EXHIBIT 10.31
eOfficeSuites, Inc.
OFFICE LEASE
BASIC PROVISIONS
A. Parties. This Lease ("Lease"), dated for reference purposes only, September
27, 1999 is made by and between eOfficeSuites, Inc., a California
corporation (hereinafter "Landlord") and SportsPrize Entertainment, Inc., a
Nevada Corporation (hereinafter "Tenant"), (collectively the "Parties," or
individually a "Party").
B. Premises: That certain Suite commonly known by space number 131
(hereinafter "Premises") as shown on Exhibit "B" attached hereto and
located within an office building, and street address of 00000 Xxxxxxxxxx
Xxxxxxxxx, in the City of Xxxxxx City, County of Los Angeles, State of
California ("Building").
C. Term. Two (2) months and Zero (0) days ("Original Term") commencing October
1, 1999 Commencement Date") and ending November 30, 1999 ("Ending Date").
RECURRING MONTHLY RENT
D. Base Rent. Monthly base rent payable on the first
day of each month of $4,000
Commencing October 1, 1999. A late fee will be charged of ten percent (10%)
of any amount due if more than five (5) days late.
E. Additional Rent.
(i) Telephone lines and voice mails 3 @ $125.00 = $375
(ii) Additional Telephone Line(s): @ $ 25.00 =
(iii) Additional Telephone Instrument(s): 4 @ $ 25.00 = $100
(iv) High Speed Internet Service: 6 @ $ 69.00 = $414
(v) E-Mail Boxe(s): @ $ 10.00 =
(vi) Additional Voice Mail: @ $ 10.00 =
(vii) Parking Space(s): 3 Tandem 6 @ $ 65.00 = $390
(viii) Storage Space(s): @ $ 50.00 =
(ix) Other: @ =
TOTAL RECURRING ADDITIONAL RENT $1,279
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TOTAL MONTHLY RENT (plus Monthly Variable Rent) see Paragraph 5B: $5,279
F. Monthly Variable Rent. Tenant's monthly credit limit for telephone usage,
overnight mail service, photocopying, and other related services shall not
exceed N/A in any single month, Paragraph 5B.
NON-RECURRING EXPENSE
G. Move In Fee. Tenant shall pay to Landlord a move in fee
in the amount of: $450
H. Internet. High speed internet service (T1 internet installation) of: $125
I. Telephone Installation. Amount for initial telephone installation of: $125
J. Pro Rata First Month Rent: N/A
K. (Payable ) N/A
L. Security Deposit. Security Deposit of $5,279
TOTAL NON-RECURRING EXPENSES $5,979
TOTAL AMOUNT DUE AT LEASE SIGNING $16,537
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L. Permitted Use: General Business Office Use: and limited to no more than 8
persons working from said Premises.
M. Parking Spaces. Tenant is granted 3 tandem reserved parking space(s).
N. Guarantor. The obligations of the Tenant under this Lease are to be
guaranteed by None("Guarantor"), Exhibit "B".
O. Addenda. N/A.
P. Furnishing. Landlord will provide office furniture to Tenant for use in the
Premises as more particularly described in Exhibit "C" attached hereto.
Q. SERVICES INCLUDED WITH BASE MONTHLY RENT
Voice mail; (ii) 15 hours free use of furnished conference room or office
for meetings per month (not cumulative). Additional hours of use will be
billed at the rate established in the Price Schedule; (iii) Company name
identification on suite door and on Building directory; (iv) Daily mail
sorting; (v) Telephone system, professional staff to answer phone; (vi)
Janitorial services and utilities (excluding telephone).
R. SERVICES NOT INCLUDED IN THE BASE MONTHLY RENT
(i) Word processing, facsimile, postage, photocopying and other support
services; (ii) High speed Internet access; (iii) E-Mail; (iv) Web Hosting
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GENERAL PROVISIONS
1. PARTIES. This Lease is made by and between eOfficeSuites, Inc. (hereinafter
called "Landlord") and Tenant as shown on the Basic Provisions, Page 1,
Section A.
2. PREMISES. Landlord agrees to lease to Tenant and Tenant agrees to lease
from Landlord the following portions of the Building located at 00000
Xxxxxxxxxx Xxxxxxxxx, Xxx Xxxxxxx, Xxxxxxxxxx 00000 ("Building").
