AGREEMENT FOR ASSIGNMENT OF LEASE
This Agreement, dated as of September 12, 1997, is executed on behalf of
CARRAMERICA, INC., a ________________ corporation ("CARRAMERICA"), XXXXXX MICRO
INC., a Delaware corporation ("XXXXXX"), and TIME WARNER COMMUNICATIONS
HOLDINGS, INC., a Delaware corporation ("TIME WARNER").
Statement of Background and Purpose
A. CarrAmerica, as landlord. and Xxxxxx, as tenant, are parties to the
Lease dated June 3, 1994, originally executed by Quebec Court Joint Venture No.
2 as landlord and Intelligent Advanced Systems, Inc. as tenant. (That Lease, as
it may have been assigned, amended and supplemented from time to time before the
date of this Agreement is called the "LEASE.") A true and complete copy of the
Lease is attached as Exhibit A for reference.
The Lease pertains to the office building commonly known as Quebec Court
I, located at 0000 X. Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxx (the "BUILDING"),
together with any rights and interests related to the Building as more
particularly described in the Lease (together, the "PREMISES").
X. Xxxxxx intends to assign and transfer to Time Warner, and except as
noted in Paragraph l, Time Warner intends to assume, all of the right, title,
interest and obligations of Xxxxxx under the Lease. Following that assignment,
Xxxxxx intends to sublease the first floor of the Premises from Time Warner
under terms of the Sublease attached hereto and made part hereof as Exhibit B,
and in advance of that assignment, Xxxxxx intends to permit Time Warner to enter
on the Premises under a temporary license, as provided below.
C. CarrAmerica is agreeable to the assignment of the Lease by Xxxxxx,
the assumption of the Lease by Time Warner and except as noted in Paragraph l,
the release of Xxxxxx from further liability under the Lease, as well as the
short term sublease by Time Warner to Xxxxxx and the temporary license to be
granted to Time Warner before the assignment, all subject to the conditions set
forth in this Agreement.
Agreement
In consideration of the recitals above and the mutual covenants made in
this Agreement, and for other good and valuable consideration, the receipt and
sufficiency of which the parties acknowledge, by executing and delivering this
Agreement, the parties confirm their agreement as follows:
1. Assignment.
(a) Assignment by Xxxxxx. Effective 12:00 a.m. on October 1, 1997 (the
"ASSIGNMENT DATE"), Xxxxxx will assign, transfer, sell and convey to Time Warner
all right, title and interest of Xxxxxx in the Lease and the Premises.
(b) Assumption by Time Warner. Time Warner accepts such assignment and
assumes the obligations of Xxxxxx arising under the Lease on or after the
Assignment Date except the obligation to pay Minimum Rent and all other costs
under the Lease through March 31, 1998, except as set forth in the Sublease.
Time Warner agrees to perform and discharge all of Xxxxxx'x rights, obligations
and duties under the Lease, and to comply with all the covenants and conditions
of the Lease, in all events first accruing from and after the Assignment Date.
(c) Consent to Assignment and Assumption; Release. CarrAmerica, as the
current and sole owner of the Premises and holder of all the landlord's right,
title and interest in the Lease, consents to the foregoing assignment and
assumption of the Lease under the terms and conditions contained in this
Agreement. Further, CarrAmerica releases Xxxxxx from all obligations and
liabilities of the tenant arising under the Lease on or after the Assignment
Date except for the obligation described in Paragraph 1 (b).
(d) Adjustments After Assignment. The assignment and assumption under
this Agreement will not operate to extinguish the obligation of CarrAmerica and
Xxxxxx to reconcile any difference between estimated amounts paid by Xxxxxx for
Building Operating Costs (as defined in the Lease) or other charges under the
Lease for any period before April 1, 1998 and the actual amounts due from Xxxxxx
for the same period, as provided in Section 3C of the Lease. If, after the
Assignment Date, such reconciliation is required, CarrAmerica and Xxxxxx will
deal directly to finalize and make payment for an appropriate adjustment for the
period in question before the Assignment Date.
2. Sublease.
(a) Agreement for Sublease. Effective the Assignment Date, Time Warner
will sublease the first floor of the Premises to Xxxxxx in accordance with the
Building Sublease attached as Exhibit B (the "SUBLEASE").
(b) Consent of CarrAmerica. CarrAmerica consents to the Sublease.
