EXHIBIT 10.3
Lease
This Indenture, made this 14th day of November, 2003 by and between
Lewinger Xxxxxxxx Santa Fe LLC (for purposes of this Lease any reference to
Lessor is actually the position of Sublessor) hereinafter, whether singular,
plural, masculine, feminine, neither, designated as "Lessor", which espression
shall include Lessor's heirs, personal representatives, assigns and successors
in interest, and CytoDyn Inc. a Colorado Corporation (for purposes of this lease
any reference to Lessee ix actually the position of Sublessee) hereinafter,
plural, masculine, feminine, or neuter, designated as "Lessee", which expression
shall include all Lessee's, jointly and severally, and shall include Lessee's
heirs, personal representatives, assigns, and successors in interest;
WITNESSETH:
I. DEMISE OF PREMISES.
Lessor, for and in consideration of the covenants and agreements herein
contained to be kept and performed by Lessee. Lessee's heirs personal
representatives, assigns, and successors in interest, and upon the terms and
conditions herein contained, does hereby let, lease, and demise to Lessee the
following described premises situated in the city of Santa Fe, in the county of
Santa Fe, State of New Mexico, to-wit:
The one office space further described on Exhibit B, attached hereto and made a
part hereof, which is a part of Suite 1, 000 Xxxx Xxxxxxxx, Xxxxx Xx, XX 00000
II. TERM OF LEASE
The term of this lease shall be for a period of Twelve (12) months, beginning on
the 14th day of November, 2003, and ending on the 30th day of November, 2004.
Subject to the status of Lessor's lease.
III. RENT
Lesee, for and in consideration of this Lease and the demise of the said
premises by Lessor to Lessee, hereby agrees and covenants with Lessor to pay as
rent for said premises, without notice or demand, the sum of Four Hundred Ninety
Five Dollars ($495.00) per month in the following manner to wit.
Payable on the first of each month. Upon execution of this lease, Lessee will
pay the proraate rent for the remainder of November, 2003 and a $495.00 security
deposit.
All of the rent shall be paid by Lessee to Lessor or Lessor's order in lawful
money of the United States at 000 Xxxx XxXxxxxx Xxxxxx, Xxxxx 0, Xxxxx Xx, XX
00000 or at such other place as Lessor may designate from time to time for this
purpose.
IV. USE OF PREMISES
Lesse, for and in consideration of this Lease and the demise of the said
premises by Lessor to Lessee, hereby agrees and convenants with Lessor to use
and occupy the said premises for the purpose of professional office space and
for no other purpose without first obtaining written consent of Lessor therfor,
Lessee shall not use or occupy or permit the demised premises to be used or
occupied, or do or permit anything to be done in or on the demised premises, in
a manner which will make void or voidable any insurance then in force with
repect thereto, or which will make it impossible to obtain fire or other
insurance required to be furnished hereunder, or which will cause or be likely
to casue structural damage to the demised premises or any portion thereof, or
which will constitute a public private nuisance. Further, the Lessee shall not
use or occupy or permit the demised premises to be used or occupied for any
other business, purpose, or be deemed disreputable or extra-hazardous, or for
any purpose or in any manner which is in violation of any present or future
municipal. state and federal ordinances, laws, rules and regulations.
