EXHIBIT 10.4
XX
Xxxxx Xxxxxx Associates 0000 Xxxxxxx Xxxxxx, Xxxxx 000, Xxxxx Xxxxx, Xxxxxxxxxx
COMMERCIAL REAL ESTATE SERVICES Phone (000) 000-0000 - Fax (000) 000-0000
SUBLEASE
1. PARTIES
This Sublease is entered into this 9/th/ day of April, 1999 by and between
Zuken-Redac, Inc., a California Corporation, hereafter referred to as
"Subleasor" and Softlink, Inc., a California Corporation hereinafter referred to
as "Sublessee", as Sublease under the Master Lease dated May 15, 1997 entered
into by Xxxx/Intereal Bay Area, a California Partnership as Lessor, and
Sublessor under this Sublease as Lessee; a copy of the Master Lease is attached
hereto as Exhibit "A".
2. PREMISES
Sublessor leases to Sublessee and Sublessee hires from Sublessor the
following described Premises together with the appurtenances, situated in the
City of Santa Xxxxx, State of California, commonly known and described as 0000
Xxxxxxx Xxxxxxx Xxxx., Xxxxx 000.
3. TERM
The term of this Sublease shall commence on the 1/st/ day of May, 1999, and
terminate on the 21/st/ day of August, 2000.
4. RENTAL
Subleasee shall pay to Sublessor as rental the sum of Four Thousand Nine
Hundred Twenty and no/100's Dollars ($4,920.00) per month in advance on the
1/st/ day of each month in lawful money of the United States of America,
commencing on the 1/st/ day of May, 1999.
4.1 Operating Expenses
Sublessee shall pay to Sublessor, in addition to monthly rent,
Sublessee's pro rata share of monthly operating expenses as required
my Master Lessor in paragraph (6.) of Master Lease.
5. POSSESSION
Notwithstanding said commencement date, if for any reason Sublessor cannot
deliver possession of the Premises to Sublessee on said date, Subleassor shall
not be subject to any liability therefore, nor shall such failure affect the
validity of this Lease of the obligations of Sublessee hereunder or extend the
term hereof, but in such case Sublessee may, at Sublessee's option, by notice in
writing to Sublessor within ten (10) days thereafter, cancel this Sublease, in
which event the parties shall be discharged from all obligation thereunder. If
Sublessee occupies the Premises prior to said commencement date, such occupancy
shall be subject to all provisions hereof, such occupancy shall not advance the
termination date and Sublessee shall pay rent for such period at the initial
monthly rates set forth above.
6. SECURITY DEPOSIT
Sublessee shall deposit with Sublessor upon the execution hereof $4,920.00
as security for Sublessee's faithful performance of Sublessee's obligation
hereunder. If Sublessee fails to pay rent or other charges due hereunder, or
otherwise defaults with respect to any provision of this Sublease, Sublessor may
use, apply or retain all or any portion of said deposit for the payment of any
rent or other charge in default or for the payment of any other sum to which
Sublessor may become obligated by reason of Sublessee's default, or to
compensate Sublessor for any loss or damage which Subleassor may suffer thereby.
If Sublessee performs all of Sublessee's obligations hereunder, said
deposit, or so much thereof as has not heretofor been applied by Sublessor,
shall be returned, without payment of interest or other increment for its use to
Sublessee's at the expiration of the term hereof, and within 21 days after
Sublessee has vacated the premises.
7. USE
Sublessee shall use the premises for General Office Use.
8. PROVISIONS CONSTITUTING SUBLEASE
a. This Sublease is subject to all of the terms and conditions of the
Master Lease in Exhibit "A" and Sublessee shall assume and perform the
obligations of the Lessee in said Master Lease, to the extent said terms and
conditions are applicable to the Premises subleased pursuant to this Sublease.
Sublessee shall not commit or permit to be committed on the Premises any act or
omission which shall violate any term or condition of the Master Lease. In the
event of termination of Sublessor's interest as Lessee under the Master Lease
for any reason, then this Sublease shall terminate coincidentally therewith any
liability of Sublessor to Sublessee.
b. All of the terms and condition contained in the Master Lease are
incorporated herein except for paragraphs ____ as terms and conditions of this
Sublease (with each reference therein to Lessor and lessee to be deemed to refer
to Sublessor and Sublessee) and along with all of the following paragraphs set
out in this Sublease, shall be the complete terms and conditions of this
Sublease.
9. ASSIGNMENT OF SUBLEASE
Sublessee shall not assign this Sublease or any interest therein nor sublet
the demised premises or any part thereof or any right or privilege appurtenant
thereto no permit the occupancy or use of any part thereof by any person without
the written consent of Sublessor Master Lessor. Any assignment further
subleting, occupancy or use without the prior written consent of the Sublessor
shall at the option of the Sublessor terminate this Sublease.
10. Upon execution of this Sublease, Sublessor shall pay Xxxxx Xxxxxx
Associates, a licensed real estate broker, fees set forth a separate agreement
between Sublessor and Broker.
IN WITNESS WHEREOF, the parties hereto have executed this Sublease in
duplicate.
DATED:_____________________ DATED:____________________
/s/ /s/
--------------------------- --------------------------
Sublessor Sublessee
--------------------------- --------------------------
Sublessor Sublessee
CONSENT TO SUBLEASE
Without releasing Lessee in the Master Lease from the obligations hereunder, the
undersigned hereby consents to the foregoing Sublease provided that this consent
shall not be construed as a consent to any further subleting.
DATED:_____________________ ____________________________________
Master Lessor under the Master Lease