Further, CarrAmerica and Xxxxxx agree that throughout the term of the Sublease,
each waives and releases each other from any and all rights of recovery, claim,
action or cause of action against each other, their agents, officers and
employees, for any casualty loss or damage that may occur to the Premises, the
improvements to the Building or personal property within the Building or on the
Premises, for any reason, regardless of cause or origin. CarrAmerica and Xxxxxx
each agrees immediately after execution of this Agreement to give each insurance
company which has issued to it policies of fire
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and extended coverage insurance, written notice of the terms of the mutual
waivers contained in this paragraph, and if necessary, to have the insurance
policies properly endorsed.
3. License for Early Entry. Xxxxxx grants to Time Warner a license (the
"LICENSE") to enter the Building from time to time during the normal business
hours observed by Xxxxxx at the Premises throughout the period beginning upon
full execution of this Agreement and extending until the Assignment Date (the
"LICENSE PERIOD"), on the following terms and conditions:
(a) Purpose. The employees, consultants and authorized agents of Time
Warner will be entitled to enter the Building during the License Period to carry
out the planning and design of the tenant finish improvements contemplated by
Time Warner for the Premises after assignment of the Lease.
(b) Notice. Time Warner will provide Xxxxxx with notice, in writing or
by telephone to Xxxx Xxxxxx (telephone no. 714/261-7737 ext. 229), as the
authorized representative of Xxxxxx, at least one business day in advance of the
entry by Time Warner. The notice will include a designation of the Building
areas Time Warner intends to enter, the names of the persons Time Warner
anticipates will be entering the Premises, and if the entry will extend more
than one day, a reasonable estimate of the time required for the entry. Xxxxxx
will accommodate reasonable exceptions to the notice requirement and changes to
the schedule and visitor list, subject to the provisions of this Paragraph 3
below.
(c) Limitations on License. Time Warner will use reasonably diligent
efforts to avoid interfering with the operations of Xxxxxx in the Premises
during the License Period. Xxxxxx reserves the right to require Time Warner to
observe special procedures (including for example, the requirement that Time
Warner personnel be accompanied by Ingram personnel in secured areas) to comply
with Xxxxxx company policy, insurance conditions, and Building rules and
regulations or other Lease requirements.
(d) Indemnity by Time Warner. Throughout the License Period, Time Warner
will indemnify, defend and hold harmless Xxxxxx, its directors, shareholders,
partners and employees, from and against any and all losses, claims, suits,
damages, judgments, penalties and liability, including without limitation,
reasonable attorneys' fees and court costs, attributable to (i) the injury,
death, disability or illness of any person, or damage to any property occurring
in, on or about the Premises and arising from Time Warner's entry on the
Premises, (ii) any breach or default in the performance of any of Time Warner's
obligations under this Paragraph 3, or (iii) any breach of the Lease caused by
the employees, agents, independent contractors, licensees or invitees of Time
Warner, or (iv) any act or negligence of Time Warner or its employees, agents,
independent contractors, licensees or invitees.
4. Condition to Agreement. This Agreement is conditioned upon CarrAmerica
and Time Warner executing no later than September 17, 1997, on the terms and
conditions for an
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amendment of the Lease on mutually agreeable terms and conditions, to become
effective April 1, 1998.
5. Notices. Except as provided in Paragraph 3(b), any notice given under
this Agreement must be in writing and provided to the address of the party to be
notified, as follows:
CarrAmerica
-----------------------
-----------------------
-----------------------
-----------------------
Ingram
Xxxxxx Micro Inc.
0000 Xxxx Xx. Xxxxxx Xxxxx
Xxxxx Xxx, Xxxxxxxxxx 00000
Attention: Xx. Xxxxxx Xxxxxxx
Time Warner
Time Warner Communications Holdings, Inc.
000 Xxxxxxxxx Xxxxx Xxxx
Xxxxxxxxx, XX 00000
Attention: Mr. Xxxxx Xxxxxx
A party may give notice by mail, courier, telecopy or other means, and
the notice will be effective upon confirmed delivery.
6. Attorneys' Fees. In the event of any legal proceeding arising out of
this Agreement, the prevailing party will be entitled to an award of its
reasonable attorneys' fees and costs.
7. Binding Effect and Governing Law. This Agreement will bind and
benefit CarrAmerica, Xxxxxx and Time Warner and their respective successors and
assigns, and will be construed in accordance with the laws of the State of
Colorado.