V. CONDITION OF PREMISES AND REPAIRS.
Lessee, for and in consideration of this Lease and the demise of the said
premises, hereby agrees and covenants with Lessor that Lessee has examined the
said premises prior to execution hereof, knows the condition thereof, and
acknowledges that Lessee has received the said demised premises in good order
and condition, and that no representation or warranty as to the condition or
repair of the said premises has been made by Lessor, and, at the expiration of
the term of this Lease, or any renewal or extension thereof, Lessee will yield
up peaceably the said premises to Lessor in as good order and condition as when
the same were entered upon by Lessee, loss by fire or inevitable accident, damge
by the elements, and reasonable use and wear excepted; that Lessee wil keep, at
Lessee's own expense, the said premises in good order and repair during the term
of this Lease, or any extension or renewal therof, and will repair and replace
promplty, at Lessee's own expense, any and all damage, including, but not
limited to, damage to roof, walls, floors and foundations, heating and cooling
units, plumbing, glass, sidewalks, and all other appertenances, that may occur
from time to time; that Lessee hereby waiver any and all right to have such
repairs or replacements made by Lessor or at Lessor's expense; and that, if
Lessee fails to make such repairs and replacements promptly, or if such repairs
and replacements have not been made within fifteen (15) days after the
occurrence of damage, Lessor may, at Lessor's option, make such repairs and
replacements, and Lessee hereby agrees and covenants to repay the cost thereof
to Lessor on demand.
VI. LIABILITY OF LESSOR.
Lessor, for and in consideration of this Lease and the demise of the said
premises, hereby agrees and covenants with Lessor that Lessor shall not be
liable for any damge to persons or property arising from any cause whatsoever,
which shall occur in any manner in or about the said premises, and Lessee hereby
agrees to indemnify and save harmles Lessor from any and all claims and
liability for damage to persons or property arising from any cause whatsoever,
which shall occur in any manner in or about the said demised premises, or to any
part thereof, or to any property or effects therein or thereon, caused by
leakage from the roof of said premises or by bursting, leakage, or overflowing
of any waste pipes, water pipes, tanks, drains, or stationary washstands or by
reason of any damage whatsoever caused by water from any source whatsoever, and
Lessee hereby agrees and covenants to indemnify and save harmless Lessor from
any and all claims and liability for any damage to the said demised premises; or
to any part thereof, or to any property or effects therein or thereon.
VII. REQUIREMENTS OF PUBLIC AUTHORITY.
Lessee, for and in consideration of this Lease and the demise of the said
premises, hereby agress and covenants with Lessor that during the term of this
Lease, Lessee shall, at its own cost and expense, promptly observe and comply
with all present and future municipal, state, and federal ordinances, laws,
rules, and regulations affecting the demised premises or apportenances thereto,
or any part thereof whether the same are in force and effect at the time of the
commencement of the term of this Lease or may in the future be passed, enacted,
or directed, and Lessee shall pay all costs, expenses, liabilities, losses,
damages, fines, penalties, claims, and demands, including reasonable attorney's
fees, that may in any manner arise out of or be imposed because of the failure
of Lessee to comply with the covenants and agreements of this paragraph VII.
Further, Lessee hereby agrees and covenants with Lessor that if Lessee fails to
comply promptly with any present or future municipal, state, and federal
ordinances, laws, rules, and regulations, or fails to comply by such time that
compliance may be required by law, Lessor may, at Lessor's option, take such
actions as may be necessary to comply with all present and future municipal,
state, and federal ordinances, laws, rules, and regulations, and Lessee hereby
agrees and covenants to repay the cost incurred by Lessor in taking such action
to Lessor on demand.
VIII. ALTERATIONS, ADDITIONS, AND IMPROVEMENTS.
Lessee, for and in consideration of this Lease and the demise of the said
premises, hereby agrees and covenants with Lessor that Lessee shall not make, or
suffer or permit to be made, any alterations, additions, or imporvements
whatsoever in or about the said demised premises without first obtaining the
written consent of Lessor therefore, provided, however, that such consent, if
given shall be subject to the express condition that any and all alterations,
additions, and improvements shall be done at Lessee's own expense and in
accordance and compliance with all applicable municipal, state, and federal
ordinances, laws, rules, and regulations, and that Lessee hereby covenants and
agrees with Lessor that in doing and performing such work, Lessee shall do and
perform the same at Lessee's own expense, in conformity and compliance with all
applicable municipal, state, and federal ordinances, laws, rules, and
regulations, and that no liens of mechanies, materialmen, laborers, architects,
???????, contractors, sub-contractors, or any other lien of any kind whatsoever
shall be created against or imposed upon the said demised premises, or any part
thereof, and that Lessee shall indemnify and save harmless Lessor from any and
all liability and claims for damages of every kind and nature which might be
made, or from judgments rendered against Lessor or against said demised premises
on account of or arising out of such alterations, additions, or improvements.
