Exhibit 10.13
LEASE AGREEMENT
THIS AGREEMENT is made and entered into this 22nd day of November 2002, by
and between 0000 XXXXXX XXXX, LLC, a Michigan Limited Liability Company, of 0000
Xxxxxxx Xxxx XX, Xxxxx Xxxxxx, Xxxxxxxx, hereinafter designated as "Landlord"
and BESTNET COMMUNICATIONS, INC., Xxx Xxxxxxxxx, with the address of 0000
Xxxxxxx Xxxx XX, Xxxxx Xxxxxx, Xxxxxxxx, hereinafter designated as "Tenant".
RECITALS
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In consideration of the mutual covenants and agreements herein set forth,
and other good and valuable consideration, Landlord does hereby demise and lease
to Tenant, and Tenant does hereby lease from Landlord, that portion of the
certain building located at 0000 Xxxxxxx Xxxx, X.X., Xxxxx Xxxxxx, Xxxxxxxx, as
outlined on the floor plan attached hereto as Exhibit A, and consisting of
approximately 3,600 rentable square feet (hereinafter referred to as Suites A,B
& C the "Demised Premises"), together with the use, in common, with Landlord
and others entitled thereto, of the common areas, parking areas, service roads,
sidewalks, hallways, stairways and to other facilities (collectively the "Common
Areas; except Landlord reserves the exclusive right to modify, reconfigure and
alter the Common Areas and to eliminate portions of the Common Areas provided
that Tenant will at all times have reasonable access to the Demised Premises.
1. Term of Lease and Possession.
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(a) Term and Access. The term of this Lease shall be for 34 months
commencing on December 1, 2002, and ending on October 31, 2005,
unless sooner terminated as herein provided. Notwithstanding the
foregoing, Landlord shall permit Tenant to have access to the
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Demised Premises as soon as the current tenant has vacated the
suite for the purpose of Tenant moving and storing its furniture,
equipment, computers and other items of personal property in the
Demised Premises, provided that such items and the movement and
storage of such items do not interfere with the installation of
the Improvements, as defined in Section 1 (b).
(b) Installation of Improvements. Landlord will perform the work
described on Addendum #1 (collectively, the "Improvements").
2. Rent.
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(a) During the term of this Lease, commencing on December 1, 2002,
(except as provided in this subsection), Tenant agrees to pay
Landlord, as a fixed minimum annual rent for the Demised
Premises, the sum of (see addendum #2 collectively the "rent
schedule), payable in advance in monthly installments (see
addendum #2), subject to the increases provided for in Section
2(e). All rent payments will be due on the first day of each
month. Should Tenant commence operations within the Demised
Premises prior to December 1, 2002, Tenant shall pay a pro-rata
amount of the monthly rental payment from the date Tenant
commenced operations. On execution of this Lease, Tenant shall
pay the first month's rent.
(b) All payments of rent and other sums to be paid to the Landlord
shall be made at Landlord's address listed above or at such place
as the Landlord shall designate in writing from time to time.
(c) In addition to the fixed minimum annual rent, Tenant shall pay as
additional rent to Landlord any and all payments or charges
required pursuant to paragraphs 6 and 7 herein and all other sums
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of money, payments or charges required to be paid by Tenant under
this Lease, whether or not the same, are designated as
"additional rent". If such amounts or charges are not paid at the
time provided in this Lease, they shall nevertheless, if not paid
when due, be collectible as additional rent with the next
installment of rent falling due hereunder, but nothing herein
contained shall be deemed to suspend or delay the payment of any
money or charge at the time same becomes due and payable
hereunder, or limit any other remedy of the Landlord.
(d) All payments received shall be applied first to return check
charges and late charges due pursuant to Paragraph 25 below, then
to other amounts such as additional rent due hereunder, then to
rent due hereunder.
(e) For each Lease year following the initial first twelve (12)
months of the lease term, including any lease year during any
extended term, the fixed minimum annual rent shall be increased
by three percent (3%).
3. Option to Renew.
----------------
So long as no default shall have occurred herein, Tenant shall have
the option to renew this lease for an additional period of three (3)
Years on the same terms and conditions as herein contained. In the
event Tenant exercises its option to renew, it shall give written
notice thereof to Landlord at least six (6) months prior to the
expiration of the lease term.
