EXHIBIT 10.10
Office Lease Agreement between St. Xxxxx Properties, Inc. and NMMI.
ST. XXXXX OFFICE CENTER
STANDARD SUBLEASE AGREEMENT
THIS SUBLEASE AGREEMENT, made and entered into this 1st day of May, 2000,
by and between ST. XXXXX PARTNERS, a Florida Company, hereinafter referred to as
the "Lessor" and NEW MILLENNIUM MEDIA INTERNATIONAL, INC., a Florida Company,
hereinafter referred to as the "Lessee".
1. PREMISES
Lessor hereby subleases to Lessee and Lessee hereby rents from Lessor,
approximately two thousand five hundred and four (2504) square feet of tenable
space, and an additional outside patio space at no charge to lessee and will pay
half the use of the Conference Room & Reception Area which is approximately six
hundred and eighteen (618) square feet as defined herein and shown on Exhibit
"A" attached hereto and made a part hereof by reference, hereinafter referred to
as the "Premises", in the hereinafter referred to as the "Building", located at
000 Xxxxxxxx Xxxxxxx, Xxxxxx Xxxxxx, Xxxxxxx 00000. For the purposes of this
Lease, rentable area shall be the area actually occupied and used exclusively by
the Lessee. Lessee shall also have unrestricted access to all Common Areas of
the Building. Once Lessee shall move into the property it is Lessee's
responsibility to provide Lessor with a key for entry in case of fire or any
such emergency in compliance with the standard Fire Xxxxxxxx Code.
2. TERM
(a) The term of this Lease shall be for a period of one (1) years,
commencing on the 1st day of May, 2000, and expiring at midnight on the 2nd day
of May, 2001.
(b) 2 year option renewal - 5%
3. USE
Lessee covenants that the Premises will be continuously used and occupied
during the full term of this Lease for the purpose(s) of general office use and
will not use and occupy the Premises for any other purpose without prior written
consent of Lessor, except as stated herein.
4. RENTAL
(a) Base Rent: In consideration for this Lease and subject to the
adjustments hereinafter specified in this Lease, as rental for the Premises, the
Lessee hereby agrees to pay to the Lessor, without deduction, setoff, prior
notice or demand, except as per paragraph 5 hereunder and in the event of being
canceled as provided in Paragraph 2 hereunder, the sum of eleven dollars and
fifty cent ($11.50) per square foot plus one dollar fifty cent ($1.50) per
square foot for Common Area Maintenance for the terms of this Lease, plus
applicable sales tax, in advance, on the first day of the month during the
entire Lease term.
Xxxxxx 000, 000, 000, 000
Xxxxxx Year Term Monthly Payment Yearly
$13.00 sqft 1 5/1/2000 through 5/2/2001 $2,902.55 $34,830.64
including tax
Conference Room & Reception Area
Amount Year Term Monthly Payment Yearly
$13.00 sqft 1 5/1/2000 through 5/2/2001 $716.36 $8,596.38
including tax
Out side Storage
Amount Year Term Monthly Payment Yearly
$0.00 sqft 1 4/1/2000 through 5/2/2001 $535.00 $6,955.00
(b) Common Area Maintenance shall include exterior of building, all
H.V.A.C., windows, doors, electricity, pest control, any taxes or assessments,
roof, water, sewer, trash pickup, and any other maintenance required to the
building.
(c) All rental installments will be paid by Lessee as herein provided to
Lessor at their place of business until written notice to the contrary is given
by Lessor. Other remedies for non-payment of rent notwithstanding, if the
monthly rental payment is not received by Lessor on or before the first (1st)
day of the month for which rent is due, or if any other payment due Lessor by
Lessee is not received by Lessor on or before the fifth (5th) day of the month
in which Lessee was invoiced, a service charge of five percent (5%) of such past
due amount shall become due and payable in addition to such amounts owed under
this Lease.
(d) Security Deposit. At the time of the signing of this Lease, Lessee will
pay to Lessor the sum of zero dollars ($0.00).
5. PAYMENT OF EXPENSES
Lessor and Lessee acknowledge that the costs and expenses listed below
shall be paid as follows:
(a) Utilities: Lessor will be responsible for water, sewer, electricity and
all costs associated thereof. Lessee shall be responsible for phones and all
costs associated thereof. Lessee shall also be responsible for office cleaning
of their Premises.