(a) An exclusive right to occupy Suite No(s) as identified on Basic
Provisions, Page 1, Section "B"; ("Premises") with all its
improvements and furnishings; and,
(b) A non-exclusive right in common with other Tenants of the Building to
use the Reception Room, Conference Room(s) and such other common areas
provided for Tenant use in the Building by Landlord. Tenant further
agrees to abide by the rules and regulations governing the use of said
common area facilities as set forth by Landlord from time to time.
3. TERM. The Term of this Lease shall be for the period as specified in the
Basic Provisions, Page 1, Section C.
4. POSSESSION. If Landlord, for any reason whatsoever, cannot deliver
possession of the said Premises to the Tenant at the commencement of the
Term hereof, this Lease shall not be void or voidable, nor shall Landlord
be liable to Tenant for any loss or damage resulting therefrom, nor shall
the expiration date of the above Term be in any way be extended, but in
that event, all rent shall be abated during the period between the
commencement of said Term, and the time when Landlord delivers possession.
Any occupancy prior to the commencement date hereof, shall be subject to
all of the provisions of this Lease. If Landlord cannot deliver possession
on the commencement date of this Lease, either Landlord or Tenant may
cancel this Agreement.
5. (A) RENT Tenant agrees to pay to Landlord as rent for the Premises being
the monthly sum as stated in the Base Provisions, Page 1 Section "D",
Additional Rent, (Section "E") and monthly Variable Rent, Section "F"
(and Paragraph 5B below) on or before the FIRST of each month, except
that the first month's rent shall be paid upon the execution hereof.
Rent for any period during the term hereof which is for less than one
(1) month shall be a prorated portion of the monthly rent herein,
based upon a thirty (30) day month. Tenant agrees to pay rent for the
entire term of the Lease. Said rent shall be paid to Landlord without
deduction or offset. Said payments shall be made payable to:
eOfficeSuites, Inc., 00000 Xxxxxxxxxx Xxxxxxxxx, Xxxxx 000, Xxx
Xxxxxxx, XX 00000 or to such other person or at such other place as
Landlord may, from time to time, designate in writing.
(B) Rent shall include, Base Rent, Additional Rent and Monthly Variable
Rent which includes but is not limited to, telephone charges,
photocopying, facsimile, overnight mail service, etc. provided by
Landlord to Tenant or any charges arising out of Tenant's use of the
Premises as provided for herein shall all be deemed Rent. Failure to
pay Rent, when due shall constitute an event of material default under
this Lease.
7. SECURITY DEPOSIT. Upon execution of this Lease by Tenant, Tenant will pay
Security Deposit in the amount of as shown on the Basic Provisions, Page 1,
Section "L" with payment made payable to Landlord. Said Security Deposit
will not be interest-bearing to Tenant. Said Security Deposit shall not be
applied as Rent by Landlord or Tenant except however, upon termination or
upon default of this Lease, Landlord may claim and retain such amount of
said Security Deposit as is reasonably necessary to remedy any default of
the Tenant in the payment of Rent, to damages to the Premises including
Landlord's furnishings caused by Tenant (excluding normal wear and tear) or
such other sums owed by Tenant to Landlord. Tenant acknowledges inspection
of the flooring, wall covering, ceiling and door(s)
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and furnishing (described in Exhibit "C") hereto, by taking possession of
the Premises, Tenant acknowledges that the Premises and all its furnishings
are in good order and condition except as otherwise stated herein. In the
event Tenant has paid all of the Rent and leaves the Premises in good
condition and other sums due under this Lease, Landlord shall return to
Tenant said Security Deposit, less any offsets from above, within thirty
(30) days after Tenant vacates the Premises.
8. USE. Tenant shall use the Premises for general office purposes only and
shall not use or permit the Premises to be used for any other purpose
without the prior written consent of Landlord. Tenant shall not have more
than the number of persons as shown on the Basic Provisions, Page 1,
Section L, occupy the Premises on its behalf and only occupy the Premises
for the stated business purpose. Tenant shall not do or permit anything to
be done in or about the Premises which will in any way obstruct or
interfere with the rights of other tenants, occupants or use of the
Building, or which shall increase the fire insurance rate or the liability
insurance rate on the Building. In addition, Tenant shall not use or permit
anything to be done in or about the Premises which violates any law,
statute, ordinance or governmental rule or regulation now in force or which
may hereafter be enacted or promulgated. Tenant shall not use or store
items on the Premises or in the Building including possessing any hazardous
or toxic substances. Tenant shall be responsible for any and all costs of
said violations, and shall hold Landlord harmless from any such claims
against Landlord caused by Tenant's acts or actions.