4. Conduct of Business.
--------------------
It is understood and agreed between the parties hereto that the Demise
Premises, during the continuance of this Lease, shall be occupied for
the operation of Tenant's business of general office space for
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general office purposes and for no other purpose or purposes without
the written consent of the landlord and that the Tenant will not use
the Demised Premises for any purpose in violation of any law,
municipal ordinance or regulation, and that on any breach of this
Lease, the Landlord may, at its option, terminate this Lease forthwith
and may enter and repossess the Demised Premises. Tenant further
agrees to obey all reasonable rules and regulations established by the
Landlord for all tenants of the building in which the Demised Premises
are located upon receiving written notice from the Landlord of such
rules and regulations.
5. Maintenance, Waste and Nuisance, and Alterations:
-------------------------------------------------
(a) Maintenance. Except for repairs occasioned by the negligence of
Tenant, its agents, employees, servants, contractors, sublessees,
customers or invitees, Landlord agrees to keep the Demised
Premises, the building in which they are located and the
surrounding common area in good order, including heating and
electrical air conditioning systems. In turn, Tenant agrees to
periodically inspect the Demised Premises and to report promptly
to Landlord any defective condition known to it, and Landlord
agrees to arrange for repairs, at its own expense, as soon as
reasonably possible. The Tenant will use the Demised Premises in
a reasonable manner and be responsible for the repair of any
damage caused by the misuse or negligence of the Tenant, its
agents, employees, servants, contractors, sublessees, customers
or invitees.
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(b) Waste and Nuisance. Tenant shall throughout the lease term
maintain the building and other improvements constituting the
Demised Premises and keep them free from waste or nuisance, and
shall deliver up the Demised Premises in a clean and sanitary
condition at the termination of this lease in good repair and
condition, reasonable wear and tear and damage by fire, tornado,
or other casualty excepted. In the event Tenant should neglect
reasonably to maintain the Demised Premises, Landlord shall have
the right, but not the obligation, to cause repairs or
corrections to be made, and any reasonable costs therefore shall
be payable by Tenant to Landlord as additional rental on the next
rental installment date.
(c) Alterations. The Tenant shall not make any alterations, additions
or improvements to the Demised Premises without the Landlord's
written consent. All alterations, additions or improvements made
by either of the parties hereto upon the premises, except movable
office furniture and trade fixtures put in at the expense of the
Tenant as further provided for in Paragraph 19 herein, shall be
the property of the Landlord, and shall remain upon and be
surrendered with the premises at the termination of this lease,
without molestation of injury.
6. Utilities.
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(a) Landlord agrees to provide the necessary mains, ducts and
conduits in order to bring water, gas, electricity and telephone
service to the Demised Premises. Landlord may interrupt or
suspend the supply of any such service to the Demised Premises in
order to make necessary repairs or alterations to the Demised
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Premises or to any other part of the building or the property on
which it is situated. There shall be no abatement of rent by
reason of any interruption or suspension of such services.
(b) Landlord further agrees to provide to the Demised Premises:
(i) Adequate heat and air conditioning when necessary, in
Landlord's reasonable judgement; and
(ii) To furnish adequate electricity for normal business uses in
the Demised Premises and to furnish adequate bulbs for lighting
fixtures at the inception of the Lease, and thereafter to replace
bulbs as needed at Tenant's request. If electricity and/or gas
servicing the Demised Premises is separately metered for the
Demised Premises: (1) Tenant will pay its pro-rata the ration
expressed as a percentage of the square foot area in the Demised
Premises set forth in the Recitals Paragraph herein to the total
square foot area occupied by all Tenants in the building in which
the Demised Premises are located), and (2) the Landlord will
prepare a monthly xxxx for the Tenant's cost of electricity and
this xxxx will be paid as additional rent by the Tenant in
addition to and with the monthly rental installment.
(c) For the Benefit of Tenant's use of the Demised Premises and all
other tenants, Landlord agrees to provide in the building:
(i) Necessary lines and means of distribution for hot and cold
water for restrooms and refrigerated water for drinking;
(ii) Restroom facilities reasonably accessible to the Demised
Premises, supplied with soap, toilet tissue and maintained in
clean and sanitary condition; and
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(iii) Reasonable access to the Demised Premises for the
installation of such telephone, telegraph, teletype, data
processing and other equipment as Tenant may reasonably require.
Any charges for the installation, use or servicing of such
equipment shall be the obligation of Tenant.
