Exhibit 10.4
SUBLEASE AGREEMENT
THIS SUBLEASE AGREEMENT ("Sublease") is executed this 1st day of April
2004, by and between The Customized Box Company, a California corporation
("Sublessor"), and American Soil Technologies, Inc., a California corporation
("Sublessee"). Sublessor and Sublessee shall hereinafter sometimes be referred
to individually as the "Party" and collectively as the "Parties."
RECITALS
A. On November 17, 2003, Sublessor, as Lessee, entered into a written lease
(hereinafter "Master Lease") for premises at 00000 Xxxxxxxx Xxxxxx, Xxxxxxx, XX
00000 (hereinafter "Master Premises"). A copy of the Master Lease is attached
hereto. By the terms of the Master Lease, the Master Premises are leased to
Sublessor for a term of five years, commencing on January 1, 2004, and ending on
December 31, 2008;
B. Sublessor desires to sublease to Sublessee desires to lease
approximately 923.50 square feet of the Master Premises (herinafter, the
"Premises") under the terms of the Master Lease, and Sublessee the Premises from
Sublessor.
C. The Lessor under the Master Lease shall consent to this Sublease by
executing the "Consent of Lessor" provision at the end of this Sublease.
NOW THEREFORE, in consideration of the foregoing Recitals, which are made a
part of this Sublease, and the promises, conditions, and covenants contained
herein, Sublessor and Sublessee agree as follows:
1. LEASE OF PREMISES. Subject to the terms, conditions, and covenants set
forth in this Sublease, Sublessor hereby leases to Sublessee, and Sublessee
hereby rents from Sublessor, the Premises.
2. TERM. This Sublease shall commence on April 1, 2004 and terminate
December 31, 2008, unless sooner terminated upon written notice by either Party
or by operation of this Sublease.
3. RENT. Sublessee shall pay to Sublessor as rent for the Premises $554 per
month payable in advance on the first day of each calendar month during the
term, commencing on April 1, 2004. Rent shall be paid to Sublessor at 00000
Xxxxxxxx Xxxxxx, Xxxxxxx, XX 00000 , or at any other place designated in writing
by Sublessor. Sublessee shall also pay the proportionate share of the Cost of
Living (COLA) adjustments as set forth in the Addendum to the Master Lease to be
assessed on September 1, 2005 and May 1, 2007.
4. USE OF THE PREMISES. Sublessee shall use the subleased premises for
business office purposes.
5. CONDITION OF PREMISES. Sublessee agrees that its act of taking
possession will be an acknowledgment that the Premises are in a tenantable and
good condition..
6. APPLICABILITY OF MASTER LEASE. This Sublease is subject and subordinate
to the terms, conditions and limitations contained in the Master Lease.
7. TERMINATION OF MASTER LEASE. If the Master Lease is terminated, this
Sublease shall terminate simultaneously and the Sublessor and Sublessee shall
thereafter be released from all obligations under this Sublease, and Sublessor
shall refund to Sublessee any unearned rent paid in advance.
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8. CHOICE OF LAW. This Sublease and the rights of the parties hereunder
shall be governed by and construed in accordance with the laws of the State of
California including all matters of construction, validity, performance, and
enforcement and without giving effect to the principles of conflict of laws.
9. JURISDICTION. The parties submit to the jurisdiction of the Courts of
the County of Los Angeles, State of California or a Federal Court empaneled in
the State of California for the resolution of all legal disputes arising under
the terms of this Sublease, including, but not limited to, enforcement of any
arbitration award.
10. COUNTERPARTS. This Sublease may be executed in several counterparts and
it shall not be necessary for each party to execute each of such counterparts,
but when all of the parties have executed and delivered one of such
counterparts, the counterparts, when taken together, shall be deemed to
constitute one and the same instrument, enforceable against each party in
accordance with its terms.
11. FACSIMILE SIGNATURES. The parties hereto agree that this Sublease may
be executed by facsimile signatures and such signatures shall be deemed
originals.
IN WITNESS WHEREOF this Sublease is executed on the day and year first
written above.
SUBLESSOR:
THE CUSTOMIZED BOX COMPANY,
a California corporation
/s/ Xxxxxxx Xxxxxxx
--------------------------
By: Xxxxxxx Xxxxxxx
Its: President
SUBLESSEE:
AMERICAN SOIL TECHNOLOGIES, INC.,
a Nevada corporation
/s/ Xxxx X. Xxxxx
--------------------------
By: Xxxx X. Xxxxx
Its: CEO, President
CONSENT OF LESSOR
The undersigned is the Lessor under the Master Lease described in the
foregoing Sublease and hereby consents to the sublease of the Premises described
in this Sublease to American Soil Technologies, Inc., a Nevada corporation.
/s/ Xxxxxxx Xxxxxxxxx
----------------------------
Xxxxxxx Xxxxxxxxx
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