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8. Counterparts. This Agreement may be executed in counterpart copies.
9. Furniture and Equipment. Time Warner reserves the right to purchase
any or all items listed on the letter dated September 10, 1997 from Xx. Xxxx
XxXxxxxx, attached hereto and made a part hereof as Exhibit C, with all raised
floorings, wiring and cabling in the computer room and all network wiring and
cabling throughout the Building to become the property of Time Warner at no
charge, and all executive furniture on third floor of the Building and all
conference room furniture currently in the Building to become the property of
Time Warner at no charge to TimeWarner.
CARRAMERICA, INC.
By:
--------------------------------
Title:
-------------------------
XXXXXX MICRO INC.
By: [SIGNATURE]
-------------------------------
Title: Vice President
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TIME WARNER COMMUNICATIONS
HOLDINGS, INC.
By: /s/ Xxxxx XxXxxx
-------------------------------
Title: President
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EXHIBIT B
BUILDING SUBLEASE
This Sublease, dated as of September 12, 1997, is executed by TIME WARNER
COMMUNICATIONS HOLDINGS, INC., a Delaware corporation, as LANDLORD and XXXXXX
MICRO INC., a Delaware corporation, as TENANT.
1. BASIC DEFINED TERMS. In addition to the terms defined elsewhere in this
Sublease, the parties have utilized the following defined terms:
1.1 PRIME LEASE: The Lease dated June 3, 1994, between CarrAmerica, Inc.
as lessor and Landlord as lessee, originally executed by Quebec
Court Joint Venture No. 2 as landlord and Intelligent Advanced
Systems, Inc. as tenant, as such lease may have been assigned,
amended and supplemented from time to time before the date of this
Sublease.
1.2 PREMISES: The first floor of the office building commonly known as
Quebec Court I, located at 0000 X. Xxxxxx Xxxxxx, Xxxxxxxxx,
Xxxxxxxx (the "BUILDING"), together with any rights and interests
related to the Building as more particularly described in the Prime
Lease.
2. GRANT. Landlord subleases the Premises to Tenant, and Tenant
subleases the Premises from Landlord, for the term, at the rental, and on all
the conditions set forth in this Sublease. This Sublease is subject to the
terms, conditions and limitations of the Prime Lease.
3. TERM AND SURRENDER.
3.1 TERM. The term of this Sublease (the "TERM") will begin October 1,
1997 (the "COMMENCEMENT DATE") and expire March 31, 1998, subject to earlier
termination as provided below. The right of Tenant to occupy the Premises will
begin on the Commencement Date and end October 15, 1997. Despite the end of
Tenant's occupancy of the Premises, Tenant will remain obligated to perform its
obligations under this Sublease, all of which are part of the consideration for
this Sublease.
(a) Tenant's Property and Obligations. Unless Landlord and Tenant
agree in writing otherwise, upon surrender of the Premises, Tenant will remove
all alterations, improvements and additions belonging to Tenant and located on
the Premises. The Premises surrendered by Tenant will be broom clean and in good
condition, ordinary wear and tear and damage by and casualty or condemnation
excepted.
(b) Landlord's Obligations pertaining to Tenant Finish Work. Upon
Tenant's surrender of the Premises as required above, Landlord may proceed to
complete the planning, design and construction of the tenant finish work in the
surrendered Premises as necessary
to prepare those Premises for occupancy and use by Landlord's employees and to
obtain a certificate of occupancy with respect to Landlord's tenant finish work.
In carrying out that work, Landlord will use reasonably diligent efforts to
avoid interfering with any operations of Tenant in the balance of the Premises
throughout the Term. Any personal property, fixtures and equipment maintained by
Landlord or its agents or employees on the Premises during the Terrn will be
maintained at Landlord's risk.
4. RENT.
4.1 TENANT'S OBLIGATIONS. Throughout the Term, and except as provided in
Paragraph 4.2, Tenant agrees to pay directly to the lessor under the Prime Lease
(the "PRIME LANDLORD"), without notice or demand, minimum rent in monthly
installments, payable at the same rate as the Rent defined and specified in
Section 1E of the Prime Lease, and subject to the same rights and obligations
(including, for example, the rights of offset and the obligations for late
charges) as those reserved or imposed on Landlord as lessee under Section 3A of
the Prime Lease ("MINIMUM RENT"). Throughout the Term Tenant will also pay the
Prime Landlord the additional charges levied under the Lease for Tenant's Pro
Rata Share of Building Operating Costs, as defined in Section 6B of the Lease.