7. Common Area, Utility and Services:
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(a) Landlord shall pay, in the first instance, all costs, equipping,
policing and protecting, lighting, heating, insuring, repairing,
replacing and maintaining the building in which the Demised
Premises are located and the parking areas, sidewalks, hallways
and other common areas appurtenant thereto including, without
limitation, maintenance and supplies, exterior and interior
repairs and replacement, ground care, snow and ice removal, sewer
and water charges, utilities for heating and ventilation, air
conditioning and water, light bulbs, trash removal, taxes and
assessments and similar charges, security and management fees
(unless the cost for such utilities have been privately incurred
or contracted for by Tenant).
(b) Tenant shall pay the cost of any janitorial services for the
Demised Premises, whether incurred or contracted by Tenant or
incurred or contracted by Landlord. If the janitorial services
for the Demised Premises are incurred and contracted by Landlord,
then Tenant will pay the cost for the janitorial services to the
Demised Premises upon notice by Landlord which payment shall be
due with the next monthly installment of rent hereunder. Tenant
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shall pay, upon a monthly basis a proportionate share of the
Operating Costs above the lease year upon notice by Landlord
which payment shall be due with the next monthly installment of
rent hereunder. Tenant shall pay its proportionate share of such
estimated Operating Costs for janitorial services to the Common
Area upon notice by Landlord which payment shall be due with the
next monthly installment of rent hereunder.
8. Taxes.
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Landlord shall pay all real estate taxes and special assessments
attributable to the real estate upon which the Demised Premises are
located. Tenant shall pay all other taxes attributable to Tenant's
occupancy of the Demised Premises and conduct of its business,
including but not limited to sales, income and personal property
taxes.
9. Indemnity and Insurance:
------------------------
(a) Hold Harmless Clause. Tenant agrees to indemnify and hold
Landlord and the property of Landlord, including Demised
Premises, free and harmless from any and all claims, liability,
loss, damages resulting from Tenant's occupation and use of said
premises, specifically including, without limitation, any claim,
liability, loss or damage arising by reason of:
(1) The death or injury of any person or persons, including
Tenant or any person who is an employee or agent of Tenant,
or by reason of the damage to or destruction of any
property, including property owned by Tenant or any person
who is an employee or agent of Tenant, and caused or
allegedly caused by either the condition of the Demised
Premises, or act or omission of Tenant, its agents,
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employees, servants, contractors, sublessees, customers or
invitees on the Demised Premises provided no negligent act
or omission on the part of the Landlords contributed
thereto:
(2) Any work performed on the Demised Premises or materials
furnished to the Demised Premises at the instance or request
of Tenant or any agent or employee of Tenant; and
(3) Tenant's failure to perform any provisions of this Lease or
to comply with any requirement of law or any requirement
imposed on Landlord or the Demised Premises by any duly
authorized governmental agency or political subdivision.
(4) All Tenants personal property of every kind and description,
including trade fixtures, which may at any time be n the
Demised Premises shall be kept at Tenant's sole risk or at
the risk of those claiming under Tenant, and Landlord shall
not be responsible or liable to Tenant for any loss of
business or other loss or damage that may be occasioned by
or through the acts or omissions of persons occupying
adjoining premises or any part of premises adjacent to or
connected with the Demised Premises or any part of the
building of which the Demised Premises are part or for any
loss or damage of any kind resulting to Tenant, its business
or property or the business or property of others claiming
under Tenant from burst, overflowing, stopped or leaking
water, gas, sewer or steam pipes, or heating, cooling or
plumbing fixtures, or from electric wires or gas odors
within the Demised Premises for any cause whatsoever, except
as may result from and be directly caused by the negligence
of Landlord, its agents or employees.
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(b) Insurance.
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Landlord shall insure its interest in the Demised Premises with
fire and extended coverage insurance. Tenant shall carry it's own
fire insurance with respect to the contents of the Demised
Premises and personal property it attaches to the building.
Tenant shall, at Tenant's expense, maintain public liability
insurance in amounts of not less than One Million Dollars
($1,000,000) per occurrence combined single limit liability
naming Landlord as an additional insured, and Tenant shall
furnish Landlord with a certificate of insurance which shall
provide that such insurance will not be cancelled except upon ten
(10) days prior written notice to Landlord. Tenant also agrees to
pay as additional rent any increase in insurance premiums payable
by Landlord which are due to increased hazard attributable to
Tenant's use of the Demised Premises.
(c) Waiver of Subrogation.
----------------------
Any insurance maintained by Tenant will contain a clause or
endorsement under which the insurer waives all right of
subrogation against Landlord, its agents or employees, with
respect to losses payable under such policy, and Tenant hereby
waives all right of recover which it might otherwise have against
Landlord, its agents or employees, for any damage or injury to
any person or property.
