EXHIBIT 10.15
AGREEMENT
THIS AGREEMENT is made as of this 1st day of January, 1996, by GAZIT
U.S.A., INC. ("Gazit") and EQUITY ONE, INC. ("Equity One").
W I T N E S S E T H :
WHEREAS, Equity One has agreed to permit Xxxxx Xxxxxxx, or any of
Gazit's employees, to use Equity One's facilities, equipment, supplies and
personnel to conduct Gazit's and Xxxxxxx'x business affairs, particularly as
they may relate to Gazit; and
WHEREAS, Gazit has agreed to reimburse Equity One for Gazit's and
Xxxxxxx'x use of Equity One's facilities and personnel.
NOW, THEREFORE, in consideration of the foregoing recitals, which the
parties hereto acknowledge and agree are true and correct, and other good and
valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. Commencing on January 1, 1996, and on the first day of every
calendar quarter thereafter, Gazit hereby agrees to pay to Equity One the sum of
$2,500.00 for Gazit's and Xxxxxxx'x use of Equity One's facilities, equipment
(including fax machines, telephones, and long distance tolls), supplies and
personnel for the conduct of Gazit's business affairs not related to Equity One.
2. Gazit's permitted use provided herein and Equity One's obligation
herein may terminate upon the termination of the Employment Agreement between
Xxxxxxx and Equity One, regardless of the basis for termination, and upon not
less than 30 days' prior written notice by Equity One to Gazit.
3. Any party may, at its discretion, waive in writing any or all of the
conditions herein contained to which its obligations hereunder are subject,
provided that neither failure nor delay on the part of a party to exercise any
right, power or privilege hereunder shall operate as a waiver thereof, nor shall
any singular or partial exercise of any right, power or privilege hereunder
preclude any other or further exercise thereof or the exercise of any other
right, power or privilege. No waiver of any of the provisions of this Agreement
shall be deemed or shall constitute a waiver of any other provisions hereof
(whether or not similar), nor shall such waiver constitute a continuing waiver
unless otherwise expressly provided.
4. If any provision of this Agreement should be determined by a court
of competent jurisdiction to be invalid, illegal or unenforceable, then that
determination shall not affect or impair the validity, legality, or
enforceability of any of the remaining
provisions contained herein.
5. If any legal proceeding is brought by a party to this Agreement to
enforce its provisions, or to seek remedy for any breach hereof, then the
prevailing party shall be entitled to receive its reasonable attorneys' fees and
disbursements incurred in connection with such legal proceeding, including fees
and expenses incurred in any appellate proceedings, from the non-prevailing
party.
6. Time is of the essence with respect to the terms and provisions of
this Agreement.
7. This Agreement shall be governed in accordance with the laws of the
State of Florida and venue for any claim hereunder shall be in any court of
competent jurisdiction sitting in Dade County, Florida.
8. Gazit may assign its rights, duties and obligations to and other of
its affiliates, upon written notice to Equity One.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the date above written.
EQUITY ONE, INC.
By: /s/ XXXXX XXXXXX
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Name: Xxxxx Xxxxxxx
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Title:
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GAZIT U.S.A., INC.
By: /s/ XXXXX XXXXXX
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Name: Xxxxx Xxxxxxx
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Title:
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/s/ XXXXX XXXXXXX
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XXXXX XXXXXXX