9. ALTERATIONS, ADDITIONS AND REPAIRS. Landlord shall provide carpets, window
coverings and furnishings. Without exception, tenant shall not make any
alterations, additions or improvements to or of the Premises or any part
thereof without the prior written consent of Landlord. Any alterations or
improvements to or of said Premises, including but not limited to wall
coverings, paneling and built-in cabinet work, and private security alarms
shall, on the expiration of the term hereof, become a part of the realty
and belong to Landlord and shall be surrendered with the Premises. Damage
caused by the removal of any trade fixtures shall be the responsibility of
Tenant. In the event Landlord consents to the making of any alterations,
additions or improvements to the Premises by Tenant, the same shall be made
by Tenant at Tenant's sole cost and expense. Upon expiration or sooner
termination of the term hereof, Tenant shall, upon written demand by
Landlord, at Tenant's sole cost and expense, forthwith and with all due
diligence, remove any alterations, additions or improvements made by Tenant
designated by Landlord to be removed, and Tenant shall, forthwith and with
all due diligence at its sole costs and expense, repair any damage to the
Premises caused by such removal prior to Tenant's vacating Premises. It is
understood and agreed that Landlord is under no obligation to make any
repairs, alterations, replacements or improvements to the Premises. Tenant
may not make any penetration into the walls, ceilings, roof, floors, except
for hanging of no more than three (3) pictures per Premises. Tenant shall
be liable for any damage caused by any penetration.
Landlord shall repair and maintain, within a reasonable period of time, the
structural portions of the Building, including the basic plumbing, air
conditioning, heating and electrical systems, installed or furnished by
Landlord, unless such maintenance and repairs are caused in part or in
whole by the act, neglect, fault or omission of any duty by Tenant, its
agents, invitees or employees, in which case Tenant shall be responsible to
pay the reasonable cost of such maintenance and repairs.
Landlord may in the future remodel or refurbish portions of the Building.
Such remodeling and/or refurbishing may include Tenant's Premises. Tenant
further agrees that Tenant will not, through any act or omission on the
part of Tenant, in any way hinder, impede, or frustrate the efforts of the
Landlord in completing such remodeling or refurbishing in a timely fashion.
10. LIENS. Tenant shall keep the Premises and the Building free from any liens
arising out of any work performed or from any obligations incurred by
Tenant, or permit the use of the leased Premises by any person or persons
other than Tenant.
11. ASSIGNMENT AND SUBLETTING. Tenant shall not assign or sublet or permit the
use of the Premises by any person or persons other than Tenant without the
prior written approval of Landlord.
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Any subletting or assignment of this Lease or the Premises which is not in
compliance with the provisions of this paragraph shall be void and shall,
at the option of Landlord, terminate this Lease. The consent by Landlord to
a subletting or an assignment shall not be construed as releasing Tenant
from any liability or obligation hereunder. In no event shall Tenant sublet
all or any part of the Premises for a rent greater than Tenant is paying to
Landlord. This includes no assignment or sublease by Tenant to any
corporation or entity in which more than twenty-five percent (25%) for
Tenant's Premises.
12. TELEPHONE SYSTEM. The exclusive telephone system for the Premises will be
provided by Landlord for which Tenant will be obligated to pay on at least
a monthly basis all charges and costs in connection therewith as part of
the monthly variable Rent as provided for in Page 1, Section "E" and
Paragraph 5B of this lease together with Tenant's payment of Monthly Base
Rent and Additional Rent. Tenant is not to use or have installed any other
telephone service onto the Premises other than provided by Landlord. Tenant
has been provided with a credit limit, see Basic Provisions, Page 1,
Section F of this Lease. If Tenant should exceed said credit during or at
the end of any monthly period, Tenant agrees that Landlord without notice
shall have the right to immediately disconnect Tenant's telephone services
and cease all other services under Basic Provision Section, E and paragraph
5 of this Lease including not answering Tenant's telephone by the
receptionist and all other additional rent services until paid in full.
