Exhibit 10.13
FIRST AMENDMENT TO SUBLEASE
This FIRST AMENDMENT TO SUBLEASE (the "Amendment"), made as of the 30th day
of August, 2002, by and between Catalyst Operations, Inc., a Connecticut
corporation, having an address at 00 Xxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxx,
Xxxxxxxxxxx 00000 ("Sublessor"), and 0xxxxxxxx.xxx, Inc. n/k/a 4net Software,
Inc., a Delaware corporation, having an address at 00 Xxxxx Xxxxxx, Xxxxx 000,
Xxxxxxxxxx, Xxxxxxxxxxx 00000 ("Sublessee"),
W I T N E S S E T H:
WHEREAS, Sublessor and Sublessee, entered into the Sublease, dated as of
February 1, 2001 (the "Sublease"), with respect to the premises known as 00
Xxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxx, Xxxxxxxxxxx 00000 (the "Premises"); and
WHEREAS, Sublessor and Sublessee wish, to modify and amend the terms of the
Sublease as set forth herein;
NOW, THEREFORE, in consideration of the premises, the covenants contained
herein and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Sublessor and Sublessee hereby agree as follows:
1) Paragraph 1 of the Sublease shall be amended by adding the following
sentence to the end of Paragraph 1:
Lessee shall be entitled to terminate the Sub-Lease upon thirty (30) days
written notice to the Lessor.
2. Paragraph 2 of the Sublease shall be amended by deleting such
Paragraph 2 in its entirety and substituting therefor the following:
Lessee covenants to pay to Lessor as a net minimum rent (the "Fixed
Rent") during the Lease Term twelve thousand dollars ($12,000.00) per
annum.
The Fixed Rent shall be payable in advance in equal monthly
installments of one thousand dollars ($1,000.00) on the first day of
each calendar month. If the Lease Term does not commence on the first
day of a month, the Fixed Rent for the month in which the Lease Term
commences shall be appropriately apportioned. The first installment of
Fixed Rent shall be paid simultaneously with the execution of this
Lease. Each date on which Fixed Rent is payable hereunder is
hereinafter referred to as a "Rent Payment Date".
Lessee also covenants to pay, from time to time as provided in this
Lease, as Additional Rent, all other amounts and obligations which
Lessee assumes or agrees to pay under this Lease. If Lessee fails to
pay any such Additional Rent, Lessor shall have all the rights, powers
and remedies provided for in this Lease or at law or in equity or
otherwise in the case of nonpayment of rent. All Fixed Rent and
Additional Rent (collectively hereinafter referred to as "Rent") shall
be paid in such coin or currency (or, subject to collection, by good
check payable in such coin or currency) of the United States of
America as at the time shall be legal tender for the payment of public
and private debts, at the office of Lessor as set forth above, or at
such place and to such person as Lessor from time to time may
designate.
3. Paragraph 12 of the Sublease shall be amended by deleting such
Paragraph 12 in its entirety and substituting therefor the following:
Lessee shall pay fifty dollars ($50.00) per month for all public or
private utility services and all sprinkler systems and protection
services at any time rendered to or in connection with the Demised
Premises or any part thereof; shall comply with all contracts relating
to any such services; and shall do all other things required for the
maintenance and continuance of all such services.
4. This Amendment shall be effective September 1, 2002.
5. Except as herein expressly provided, the Sublease shall remain
unmodified and in full force and effect and, as modified hereby, represents the
entire agreement of the parties and may not be modified, amended or altered
except in writing signed by both parties.
IN WITNESS WHEREOF, this Amendment is executed and delivered by the duly
authorized representatives of the parties as of the date first set forth above.
SUBLESSOR: SUBLESSEE:
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CATALYST OPERATION, INC. 4NET SOFTWARE, INC.
By: By:
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Name: Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx
Title: President Title: President