10. Eminent Domain.
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If the whole or any part of the Demised Premises hereby leased shall
be taken by any public authority under the power of eminent domain
then the term of this Leases shall cease on the part so taken, from
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the day the possession of that part shall be required for any public
purpose and the rent shall be paid up to that day, and from that day
the Tenant shall have the right either to cancel this Lease and
declare the same null and void, or to continue in the possession of
the remainder of the same under the terms herein provided, except that
the rent shall be reduced in proportion to the amount of the Demised
Premises taken. All damages awarded for such taking shall belong to
and be awarded as compensation for diminution in value to the
leasehold, or to the fee of the Demised Premises herein leased.
11. Advertising Display.
--------------------
The name of the building and its address will be clearly identified
and recognized from the street. Landlord shall erect, in the lobby, a
Directory of the offices in the building. The entrance to each office
will also be identified and Tenant may, with Landlord's prior written
approval, place additional special identification signs on the
entrance door to the Demised Premises. Tenant shall not paint, place,
erect or otherwise display any signs visible from the outside of the
Demised Premises or the building of which the Demised Premises are a
part without the prior written consent of Landlord. At, or prior to
the expiration or the termination of this Lease, Tenant shall remove
any such signs and shall restore the Demised Premises and/or the
building of which the Demised Premises are a part to their former
condition, ordinary wear and tear expected.
12. Parking.
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Subject to reasonable rules and regulations established by Landlord,
Tenant, its employees, agents and visitors may use the parking lot in
common with other tenants of the building and their employees, agents
and visitors on a "first-come, first-served" basis. Landlord will keep
the parking area clean and in good repair.
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13. Damage and Destruction:
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(a) Damage and Destruction. If the Demised Premises are damaged in
whole or in part by fire or other cause, the damages (including
alterations, equipment and decoration made and installed by
Landlord) shall be repaired and restored by and at the expense of
Landlord, and the Tenant shall repair and restore the damage to
Tenant's fixtures, furniture and furnishings; provided, however,
that Landlord's obligation to restore shall be limited by the
amount of insurance proceeds actually received by Landlord.
During the period of such repairs and restorations, rent and
additional rent hereunder shall xxxxx in proportion to the amount
of the Demised Premises rendered untenantable thereby.
(b) Repairs. Both Landlord and Tenant shall make such repairs and
replacements promptly. Tenant may, as said repairs and
replacements are being made by Landlord, have reasonable access
to the Demised Premises for the purpose of installing its
fixtures, equipment, furniture and furnishings so long as Tenant
does not unreasonably interfere with Landlord's workers. No
penalty shall accrue for reasonable delays which may arise by
reason of adjustment of fire insurance on the part of the
Landlord and/or Tenant and for reasonable delay on account of
labor troubles or any other similar or dissimilar cause
reasonably beyond Landlord's or Tenant's control.
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(c) Termination. Notwithstanding the foregoing provisions of this
section, if the building of which the Demised Premises are a part
is totally damaged or is rendered wholly untenantable by fire or
other cause, then either the Landlord or Tenant may, within
thirty (30) days after such fire or other cause, terminate this
Lease by giving the other party notice in writing of such
decisions and thereupon, the term of this Lease shall expire by
lapse of time upon the fifth (5th) day after such notice is given
and Tenant shall vacate the Demised Premises and surrender the
same to Landlord.
14. Default:
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(a) In the event Tenant shall fail or omit to make payment of the
rent, any item of additional rent and/or Operational Costs as
provided herein or breached any of the covenants herein provided,
and such default continues for a period of thirty (30) days
except for the payment of rent or other monies payable hereunder
which shall be for a period of ten (10) days after written notice
thereof from the Landlord or abandons the premises, or becomes
insolvent, makes an assignment for the benefit of creditor, or is
adjudicated in bankruptcy, or a receiver or trustee be appointed
for its property as a result of its insolvency whereby this Lease
shall, by operation of law, devolve upon or pass to any person or
persons other than Tenant, Landlord, at its option, may terminate
this Lease; or may without terminating this Lease, enter into the
Demised Premises and recover possession thereof, remove Tenant's
property, make any repairs, changes, alterations or additions in
or to the Demised Premises that may be necessary or convenient,
and relet the same for the account of Tenant for such rent and
upon such terms as shall be satisfactory to Landlord.
