless this agreement of guaranty is made simultaneously therewith;
Now, therefore, the Guarantor, for and in consideration of the sum of One Dollar to it in hand paid by the Landlord, and in order to secure the control of the said premises as aforesaid, and in order to induce the Landlord to make and grant said lease, does hereby guarantee unto the Landlord and to its successors and assigns the full and faithful performance of all the terms, conditions, covenants and provisions of said lease on the part of said Tenant therein, to be performed and the full and prompt payment of all moneys that may grow due thereunder to the Landlord or to its successors or assigns. The Guarantor hereby expressly waives any and all notice of any default whatsoever in any of said terms, conditions, covenants, provisions or payments. The Guarantor hereby expressly agrees that no future waiver by the Landlord of any right under said lease or future consent given by the Landlord or future agreement modifying said lease or any of its terms, conditions, covenants or provisions shall in any manner operate to release or lessen the liability of the Guarantor hereunder.