Sample Business Contracts

Vermont-Jericho-Jericho East Complex Lease - Glenn H. Martin and Elouise A. Martin and New England Wireless Inc.

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                               LEASE AGREEMENT

      THIS AGREEMENT, made as of this 7th day of January, 1992, by and 
between GLENN H. MARTIN and ELOUISE A. MARTIN, of Jericho, in the County of 
Chittenden and State of Vermont (hereinafter called "Landlord") and NEW 
ENGLAND WIRELESS INC., a Vermont Corporation with a principal place of 
business at 56 Green Street, Bellows Falls, Vermont, 05101 (hereinafter 
called "Tenant").

      1.  Description of Premises.  The Landlord hereby leases to the Tenant 
two buildings in the Jericho East Complex, one of a approximately Four 
Hundred Forty square feet and the other of approximately Fourteen Hundred 
square feet and a parcel of land approximately 100 feet by 100 feet all as 
more particularly shown on Schedule A attached hereto and incorporated 

      2.  Commencement and Term.  The term of this Lease shall commence on 
the 1st day of February, 1992 and shall expire on the 31st day of January, 
1997.  The tenant shall have the right to renew this lease for three 
additional Five year terms upon the same terms and conditions except that 
the rental amount shall continue to be adjusted annually from the previous 
rental amount pursuant to Paragraph 3B.  Lessee shall notify Lessor in 
writing of such renewal prior to the expiration of the Lease term.

      3.  Rental Payments. (A) Tenant agrees to pay rent at the annual rate 
of Nineteen Thousand Two Hundred Dollars per annum.  Said amount shall be 
adjusted annually as set forth below.  Tenants shall pay said minimum rent 
in equal monthly installments of Sixteen Hundred Dollars per month in lawful 
money of the United State in advance, on the first of each calendar month 
during the term of the Lease.

      (B)  At the beginning of the second Lease Year and at the beginning of 
each Lease Year thereafter, Tenant's minimum rent shall be adjusted based 
upon changes in the cost of living, as those changes are reflected in the 
Consumer Price Index for all Urban Consumers for the United States Average 
(1982-1984=100) ("C.P.I.") published by the Bureau of Labor Statistics 
("BLS") of the United States Department of Labor.  At the commencement of 
each Lease Year beginning with the second Lease Year, the rent shall be 
increased as follows:

      Multiply the annual minimum rent for the immediately preceding
      Lease Year by a fraction, the numerator of which is the C.P.I.
      for the month published last prior to the commencement of the
      new Lease Year, and the denominator of which is the C.P.I. for
      the month one year prior to the month used to determine the
      numerator.  The product shall be the annual rent for the new
      Lease Year.

Under no circumstances shall the foregoing adjustments result in a decrease 
in the minimum rent.  If the C.P.I. decreases from one Lease Year to the 
next at any time during the term of this Lease, the minimum rent shall 
remain the same as the minimum rent for the prior year.  If the BLS changes 
the base reference period for the C.P.I. from 1982-1984=100, the cost of 
living adjustment shall be determined with the use of such conversion 
formula or table as may be published by the BLS.  If the BLS otherwise 
substantially revises, or ceases publication of, the C.P.I. then a 
substitute index for determining cost of living adjustments, issued by the 
BLS or by a reliable governmental or other nonpartisan publication, shall be 
reasonably designed by Landlord.

The annual rental for the first year of any Lease renewal shall be the 
rental amount for the previous year as adjusted by the C.P.I. as provided in 
this Paragraph and the rental amount for the subsequent years of any Lease 
renewal shall be computed in the same manner as provided in this Paragraph.

      4.  Security Deposit.  Tenant shall deposit with the Landlord at the 
time of execution of this Lease the sum of One Thousand Six Hundred Dollars 
as a security deposit to insure compliance with all of the terms and 
conditions as herein provided.  This deposit shall not bear interest.

      5.  Net Lease.  This is a net lease and the Landlord shall not be 
required to provide any services or do any action in connection with the 
demised premises except as specifically provided herein, and the rent 
reserved hereunder shall be paid the Landlord without any claims on the part 
of the tenant for diminution or abatement.

      6.  Use of the Premises.  Tenant shall use the demised premises for 
the conduct of its principal business.  Any change of use must be approved 
by the Landlord in writing.

