EXHIBIT 10.10
LEASE
THIS LEASE is effective as of July 1, 2010 between HS Land & Cattle, LLC
(the "Lessor") and Synergy Resources Corporation (the "Lessee").
In consideration of the payment of the rent and the performance of the
covenants and agreements by the Lessee set forth below, the Lessor does hereby
lease to the Lessee the following described property:
00000 Xxxxxxx 00, Xxxxxxxxxxx, XX
TO HAVE AND TO HOLD the same with all the appurtenances unto the said
Lessee from twelve o'clock noon on the 1st day of July, 2010, and until twelve
o'clock noon on the 1st day of July, 2011, at and for a rental for the full term
of $120,000, payable $10,000 each month on the 1st day of each calendar month
during the term of this lease at the office of the Lessor.
The Lessee agrees:
1. To pay the rent for the premises above-described.
2. To allow the Lessor to enter upon the premises at any reasonable
hour.
3. To pay its prorata share of taxes and utilities, as determined by
Lessor, with respect to the building located on said premises.
4. Not to sub-lease said premises without consent of Lessor.
The Lessor agrees:
5. To keep all sidewalks on and around the premises free and clear
of ice and snow, and to keep the entire exterior premises free
form all litter, dirt, debris and obstructions; to keep the
premises in a clean and sanitary condition as required by the
ordinances of the city and county in which the property is
situate
6. To keep the improvements upon the premises, including sewer
connections, plumbing, wiring and glass in good repair, all at
Lessor's expense.
IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LESSOR AND LESSEE AS FOLLOWS:
7. No assent, express or implied, to any breach of any one or more
of the agreements hereof shall be deemed or taken to be a waiver
of any succeeding or other breach. Any payment by Lessee, or
acceptance by Lessor, of a lesser amount than due shall be
treated only as a payment on account.
8. If, after the expiration of this lease, the Lessee shall remain
in possession of the premises and continue to pay rent without a
written agreement as to such possession, then such tenancy shall
be regarded as a month-to-month tenancy, at a monthly rental,
payable in advance, equivalent to the last month's rent paid
under this lease, and subject to all the terms and conditions of
this lease.
THIS LEASE supersedes all prior agreements between the parties relating to
the subject matter of this lease and shall be binding on the parties, their
personal representatives, successors and assigns.
HS LAND & CATTLE, LLC SYNERGY RESOURCES CORPORATION
By /s/ Xxxxxxx X. Xxxxx By /s/ Xx Xxxxxxxx
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Xxxxxxx X. Xxxxx, Xx., Manager Xx Xxxxxxxx, Chief
Executive Officer