13. INDEMNIFICATION. Tenant shall at all times mentioned herein (including
paragraph 20. Default) indemnify and hold Landlord harmless from any and
all costs, claims or liability of any kind including direct, indirect,
incidental, special or consequential damages arising out of: (a) Tenant's
use and occupancy of the Premises, (b) the conduct of Tenant's business or
any work, activity or other things allowed or permitted by Tenant to be
done in or on the Premises; (c) any breach or default in the performance of
any of Tenant's obligations under this Lease; (d) any misrepresentation or
breach of warranty by Tenant under this Lease; and/or (e) any other acts or
omissions of Tenant, its agents, employees or contractors; (f) loss of use
or change of any service provided by Landlord including telephone, internet
and others unauthorized access to or alteration of data, material sent or
received. As a material part of the consideration for Landlord's execution
of this Lease, Tenant hereby assumes all risk of damage to property or
injury to persons in, or about the Premises from any cause, and Tenant
hereby waives all claims in respect thereof against Landlord, except for
any claim arising out of Landlord's gross negligence or willful misconduct.
Tenant expressly agrees to waive, and agrees not to make any claim for
damages, direct or consequential, arising out of any failure to furnish any
service, error or omission with respect thereto, or any delay or
interruption of the same.
14. LIABILITY INSURANCE. Tenant shall, at Tenant's expense, obtain and keep in
force during the term of this Lease, a policy of comprehensive public
liability insurance with extended coverage insuring Landlord and Tenant
against fire, theft, or other insurable loss, any liability arising out of
the ownership, use, occupancy or maintenance of the Premises and all areas
appurtenant thereto. Tenant shall deliver to Landlord, prior to occupancy
of the Premises, copies of polices of liability insurance required herein
or certificates evidencing the existence and amounts of such insurance with
loss payable clauses satisfactory to Landlord and with Landlord being a
named insured. No policy shall be cancelable or subject to reduction or
coverage except after ten (10) days prior written notice to Landlord.
Tenant is urged to obtain business interruption insurance to cover any loss
caused by interruption of any Landlord services.
15. SERVICES AND UTILITIES. Throughout the term of this Lease, and all renewal
terms, Landlord, at its sole expense, shall furnish or cause to be
furnished to Tenant the following services and utilities:
(a) Electricity: Electric current in such quantities as Tenant may
reasonably require for ordinary lighting and light business machine
purposes;
(b) Air Systems: Heating, ventilation and air conditioning during regular
business hours as specified in the Rules and Regulations;
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(c) Exterior Maintenance: Maintenance of exterior surfaces and grounds
surrounding the Building, including both garage levels;
(d) Telephone; telephone system;
(e) Janitorial Services: Janitorial services as provided by Landlord shall
include, but shall not be limited to, the following: emptying of refuse
baskets, vacuuming of carpets, damp mopping of floors, cleaning of
bathrooms, supplying normal bathroom supplies and interior and exterior
window cleaning.
To the extent that Landlord provides Tenant with individual thermostats to
control the temperature in the Premises, Tenant shall be solely responsible
for any damage or problems caused by Tenant's improper use of said
thermostats. Further, Tenant shall not use any apparatus or device in the
Premises which will in any way increase the amount of electricity usually
furnished or supplies for the use of the Premises as general office space;
nor connect with electrical current except through existing electrical
outlets in the Premises, any apparatus or device for the purpose of using
electric current. In the event Tenant has an excess demand for electricity,
as determined by Landlord, Tenant agrees to pay Landlord as reasonable
power surcharge as estimated by a utility company or electrical engineer.
16. RULES AND REGULATIONS. Tenant shall faithfully observe and comply with the
rules and regulations that Landlord shall, from time to time, promulgate.
Landlord reserves the right, from time to time, to make all reasonable
modifications to said rules. The additions and modifications to those rules
shall be binding upon Tenant upon delivery of a copy of them to Tenant.
Landlord shall not be responsible to Tenant for the nonperformance of any
of said rules by any other tenants or occupants. Attached to and made a
part of this Lease is a list of rules and regulations which shall be signed
by Tenant and Landlord, and which shall be incorporated into the Lease.
17. HOLDING OVER. If Tenant remains in possession of the Premises or any part
thereof after the agreed upon Ending Date, such occupancy shall be a
tenancy from month-month at the normal monthly rental specified in "D" on
page 1, plus all other charges payable hereunder, and upon all the terms
hereof applicable to a month-to-month tenancy. Either Party may terminate a
month-to-month tenancy upon thirty (30) days written notice.