These obligations will survive the end of Tenant's possession of the Premises.
Tenant's obligation for the Minimum Rent and additional charges (together,
the "SUBLEASE RENT") are subject to reduction and termination before the
expiration of the Term, as provided in this Paragraph below. Any Sublease Rent
installment for any period of less than one month will be a prorated portion of
the regular monthly installment, based on the number of days in the partial
month for which rent is due.
4.2 LANDLORD'S OBLIGATION. Upon (i) the issuance of a certificate of
occupancy by the local governmental agency having jurisdiction with respect to
any portion of the Premises and (ii) the commencement by Landlord of its regular
business operations in such portion of the Premises (such portion of the
Premises being called, in any case, a "PHASE"), Landlord will pay directly to
the Tenant basic rent for the Phase at the annual rate of $13.50 per rentable
square foot, measured according to the standards utilized by the Prime Landlord
under the Lease, together with a proportionate allocation of the Tenant's Pro
Rata Share of Building Operating Costs (as defined in the Lease) attributable to
the Phase, based on the rentable square foot area of the Phase as compared to
the rentable square foot area of the Leased Premises defined in and covered by
the Prime Lease; however, Landlord will pay those amounts directly to the Prime
Landlord beginning on the date on which Landlord has commenced its regular
business operations in all of the Building.
4.3 PARTIAL TERMINATION OF SUBLEASE. With the commencement of Landlord's
obligation to pay rent for any Phase as provided in Paragraph 4.2 above, this
Sublease with respect to the Phase will terminate for all purposes, and Tenant
will be released from all further liability under this Sublease with respect to
the Phase in question, arising on or after the termination date.
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No additional writing will be required to effect the partial termination for any
Phase under this Paragraph 4.3. However, upon the request of either party, both
Landlord and Tenant will join in executing a certificate confirming on a given
date the extent of the Premises remaining subject to this Sublease.
5. USE. Tenant will use the Premises, if at all, only for the uses
permitted under the Prime Lease. Tenant will not do or permit to be done in or
about the Premises, nor bring or maintain in or on the Premises, anything or any
condition which is prohibited by the terms of the Prime Lease.
6. UTILITIES AND BUILDING SERVICES. Landlord will enforce its rights, if
any, under the covenants made by the Prime Landlord to provide utility service
and Building Services (defined in Section 5 of the Prime Lease). In the event of
any interruption in the utility service to the Premises or in any Building
Services, Tenant will be entitled to an abatement of the Sublease Rent to the
extent and as long as Landlord is entitled to any abatement of the rent payable
under the Prime Lease.
7. REPAIR AND MAINTENANCE.
7.1 TENANT'S OBLIGATIONS. Except for Building Services provided by the
Prime Landlord, Tenant, at its cost, will cause to be performed such maintenance
in any part of the Premises not surrendered to Landlord under the provisions of
Paragraph 3 above, as reasonably necessary to maintain such portions of the
Premises in clean and orderly condition and in good repair, ordinary wear and
tear and damage caused by the Prime Landlord or Landlord excepted.
7.2 LANDLORD'S OBLIGATIONS. Landlord will enforce its rights, if any,
under the covenants made by the Prime Landlord to maintain and repair the
Premises.
8. ASSIGNMENT AND SUBLETTING. Tenant will not assign or encumber this Lease
or any interest in it and will not sublet the Premises, without first complying
with the Prime Lease and obtaining Landlord's written consent, not to be
unreasonably withheld.
9. INDEMNITY.
9.1 TENANT'S INDEMNITY. Tenant will indemnify, defend and hold Landlord
harmless against and from any and all claims, demands, suits, actions and
judgments, and all costs and expenses related to the same (including without
limitation reasonable attorneys' fees, court costs and other expenses of
litigation), and all actual damages and liabilities attributable to (i) the
injury, death, disability or illness of any person, or damage to any property
occurring in, on or about the Premises before they are surrendered to Landlord,
or arising from Tenant's conduct of its business or from any activity, work or
other things done or permitted by Tenant in or about the Premises not
surrendered to Landlord; or (ii) any breach or default in the performance of any
of Tenant's
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obligations under this Sublease; or (iii) any action or negligence on the part
of Tenant or its employees, agents. independent contractors, licensees or
invitees that constitutes a violation of the Prime Lease; or (iv) any act or
negligence of Tenant, except with respect to those claims waived pursuant to
Paragraph 10.2 below.
