Sublease Agreement
This sublease is made between:
HyPower Fuel Inc. hereinafter referred to as the (the Sublandlord)
And
I Link Telecom Inc. hereinafter referred to as the (the Subtenant)
Whereas GLENMAC CORPORATION LTD. hereinafter referred to as the (the
Landlord) and the Sublandlord have entered into a lease of premises hereinafter
referred to as "the premises", as per "Exhibit A" which a copy is attached to
this agreement;
And whereas the Sublandlord and the Subtenant wish to enter into a Sublease
for a portion of the premises as per "Exhibit B" (office C and office E), of
which a copy is attached to this agreement is hereinafter referred to as the
"Sublease" for the balance of the term of the lease less one day;
The Sublandlord and Subtenant agree as follows;
1. The Sublandlord, hereby subleases the premises to the Subtenant to have and
to hold for the balance of the term of the Lease less one day, commencing
on FEBRUARY 1, 1999 and terminating on March 30, 2000.
The Subtenant, however, may not assign or sublease it's interest in the
premises without the consent of the Sublandlord, which consent expressly
may be unreasonably withheld.
2. The Subtenant agrees to pay, and Sublandlord agrees to accept, as rent for
the use and occupancy of the sublease premises (office C and office E) and
one parking stall, the sum of $625.00 (six hundred and twenty-five dollars)
payable in advance of the 1st day of each month at the address specified in
this Sublease for the services of notices to Sublandlord or at such other
address as Sublandlord may from time to time designate by written notice
served upon the Subtenant. Rent for any broken portion of a calendar month
in which this Sublease terminates will be prorated
3. The Subtenant agrees to observe and perform all of the Sublandlord's
covenants in the lease part from the payment of the rent and additional
rent to the Landlord.
4. The Subtenant shall be subject, as regards both the Landlord and the
Sublandlord to the same obligations and limitations of liability with
respect to damages, loss or injury as are set out in the Lease between the
Landlord and Sublandlord.
5. The Sublandlord covenants with the Subtenant the right to quiet enjoyment
of the premises, but Subtenant shall not annoy, harass, endanger or
inconvenience any other tenant of the building nor commit any act that
might disturb the quiet enjoyment of any other tenant of the building.
6. The provisions of the Lease between the Landlord and the Sublandlord
regarding the Landlord's remedies against the Sublandlord and the premises
in connection with the Sublandlord's default under the Lease are hereby
incorporated in this Sublease for the Sublandlord's benefit against the
Subtenant and the premises in connection with the Subtenant's default under
this Sublease.
7. Except as otherwise expressly provided by law, all notices or other
communications required or permitted by this lease or by law to be served
on or given to either party by the other party shall be in writing and
shall be deemed duly served and given when personally delivered to the
party. Sublandlord or Subtenant, to whom it is directed or, in lieu of such
personal service, when deposited in the Canadian mail first-class postage
prepaid, addressed to Subtenant at the address of the premises or to the
Sublandlord at #000-000,00xx Xxxxxx X.X., Xxxxxxx, Xxxxxxx X0X 0X0. Either
party, Sublandlord or Subtenant, may change its address for purposes of
this paragraph by giving written notice of the change to the other party in
the matter provided in this paragraph.
8. Should any litigation be commenced between the parties to this Sublease
convening the premises, this Sublease or the rights and duties of the
either in relation thereto, the party, Sublandlord or Subtenant, prevailing
in such litigation shall be entitled to, in addition to such other relief
as may be granted, a reasonable sum for legal gees to be determined by the
court in such litigation or in separate action brought for that purpose.
Executed this 1 st day of February 1999 in Calgary, Alberta.
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Sublandlord _________________
HyPower Fuel Inc.
Subtenant _____________________
I Link Telecom Inc.
