EXHIBIT 10.23
LEASE AGREEMENT
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This Lease Agreement made on the 15th day of June, 2005, by and between
INTERNETworks of Bixby, Oklahoma, and Recall Mail Corporation and its
subsidiary, Email Emissary, Inc. hereinafter referred to as TENANT. The CITY OF
XXXXX is owner and landlord of the office space.
Consideration shall be as hereinafter set forth, as well as the mutual
covenants and obligations expressed within this Agreement.
1. Leased Premises. INTERNETworks agrees to sublease to TENANT office
space in the Xxxxx Building, located at 000 X. Xxxxx, Xxxxx, Xxxxxxxx. The space
to be leased to TENANT is further described as that space being located and
identified with the Xxxxx Building as: Suite 111.
2. Term. The parties hereto agree that the term of this Lease shall be for
6 1/2 months and shall begin on the 15th day of June, 2005.
Should the TENANT desire to hold over and continue the Lease beyond the
initial term, the parties agree that the Lease may be extended by mutual
agreement and for such terms as the parties may agree on. Consideration for the
additional term, other than as specifically specified herein, may be increased
or decreased as the parties might mutually agree.
3. Consideration. TENANT agrees to pay INTERNETworks for use and occupancy
of the leased premises, the sum of $2,600.00. Such sum shall be paid in monthly
lease payments in the amount of $400 with the first payment of $200 for 1/2
month due on date of occupancy as hereinbefore stated. The parties further
acknowledge that should TENANT move in on a day other than the first day of the
month, then, in that event, the monthly rental shall be paid pro rata for the
number of days of occupancy for the first month. The rent thereafter shall be
paid on the first day of each month at the agreed to monthly rate. A ten percent
penalty shall be added to any monthly rent payment which is not paid within
three days of the due date. Weekends and holidays shall be excluded from
computation of the three-day grace period. A ten percent penalty for late
payment is a material covenant to the contract and is not subject to
negotiations or reduction in the event of late payment.
4. Indemnification. The TENANT agrees to indemnify, save and hold harmless
INTERNETworks from any act or occurrence leading to or causing injury to TENANT,
employees of TENANT or customers of TENANT, save and except for an act of direct
negligence by INTERNETworks causing such injury or loss as may be incurred.
The TENANT agrees that a material covenant to this lease shall be the
business activity to be conducted by TENANT. TENANT agrees to conduct the
business of Email Services, within the leased premises and further agrees that
there shall be no change in business conducted on the premises without the
written consent of INTERNETworks.
5. Maintenance and Upkeep. Janitorial services are provided to the leased
premises, and the landlord, CITY OF XXXXX, maintains the leased premises in good
and proper working order throughout the term of the Lease. However, TENANT shall
be responsible for
maintenance and repair of any damage occurring or repair made necessary through
the negligence or disregard by TENANT giving rise to the need for such repair or
maintenance.
6. Return of Premises. TENANT agrees upon termination of this Lease, to
vacate the premises and to leave the premises in as good a condition as it was
at the time of commencement of the Lease, ordinary wear and tear excepted.
TENANT agrees that modification to the premises during the course of the
Lease such as shelving, cabinets, or build-ins, attaching to the property and
becoming a part of the structure shall become the property of the CITY OF XXXXX
and shall remain with the property upon termination of the Lease. However, upon
mutual agreement, TENANT may removed such improvements with the understanding
that any damage to building or evidence of such improvements having been in
place will be repaired to the original condition at time of Lease.
7. No Alterations. TENANT agrees that there shall be no major alterations
to the premises without the written consent of INTERNETworks. INTERNETworks will
have to receive permission from the CITY OF XXXXX. Major alterations shall
consist of any moving or relocation of walls, alterations requiring relocation
of plumbing and/or wiring, alterations affecting the heating and air
conditioning system, or alterations that affect the structural integrity of the
property or would create a nuisance or inconvenience to surrounding tenants.
8. Default. The parties hereto agree that this contract shall be
considered to be in default should any consideration payment be more than thirty
(30) days late. Upon such occurrence, INTERNETworks has the sole and exclusive
right to declare default, and in the event of default INTERNETworks shall have
immediate right of occupancy. TENANT agrees, upon receiving written notice of
default, to immediately vacate the premises with 15 days of receipt of such
notice.
Should this Lease Agreement become in default, INTERNETworks shall have a
right to pursue all remedies as express herein and, in addition, may include
within its loss and/or damages all attorney fees and related costs necessary to
recover such loss or damage.
INTERNETworks
BY: /s/ Xxxxx Xxxxxxx
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Xxxxx Xxxxxxx
TENANT
BY: /s/ Xxxx Xxxxxx
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Xxxx Xxxxxx
DATE: June 15, 2005
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