SUBLEASE AGREEMENT
The parties agree as follows:
Date of this Sublease: November 18, 1999
Parties to this Sublease: Overtenant: Harex Global Corporation
Address for notices: 000 Xxxx Xxxxxx, Xxxxx 000
Xxx Xxxx, XX 00000
You, the Undertenant: C3D, Inc.
Address for notices: 000 X. 00xx Xxxxxx, Xxxxx 0-X
Xxx Xxxx, XX 00000
If there are more than one Overtenant or
Undertenant, the words "Overtenant" and
"Undertenant" used in the Sublease include
them.
Information from Landlord: May Capital Management Corp.
Over-Lease: Address for notices: 000 Xxxx Xxxxxx, 00xx Xxxxx
Xxx Xxxx, XX 00000
Overtenant: Harex Global Corporation
Address for notices: 000 Xxxx Xxxxxx, 00xx Xxxxx
Xxx Xxxx, XX 00000
Date of Over-Lease:
Term: from: to:
A copy of the Over-Lease is attached as an
important part of the Sublease.
Term: 1. One year and one month beginning November 18, 1999
ending December 31, 2000 with an option for one year.
Premises rented: 2. 000 Xxxx Xxxxxx, Xxxxx 000
Xxx Xxxx, XX 00000
Two furnished offices, one
conference room (when required),
and one reception area.
Uses of premises: 3. The premises may be used for executive offices only.
Rent: 4. The yearly rent is $36,000.00. You, the Undertenant,
will pay this yearly rent to the
Overtenant in twelve equal monthly
payments of $3,000. Payments shall
be paid in advance on the first
day of each month during the Term.
Security: 5. The security for the Undertenant's performance is $0.00.
Agreement to Lease and 6. Overtenant sublets the premises to you, the Undertenant,
pay rent: for the Term. Overtenant states that it has the authority
to do so. You, the Undertenant, agree to pay the Rent
and other charges as required in the Sublease. You, the
Undertenant, agree to do everything required of you in
the Sublease.
Notices: 7. All notices in the Sublease shall be sent by certified mail,
"return receipt requested".
Subject to: 8. The Sublease is subject to the Over-Lease. It is also
subject to any agreement to which the Over-Lease is
subject. You, the Undertenant, state that you have read
and initialed the Over-Lease and will not violate it in any
way.
Overtenant's duties: 9. The Over-Lease describes the Landlord's duties. The
Overtenant is not obligated to perform the Landlord's
duties. If the Landlord fails to perform, you, the
Undertenant, must send the Overtenant a notice. Upon
receipt of the notice, the Overtenant shall then promptly
notify the Landlord and demand that the Over-Lease
agreements be carried out. The Overtenant shall
continue the demands until the Landlord performs.
Covenant: 10. If the Landlord's consent to
the Sublease is required, this
consent must be received within 10
days from the date of this
Sublease. If the Landlord's
consent is not received within
this time, the Sublease will be
void. In such event all parties
are automatically released and all
payments shall be returned to you,
the Undertenant.
Adopting the Over-Lease 11. The provisions of the Over-Lease are part of the
and exceptions: Sublease.
No Authority: 12. You, the Undertenant, have no authority to contact or
make any agreement with the Landlord about the
premises or the Over-Lease. You, the Undertenant, may
not pay rent or other charges to the Landlord, but only to
the Overtenant.
Successors: 13. Unless otherwise stated, the Sublease is binding on all
parties who lawfully succeed to the rights or take the
place of the Overtenant or you, the Undertenant.
Examples are an assign, heir, or a legal representative
such as an executor of your will or administrator of your
estate.
Changes: 14. This Sublease can be changed only by an agreement in
writing signed by the parties to the Sublease.
Signatures:
OVERTENANT:
Harex Global Corp.
/s/ Xxxxxx X. Xxxxxx, President
-------------------------------
You, the UNDERTENANT
C3D, Inc.
Witness: /s/ Xxxxxxxxx X. Xxxxxx /s/ Xxxxxx Xxxxxx, President
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GUARANTY OF PAYMENT WHICH IS PART OF THE SUBLEASE
Date of Guaranty:
Guarantor and address:
Reason for Guaranty: 1. I know that the Overtenant
would not rent the premises to
the Undertenant unless I
guarantee Undertenant's
performance. I have also
requested for Overtenant to
enter into the Sublease with
the Undertenant. I have a
substantial interest in make
sure that the Overtenant rents
the premises to the
Undertenant.
Guaranty: 2. The following is my Guaranty:
I guaranty the full performance of
the Sublease by the Undertenant.
This Guaranty is absolute and
without any condition. It
includes, but is not limited to,
the payment of rent and other
money charges.
In addition, I agree to these other terms:
Changes in Sublease have 3. This Guaranty will not be affected by any change in the
no effect: Sublease, whatsoever. This includes, but is not limited
to, any extension of time or renewals. The Guaranty will
be binding even if I am not a party to these changes.
Waiver of notice: 4. I do not have to be informed about any failure of
performance by Undertenant, I waive notice of
nonpayment or nonperformance.
Performance: 5. If the Undertenant fails to perform under the Sublease,
the Overtenant may require me to perform without first
demanding that the Undertenant perform.
Waiver of jury trial: 6. I give up my right to trial by jury in any claim related to
the Sublease or this Guaranty.
Changes: 7. This Guaranty of payment and performances can be
changed only by written agreement signed by all parti8es
to the Sublease and Guaranty.
Signatures:
WITNESS: GUARANTOR:
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