EXHIBIT 10.36
June 7, 2000
Xx. Xxxxxxx Xxxxxxx, President
eMissions, Inc.
0000 Xxxxxxxx Xxxxxx
Xxxxxxxxxx Xxxxx, XX 00000
Re: Lease by and between Lake Holdings, LLC d/b/a Quick Test and The
Estate of Xxxxxx X. Xxxxxxx and dated June 2, 1999 (the "Lease")
----------------------------------------------------------------
Gentlemen:
The Estate of Xxxxxx X. Xxxxxxx ("Xxxxxxx") has been informed that
eMissions Testing, Inc. ("eMissions") or a subsidiary or affiliate of it is
purchasing the assets and certain of the liabilities of the automobile emissions
testing business of Lake Holdings, LLC d/b/a Quick Test, the current lessee
under the Lease.
By this letter, Xxxxxxx:
(i) consents to the assignment of the Lease and related agreements
granted by it or its affiliates to (and their assumption by) eMissions, and
without limiting the foregoing, agrees not to enforce any termination rights
arising by reason of such assignment and assumption or modify or otherwise alter
the Lease by reason of such assignment and assumption; and
(ii) effective upon such assignment and assumption, releases Lake
Holdings, LLC, d/b/a Quick Test from all obligations and liabilities relating to
periods prior to after the assignment and assumption.
The foregoing consent relates only to the proposed assignment of the Lease
to eMissions in connection with eMissions' purchase of Lake Holdings' automobile
emissions testing business and does not constitute a consent to any further
assignments of the Lease.
Further, Xxxxxxx confirms (i) that the Lease is in full force and effect,
(ii) to its knowledge, that Lake Holdings is in full compliance with all its
obligations under the Lease and that there are no defaults under the Lease or
events which, with notice or lapse of time or both, would constitute a default
under the Lease, and (iii) that the undersigned has not asserted any
termination, cancellation, or non-renewal rights with respect to the Lease and
has no current intention of doing so.
Xx. Xxxxxxx Xxxxxxx, President
June 7, 2000
Page 2
Please notify us of the effective date of the assignment and
assumption.
Sincerely,
The Estate of Xxxxxx X. Xxxxxxx
By: /s/ Xxxxxx X. Xxxxxxx
---------------------------------
Name: Xxxx Xxxxxxx
Title: Co-Executor
By: /s/ Xxxxxxx X. Xxxxxxx
----------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Co-Executor
