AGREEMENT
AGREEMENT
THIS AGREEMENT (this “Agreement”) is made and entered into as of , 2005 by and between Xxxxxx
Corporation of Delaware, a Delaware Corporation (“Landlord”) and XRG, Inc. (“Tenant”).
WITNESSETH
A. Landlord and Tenant entered into that certain Lease Agreement dated July 29, 2004, (hereinafter
the “Lease”), for Xxxxx # 000 containing approximately 1,964 rentable square feet (the
“Premises”) of that certain office building located in Clearwater, Florida, known as the Atrium at
Clearwater (the “Building”);
B. Landlord and Tenant desire to enter into an Agreement as hereinafter set forth.
NOW, THEREFORE, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto, intending to be legally bound, do hereby agree as follows:
1. The foregoing recitations are true and correct and are incorporated herein by this reference.
2. Landlord hereby agrees to release Tenant from the subject Lease Agreement provided Tenant
performs in accordance with the following conditions:
| a. | The amount of $4,800.02 shall be paid by Tenant to Landlord on or before September 2,2005. | ||
| b. | The amount of $6,304.44 shall be paid by Tenant to Landlord on or before September 30, 2005. | ||
| c. | Tenant shall forfeit the security deposit in the amount of $2,946.00 | ||
| d. | Tenant shall vacate the premises on or prior to September 30, 2005. |
3. If Tenant does not perform in accordance with the provisions of Paragraph 2 above, Tenant shall
be in default under the subject Lease Agreement and Landlord shall be entitled to all remedies
provided by the subject Lease Agreement.
4. This Agreement shall be construed and interpreted in accordance with the laws of the State of
Florida, contains the entire agreement of the parties hereto with respect to the subject matter
hereof, and may not be changed or terminated orally or by course of conduct, or by any other means
except by a written instrument, duly executed by the party to be bound thereby. No
representations, warranties, covenants or agreements have been made concerning or affecting the
subject matter of this Agreement, except as are contained herein and in the Lease. This Agreement
shall inure to the benefit of and shall be binding upon the parties hereto and their respective
successors and assigns.
5. Except as modified hereby, the Lease shall remain in full force and effect in accordance with
the terms and provisions thereof.
6. Tenant hereby represents and warrants to Landlord that this Agreement (and each term and
provision hereof), has been duly and appropriately authorized by Tenant through proper written
corporate action and approval, and no additional consent, agreement or approval is required with
respect hereto.
7. This Agreement may be executed in several counterparts, each of which shall be fully effective
as an original and all of which together shall constitute one and the same instrument. Signature
pages may be detached from the counterparts and attached to a single copy of this document to
physically form one document.
THIS AGREEMENT IS EXECUTED between the parties as of the day and year first written above.
| Signed, sealed and delivered in the | TENANT: XRG, Inc. | |||||||||||||
| Presence of: | ||||||||||||||
By:
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By: | |||||||||||||
| Print name: | Print Name: | |||||||||||||
| Title: | ||||||||||||||
By:
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Dated: | |||||||||||||
| Print Name: | ||||||||||||||
| LANDLORD: Xxxxxx Corporation of Delaware, | ||||||||||||||
| a Delaware Corporation | ||||||||||||||
By:
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By: | |||||||||||||
| Print name: | Print Name: | |||||||||||||
| Title: | ||||||||||||||
By:
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Dated: | |||||||||||||
| Print Name: | ||||||||||||||
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