IX. OWNERSHIP OF ALTERATIONS, ADDITION, AND IMPROVEMENTS.
Lessee, for and in consideration of this Lease and the demise of the said
premises, hereby agrees and covenants with Lessor that any and all alterations,
additions, and improvements, except signs, shelving, movable furniture and
equipment not affixed to the roof, walls, or floors, made at Lessee's own
expense after having first obtained the written consent of Lessor therefor, in
accordance with the provisions contained in Paragraph VIII hereof, whether or
not attached to the roof, walls, floors, foundations, or the premises in any
manner whatsoever, shall immediately merge and become a permanent part of the
reality, and any and all interest of the Lessee therein shall immediately vest
in Lessor, and all such alterations, additions, and improvements shall remain on
the said premises and shall not be removed by Lessee at the termination of this
Lease. The signs, shelving, moveable furniture and equipment not affixed to the
roof, walls, or floors, shall be removed by Lessee at Lessee's expense on or
before the termination of the Lease, and Lessee shall repair any damage caused
thereby at Lessee's own expense, such that the premises shall be in as good
order and condition as when the same were entered upon by Lessee.
X. ASSIGNMENT AND SUBLETTING. See Exhibit A.
Lessee, for and in consideration of this Lease and the demise of the said
premises, hereby agrees and covenants with Lessor that neither Lessee nor
Lessee's heirs, personal representatives, assigns, or successors in interest
shall assign this Lease or sublet the said demised premises, in whole or in
part, without first obtaining the written consent of Lessor therefore, that no
assignment of this Lease or any subletting of the said demised premises, in
whole or in part, shall be valid, except by and with the written consent of
Lessor first obtained; that the consent of Lessor to any such assignment or
subletting shall not operate to discharge Lessee or Lesse's heirs, personal
representatives, assigns, or successors in interest from thir liability upon the
agreements and covenants of this Lease, and Lessee, Lessee's personal
representatives, assigns, and successors in interest shall remain liable for the
full and complete performance of all of the terms, conditions, covenants, and
agreements herein contained as principals and not as guarantors or sureties, to
the same extent as though no assignment or sublease had been made; that any
consent of Lessor to any such assignment or subletting shall not operate as a
consent to further assignment or subletting or as a waiver of this covenant and
agreement against assignment and subletting and that following any such
assignment or subletting the assignee and/or sublettee shall be bound by all of
the terms, conditions, covenants, and agreement herein contained including the
covenant against assignments and subletting.
XI. UTILITY AND OTHER CHARGES. See Exhibit A - Utilities paid by Lessor.
XII. LESSOR'S RIGHT OF ENTRY AND TO MAKE ALTERATIONS, ADDITIONS, AND
IMPROVEMENTS.
Lessee, for and in consideration of this Lease and the demise of the said
premises, hereby agrees and covenants with Lessor that Lessor, Lessor's heirs,
personal representatbies, assigns, agents, attorneys, and successors in interest
shall have the right at any time, upon reasonable notice to Lessee, to enter
upon the said premises to inspect the same and to make any and all improvements,
alterations, and additions of any kind whatsoever upon the said premises,
providing such improvements, alterations, and additions are reasonably necessary
or convenient to the use to which the said premises are being put at the time,
but at no time shall Lessor be compelled or required to make any improvements,
alterations, or additions.