6. PEACEFUL ENJOYMENT
Lessee shall, and may peacefully have, hold and enjoy the Premises subject
to the terms of the lease and this sublease, and provided Lessee pays the
rentals herein recited and Lessee also hereby covenants and agrees to comply
with all the rules and regulations of the Officers or Boards of the City, County
and State having jurisdiction over the Premises, and with all ordinances and
regulations of governmental authorities wherein the Premises are located, but
only insofar as any such rules, ordinances and regulations pertain to the manner
in which the Lessee shall use the Premises; the obligation to comply in every
other case and also all cases where such rules, regulations and ordinances
require repairs, alterations, changes or equipment, or any part of either, being
hereby expressly assumed by Lessor.
7. PAYMENTS
Lessee will pay all rents and sums provided to be paid to Lessor hereunder
at the time and in the manner herein provided. Time is of the essence as regards
all rents and other sums provided to be paid to Lessor by Lessee.
8. REPAIRS AND RE-ENTRY
Lessee will, at Lessee's own cost and expense, repair or replace any damage
or injury done to the Building, the Premises, or any part thereof, caused by
Lessee or Lessee's agents, employees, invitees, or visitors. If Lessee fails to
make such repairs or replacements promptly, or within fifteen (15) days of
occurrence, Lessor, may, at its option, make such repairs or replacements, and
Lessee shall repay the cost thereof to Lessor on demand. Lessee will not commit
or allow any waste or damage to be committed on any portion of the Premises or
the Building and shall at the termination of the Lease by lapse of time or
otherwise, deliver the Premises to Lessor broom clean and in as good condition
as at date of possession of Lessee, ordinary wear and tear excepted, and upon
such termination of Lease, Lessor shall have the right to re-enter and resume
possession of Premises.
9. ASSIGNMENT OR SUBLEASE
Lessee shall have the right to transfer and assign, in whole or part, its
rights and obligations in the Building and property that are the subject of this
Lease. Only with the prior written consent of the Lessor, which consents, shall
not be unreasonably withheld.
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10. LEGAL USE AND VIOLATIONS OF INSURANCE COVERAGE
Lessee will not occupy or use, or permit any portion of the Premises to be
occupied or used, or do or permit to be done in or about the Building, for any
business or purpose which is unlawful or immoral, in part or in whole, or deemed
to be hazardous in any manner, or which will be disreputable or harmful to the
character or reputation of the Building or which will be bothersome to other
tenants of the Building or visitors to the Building, or which will be a
nuisance. Lessee will not do anything or permit anything to be done in or about
the Premises or Building which will, in any way, increase the rate of insurance
on the Building and/or its contents; and, in the event, that by reason of acts
or omission of Lessee, there shall be an increase in rate of any insurance on
the Building or its contents, then Lessee hereby agrees to pay such increase in
full and to remedy such condition upon five (5) days written demand by Lessor.
12. INDEMNITY LIABILITY
Lessee hereby agrees to indemnify and hold harmless Lessor of and from any
and all fines, suits, claims, demands and action of any kind (including expenses
and attorney's fees) by reason of any breach, violation, or nonperformance of
any condition hereof, including failure to abide by the Rules of the Building or
any act or omission on the part of the Lessee, its agents, invitees, or
employees. Lessee is familiar with the Premises and acknowledges that the same
are received by Lessee in a good state of repair and accepted by Lessee in the
condition in which they are now or shall be when ready for occupancy and that
Lessor has not made any representations as to the Premises except as set forth
herein. Lessor shall not be liable to Lessee or Lessee's agents, employees,
invitees or visitors for any damage to persons or property due to condition,
design, or defect in the Building, or its mechanical systems on the Premises,
which may now exist or hereafter occur. Lessee accepts the Premises as suitable
for the purposes for which the same are leased and assumes all risks of damages
to persons or property, and agrees that no representations except such as are
contained herein or endorsed hereon have been made to the Lessee respecting the
conditions of the Premises
13. ENTRY FOR REPAIRS AND INSPECTION
Lessee will permit Lessor or its officers, agents or representatives the
right to enter into and upon any and all parts of the Premises, at all
reasonable hours to inspect same or make repairs or alterations or additions as
Lessor may deem necessary or desirable, and Lessee shall not be entitled to any
abatement or reduction of rent by reason thereof. Lessor shall be entitled to
enter upon the Premises at any time to make emergency repairs.
14. USE OF BUILDING NAME
The Lessee shall not, except to designate the Lessee's business address
(and then only in a conventional manner and without emphasis or display) use the
name of the Building or any simulation or abbreviation of such name for any
purpose whatsoever. The Lessor reserves the right to change the name of the
Building at any time. The Lessee will discontinue using such name and any
simulation or abbreviation thereof for the purpose of designating the Lessee's
business address within thirty-days (30) after the Lessor shall notify the
Lessee that the Building is no longer known by such name.
