Exhibit 10(a)
SUBLEASE FOR PENTHOUSE
Agreement made and entered into as of this 1st day of July, 1997, between
and among Xxxxxx Associates, having an office at 00-00 Xxxxxxx Xxxxx Xxxx.
Xxxxxxx, Xxx Xxxx 00000; Rose Associates, having an office at 000 Xxxxxxxx, Xxx
Xxxx, Xxx Xxxx 00000 (both such entities being hereinafter collectively referred
to as "Rose"); Electric Curtain Incorporated ("Subtenant"), having an office at
000 Xxxxxxxx, Xxxxx 000X, Xxx Xxxx, XX 00000, and Stellar Graphics Corp.
("Stellar") having an office at 000 Xxxxxxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, XX
00000.
1. There currently exists a lease for Xxxxxxxxx Xxxxx 000X dated September
1, 1994 between Rose and Stellar (herein known as the "Lease"). Stellar does
hereby sublet the premises presently occupied by it and known as Xxxxxxxxx Xxxxx
000X (the "Premises") to Subtenant on the following terms and conditions:
(a) the sublease shall commence on July 1, 1997 and shall terminate on
February 28, 1998.
(b) the rent, two thousand two hundred dollars and no cents
($2,200.00) per month shall be payable at the beginning of each month.
(c) Subtenant shall make no changes to the Premises except as
permitted in writing by Rose and Stellar. The consent of Stellar shall not be
unreasonably withheld or delayed provided Subtenant, prior to the making of any
such change agrees in writing that prior to the expiration of the term of this
Sublease, Subtenant shall restore the Premises to its condition prior to the
making of the change.
(d) Subtenant shall keep and perform all of the terms and conditions
of the Lease during the term of its tenancy.
2. Rose does hereby agree to the sublease of the Premises for use as an
office and the placement of computer terminals and equiment used by Subtenant
in connection with its business and in accordance with the provisions of this
Agreement.
3. Rose, Subtenant and Stellar all agree that all payments made pursuant to
the Sublease shall be paid directly by Subtenant to Stellar. Notwithstanding the
fact that Stellar will make payments directly to Rose, the acceptance of such
payments shall not confer the
status of Tenant upon Subtenant and further Stellar shall remain primarily
liable for all provisions and covenants of the Lease.
4. Rose agrees to give Stellar a copy of any notice of default or other
notice, which it may deliver immediately to Subtenant pursuant to the Lease or
by reason of Subtenant's use and/or occupation of the Premises. In the case of
such default Subtenant shall have 21 days to vacate.
5. Subtenant shall have the Premises covered under its insurance policy
with Stellar named as additional insured.
6. Upon the execution and delivery of this Sublease by the parties hereto,
Subtenant shall pay to Stellar the sum of four thousand four hundred dollars and
no cents ($4,400.00) as security for the full and faithful performance of all of
the provisions of the Lease.
7. Rose represents and warrants to Subtenant that the sublease between Rose
and its landlord is in full force and effect. Stellar represents and warrants to
Subtenant that the Lease is in full force and effect and that there is no
material default under any provision of the Lease.
The foregoing has been executed by the parties hereto as of this 1st day of
July, 1997.
Xxxxxx Associates Stellar Graphics Corp.
by: by: /s/ Xxxx Xxxxx
______________________ ______________________
Rose Associates Electric Curtain Incorporated
by:______________________ By: /s/ Xxxx Xxxxxx Xxxxxxxxxx
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