XIII. TAXES, OTHER ASSESSMENTS, AND INSURANCE.
Lessee and Lessor hereby covenant and agree that all taxes and special and
general assessments of whatsoever kind and nature, extraordinary as well as
ordinary, which have been or may be levied upon the said demised premises and
upon any alterations, additions, and improvements thereon, shall be paid by
Owner at the time when the same become due and payable, and that all taxes and
special and general assessments of whatsoever kind and nature, extraordinary as
well as ordinary, which have been or may be levied upon the personal property
located upon the said demised premises shall be paid by Lessee at the time when
the same shall become due and payable. Lessee, for and in consideration of this
Lease and the demise of the said premises, hereby agrees and covenants with
Lessor to carry and maintain in fullforce and effect during the term of this
Lease, and any extension or renewal thereof, at Lessee's expense, public
liability insurance covering bodily injury and property damage liability, in a
form and with an insurance company acceptable to Lessor, with limits of coverage
of not less than $500,000 for each person and $1,000,000 in the aggregated for
bodily injury or death liabilty for each accident and $100,000 for property
damage liability for each accident, for the benefit of both Lessor and Lessee as
protection against all liability claims arising from the premises. Lessee hereby
agrees and covenants with Lessor to deliver a copy of the insurance policy or
policies to Lessor at the beginning of the term of this Lease, or as soon
thereafter as practible, and to give Lessor not less than ten (10) days written
notice informing Lessor of the expiration of any such policy. Fire and extended
coverage insurance upon all buildings, alterations, and imporvements upon the
said premises shall be provided for as follows: Owner of the building, and fire
and extended coverage insurance upon all of the contents and other personal
property situated upon the said premises shall be provided for as follows: Owner
of such personal property.
It is understood and agreed by and between the parties that a copy of each
policy of fire and extended coverage insurance shall be provided to the parties
hereto at the beginning of the term of this Lease, or as soon thereafter as
practicable, and that the party who is responsible for paying the premioms on
each policy of fire and extended coverage insurance shall give the other party
not less than ten(10) days' written notice informaing theo ther party of the
expiration of any such policy.
XIV. HOLDING OVER.
Lessee, for and in consideration of this Lease and the demise of the said
premises, hereby agrees and covenants with Lessor that there will be no holding
over by Lessee after the expiration of this Lease, or any renewal or extension
thereof.
XV. BANKRUPTCY AND CONDEMNATION.
Lessee, for and in consideration of this Lease and the demise of the said
premises, hereby agrees and covenants with Lessor that should Lessee make an
assignment for the benefit of creditors or should be adjudged bankrupt, either
by voluntary or involuntary proceedings, or if otherwise a receiver or trustee
should be appointed by any court of competent jurisdiction for Lessee because of
any insolvency, or any execution, attachment, replevia, or other court order
should be issued against the Lessee or any of Lesse's property whereby the
demised premises or any building or buildings, or alterations, additions, or
improvements thereon, shall be deemed a breach of this Lease, and, in such
event, Lessor shall have the option to forthwith terminate this Lease and to
re-enter the said demised premises and take possession thereof, whereupon Lessee
shall quit and surrender peaceable the said demised premises to Lessor. In no
event shall this Lease be deemed an asset of Lessee after the assignment for the
benefit of creditors, the adjudication in bankruptcy, the appointment of a
receiver or trustee, or the issurance of a Writ of Execution, a Writ of
Attachement, a Writ of Replevia, or other court order against Lessee or Lessee's
property whereby the demised premises or any building or buildings, or
alterations, additions, or improvements thereon, shall be taken or occupied or
attempted to be taken or occupied by someone other than the Lessee. Further,
Lessee hereby covenants and agrees with Lessor that in the event the said
demised premises, or any part thereof, shall be taken for any public or
quasi-public use under any Statute or by right of eminent domain, this Lease
shall automatically terminate, as to the part so taken, as of the date
possession shall have been taken, and the rent reserved shall be adjusted so
that Lessee shall be required to pay for the remainder of the term that portion
of the rent reserved in the proportion that the said demised premises remaining
after the taking for public or quasi-public use bears to the whole of the said
demised premises before the taking for public or quasi-public use. All damages
and payments resulting from the taking for public or quasi-public use of the
said demised premises shall accrue to and belong to Lessor and Lessee shall have
the right to any part thereof.