      7.  Parking Area and Easements.  The Tenant shall have reasonable use 
the parking area as shown on Schedule A attached hereto.  The overnight 
parking of up to twelve service type vehicles or automobiles will be 

      8.  Maintenance and Repair.  The Tenant shall, during the term of this 
Lease, at its sole expense, keep the interior of Leased premises in as good 
order and repair as they are at the commencement of this Lease, reasonable 
wear and tear excepted.  Lessor shall be responsible for all structural 
repairs provided said repairs are not caused by the negligence or fault of 
the Lessee.  Landlord shall be responsible for snow removal, trash removal 
and the up keep of the lawns surrounding the leased premises.

      9.  Utilities and Services.  The Tenants specifically agrees to pay 
for all charges for gas, electricity, water, light, heat, power and/or other 
services used or charges imposed and the Landlord shall not be required to 
furnish any services or facilities to the premises except for rubbish 

      10.  Taxes.  The Landlord shall pay all Real Estate Taxes on the 
Leased premises.  The Tenant shall pay all taxes and assessments upon the 
personal property and satellite dish to be erected.

      11.  Compliance with Laws.  The Tenant, at its sole expense, shall 
comply with all laws, orders and regulations of federal, state and municipal 
authorities, and with any direction of any public officer, pursuant to law, 
which shall impose any duty upon the Landlord or the Tenant with respect to 
the leased premises.  The Tenant, at its sole expense, shall obtain all 
licenses or permits which may be required for the conduct of its business 
within the terms of this Lease, or for the making of repairs, alterations, 
improvements or additions, and the Landlord, where necessary, will join the 
Tenant in applying for all such permits or licenses.

      12.  Condition of Premises.  At the expiration of the Lease term, the 
Tenant shall surrender the leased property in as good condition as it was in 
at the beginning of the term, reasonable use and wear and damages by the 
elements excepted.

      13.  Alterations and Improvements.  No alteration, addition or 
improvement to the leased premises shall be made by the Tenant without the 
written consent of the Landlord.  Any alteration, addition or improvements 
made by the Tenant after such consent shall have been given, and any 
fixtures installed as part thereof, shall, at the Landlord's option, become 
the property of the Landlord upon the expiration or other sooner termination 
of this Lease; excepting TV satellite dishes, transmission antenna; and 
associated TV electronic components which shall at all times remain the 
Tenants property; provided, however, that the Landlord shall have the right 
to require the Tenant to remove such fixtures at the Tenant's cost upon such 
termination of this Lease.

      14.  Tenant's Default.  If the leased premises shall be deserted or 
vacated, or if proceedings are commenced against the Tenant in any court 
under any bankruptcy act or for the appointment of a trustee or receiver of 
the Tenant's property, either before or after the commencement of the Lease 
term, or if there shall be a default in the payment of rent or any part 
thereof for more than ten (10) days, or if there shall be default in any 
other covenant, agreement or condition for more than twenty (20) days after 
written notice of such default by the Landlord, this Lease (if the Landlord 
so elects) shall thereupon become null and void, and the Landlord shall have 
the right to re-enter or repossess the leased premises, either by force, 
summary proceedings, surrender or otherwise, and dispossess and remove 
therefrom, the Tenant, or other occupants thereof, and their effects, 
without being liable to any prosecution therefor.  In such case, the 
Landlord may, at its option, relet the leased premises or any part thereof, 
and the Tenant shall pay the Landlord the difference between the rent hereby 
reserved and agreed to be paid by the Tenant for the portion of the term 
remaining at the time of re-entry or repossession and the amount, if any, 
received or to be received under such relating for such portion of the term.

      15.  Landlord's Right to Perform Tenant's Obligations.  If the Tenant 
is in default, other than the provisions requiring the payment of rent, and 
the Landlord shall give to the Tenant written notice of such default, and if 
the Tenant shall fail to cure or commence with due diligence to cure such 
default within fifteen (15) days after the receipt of such notice, then the 
Landlord may cure such default for the account of the Tenant, and any such 
sums reasonably expended by the Landlord in connection therewith shall be 
deemed to be additional rent and payable with rent which shall next become 

      16.  Right to Access.  The Landlord and their representatives may 
enter the leased premises, at any reasonable time, for the purpose of 
inspecting the lease premises, performing any work which the Landlord elects 
to undertake, exhibiting the leased property for sale, lease or mortgage 
financing, or posting any required notices.

      17.  Insurance.  During the term of this Lease, the Tenant, at its 
sole cost and expense, and for the benefit of the Landlord, shall carry and 
maintain comprehensive public liability insurance, including property 
damage, insuring the Landlord against liability for injury to persons or 
property occurring in or about the leased premises or arising from the 
ownership, maintenance, use or occupancy thereof.

