EXHIBIT 10.15
THIRD AMENDMENT TO LEASE AGREEMENT
This THIRD AMENDMENT TO LEASE AGREEMENT, dated this 30th day of September,
2003, by and between TC Albuquerque Rose Interests, LLC and TC Albuquerque
Rabina Interests, LLC ("Landlord") and New Mexico Software ("Tenant") with
reference to the following facts:
WITNESSETH:
WHEREAS, Landlord and Tenant entered into a Lease Agreement dated August 4,
1999 and a First Amendment to Lease dated May 17, 2000, and a Second
Amendment to Lease dated September 23, 2003, pursuant to which Tenant
leased from Landlord 6,002 rentable sf at 0000 Xxxxxx Xxxxxx Xx XX,
Xxxxxxxxxxx, Xxx Xxxxxx ("the Premises"); and
WHEREAS, the parties desire to amend the Lease as set forth below,
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Landlord and Tenant agree as follows:
1. STOCK: Tenant has agreed to immediately transfer 365,000 shares of
New Mexico Software common stock ("NMXS") with a negotiated value of $0.09
per share to Landlord as payment for the back rent amount of $29,352 as
promised in the attached Exhibit A Promissory Note plus $3,500 in
anticipated brokerage fees. Tenant will immediately commence and use best
efforts to accomplish all necessary actions to effectuate registration of
the shares with the Securities and Exchange Commission and to remove all
legends and restrictions on the shares. Landlord, at Landlord's sole and
exclusive option, on the earlier of February 2004 or when the stock becomes
fully and freely tradable in the market place with no restrictions or
encumbrances attached thereto, may choose to sell the stock or may chose to
collect on the Promissory Note in full as stated and return the stock to
New Mexico Software. Should the Landlord choose to sell the stock, the
Landlord agrees to sell the stock in an orderly manner, which shall not
exceed 10,000 shares per day.
2. OTHER CONDITIONS: Except as revised by the First Amendment to Lease,
Second Amendment to Lease and this Third Amendment to Lease, the Lease
continues unchanged, in full force and effect. Capitalized terms not
otherwise defined herein retain the definition afforded them in the Lease.
THE PARTIES HERETO have executed this Third Amendment as of the day and
year last below written.
LANDLORD
TC Albuquerque Rose Interests, LLC
BY: /s/ Xxxxxxx Xxxx
Its:
date:
LANDLORD
TC Albuquerque Rabina Interests, LLC
BY: /s/ Xxxxxxx Xxxx
Its:
date:
TENANT
New Mexico Software
By: /s/ Xxxxxxx Xxxxxxxx
Its: CEO
By: /s/ Xxxx X. Xxxxxxx
Its: Director