XVI. DESTRUCTION
Lessee, for and in consideration of this Lease and the demise of the said
premises, agrees and covenants with Lessor that if at any time during the term
of this Lease, or any execution or renewal thereof, the said demised premises
shall be totally or partialy destroyed by fire, flood, earthquake, or other
calamity then Lessor shall have the option to rebuild or repair the building or
buildings, and any alterations, additions, or improvements on the demised
premises in as good condition as they were immediately prior to such calamity,
proved, however, that such rebuilding or repair shall commence within a period
of thirty days after notice in writing to Lesor of such destruction or damage.
In such case, a just an proportenate part of the rental herein specified shall
be abated until such demised premises shall have rebuilt and repaired. In case,
however, Lessor shall within thirty dayd following notice in writng to him of
such damage elect not to rebuild or repair said premises, Lessor hall so notify
Lessee and therupon this Lease shall terminate and become null and void.
Moreover, in no event, shall Lessor have any duty or obligation to rebuild or
repair any sign, shelving, moveable furniture, equipment not affixed to the
roof, walls, or flors as a permanent part of the realty, or any other personall
property owned or leased by the LEssee and used to carry out the purpose for
which Lessee is leasing the demised premises.
XVII. SIGNS
Lessor and Lessee covenant and agree that Lessee may at Lesse's own expense
erect and maintain a sign or signs to carry out the purpose for which Lessee is
leasing hte said demised premises, provided, however, the location, type and
design of all exterior signs shall be first approved in writing by Lessor and
Owner of building. Upon the expiration of this Lease, or any renewal or
estension thereof, Lesse shall remove such sign and shall repair any adamge to
the premises caused thereby at Lessee's one expense. Further, at any time within
thirty days prior to the termination of this Lease or any renewal or extension
thereof, Lessor sahll have the right to place upon any part of said demised
premises an "For Rent" or "For Lease" signs that Lessor may select.
VIII. TERMINATION AND REMEDIES. See Exhibit A.
It is expressly understood and agreed between the parties hereto, that if the
rent above reserved, or any pary thereof, shall be in arrears or unpaid on the
day of payment whereon the same ought to be paid as aforesaid, or fi default
shall be made in any of the covenants or agreements herein conatined to be kept
by Lessee, Lessee's heirs, personal representatives, assigns, and successors in
inerest, it shall and may be lawful for the Lessor, Lessor's heirs, personal
representatives, agents, attorneys, assigns, or successors in interest, at
Lessor's election, to declare said term ended and to re-enter said premises, or
any aprt thereof either with or without process of law, and to expel, remove,
and put out the Lessee, or any other person or persons occupying the demised
premises, using such force as may be necessary in so doing, and to repossess and
enjoy the same premises again as in as first and former state, and to distrain
for any rent that may be due thereon any property belonging to Lesee, whether or
not the same be exempt from execution and distress by law, and Lessee in that
case hereby waives any and all legal rights which Lessee now has or may have, to
hold or retain any such property uner any execmption laws now or hereafter in
force in the State of New Mexico, or in any other way it is the intent of the
parties hereto to hereby recofnize in Lessor, Lessor's heris,personal
representatives, assigns, or successors in interest, a valid first lien as
provided by the laws of New Mexico, upon any and all goods, chattels, and other
prperty belonging to Lessee and located in said premises, as security for the
payment of said rent and fulfillment of the faithful performance of the
agreements, covenants, terms and conditions hereof as herein provided anything
herein before mentioned to the contrary notwithstanding. And if at any time said
term shall be ended at such election of Lessor, Lessor's heirs, personal
representatives, assigns or successors in interest, do hereby covenant and agree
to surrender and eliver up the above described premises and property peaceably
to Lessor, Lessor's heirs, personal representatives assigns or successors in
interes, immediately upon the termination of said term as aforesaid and if
Lessor shall remain in possession of the same ten(10) days after notice fo such
default, or after the termination of the Lease in any of the ways above named.