      18.  Quiet Enjoyment.  Landlord covenants and agrees with Tenant that 
upon Tenant paying said rent, and performing all the covenants and 
conditions aforesaid, on Tenant's part to be observed and performed, Tenant 
shall and may peaceably and quietly have, hold and enjoy the premises hereby 
demised, for the term aforesaid, subject, however, to any underlying 

      19.  Assignment and Subletting.  This Lease may not be assigned or 
sublet by the Tenant without the express written consent of the Landlord.

      20.  Indemnification of Landlord.  Except for claims arising out of 
acts caused by the affirmative negligence of the Landlord or its 
representatives, the Tenant shall indemnify and defend the Landlord and the 
leased premises, at the Tenant's expense, against all claims, expenses and 
liabilities arising from (a) the management or occurrence on or about the 
leased premises; (b) any default by the Tenant hereunder; or (c) any act or 
omission or negligence of the Tenant or its agents, directors, employees or 

      21.  Waiver.  The failure of the Landlord to insist upon strict 
performance of any of its terms, conditions and covenants herein shall not 
be deemed a waiver of any rights or remedies that the Landlord may have and 
shall not be deemed a waiver of any subsequent breach or default in the 
terms, conditions and covenants herein contained.

      22.  Invalidity or Inapplicability of Clause.  If any term or 
provision of this Lease or the application thereof to any person or 
circumstances shall, to any extent, be invalid or unenforceable, the 
remainder of this Lease, or the application of such term or provision to 
persons or circumstances other than those as to which it is held invalid or 
unenforceable, shall not be affected thereby, and each term and provision of 
this Lease shall be valid and be enforced to the fullest permitted by law.

      23.  Captions.  The headings and captions contained in the Lease are 
inserted for convenience of reference only, and are not to be deemed part of 
or to be used in construing this Lease.

      24.  Successors or Assigns.  The covenants and agreements herein 
contained shall, subject to the provisions of this Lease, bind and inure to 
the benefit of the Landlord, its successors and assigns, and Tenants, its 
successors and assigns, and Tenants, its successors and assigns, except as 
otherwise provided herein.

      25.  Subordination or Lease: This Lease is subordinate to all existing 
mortgages that presently exist on this property.  Should the Lessors desire 
to sell or mortgage said premises after execution of this Lease Agreement 
this Lease shall be subordinate and secondary to said mortgage or sale of 
said property provided that nothing shall in anyway inhibit Lessees use of 
said property in accordance with this Lease Agreement for the remainder of 
Lessee's term.  Lessee shall upon mortgage or sale of said premises execute 
such documents as are necessary to effectuate such mortgage or sale provided 
that such documents do not change any of the terms and conditions of Lessees 
written Lease Agreement.

      26.  Entire Agreement; Amendments.  It is expressly understood and 
agreed by and between the parties hereto that this Lease sets forth all the 
promises, agreement, conditions, inducements and understanding between the 
Landlord and the Tenant relative to the demised premises and that there are 
no promises, agreements, conditions, understanding, inducements, warranties 
or representations, oral or written, express or implied, between them other 
than as herein set forth and shall not be modified in any manner except by 
an instrument in writing executed by the parties.

      IN WITNESS WHEREOF, the parties have executed this on the 7th day of 
January, 1992.


/S/______________________________  /S/_______________________________
                                   GLENN H. MARTIN

_________________________________  /S/_______________________________
                                   ELOUISE A. MARTIN


                                   NEW ENGLAND WIRELESS INC.

                                   By: /S/__________________________
                                       SCOTT A. WENDEL


      At Essex Junction, in said County and State, this 7th day of January, 
1992, personally appeared GLENN H. MARTIN and ELOUISE A. MARTIN, and SCOTT 
A. WENDEL, as duly authorized agent of New England Wireless Inc., and they 
acknowledged this instrument by them sealed and subscribed, to be their free 
act and deed and the free act and deed of New England Wireless Inc.

                                   Before me, /S/______________________
                                              Notary Public


      In consideration of the making of the foregoing Lease between GLENN H. 
do hereby covenant and agree with the said Glenn H. Martin and Elouise A. 
Martin, their heirs and assigns that if default be made at any time by the 
Lessee, its successors and assigns, in the payment of rent and/or 
performance of the covenants in the said Lease Agreement on its part to be 
paid and/or perform, the undersign will pay said rent and any arrears 
thereof that may remain due and perform the covenants and also pay any and 
all damages that may arise in consequence of the nonpayment of said rent 
and/or the nonperformance of said covenants or any of them.

      Dated this 7th day of January, 1992.

                                      Scott A. Wendel