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EXHIBIT 10g
BUSINESS PROPERTY LEASE
THIS LEASE is entered into this ________ day of August, 1997 between Xxxxxxx
X. Xxxxx, Xx. Landlord, and Global Election Systems, a Texas Corporation,
Tenant.
1. PREMISES. Landlord leases to Tenant the real property located at 000 Xxxxx
000xx Xxxxxx, Xxxxxx 0,0,0 & 9, located on the second floor (the "Premises"),
containing approximately 000 xxxxxx xxxx xx xxxx, xx the following terms and
conditions.
2. TERM. This Lease shall be for a term of two (2) years, beginning on the 1st
day of September, 1997, and ending on the 31st day of August, 1999, unless
terminated earlier as provided in this Lease.
If for any reason the Premises is delivered to Tenant on any date
before or after the term commencement date, rental for the period between the
date of possession and the term commencement date shall be adjusted on a pro
rata basis. Such earlier or later taking of possession shall not change the
termination date of this Lease. This Lease shall not be void or voidable in the
event of a late delivery by Landlord, nor shall Landlord be liable to Tenant
for any resulting loss or damage.
3. USE OF PREMISES. The Premises are leased to Tenant, and are to be used by
Tenant, for the purposes of general office use and for no other purpose. Tenant
agrees to use the Premises in such a manner as to not interfere with the rights
of other tenants in the Real Estate, to comply with all applicable governmental
law, ordinances, and regulations in connection with its use of the Premises,
including without limitation all environmental laws, to keep the Premises in a
clean and sanitary conditions, and to use all reasonable precaution to prevent
waste, damage, or injury to the Premises.
4. RENT.
(a) Base Rent. The total Base Rent under this Lease is nine thousand
five hundred ninety-six & 40/100's Dollars ($ 9,596.00 ). Tenant agrees to pay
rent to Landlord at 0000 Xxxxx 00xx Xxxxxx, Xxxxx, XX 00000 or at any other
place Landlord may designate in writing, in lawful money of the United States,
in monthly installments in advance on the first day of each month, as follows:
For the period from September 1 * 1997 * to August 31 * 1998 * $ 393.95 per month
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For the period from September 1 * 1998 * to August 31 * 1999 * $ 405.75 per month
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For the period from * * to * * $ per month
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For the period from * * to * * $ per month
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For the period from * * to * * $ per month
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For the period from * * to * * $ per month
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(b) Operating Expenses. In addition to the Base Rent, Tenant shall pay
a pro rata share of operating expenses of the real estate of which the Premises
are part, parking areas, and grounds ("Real Estate"). "Operating expenses"
shall mean all costs of maintaining and operating the Real Estate, including
but not limited to all taxes and special assessments levied upon the Real
Estate, fixtures, and personal property used by Landlord at the Real Estate,
all insurance costs, all costs of labor, material and supplies for maintenance,
repair, replacement, and operating of the Real Estate, including but not
limited to line painting, lighting, snow removal, landscaping, cleaning,
depreciation of machinery and equipment used in such maintenance, repair and
replacement, and management costs, including Real Estate superintendents.
Operating Expenses shall not include property additions and capital
improvements to the real estate, alterations made for specific tenants,
depreciation of the Real Estate, debt service on long term debt or income taxes
paid by Landlord.
"Tenant's pro rata share" shall mean the percentage determined by
dividing the square feet of the Premises as shown in Paragraph 1, by (4,800/610
- 127) 12.7% square feet.
Tenant's pro rata share of the Operating Expenses shall be determined
on an annual basis for each calendar year ending on December 31 and shall be
pro rated for the number of months Tenant occupied the Premises if Tenant did
not occupy the Premises the full year. Tenant shall pay ninety-nine & 13/100's
Dollars ($ 99.13) per month, on the first of each month in advance with rent
for Tenant's estimated pro rata share of the Operating Expenses. Landlord may
change this amount at any time upon written notice to Tenant. At the end of
each year, an analysis of the total year's Operating Expenses shall be
presented to Tenant and Tenant shall pay the amount, if any, by which the
Tenant's pro rata share of the Operating Expenses for the year exceeded the
amount of the estimated Operating Expenses paid by Tenant shall be paid by
Tenant to Landlord within thirty (30) days after Tenant's receipt of the
statement. In the event this Lease terminates at any time other than the last
day of the year, the excess Operating Expenses shall be determined as of the
date of termination. If Tenant's payments of estimated Operating Expenses
exceed the amount due Landlord for that calendar year, Landlord shall, at its
option, provided Tenant is not then in default under this Lease, apply the
excess as a credit against Tenant's other obligations under this Lease or
promptly refund such excess to Tenant if the terms of this Lease has already
expired, in either case without interest to Tenant.
(c ) Payment of Rent. Tenant agrees to pay the Base Rent as and when
due, together with Tenant's share of the Operating Expenses and all other
amounts required to be paid by Tenant under this Lease. In the event of
nonpayment of any amounts due under this Lease, whether or not designated as
rent, Landlord shall have all the rights and remedies provided in this Lease or
by law for failure to pay rent.
(d) Late Charge. If the Tenant fails to pay the Base Rent together
with the Tenant's share of the Operating Expenses and all other amounts
required to be paid by Tenant under this Lease, on or before the fifth day
after such payments are due, Tenant agrees to pay Landlord a late charge of
$40.00.
(e) Security Deposit. As partial consideration for the execution of
this Lease, the Tenant has delivered to landlord for Landlord's use and
possession the sum of $ 393.95 as a Security Deposit. The Security Deposit will
be returned to Tenant at the expiration of this Lease if Tenant has fully
complied with all covenants and conditions of this Lease.
5. SERVICES. Landlord shall furnish common area maintenance, snow removal,
building maintenance, building insurance, restroom (excluding supplies) and
utilities to the Premises during normal business hours, and at such other times
as Landlord may deem necessary or desirable, in the manner customary to the
Real Estate. Landlord shall have the right to discontinue any service during
any period for which rent is not promptly paid by Tenant. Landlord shall not be
liable for damages, nor shall the rental be abated, for failure to furnish, or
delay in furnishing, any service when failure to furnish, or delay in
furnishing, is occasioned in whole or in part by needful repairs, renewals, or
improvements, or by any strike or labor controversy, or by any accident or
casualty whatsoever, or by any unauthorized act or default of any employee of
Landlord, or for any other cause of causes beyond the control of landlord.
Tenant shall pay when due, all water, gas, electricity, sewer use fees,
incurred at or chargeable to the Premises. See Section 26, Other Provisions.