Lessee shall be deemed guilty of a forcible detainer of said premises under the
laws of New Mexico and shall be subject to tall the conditions and provision
above named, and shall also be subject to eviction and removal forcible or
otherwise, with or without process of law as above stated. Further, it is
covenanted and agreed by and between the parties hereto that at any time after
any such termination, the Lessor may refer the demised premises, or any part
thereof, in the name of the Lessor or otherwise, for such term and or such
conditions as the Lessor, in Lessor's sole and absolute diecretion may
determine, and may collect and receive the rent therefor. Moreover, in the event
Lessor relets the demised premises or any part thereof, it is explicitly
understood and agreed by and between the parties hereto that the term may be
greater or lesser than the period which would otherwise have constituted the
balance of the term of this Lease, and the conditions may include free rent or
other concession which may be reasonable required to induce another party to
leaseth demised premises. Notwithstanding anythgin herein to the contrary, the
Lessor shall have no obligation hereunder to relet the demised premises, or any
part thereof, and shall in no way be responsible or liable for any failure to
collect any rent due upon such reletting. It is also covenanted and agreed by
and between the parties hereto that no such termination fo this Lease shall
event of any such termination, whether or not the demised premises, or any part
thereof, shll have been relet the total remining balance of the rent which would
be due and payable for the remainder of the term of this Lease. If this Lease
were stil in effedt, lessthe net proceeds of any reletting effected pursuant to
the Lessor's sole discretion, after deducting from the net proceeds all fo the
Lessor's expenses in conneciton with such reletting, including, without
limitation, all repossession costs, brokerage commissions, legal expenses,
reasonable attorney's fees, alteration costs, and expenses of prepartion for
such reletting, shall become immediately due and payable, as and for liquidated
damages by of such termination, an amount equal to the maximum allowed by and
statute or rule of law in effect at the time when and governing the proceedings
in which such damages are to be proved, whether or not such amount be greater
than, equal to , or less than the amount of the difference referred to above,
and whether or not such amount shall be immediately or otherwise due and
payable. Further, it is covenanted and agreed to by and between the parties
hereto, that in addition to other remedies provided for in this Lease, the
Lesssor shall be entitled to restraint by injunction of the violation, or
attempted or threatened violation, of any agreement or covenant of this Lease,
or to a decree specifically compelling perfomance of such ag\reement or
covenant. The Lesee, the Lesee's heirs, personal representatives, assigns or
successors in the institution of legal proceeding to that end. Lessee, the
Lesse's heirs, personal representatives, assigns or successors in interest to
provided for in any statute or of hereby expressly waives any right of
redemption or re-entry or repossession or to restore the operation of this Lease
in case the Lessee shall be dispossess by a judgment or by warrant of any court
or judge or in case o re-entry or repossession bythe Lessor. It is further
covenanted and agreed by and between the parties hereto, that the Lessee shall
pay and discharge all costs, reasonable attorney's fees, and expenses incurred
by Lessor, Lessor's heirs, personal representatives, assigns or successors in
interest in enforcing the covenant of this Lease, or incurred by Lessor in
pursuing any or all remedies which are or may be available hereunder or allowed
at law or in equity, or incurred by lLessor in connection with reletting the
demised premises.
XIX. LESSOR'S REMEDIES ARE CUMULATIVE.
The specified remedies to which the Lessor may resort under the terms of this
Lease are cumulative and are not intended to be exclusive of any other remedies
or means of redress in which the Lessor may be lawfully entitled in case of any
breach or threatened breach by the Lessee of any or the agreements and covenants
herein contained.