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(b) If Landlord shall have relet the Demised Premises, Tenant shall
pay the Landlord, as liquidated and current damages for Tenant's
default, the present value of the equivalent of the amount of the
rent, other sums and charges and additional rent as would be
payable under this Lease by Tenant if the Lease were still in
effect, less the present value of the net proceeds, if any, of
the reletting effected pursuant to the provisions hereof, after
deducting all of Landlord's expenses in connection with such
reletting, including, without limitation, all repossession costs,
brokerage and management commissions, operating expenses, legal
expenses, reasonable attorney fees, alteration costs and expenses
of preparation of such reletting. If, after diligent effort and a
reasonable time, Landlord is unable to relet the Demised
Premises, Tenant shall pay to Landlord, as liquidated and agreed
current damages, the then present values of the rent, other sums
and charges, and additional rent to be paid by Tenant until what
would have been the end of the term hereof. Subsequent letting of
the Demised Premises after payment of such liquidated damages
shall not diminish or alter Tenant's obligation to pay such sums
hereunder.
15. Subordination.
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This Lease shall be subject and subordinate at all times to any and
all mortgages or deeds of trust that now or may hereafter encumber the
Demised Premises through an act of the Landlord and to any renewal,
modification, consolidation, replacement and extension of any such
mortgage or deed of trust. Tenant shall execute any instrument
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subordinating the interest of Tenant under this Lease to the lien of
such mortgage or deed of trust that Landlord or the mortgage or
trustee may at any time desire, and Tenant shall duly comply with all
of the provisions of any mortgage or deed of trust to which this Lease
is subordinate, except the payment of interest and principle
thereunder. Provided, no default by Landlord under any such mortgage
shall affect Tenant's rights hereunder, so long as Tenant is not in
default under this Lease. Tenant agrees to execute any document
necessary to evidence this subordination. Furthermore, Tenant agrees,
with in ten (10) days after request by Landlord to execute and deliver
to Landlord an Estoppel Certificate identifying the commencement and
expiration date of this Lease, the amounts of rent payable under this
Lease and stating that this Lease is unmodified and in full force and
effect, or is in full force and effect as modified, stating the
modifications, and stating that the Tenant does not claim that the
Landlord is in default, or listing any claimed defaults. If Tenant
fails to deliver the executed certificate to the Landlord within the
ten (10) day period, the accuracy of any proposal certificate prepared
by the Landlord shall be deemed conclusively confirmed.
16. Inspection by Landlord.
-----------------------
Tenant shall permit Landlord and its agents to enter into and upon the
Demised Premises at all reasonable times for the purpose of inspecting
the same or for the purpose of maintaining or making repairs or
alterations to the building and to exhibit the Demised Premises to
Prospective purchasers, mortgagers or tenants.
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17. Parties Bound. This Lease shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, personal
representatives, legal representatives, successors, and assigns when
permitted by this Lease.
18. Signage. Lessor shall provide, at Tenant's expense, signage on the
sign monument along Cascade Road.
19. Applicable Law. This Lease shall be construed under and in accordance
with the laws of the State of Michigan.
20. Legal Construction. In case any one or more of the provisions
contained in this Lease shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability shall not affect any other provision hereof and
this Lease shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
21. Sole Agreement of the Parties. This Lease constitutes the sole and
only agreement of the parties hereto and supersedes any prior
understandings or written or oral agreements between the parties
respecting the subject matter within it.
22. Amendment. No amendment, modification, or alteration of the terms
hereof shall be binding unless the same be in writing, dates
subsequent to the date hereof, and duly executed by the parties
hereto.
23. Rights and Remedies Cumulative. The rights and remedies provided by
this Lease are cumulative and the use of any one right or remedy by
either party shall not preclude or waive its right to use any or all
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other remedies. Said rights and remedies are given in addition to any
other rights the parties may have by law, statute, ordinance, or
otherwise.
24. Waiver of Default. No waiver by the parties hereto of any default or
breach of any term, condition, or covenant of this Lease shall be
deemed to be a waiver of any other breach of the same or any other
term, condition, or covenant contained herein.
25. Attorney's Fees. In the event Landlord or Tenant breaches any of the
terms of this Lease whereby the Party not in default employs
attorney's to protect or enforce its rights hereunder and prevails,
the defaulting party agrees to pay the other party reasonable
attorney's fees so incurred by such other party.
26. Late Fee. If any rent or additional rent specified herein is not paid
by the 5th day of the month in which it is due, Tenant agrees to pay a
late charge of ten (10%) per month for each month or part thereof that
such rentals shall not have been paid.
