SUBLEASE
THIS SUBLEASE AGREEMENT MADE between 0-XXXXXXXX.XXX, INC., hereinafter known
as Sublessor, and LYNKTEL, INC., hereinafter known as Sublessee.
WITNESSETH THAT: Sublessor does hereby sublease and sublet unto Sublessee
all that certain 4,700 square feet of space commonly known as 000 XXXXX
XXXXXXX XXXX. X, XXXXX 000 in the City of HOUSTON, State of TEXAS to be used
or occupied only for general office purposes, including the conduct of a
loan, finance and/or insurance business, for the term of months beginning on
the
5th day of May, 2000, and ending on the
5th day of May, 2004, for a total rental of
FIVE THOUSAND FOUR HUNDRED AND NINETY-TWO DOLLARS AND 00/100
$5,492.00 lawful money of the United States of America, payable as follows:
$5,492.00 on the first day of MAY 2000, and a like amount on the first day
of each and every month during the term of this sublease;
said rent payable to:
0-Xxxxxxxx.xxx, Inc.
0000 Xxxx Xxxxxxx Xx., Xxxxx Xxxxx
Xxxxxxx, XX 00000
or to such other person as Sublessor may from time to time designate by
notice in writing. If the monthly rental payment is not received on or before
five (5) days following the due date, said rental payment shall be in default
and service charge of 10% of the defaulted payment may, at the option of
0-Xxxxxxxx.xxx, Inc., become due and payable.
This sublease is granted and accepted upon the foregoing and upon the
following covenants and conditions and subject to all terms of the attached
master lease, and subject to the following restrictions, to all and every one
of which the parties consent, and each of the parties hereby expressly
covenants and agrees to keep, perform and observe all the terms, covenants
and conditions herein contained on their or its part to be kept, performed
and observed:
HEREINAFTER, THE WORDS LESSOR SHALL BE KNOWN AS SUBLESSOR, LESSEE AS
SUBLESSEE, LANDLORD AS SUBLANDLORD AND TENANT AS SUBTENANT.
FIRST: The lessee shall well and truly pay to the Lessor the rental herein
reserved; without demand therefore, on the days and in the manner herein
prescribed for the payment thereof.
SECOND: Lessee agrees to be responsible for and to relieve and hereby
relieves Lessor from all liability by reason of any damage or injury to any
person or thing which may arise from or be due to the use of the demised
premises, and agrees to keep in force such insurance, in limits acceptable to
Lessor, as covers such contingencies. Lessee agrees to be responsible for
plate glass, if any existing in the premises. Lessor shall carry fire
insurance coverage with loss payable to Lessor and Lessee as their interests
may appear.
THIRD: Lessee agrees to keep the premises clean and in good order; to keep,
at its own expense, the inside of same in as good repair as they are now,
reasonable wear and tear, and damage by fire and/or other casualty excepted;
not to use the premises for any illegal, immoral or environmentally hazardous
purpose and to abide by such reasonable rules and regulations as Lessor may
from time to time promulgate to the tenants in writing. The Lessor shall, at
Lessor's expense, keep the roof and the outside walls of the building
containing the demised premises in good condition and repair and shall make
all structural repairs and maintain all electric wiring and plumbing.
Notwithstanding anything contained herein to the contrary, the lessee shall
be responsible for any and all repairs required as the result of the lessee's
failure to comply with various federal, state and local government statutes
and rules and regulations dealing with environmental hazards.
FOURTH: The Lessee, at any time during the term, shall permit inspection of
the demised premises during reasonable hours by the Lessor or the Lessor's
agents or representatives, and by or on behalf of prospective purchasers, and
during the two (2) months next preceding the expiration of this lease, or any
renewal thereof, shall permit inspection thereof by and on behalf of the
prospective tenants. The Lessee shall permit, during the two (2) months next
preceding the expiration of this lease, or any renewal thereof, a sign or
notice indicating that the premises are to let or for sale to be posted and
remain upon the demised premises.
FIFTH: On the last day of the term herein demised, or in the event that
Lessee has failed to correct within fifteen (15) days after registered
written notice to the demised premises, any breach of the covenants found
herein, Lessee shall peaceably and quietly leave, surrender and yield up unto
the Lessor all and singular the demised premises but, if this lease is
terminate because the Lessee has so breached the covenants found herein, or
has abandoned the premises, Lessor may immediately, or anytime thereafter,
re-enter and resume possession of said premises by a suitable action or
proceeding at law or equity, or by force, or otherwise, without being liable
for any damages therefore; and Lessor
an amount equal to the amount of all rent reserved and unpaid under this
lease, less the net rent collected by the Lessor on reletting the demised
premises, said amount which shall be due and payable by the Lessee on the
several days on which the rent reserved in this lease would become due and
payable; that is to say, upon each of such days, the Lessee shall pay to the
Lessor the amount of deficiency then existing.