XX. WAIVERS.
Lessee, for and in consideration of this Lease and the demise of the said
premises, agrees and covenants with Lessor that the delay or omission in the
enforcement of any of the agreements and covenants herein contained, or in the
exercise of any of Lessor's rights hereunder, shall not effect the duty of the
Lessee to thereafter faithfully fulfill and perform all of the agreements and
covenants herein contained, and that the failure, neglect, or omission of Lessor
to terminate this Lease for any one or more breached of any agreements and
covenantas hereof, shall not be deemed a consent by Lessor of such breach and
shall not impede, impair, carop, bar, or prevent Lessor from thereafter
terminating the Lease either for suc hviolation, or for prior or subsequent
violations of any covenant or agreement hereof.
XXI. BINDING ON HEIRS, PERSONAL REPRESENTATIVE, ASSIGNS, AND SUCCESSORS IN
INTEREST
It is understood and agreed by and between the parties herein that the
agreements, covenants, terms, conditions, provisions, and undertakings in this
Lease, or in any extension or renewal thereof, shall extend to and be binding
upon the heirs, peronal representative, assigns, and successors in interest of
the respective parties hereto, as if they were in every case named and expessed
and shall be construed as running with the Land and wherever reference is made
to either of the parties hereto, it shall be held to and include and apply also
to the heirs, personal representative, successors, and assign of such pary, as
if in each and every case so expressed.
XXII. ADDRESSES FOR NOTICES.
Any and all notices required or permitted to be given hereunder shall be
considered to have been given if in writing and delivered to the reespective
aprty designated below upon the date of such personal delivery, or upon a date
three (3) days following the mailing of any such notice by certified or
registerd mail, return receipt requested, addressed to the respective party at
the respective address set forthe below, or at such other address as either
party may furnish the other for this purpose by written notification delivered
or mailed to the other as herein provided.
NOTICES OT LESSOR: NOTICES TO LESSEE:
000 Xxxx XxXxxxxx Xx. 000 Xxxx XxXxxxxx Xx.
Xxxxx 0 Xxxxx 0
Xxxxx Xx, XX 00000 Xxxxx Xx, XX 00000
XXIII. DECLARATION OF CONTRACTUAL LIABILITY
If there is more than one party Lessee, the covenants and agreements of the
Lessee shall be joint and several obligations fo each such party
XXIV. GRAMMATICAL USAGE
In construing this Lease, feminine or neuter pronouns shall be substituted for
those masculine in form and vice versa, and plural terms shall be substituted
for singular and singular for plural in an yplace in which the context so
requires.
XXV. COVENANT TO EXECUTE ADDITIONAL INSTRUMENTS
The parties hereto hereby agree to execute and deliver any instruments in
writing necessary to carry out any agreement, covenant, term, conditions, or
assurance in this Lease whenever so occasion shall arise and request for such
instrument shall be made.
XXVI. SEVERABILITY.
If any provision of this Lease, or any applicaion thereof shall be declared
invalid or unenforceable by any court of competent jurisdiction, the remainder
of this Lease and any other application of such provision, shall continue in
fullforce and effect.
XXVII. CAPTIONS
The section headings are for convenience of refernce only and shall not
otherwise affect the meaning hereof.
XXVIII GOVERNING LAW.
This Lease shall be governed by and construed in accordance with the laws of the
State of New Mexico.
XXIX AMENDMENTS.
It is understood and agreed by and between the parties hereto that this Lease
shall not be altered, changed or amended except by instrument in writing
executed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and
year first above written.
LESSOR: LESSEE:
------------------------------- -------------------------------
Xxxxxxx Xxxxx For Lessor
------------------------------- -------------------------------
ACKNOWLEDGEMENTS
A. For a natural person in his own right
STATE OF NEW MEXICO }
} ss.
COUNTY OF _________ }
This instrument was acknowledged before on _______________, 20__
(date)
by __________________________
Name(s) of person(s) _______________________
Notary Public
My commission expires ____________________
(SEAL)
B. For a coporation or incorporated association:
STATE OF NEW MEXICO }
} ss.
COUNTY OF _________ }
This instrument was acknowledged before on _______________, 20__
(date)
by __________________________
Name(s) of person(s) _______________________
Notary Public