27. Prohibition of Offset. All rents or additional rents due hereunder
shall not be subject to any deduction of offset by Tenant for any
reason whatsoever.
28. Excuse. Neither Landlord nor Tenant shall be required to perform any
term, condition, or covenant in this Lease so long as such performance
is delayed or prevented by any acts of God, strikes, lockouts,
material or labor restrictions by any governmental authority, civil,
riot, floods, and any other cause not reasonably within the control of
the Landlord or Tenant and which by the exercise of due diligence
Landlord or Tenant is unable, wholly or in part, to prevent or
overcome.
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29. Time of Essence. Time is of the essence of this Lease.
30. Exculpation of Landlord. If Landlord shall convey title to the Demised
Premises pursuant to the sale or exchange of property, the Landlord
shall not be liability to Tenant or any immediate or remote assignee
or successor of Tenant as to any act or omission from and after such
conveyance.
31. Security Deposit. As security for the faithful performance by Tenant
of all of its obligations under this Lease, Tenant has deposited with
Landlord the sum of Two Thousand Nine Hundred Dollars ($2,900.00).
Landlord shall have the right (but not the obligation) to apply all or
any part of it toward any amount Tenant has failed to pay hereunder on
a timely basis. If Tenant shall default with respect to any covenant
or provision hereof, Landlord may use, apply or retain all or any
portion of the Security Deposit to cure such default or to compensate
Landlord for any loss or damage which Landlord may suffer thereby. If
Landlord so uses or applies all or any portion of the Security
Deposit, Tenant shall immediately, upon written demand, deposit cash
with Landlord in an amount sufficient to restore the Security Deposit
to the full amount hereinabove stated. Landlord shall not be required
to keep the Security Deposit separate from its general accounts.
Within thirty (30) days after the expiration of the Lease term and the
vacation of the Premises by Tenant, the Security Deposit, or such part
as has not been applied to cure the default, shall be returned to
Tenant. In the event of any bankruptcy or other proceeding initiated
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by or against Tenant, it is agreed that all such Security Deposit held
hereunder shall be deemed to be applied by Landlord to rent and all
other charges due from Tenant to Landlord for the last month of the
Term and each preceding month until such Security Deposit is fully
applied.
32. Captions. The headings and captions used throughout this Lease are for
convenience and reference only, and shall not be construed to explain,
modify, amplify or add to the meaning of any of the provisions of this
Lease.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
WITNESSES: LANDLORD
0000 Xxxxxxx Xxxx, LLC
A Michigan Limited Liability Company
By: /s/
---------------------------------- --------------------------------
R. Xxxxx Xxxxxxx, XX,
Property Manager for
R. Xxxxx Xxxxxxx, Member
TENANT
Bestnet Communications, Inc.
By: /s/
---------------------------------- --------------------------------
Xxxxxx X. Xxxxxxxxx
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ADDENDUM #1
IMPROVEMENTS
Work Schedule
1. Landlord to clean carpet and paint suite.
2. Landlord to provide $500 in labor and materials for communication's wiring.
The work captioned above has been completed to my satisfaction.
By: /s/
--------------------------------
Xxxxxx X. Xxxxxxxxx
Bestnet Communications,
Inc.
Date:
------------------------------
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ADDENDUM #2
RENT SCHEDULE
MONTH ANNUAL RENT MONTHLY RENT
----- ----------- ------------
1 - 2 Forty Eight Thousand Dollars Four Thousand Dollar (US)
(US)$48,000 $4,000
2 - 12 Fifty Four Thousand Dollars Forty Five Hundred Dollars
(US)$54,000 (US)$4,500
13 - 24 Fifty Five Thousand Six Four Thousand Six Hundred
Hundred Twenty Dollars (US) Thirty Five Dollars (US)
$55,620 $4,635
25 - 34 Fifty Seven Thousand Two Four Thousand Seven
Hundred Eighty Eight Dollars Hundred Seventy Four Dollars
& Sixty cents (US) & Five Cents (US)
$57,288.60 $4,774.05
Agreed to on this 22nd day of November, 2002
By: /s/
---------------------------------- --------------------------------
Witness R. Xxxxx Xxxxxxx, XX,
Property Manager For
R. Xxxxx Xxxxxxx, Member
"Landlord"
----------------------------------
Witness
--------------------------------
Xxxxxx X. Xxxxxxxxx
Bestnet Communications,
Inc "Tenent"
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Codicil
The signing of this lease, dated November 22, 2002, negates the previously
signed lease.
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