18. ENTRY BY LANDLORD. Landlord reserves and shall at any and all times have
the right to enter the Premises, inspect the same, supply janitorial
service and any other service to be provided by Landlord to Tenant
hereunder, to submit said Premises to prospective purchasers or tenants, to
post notices of non-responsibility, and to alter, improve or repair the
Premises and any portion of the Building of which the Premises are a part
that Landlord may deem necessary without abatement of rent. Landlord shall
have at all times a key with which to unlock all of the doors to the
Premises, excluding files and safes, and Landlord shall have the right to
use any and all means which Landlord may deem proper to open said doors in
an emergency, without liability to Tenant except for any failure to
exercise due care for Tenant's property.
19. DAMAGE AND RECONSTRUCTION. In the event of damage greater than fifty
percent (50%) of the Premises, either Party shall have the right to
terminate this Lease.
20. DEFAULT. The occurrence of any of the following events shall constitute a
material default and breach of the Lease by Tenant, permitting Landlord to
immediately terminate this Lease and/or recover possession and damages from
Tenant:
(a) The failure by Tenant to make any payment of rent or any other payment
required to be made by Tenant hereunder including Additional Rent, as
and when due, where such failure continues for a period of five (5)
days after written notice hereof from Landlord to Tenant.
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(1) If Tenant has not paid the Rent in full, by the fifth (5th) day of
the month, said amount is deemed delinquent and Tenant shall pay a
late charge equal to ten percent (10%) of such installment. If the
rent is not paid in full by the tenth (10th) of the month, Landlord
may disconnect Tenant's telephone services, without further notice,
and discontinue all other variable services until the Rent and all
charges are paid in full, in which event the rent still accrues and
Tenant waives any and all claims for damages against Landlord by
reason of the termination of said service. Landlord shall not be
liable for any loss of business or damages of any sort occurring
through, or in connection with, or incidental to the furnishing of any
variable services, or failure to furnish, telephone or reception
service, or for authorizing or permitting the telephone vendor to
disconnect Tenant's telephone service if Tenant has not paid its rent
and variable expenses in full.
(2) If two or more checks are dishonored by Tenant's bank in a
twelve-month period, Landlord may require, during the balance of
Tenant's tenancy, payment by cashier's check or money order. Tenant's
failure to comply therewith will constitute a material breach and
permit Landlord to terminate this Lease. Tenant hereby agrees to pay
the sum of Twenty Dollars ($20.00) for each dishonored check.
(b) The failure by Tenant to observe or perform any of the provisions of
this Lease to be observed or performed by Tenant, other than described
in paragraphs (a) and (b) above, where such failure shall continue for
a period of ten (10) days after written notice thereof from Landlord
to Tenant. In the event any such default, in addition to the remedies
specified above, Landlord may exercise any rights or remedies
available to Landlord under the laws or judicial decision of the State
of California.
21. SUCCESSORS AND ASSIGNS. The covenants and conditions herein contained,
subject to the provisions as to assignment, apply to and bind the heirs,
successors, executors, administrators and assigns of the Parties hereto.
22. NOTICES. Any notice to Landlord shall be sent, in writing, to:
eOfficeSuites, Inc. 00000 Xxxxxxxxxx Xxxxxxxxx, #000, Xxx Xxxxxxx, XX
00000, and any notice to Tenant shall be sent or hand delivered, in
writing, to Tenant's Premises in the Building. Either Party may provide for
a different address by notifying the other Party, in writing, of said
change as provided for herein.
23. ENTIRE AGREEMENT, MERGER AND WAIVER. This Lease Agreement and its Exhibits
expresses and contains the entire agreement of the Parties hereto and there
are no warranties, representations, or agreements between them, except as
herein contained. This Lease supersedes any prior agreement, and may not be
modified, amended or supplemented except in writing signed by both Landlord
and Tenant. No consent given or waiver made by Landlord of any breach by
Tenant of any provision of this Lease shall operate or be construed in any
manner as waiver of any subsequent breach of the same or of any other
provision.
24. HIRING LANDLORD'S EMPLOYEES. Tenant agrees in the event that Tenant hires
Landlord's employees during the term of the Lease, extension or renewal of
this Lease, or within sixty (60) days after Tenant moves out of the
Building, Tenant shall be liable to Landlord for damages payable upon
demand, in the sum of twenty-five percent (25%) of the annual compensation
of each employee involved. It being mutually agreed by Tenant and Landlord
that this provision for liquidated damages is reasonable and that the
actual damage which would be sustained by Landlord as the result of failure
to keep the agreement would be, from the nature of this case, impractical
or extremely difficult to fix. This compensation for liquidated damages is
in addition to Landlord's right to immediately terminate this Lease for
breach thereof and to obtain a restraining order against tenant.
