SUBLEASE AGREEMENT
EXHIBIT
10.39
This Sublease Agreement
(“Sublease”) is made effective as of November 1, 2009, by and Between
Beyond Commerce, Inc(“Tenant”), and KaChing KaChing, Inc (“Subtenant”). Tenant
has
previously entered into a lease agreement with Xxxxxxx Pecos I-215 II, LLC,a
Nevada limited-liability company(“ Landlord”) dated December 28, 2007 (the
“Prime Lease”), a copy of which is attached as an exhibit to this Sublease. Tenant
now desires to sublet the leased property to Subtenant and Subtenant desires to
sublet the leased property from Tenant. Therefore, the parties agree as
follows:
1. PREMISES. Tenant, in
consideration of the sublease payments provided in this Sublease, sublets to
Subtenant the property located at 0000 Xxxxx Xxxxx Xxxxxxxxx XX
00000.
2. TERM AND POSSESSION. The term
of this Sublease will begin on November 1, 2009 and unless terminated sooner
pursuant to the terms of this
Sublease, it will continue for the remainder of the term provided in the Prime
Lease, which terminates on January 1, 2012.
3. SUBLEASE PAYMENTS. Subtenant
shall pay to Tenant sublease payments of $12,023.81 per month, payable in
advance on the first day of each month, for a total sublease payment of
$312,619.06 over the life of the lease. Sublease payments shall be made to
Tenant at 0000 Xxxxx Xxxxx Xxxxxxxxx, XX 00000, which may be changed from time
to time by
Tenant.
4. SECURITY DEPOSIT. At the time
of the signing of this Sublease, Subtenant shall pay to Landlord, in trust, a
security deposit of $0.00 to be held and disbursed for Subtenant damages to the
Premises or other delimits under this Sublease (if any) as provided by
law.
5. NOTICE. Notices under this
Sublease shall not be deemed valid unless given or served in writing and
forwarded by mail, postage prepaid, addressed as follows to every interested
party:
TENANT:
XxxxX.xxx
Inc
0000
Xxxxx Xxxxx
Xxxxxxxxx,
XX 00000
SUBTENANT:
KaChing
KaChing, Inc.
0000
Xxxxx Xxxxx
Xxxxxxxxx,
XX 00000
LANDLORD:
Xxxxxxx
Pecos I-215 II, LLC
0000 X.
Xxxxxx XX. #0000
Xxx
Xxxxx, XX 00000
Such
addresses may be changed from time to time by any party by providing notice to
the other
interested parties as described
above.
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6. GOVERNING LAW. This Sublease
shall be construed in accordance with the laws of the State of
Nevada
7. LANDLORD’S CONSENT. Option 1- The Prime Lease
requires the prior written consent of Landlord to any subletting of the
Premises. Such consent has
been obtained and a copy is attached as an exhibit as found in
section 14.2 Notice of Intent to Assign or Sublet.
8. INCORPORATION OF PRIME
LEASE. This
Sublease is subject to all of the terms of the Prime Lease with the same force
and effect as if each provision of the Prime Lease were included in this
Sublease, except as otherwise provided in this Sublease. All of the obligations
of Tenant under the Prime Lease shall be binding upon Subtenant. All of the
obligations of Landlord under the Prime Lease shall inure to the benefit of
Subtenant. It is the intent of the parties that, except as otherwise provided in
this Sublease, the relationship between Tenant and Subtenant shall be governed
by the various provisions of the Prime Lease as if those provisions were
included in this Sublease in full, except that the terms “Landlord,” “Tenant’
and “Lease’ as used in the Prime Lease, shall instead refer to, respectively,
“Tenant,” “Subtenant’ and “Sublease.”
TENANT
_____________________________________
XxxxX.Xxx,
Inc.
Xxxx X
Xxxxxx
Chief
Financial Officer
SUBTENANT
_____________________________________
KaChing
KaChing, Inc.
Xxxxxx X.
XxXxxxx
President
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