Exhibit 10.59
Lease Assignment and Assumption Agreement
This Lease Assignment and Assumption Agreement ("Agreement") is entered into
between MES - Maine Education Services. ("MES") as assignor and Nelnet Corporate
Services, Inc. ("Nelnet") as assignee, with the consent of One City Center
Associates ("Landlord"), and is effective as of the 1st day of February, 2004.
WHEREAS, Landlord and MES are parties to that certain "One City Center Office
Lease Agreement" (the "Lease") dated as of January 1, 2000, whereby MES leases
the 11th floor of Xxx Xxxx Xxxxxx, Xxxxxxxx, Xxxxx. A copy of the Lease is
attached as Exhibit A and incorporated herein by this reference; and,
WHEREAS, MES wishes to assign its rights and obligations under the
aforementioned Lease to Nelnet; and,
WHEREAS, Nelnet is willing to accept such assignment and assume such rights and
obligations; and,
WHEREAS, Landlord consents to such assignment and assumption;
NOW, THEREFORE, in consideration of the terms and conditions of this Assignment
and Assumption Agreement, the parties agree as follows:
1. Assignment. Pursuant to Article 13 of the Lease, MES may assign the
Lease with Landlord's consent. Accordingly, MES hereby assigns all
right, title and interest in and to the Lease to Nelnet.
2. Assumption. Nelnet has received a copy of the Lease and agrees to
assume and undertake payment of rent and all other obligations of MES
thereunder as of the effective date of this Agreement, for the benefit
of Landlord and MES.
3. Consent. Landlord hereby expressly consents to the assignment and
assumption contemplated by this Agreement. A copy of Landlord's written
consent is attached hereto and incorporated herein as Exhibit "B".
4. Sublease. The existing Sublease between MES and Xxxxxxx & XxXxx LLC,
dated as of October 22, 2001 shall remain in effect between those
parties, subordinate to Nelnet's rights as Tenant under the Lease.
5. Binding Authority. This Agreement is binding on all successors who
lawfully succeed to the rights or take the place of MES, Nelnet or
Landlord.
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Exhibit 10.59
WHEREFORE, the parties have executed this Agreement below as of the date first
written above.
MES - Maine Education Services, Assignor
By: /s/ Xxxxxx X. Xxxxxxxx
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Name: /s/ Xxxxxx X. Xxxxxxxx
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Title: /s/ Vice President/Secretary
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NELNET CORPORATE SERVICES, INC., Assignee
By: /s/ Xxxxxx X. Xxxxxxxx
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Name: /s/ Xxxxxx X. Xxxxxxxx
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Title: /s/ Executive Director, Secretary
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