25. EXEMPTION OF LANDLORD FROM LIABILITY; WAIVER. Landlord shall not be liable
for any damage or injury either directly, indirectly, incidental, special
or consequential damages to the
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person, business (or any loss of income therefrom), goods, wares,
merchandise or other property of Tenant, Tenant's employees, invitees,
customers or any other person in or about the Premises, whether such damage
or injury is caused by or results from: (a) fire, steam electricity, water,
gas or rain; (b) the breakage, leakage, obstruction or other defects of
pipes, sprinklers, wires, appliances, pluming, air conditioning or lighting
fixture or any other case; electricity, telephone or Internet access or
disruption to Tenant's business; (c) conditions arising in or about the
Premises or upon other portions of any Building of which the Premises is a
part, or from other sources or places; or (d) any act or omission of any
other Tenant of which the Premises is a part. Landlord shall not be liable
for any such damage or injury even though the cause of or the means or
repairing such damage or injury are not accessible to Tenant. Tenant, as a
material part of the consideration to be rendered to Landlord, hereby
waives all claims against Landlord for the foregoing damages from any cause
arising at any time. The provisions of this Section shall not, however,
exempt Landlord from liability for Landlord's gross negligence or willful
misconduct. It is recommended that Tenant maintain a back up modem in the
event there is any interruption in Landlord's high speed internet access.
Tenant acknowledges that there is no alarm system servicing the Premises or
Building. Any security devices including camera, window, contacts are for
different purposes and not to be relied upon by Tenant. Tenant shall not
hold Landlord responsible or liable for absence of security. Landlord shall
not be liable for any damages, theft of any vehicle on or near the
Premises.
26. SUITE KEYS. Tenant shall receive six (6) suite keys for the suite leased.
In the event Tenant loses this key, or any other keys issued by Landlord to
Tenant, Tenant shall be charged and pay the sum of Twenty Five Dollars
($25.00) for each key.
27. BROKERS. Tenant warrants that it has had no dealings with any real estate
broker or agents in connection with the negotiation of this Lease, and it
knows of no other real estate broker or agent who is entitled to a
commission in connection with this Lease.
28. SEVERABILITY. A determination by a court of competent jurisdiction that any
provision of this Lease or any part thereof is illegal or unenforceable
shall not cancel or invalidate the remainder of such provision or this
Lease, which shall remain in full force and effect.
29. JOINT AND SEVERAL LIABILITY. All Parties signing this Lease as Tenant shall
be jointly and severally liable for all obligations of Tenant.
30. NO OPTION. The submission of this Lease for examination does not constitute
a reservation of or option to lease the Premises and this Lease becomes
effective only upon execution and delivery thereof by Landlord and Tenant.
31. ESTOPPEL CERTIFICATES. Within ten (10) days after delivery to Tenant by
Landlord or its representative, Tenant shall execute acknowledge and
deliver to Landlord an Estoppel Certificate in the form provided by
Landlord certifying (a) that this Lease is unmodified and in full force and
if there have been modifications, that this Lease is in full force, as
modified together with the date and nature of each modification; (b) the
amount of Base Rent, most recent, and the date to which the rent has been
paid; (c) that there are no defaults under the Lease claimed by Tenant; and
(d) other matters as may be reasonably requested by Landlord.
32. ATTORNEY FEES. In the event any legal action arises as a result of any
breach of this lease or its interpretation, the prevailing Party shall be
entitled to its' reasonable attorney fees and costs associated with such
enforcement including its expenses prior to the bringing of any lawsuit.
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33. TIME IS OF THE ESSENCE. Time is of the essence in the Lease and all of its
provisions.
35. FORCE MAJEURE. If Landlord shall be delayed or prevented from the
performance of any act required under this Lease by reason of acts of God,
strikes, lockouts, labor trouble, restrictive governmental laws or
regulations, or other causes without fault and beyond the control of the
Landlord, performance of said act(s) shall be excused for the period of the
delay, except nothing in this Section excuses Tenant from prompt payment of
any rent or other changes as required elsewhere in this Lease.
The Parties hereto have executed this Lease on the date above, and agree to be
bound by its terms.
By:
"LANDLORD: "TENANT"
eOfficeSuites, Inc.,
A California Corporation
By: /s/ [Illegible] By: /s/ B.R. Cameron
------------------------------ SportsPrize Entertainment, Inc.