SIXTH: Lessee hereby waives the benefits of all the laws exempting property,
of any amount of value, from levy and sale on execution of distress for rent
upon Lessor's warrant that may be issued, or upon any under this lease;
Lessee expressly waives to Lessor any provision of any law requiring notice
to vacate premises, prior to the end of the term, as a pre-requisite to the
maintaining of any action for the possession of the demised premises.
SEVENTH: In the event the demised premises are totally destroyed by fire,
enemy action or other casualty, this lease shall absolutely cease and
terminate, and the rent shall xxxxx for the balance of the term, except that
Lessee may have the first right of refusal to said premises if Lessor elects
to restore same during the term of this lease or any renewal thereof, if the
damage caused as above by only partial, the rent shall be abated to an extent
corresponding with the damage until repaired, all repairs shall be made with
reasonable dispatch and at such times as not to create unwarranted
interference with Lessee's business. Lessee shall not be liable to Lessor for
any damage to the premises within the coverage of the standard fire insurance
policy in use in the geographical area where the premises is located, whether
or not loss covered thereby is due to fault of Lessee.
EIGHT: Lessee may make such repairs and alterations and decorations in and
to the leased premises, and the building thereon as it may deem desirable for
its use thereof, provided that if such repairs and alterations substantially
alter the basic structure of the building, or adversely affect the soundness
thereof or value thereof, the prior written consent of Lessor shall be
obtained before such work is commenced; upon termination of this Lease, or
any renewal thereof, Lessee may, at its own expense, remove its furniture,
fixtures, partitions and other such items as it has installed during the
term of this lease, or any renewal thereof, provided, however, the Lessee
shall repair any damage caused by such removal.
NINTH: Lessee may place such signs upon the outside walls or within the
premises as it deems necessary, provided that any and all signs placed on the
within lease premises by Lessee shall be maintained in compliance with rules
and regulations governing such signs and Lessee shall be responsible to
Lessor for such damage caused by installation, use or maintenance of said
signs, and Lessee agrees upon removal of said signs to repair all damage
incident to such removal.
TENTH: In and so long as the Lessee pays the rent reserved by this lease,
and performs and observes all of the covenants and provisions hereof, the
Lessee shall quietly enjoy the demised premises, subject, however, to the
terms of this lease. Lessor warrants that there does not exist, as of the
date hereof, any zoning restrictions prohibiting the use of the demised
premises as herein provided for.
ELEVENTH: This instrument contains all of the agreements and conditions made
between the parties hereto and may not be modified orally or in any manner,
than by an agreement in writing signed by all the parties hereto, or their
respective successors in interest.
TWELFTH: Lessee shall pay Lessor one month's rental as security deposit.
Said deposit is to be refunded after Lessee vacates demised premises and
sublease expires.
WITNESS our hands, this 5th day of May, 2000.
LESSOR: AIR NEXUS/0-XXXXXXXX.XXX INC.
WITNESS:
/s/ Xxxxxx Xxxxxxx
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BY: /s/ Xxxxxxx X. Xxxxxx
NAME: XXXXXXX X. XXXXXX
TITLE: Chief Operating Officer
LESSEE: LYNKTEL, INC.
WITNESS: /s/ illegible
BY: /s/ illegible
NAME: Xxxxx X. XxXxxx, Xx.
TITLE: CEO
CONSENT TO SUBLEASE
HARVARD PROPERTY (333 XXX HOUSTON), in that certain Lease Agreement dated
July 12, 1999, described in the attached Sublease does hereby give written
consent to the attached Sublease of AIR NEXUS/0-XXXXXXXX.XXX, INC., right,
title and interest in and to the Lease to LYNKTEL, INC.
Such consent to Sublease shall not relieve Overtenant from liability for
payment of Rent, additional rent, or from the obligations to keep and be
bounded by the terms, conditions and covenants of the Lease. This acceptance
of Rent from any other person shall not be deemed to be a waiver of any of
the provisions of the Lease or a consent to the assignment or subletting to
the leased premises.
LANDLORD: HARVARD PROPERTY (333 XXX HOUSTON)
BY: /s/ Xxxx Xxxxxx
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NAME: Xxxx Xxxxxx
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TITLE: SVP
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DATE: 5/31/00
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