AGREEMENT
AGREEMENT
This
Agreement dated the 1st
day of
December 2005 by and between Xxxxxxx Xxxxxxx and Company,
Inc., a domestic corporation with offices at 00 Xxxx Xxxxxx, 315t
Xxxxx,
Xxx Xxxx, Xxx Xxxx 00000 hereinafter referred to as "The Assignor," and Xxxxxx
Asset Management Company, Inc., a New York with offices at 00 Xxxxxxxx,
00xx
Xxxxx,
Xxx Xxxx, Xxx Xxxx 00000, hereinafter referred to as "The Assignee."
WHEREAS
The
Assignor is a tenant at 00 Xxxx Xxxxxx, 00xx Xxxxx,
Xxx Xxxx, Xxx Xxxx; and
WHEREAS
The
Assignor executed a lease with 00 Xxxx Xxxxxx, LLC, a limited liability company,
with office at 000 0xx
Xxxxxx,
Xxx Xxxx, Xxx Xxxx 00000, dated the 23rd
day of
December 2004
(the
"Lease"); and .
WHEREAS A
copy of
the Lease is annexed hereto and made a part thereof; and
WHEREAS
Pursuant
to the terms of the Lease, the Assignor has as security with the landlord
$162,197; and
WHEREAS
The
Assignor does not desire to continue to lease its space on the 31st
Floor of
00 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx; and
WHEREAS
The
Assignee wishes to lease the space on the 31st Floor
of
00 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx where the Assignor currently resides; and
NOW
THEREFORE IT IS AGREED:
1.
The
Assignor hereby assigns the Lease to the Assignee;
2.
The
Assignee, upon the execution of this agreement and upon the consent of the
owner
of the building, does hereby assume and undertake to perform all liabilities
enumerated on the Lease;
3.
The
Assignor does hereby assign to the Assignee all of its interest in the security
that it posted with 40 Wall Street, LLC, a limited liability company, pursuant
to the terms of the Lease;
4.
At the
termination of the Lease, the Assignee is at liberty to renew the Lease or
vacate the premises pursuant to the terms to the Lease;
5.
The
Assignor has no right to re-enter the premises at the expiration of the
Lease;
6.
This
assignment is subject to the acknowledgement and consent of 00 Xxxx Xxxxxx,
LLC,
that the Lease is valid, subsistence, and that there are no defaults therein,
and the security deposits being held, as indicated herein, are still intact;
7.
00
Xxxx Xxxxxx, XXX, pursuant to the Lease will not release the Assignor from
its
liability under the terms of this lease;
IN
WITNESS THEREOF dated 1st
day of
December 2005.