President and CFO
DATED: 9/27/99 DATED: 9/27/99
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eOfficeSuites, Inc.
00000 Xxxxxxxxxx Xxxxxxxxx
Xxx Xxxxxxx, XX 00000
PRICE SCHEDULE
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Additional Services Available on a
"Pay as Needed" Basis
COMMUNICATIONS
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A. T1 Internet service $ 69.00/month
Internet installation $125.00
e-mail service $ 10.00/month
web hosting service per schedule
B. Postal Services:
Postage Plus 20%
C. FedEx, UPS and Messenger Service available.
Contact Communications Dept. for pricing and delivery options
D. Fax Services:
Incoming (per page) $1.50
Outgoing
Domestic (first page) $1.50
Domestic (each additional page) $1.50
International (first page) $5.00
International (each additional page) $1.50
E. Conference Facilities:
Garden & 2nd Floor Conference Rooms (one hour min.) $25.00/hour
$125.00/day
Lobby & Executive Conference Rooms (one hour min.) $45.00/hour
Coffee set-up (includes coffee, tea & water, cups,
sugar, etc.) - for Conference Room reservations only $15.00/pot
F. Administrative Assistance - (clerical duties to include
collating, sorting, mailing, mail forwarding, etc.) $15.00/hr
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COPYING
Copies $ 10/each
Copier Card replacement $15.00
TELEPHONE & VOICE MAIL
A. 2 Telephone lines, 1 fax line & 1 telephone instrument 125.00/month
B. Telephone installation (3 lines) $125.00
C. Additional telephone instrument $25.00/month
D. Additional telephone line $25.00/month
E. Additional voice mail $10.00/month
STORAGE
Small locker $60.00/month
Large locker $100.00/month
PARKING
Reserved - per space $65.00/month
Unreserved - per space $40.00/month
Garage remote replacement $35.00
SIGNAGE (Included in move in fee)
Door sign $25.00
Building Directory Listing $25.00
SUITE KEYS
Additional key $5.00/each
Lost Key (includes one new suite key) $25.00
Change of Suite Lock $100.00
INCIDENTAL LABOR
One hour minimum, 48 hour notice require $35.00/hour
RETURNED CHECK FEE $20.00
MOVE IN FEE or INTERNAL MOVE $150.00
MOVE IN CREDIT CHECK $35.00
-11-
eOfficeSuites, Inc.
00000 Xxxxxxxxxx Xxxxxxxxx
Xxx Xxxxxxx, XX 00000
Rules and Regulations
---------------------
1) Tenant advertisement, name or notice shall not be inscribed, displayed,
printed or affixed on or to any part of the Building premise without the
written consent of the Landlord.
2) Passages in the common areas, shall not be obstructed by the tenants or
tenants' possession.
3) Tenant shall not alter locks or add locks.
4) Restrooms shall be used only for purpose in which it was constructed.
5) Tenant shall not overload the floor of the Premises (50 lbs. per square
foot) place in the Premises or install refrigerators, fish tanks, water
filled devices, or deface the premises.
6) NO furniture, appliance, freight or equipment of any kind shall be brought
into the Building without prior written approval from the Landlord.
7) Tenant shall not keep or use foul or noxious gases or substances on the
Premises.
8) Tenant shall not xxxx, wash, lodge or perform any improper, objectionable,
unlawful or immoral activity.
9) Tenant shall not use or keep flammable/combustible substances in the
Building.
10) Tenant shall not use any method of heating or air conditioning other than
that supplied by Landlord.
11) Tenants and guests shall not smoke in any part of the Building including
the atrium area.
12) Tenant shall not introduce electrical/telegraphic or any other wiring to
the Premises without written consent of Landlord.
13) Tenant shall not introduce telephonic equipment to the Premises.
14) Landlord at its sole expense shall furnish heating, ventilation and
air-conditioning during the hours of 8:30 a.m. to 5:30 p.m., Monday through
Friday except holidays.
15) NO vending machines or appliances of any description shall be installed by
Tenant without written consent of Landlord.
16) Access to business support services consisting of: reception area, waiting
area, administrative room, phone answering, word-processing, postal and
conference room usage is limited to normal business hours of 8:30 a.m. to
5:30 p.m., Monday through Friday except holidays.
-12
17) Landlord reserves the right to exclude or expel from the Building any
persons who in any manner, act in violation of this Lease and any of the
rules and regulations of the Building including excess noise.