9.2 LANDLORD'S INDEMNITY. Landlord will indemnify, defend and hold
Tenant harmless against and from any and all claims, demands, suits, actions and
judgments, and all costs and expenses related to the same (including without
limitation reasonable attorney' fees, court costs and other expenses of
litigation), and all actual damages and liabilities attributable to (i) the
injury, death, disability or illness of any person, or damage to any property
occurring in, on or about the Premises after they are surrendered to Landlord,
or arising from Landlord's tenant finish work or other activity in any
surrendered portion of the Premises; or (ii) any breach or default in the
performance of any of Landlord's obligations under this Sublease; or (iii) any
action or negligence on the part of Landlord or its employees, agents,
independent contractors, licensees or invitees that constitutes a violation of
the Prime Lease; or (iv) any act or negligence of Landlord, except with respect
to those claims waived pursuant to Paragraph 10.2 below.
10. INSURANCE.
10.1 TENANT'S COVERAGE. Throughout the Term, Tenant will carry insurance
in the form and with the coverage and endorsements required of the tenant under
Section 6B of the Prime Lease. Tenant will name Landlord and the Prime Landlord
as an additional insured on any liability policy carried by Tenant, and Landlord
will name Tenant as an additional insured on any liability policy carried by
Landlord.
10.2 WAIVER OF CLAIMS. Landlord and Tenant waive and release each other
from any and all rights of recovery, claim, action or cause of action against
each other, their agents, officers and employees, for any casualty loss or
damage that may occur to the Premises, improvements to the Building, or personal
property within the Building or on the Premises, for any reason regardless of
cause or origin. Each party agrees immediately after execution of this Sublease
to give each insurance company which has issued to it policies of fire and
extended coverage insurance, written notice of the terms of the mutual waivers
contained in this paragraph, and if necessary, to have the insurance policies
properly endorsed.
11. HOLDING OVER. If Tenant holds over after the expiration of Tenant's
right of possession without written agreement providing otherwise, Tenant will
be deemed to be a tenant from month to month,. at a monthly Minimum Rent,
payable in advance directly to Landlord instead of the Prime Landlord, equal to
150% of monthly Minimum Rent payable during the Term. During any hold over
period, Tenant will be bound by all the other terms, covenants and agreements of
this Sublease as the same may apply to a month-to-month tenancy. Nothing
contained in this Sublease will be construed to give Tenant the right to hold
over at any time, and Landlord may exercise any and all remedies at law or in
equity to recover possession of the Premises, as well as any damages
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incurred by Landlord, due to Tenant's failure to vacate the Premises and deliver
possession to Landlord as required under this Sublease.
12. DEFAULT BY TENANT.
12.1 EVENTS OF DEFAULT. Each of the following will constitute an "EVENT
OF DEFAULT" under this Sublease:
(a) Failure to Pay Rent or Other Amounts. If Tenant fails to pay
Sublease Rent or any other amount payable by Tenant when due under the terms of
this Sublease.
(b) Violation of Sublease Terms or Prime Lease. If Tenant fails to
comply with any provision of this Sublease applicable to Tenant or commits any
action or permits any condition which may be deemed a violation of the Prime
Lease, and such breach is not covered by the provisions of Section 12.1(a) above
and continues for a period of 10 days after notice by Landlord to Tenant; or, if
such failure to comply cannot reasonably be cured within such 10-day period, if
Tenant does not commence in good faith to cure such breach within such 10-day
period or does not diligently complete such cure within a reasonable period
after such notice from Landlord.
12.2 LANDLORD'S REMEDIES. Upon the occurrence of any Event of Default,
Landlord will have the right, at Landlord's election, then or at any later time,
to exercise any one or more of the following remedies:
(a) Cure by Landlord. Landlord may, at Landlord's option, make any
payment or take any action as Landlord may deem necessary or desirable to cure
Tenant's default. Tenant covenants and agrees to pay to Landlord, within 10 days
after demand, all reasonable advances, costs and expenses of Landlord in
connection with the making or any such payment or the taking of any such action,
including reasonable attorney's fees, together with interest at the annual rate
of 12% from the date of payment of any such advance, cost and expense by
Landlord.
