CONSENT TO SUBLEASE
EXIBIT 10.5
This
Agreement is made and entered into
this 4th
day of
April, 2008 by and between Anex Offices (hereinafter referred to as Landlord")
Xxxxxxx Xxxxxxxx, (hereinafter referred to as "Tenant) and Interactive
Entertainment Group, (hereinafter referred to as subtenant”).
WITNESSETH:
Whereas,
Tenant entered into a Lease
Agreement dated April 4, 2008
With
Anex Office a
Florida limited partnership, for approximately 300 rentable square feet of
floor
space (the "Premises") in the Anex Offices located at 0000 0xx
Xxxxxx,
Xxxxx 000 Xxxxx Xxxxx, Xx (hereinafter the Lease Agreement, as amended, shall
be
referred to as the "Lease").
Whereas,
Landlord is successor in
interest to Anex Offices under the Lease by virtue of its acquisition of
the
lease and the underlying real property.
Whereas,
Tenant desires to sublease the
Premises to Subtenant:
Now
therefore, in consideration of the
foregoing and the mutual covenants and conditions contained herein, the parties
agree as follows:
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1.
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Landlord
hereby consents to the Sublease between Tenant and
Subtenant. Tenant acknowledges that the consent shall not
release Tenant from any of its obligations under the
Lease.
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2.
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Tenant
hereby acknowledges that Landlord is not in default of any of its
obligations under the lease and that Tenant hereby waives all defenses,
set-offs and counterclaims in Landlord's right to enforce the
Lease.
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3.
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Subtenant
hereby acknowledges that it is in receipt of a copy of the
Lease. Subtenant agrees to abide by all covenants and
conditions of the Lease. Subtenant shall pay the amount of
$135.99 per month of the total $1,631.88 for the use of office
space from
Tenant. Tenant shall be responsible for Subtenant's compliance
with all
covenants and conditions of the Lease. In the event of a
default by Subtenant of any term or condition of the Lease, said
default
shall also constitute a default by Tenant under the
Lease. Landlord shall have the option of pursuing any an all
remedies afforded to it pursuant to the lease or under the law,
directly
against Tenant, Subtenant or both. Subtenant hereby consents to
Landlord's right to enforce all covenants and conditions of the
Lease
directly against Subtenant, except that Subtenant shall not be
obligated
to Landlord for any rent or additional rent as defined in the
Lease.
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4.
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Any
and all rights and remedies which available to Landlord as set
forth in
the Lease
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as
to
Tenant, shall also apply to Subtenant, including but not limited to
Landlord's right
to evict Subtenant from the premises. Any action on the part of the
Landlord, or failure of Landlord to avail itself of any right or remedy which
may have against Subtenant, shall not be deemed a waiver by Landlord of any
right or remedy which it may have against Tenant. Similarly, any
action on the part of the Landlord or failure of Landlord to avail itself
of any
right or remedy which it may have against Tenant shall not be deemed to be
a
waiver of by Landlord of any right or remedy which it may have against
Subtenant.
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5.
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If
any party hereto commences an action against any of the other parties
arising out of or in connection with this Consent to Sublease,
the
prevailing party shall be entitled to recover from the losing party
reasonable attorney’s fees and costs of the
suite.
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6.
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Any
notice of communication that Landlord, Tenant or Subtenant desires
to give
or is required to give to the other(s) shall be in writing and
either
served personally or sent by prepaid, registered or certified mail,
return
receipt requested, or by any reputable "overnight" or "one day"
mailing
service, addressed to such other party at the addresses set forth
below. Notice shall be deemed communicated within (3) business
days from the date of mailing or on the actual date of receipt,
whichever
date is earlier if mailed as provided in this paragraph. The
addresses for notices to Landlord, Tenant and Subtenant are as
follows:
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LANDLORD
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Anex
Xxxxxx
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0000
0xx
Xxxxxx,
Xxxxx 000
Xxxxx
Xxxxx, Xx 00000
TENANT
Xxxxxxx Xxxxxxxx
000
X. Xxxxx Xxx. Xxxxx
000
Xxxx
Xxxx Xxxxx, Xx 00000
SUBTENANT
Interactive Entertainment Group
000
X. Xxxxx Xxx. Xxxxx 000
Xxxx
Xxxx Xxxxx, Xx 00000
The
Consent to Sublease may not be amended, supplemented, waived or changed orally,
but only by writing signed by all of the parties hereto.
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7.
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If
there are any inconsistencies between this Consent To Sublease
and the
Sublease Agreement, the provisions of this Consent To Sublease
shall
prevail
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8.
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This
Agreement and all transactions contemplated by this Agreement shall
be
governed by and construed and enforced in accordance with, the
internal
laws of the state of Florida without regard to principles of conflicts
of
laws.
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In
witness whereof, all parties hereto, by their respective agents, have caused
this Agreement to be signed as of the day and year first above written, and
this
Agreement shall be binding upon and shall inure to the benefit of the parties
hereto and their successors, transferees and assigns.
LANDLORD:
Anex Office
____________________________
By: __________________________
Witness
Xxxxx Xxxxxx Assistant Manager
____________________________ ______________________________
Date Date
Date Date
SUBTENANT:
____________________________
Witness By
__________________________.
____________________________ ______________________________
Date Date
Telephone: (__ )___________
Fax: ( )___________
TENANT
____________________________
Witness
By __________________________.
_____________________________ __________________________
Date Date
Date Date
