EXHIBIT 10.4
TERMINATION AND SURRENDER OF LEASE AGREEMENT
AGREEMENT made as of the 17th day of July 2003, between Bay West Design Center,
LLC (hereinafter referred to as "Lessor"), and EpicEdge, Inc. (hereinafter
referred to as "Lessee").
WITNESSETH
WHEREAS the Lessor by original Lease commencing June 1, 2000
(hereinafter referred to as "Lease") leased to the Lessee for a term ending May
31, 2005 the premises described as Seattle Design Center, 0000 Xxxxx Xxxxxx
Xxxxx, Xxxxx 000, Xxxxxxx, XX 00000, consisting of approximately 8,725 square
feet, more particularly described in said Lease (the "Premises"), and
WHEREAS the Lessee desires to surrender the Premises and the Lessor is
willing to accept such surrender on the terms and conditions hereinafter set
forth;
NOW, THEREFORE, the parties agree as follows, that upon execution of
this agreement, Lessee shall pay to the Lessor a termination fee of $45,094.25.
The payment shall be as follows: Lessor shall retain security deposit of Fifteen
Thousand Ninety Four and 25/100 Dollars ($15 ,094.25) as well as Thirty Thousand
Dollars ($30,000.00) additional deposit held by Lessor.
IT IS HEREBY AGREED that the Lessee will surrender possession of the
Premises no later than August 7, 2003 to the Lessor, to the intent and purposes
that the said terms and all obligation under said Lease shall be wholly
extinguished, Lessee thereupon shall give, grant and surrender unto the Lessor,
it successors and assigns the above-described Premises and all its right, title
and interest therein;
AND the Lessor hereby accepts the surrender of the said Premises with
the following conditions:
Lessee shall ensure that:
o all electrical work, including but not limited to, disconnection of
power for all modular furniture systems must be performed by a building
approved electrical contractor. All electrical wiring shall be properly
terminated and excess wiring shall be removed from the Premise;
o all installed cabinetry in work area and kitchen shall remain in the
Premises;
o all lighting systems, fixtures and bulbs shall remain in the Premises;
o carpet shall be cleaned and/or spot cleaned upon move-out;
o all tenant fixtures and personal property shall be removed in its
entirety. All garbage shall be removed upon move-out;
o dishwasher and refrigerator shall remain in the space upon move-out;
o all equipment in the server/computer room shall be removed in its
entirety. All cabling from the servers to workstation and offices shall
be removed. Door for interior server room shall be re-installed;
o phone board and connections shall remain as part of the Premises;
o premises are cleaned and vacuumed upon move-out;
o deliver all keys to Lessor.
Lessee shall have no obligation to restore the Premises other than as
stated above and Lessor shall assume all responsibility, if any, for restoration
required under its Lease with Lessee.
AND the parties hereto mutually release one another from any and all
obligations under said Leases. This termination shall be effective as of
midnight August 7, 2003. Both parties hereby agree that no Broker was involved
in this termination or its negotiation.
LESSOR: LESSEE:
Bay West Design Center, LLC, EpicEdge, Inc
a Delaware limited liability company
By: /s/ Xxx Xxxxxxxx By: /s/ Xxxxxx X. Xxxxxx
--------------------------------- -----------------------------
Xxx Xxxxxxxx, CEO Xxxxxx X. Xxxxxx, COO & CFO
LESSOR NOTARY
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that XXXXXXX
XXXXXXXX is the person who appeared before me, and said person acknowledged that
he signed this instrument, on oath stated that he was authorized to execute the
instrument and acknowledged it as the CEO of BAY WEST DESIGN CENTER, LLC, a
Delaware limited liability company, to be the free and voluntary act of such
corporation and limited liability company for the uses and purposes mentioned in
the instrument.
DATED: 7/21/03
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/s/ Xxxxxxx X. Xxx
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(Signature)
Xxxxxxx X. Xxx
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(Please print name legibly)
NOTARY PUBLIC in and for the State of
Washington, residing at 0 Xxxxx Xxxxx Xx.
XX 00000
My commission expires 1/5/05
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LESSEE NOTARY (CORPORATION)
STATE OF Texas )
--------------------
) ss.
COUNTY OF Xxxxxx )
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I certify that I know or have satisfactory evidence that XXXXXX X.
XXXXXX is the person who appeared before me, and said person acknowledged that
HE signed this instrument as the COO & CFO of EPICEDGE, INC., a Texas
corporation, and on oath acknowledged it to be the free and voluntary act of
such corporation for the uses and purposes mentioned in the instrument, and on
oath stated that HE was authorized to execute this instrument on behalf of such
corporation.
DATED: 7/17/03
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/s/ Xxxxxxx X. Xxxxxx
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(Signature)
Xxxxxxx X. Xxxxxx
-----------------------------------------
(Please print name legibly)
NOTARY PUBLIC in and for the State of
Texas, residing at 0000 Xxxxxx Xxxxx,
Xxxxxx, XX 00000
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My commission expires 5/15/04
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