(b) Termination of Sublease and Damages. Landlord may terminate this
Sublease, effective at such time as specified by written notice to Tenant, and
recover possession of the Premises from Tenant. Tenant will remain liable to
Landlord for all amounts owing as of the date of termination, plus damages in an
amount equal to the amount which would have been owing by Tenant under this
Sublease for the balance of the Term had this Sublease not been terminated.
13. DEFAULT BY LANDLORD.
13.1 NOTICE AND CURE. Landlord will not be in default unless Landlord
fails to perform obligations required of Landlord within 10 days after written
notice by Tenant to Landlord specifying how Landlord has failed to perform such
obligations; provided, however, that if the nature
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of Landlord's obligations is such that an extended time is required for
performance, then Landlord will not be in default if Landlord commences
performance within such 10 day period and then diligently prosecutes the same to
completion.
13.2 REMEDIES. In the event of a default by Landlord, Tenant will have
the right, at its option, to make any payment or take any action as Tenant may
deem reasonably necessary or desirable to cure Landlord's default. Landlord
covenants and agrees to pay, within 10 days after demand, all advances, costs
and expenses of Tenant in connection with Tenant's making such payment or taking
such action, with interest at the annual rate of 12% from the date of payment of
any such advance, cost or expense by Tenant. Tenant will also have such other
remedies available with respect to offset of rent due under the Prime Lease and
available at law or in equity, including without limitation, the right to
damages or injunctive relief. Those remedies will be cumulative.
14. DAMAGE AND DESTRUCTION. If the Premises are damaged or destroyed by
fire or other casualty, and if the Premises are restored before the expiration
of the Term pursuant to the terms of the Lease, then this Sublease will continue
in full force and effect. Tenant will not be responsible for restoration of the
Premises or any property other than Tenant's personal property and trade
fixtures. Sublease Rent payable by Tenant will be abated to the extent and as
long as the rent payable by Landlord under the Lease applicable to the Premises
is abated. If the Lease is terminated following a casualty event, this Sublease
will terminate at the same time.
15. CONDEMNATION. If the whole or substantially the whole of the Premises
is taken by eminent domain as described in Section 14 of the Lease, then either
Landlord or Tenant may terminate this Sublease by written notice to the other.
If less than the whole or substantially the whole of the Premises is taken, and
if, after that partial taking, the Lease remains in effect, then this Sublease
will also remain in effect, and Sublease Rent will be reduced to account for the
loss of any of the Premises under the same terms and conditions as set forth in
the Lease. Tenant will not have any claim to any condemnation award relating to
the Premises.
16. GENERAL PROVISIONS.
16.1 BINDING EFFECT. The covenants and conditions contained in this
Sublease will inure to the benefit of and bind the successors and permitted
assigns of the parties.
16.2 EXECUTION; OTHER AGREEMENTS. This Sublease will not be effective or
binding on any party until fully executed by both parties. Further, this
Sublease is conditioned upon the execution by the Agreement for Assignment of
Lease dated the date of this Sublease, among CarrAmerica, Inc., Landlord and
Tenant (the "ASSIGNMENT"), and the satisfaction of the conditions stated in the
Assignment.
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16.3 PARTIAL INVALIDITY. Any provision of this Sublease which proves to
be invalid, void or illegal will not affect, impair or invalidate any other
provision of this Sublease, and such other provisions will remain in full force
and effect.
16.4 CHOICE OF LAW. This Sublease will be governed by and construed in
accordance with the laws of the State of Colorado.
16.5 ATTORNEYS' FEES. In the event any action or proceeding is brought
by either party against the other under this Sublease, the prevailing party,
whether by judgment or out of court settlement, will be entitled to recover its
court costs and reasonable attorneys' fees in such action or proceeding,
including costs of appeal, if any, plus other expenses of litigation.
16.6 NOTICES. Any notices given under this Sublease will be given and
effective as provided in the Assignment.
16.7 TIME. In the event that a deadline for performance by either party
under this Sublease falls on a Saturday, Sunday or holiday generally recognized
by banking institutions in Colorado, performance will be deemed timely if
completed on the next business day.
LANDLORD:
Time Warner Communications Holdings, Inc., a
Delaware corporation
By: /s/ Xxxxx XxXxxx
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Title: President
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TENANT:
Xxxxxx Micro Inc., a Delaware corporation
By: Signature Illegible
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Title: Vice-President
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