18) Tenant shall not disturb, solicit, or canvass any occupant of the Building
and shall cooperate to prevent same.
19) Tenant shall not use the name of the Building in connection with or in
promoting or advertising the business of Tenant except as Tenant's address
without written consent of Landlord.
20) Landlord has right to control the public portions, facilities, heating and
air conditioning as well as facilities furnished for the common use of the
Tenants as it deems best for the benefit of the Tenants generally.
21) Tenant doors and doors opening to public corridors on the Building shall be
kept closed.
22) Tenant must use at desk area a chair mat for the carpet.
23) Tenant shall not warehouse, store and/or stock items in the Premises or
about the Premises including goods, boxes, records and supplies.
24) Tenant shall not do anything which will cause any usual wear and tear to
Landlord's furnishings.
25) No pets allowed. Pets are defined as any living being other than plants and
humans.
26) Tenant accepts responsibility for the actions and behavior of its visitors
(adult or child). Should the visitor in the judgment of the Landlord create
a problem, the Tenant agrees to control or remove, if necessary, said
visitor from the premise and pay for any damages.
27) It is the Tenant's responsibility to review additional "move-in-package"
for general information and suggestions.
28) Tenant shall not have a private security alarm.
29) Tenant parking is available on a reserved basis only at Landlord's
prevailing rates. Parking spaces may be reserved on an availabilit basis.
Tenants may only park in the spaces designated by Landlord. Violators will
be towed at Tenant's expense. Parking spaces are for passenger vehicles
only no trucks or oversized vehicles are permitted. All vehicles are to be
properly maintained to prevent the loss of fluids, oil, petroleum products
or liquids on the parking surface. Visitors parked in reserved spaces will
be towed, at their expense. All Tenants shall be responsible for alerting
their visitors about the towing policy.
30) Tenant may move-in or move-out of the Building during the days and hours as
expressly prescribed by the Landlord and may only use those areas,
corridors, hallways, stairways, elevators, entrances and exits as specified
by the Landlord. Tenant shall be fully responsible for any damages it may
causes to the Building by Tenant's moving.
-13-
31) Tenant's internet connection provided by Landlord will not be used to
violate any laws, interfere or disrupt other Tenants' use, connection, or
transmissions or enjoyment of similar services.
32) In order that the air conditioning and heating, system ("System") may
efficiently operate, no windows shall be opened during normal business
hours or while the System is operational. If Tenant should be in violation
after a written warning, Tenant shall be charged $100.00 for each violation
thereafter. A new violation shall be if the window is not completely closed
within a reasonable time after delivery of said written notice of
violation. The Tenant agrees this charge is reasonable because it would be
impractical or extremely difficult to fix the exact amount of costs.
33) Landlord to include the use of 3 computer gateway computers and 1 fax
machine for the term of the lease and 1 hour of technical support time.
Tenant has read and understands and agrees to be bound by the above Rules and
Regulations
Tenant
Date: 9/27/99 /s/ B.R. Cameron
-----------------------------------
President and CFO
SportsPrize Entertainment
-14-
Floor Plan of the Suite Identifying Suite(s)
(Premises)
----------
Exhibit "B"
-15-
List of Furniture
-----------------
Exhibit "C"
Tenant: Suite 131 To be Provided
Furniture Inventory
Acknowledgement
Suite No. Large Round Black File Roller Chair Back Desk Phone Other
Desk Table Cabinet Drawers Board Pads [Illegible]
131 6 1 6 10 3 7 7 1
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Totals:
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Acknowledged by: -----------------------
Dated: -------------------------------
-16-
ALLIANCE BANK WIRE TRANSFER INSTRUCTIONS
----------------------------------------
SPECIFY NAME AND ADDRESS OF BANK FUNDS ARE BEING DEPOSITED TO:
ALLIANCE BANK
000 XXXXXXXXX XXXXX
XXXXXX XXXX, XX 00000
ROUTING NUMBER (ALLIANCE BANK):
000000000
DEPOSITED TO ACCOUNT:
EOFFICESUITES, INC.
01 043 293 (Alliance Bank #1)
01 043 234 (Alliance Bank #2)
000 000 0000 - Main Branch)
Floor Plan of Suite Identifying Suite(s)
(Premises)
----------
Exhibit "B"
Suite 131
Suite to include new paint and carpet comparable to other new suites in the
building.