15. GRAPHICS
Lessor shall provide and install, at Lessee's cost, all signs, letters and
numerals on doors in the Premises. All such signs, letters and numerals shall be
in the standard graphics for the Building and reasonably acceptable to Lessor
and no others shall be used or permitted on the Premises without Lessor's prior
written consent.
16. DEFACING PREMISES AND OVERLOADING
Lessee shall not place anything or allow anything to be placed on or near
any door, partition, will or window which might be unsightly from outside the
Premises, and Lessee shall not place or permit to be
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placed any article of any kind on any window ledge or on the exterior walls,
windows, blinds, shades, awnings or any other forms of inside or outside window
coverings. No inside or outside window coverings or window ventilators or other
devices, shall be placed in or about the outside windows in the Premises except
to the extent, if any, that the character, shape, color, material or make
thereof is first approved by the Lessor, and Lessee shall not do any painting or
decorating in the Premises or make, paint, cut or drill into, or in any way
deface any part of the Premises or Building without prior written consent of the
Lessor. Lessee shall not overload any floor or part thereof in the Premises, or
any facility in the Building or any public corridors or elevators therein, and
shall not bring in or remove any large or heavy articles, without Lessor's prior
written consent. Lessor may direct and control the locations of safes and all
other heavy articles. Furniture and other large or heavy articles, may be
brought into the Building, removed therefrom or moved from place to place within
the Building only at times and in the manner designated in advance by Lessor.
Lessee agrees not to place any load on any portion of the Premises or other
portions of the Building or its equipment that would exceed the allowable load
limits for the Building, as specified by Lessor.
17. LIABILITY INSURANCE
Lessee shall, at its sole cost and expense, obtain and maintain in full
force and effect for the mutual benefit of Lessor and Lessee, comprehensive
public liability insurance in the minimum amount of $1,000,000.00, combined
single limit coverage, against claims for bodily injury, death or property
damage arising out of the use and occupancy of the Premises. A certificate of
such insurance shall be furnished to the Lessor at the commencement of the Lease
term and each renewal certificate of such policy shall be furnished to Lessor at
least thirty-days (30) prior to the expiration of the policy it renews. Each
such policy of insurance shall contain an agreement by the insurer that such
policy shall not be canceled without thirty-days (30) prior written notice to
Lessor. Such insurance may be in the form of general coverage, floater policy,
or so-called blanket policy issued by insurers of recognized responsibility. The
nature and scope of such policy of insurance and the insurer thereunder shall be
subject to Lessor's approval, which shall not be unreasonably withheld or
delayed. Should the Lessee fail to procure policies as is provided in this
Lease, the Lessor may obtain such insurance and the premiums on such insurance
shall be deemed additional rental to be paid by the Lessee unto the Lessor upon
demand.
18. CASUALTY INSURANCE
Lessor shall, at all times during the term of this Lease, maintain a policy
or policies of insurance with the premiums paid in advance, issued by and
binding upon some solvent insurance company, insuring the Building against loss
or damage by fire, explosion or other hazards and contingencies for the full
insurable value; provided, that the Lessor shall not be obligated in any way or
manner to insure any personal property (including, but not limited to, any
furniture, machinery, goods or supplies) of Lessee or which Lessee may have upon
or within the Premises or any fixtures installed by or paid for by Lessee upon
or within the Premises or any additional improvements which Lessee may
construct, or which Lessor may construct for Lessee on the Premises. Lessee
shall, at all times during the term of this Lease, at Lessee's expense, maintain
a policy or policies of insurance with the premiums paid in advance, insuring
Lessee's furniture, machinery, goods or supplies, any additional improvements
which Lessee may construct on the Premises, furnishings, removable floor
coverings, trade equipment, signs and all other decorations placed by Lessee in
or upon the Premises.
19. CONDEMNATION
If the Premises, or any part thereof, or any interest therein, be taken by
virtue of (or sold under threat of) eminent domain or for any public or
quasi-public use or purpose, this Lease and the estate hereby granted, at the
option of the Lessor, shall terminate as of the date of such taking. If any part
of the Building other than the Premises be so taken, the Lessor shall have the
right to terminate this Lease within six (6) months thereafter by giving the
Lessee thirty (30) days prior written notice of the date of such termination.
Any interest, which Lessee may have or claim to have in any award resulting from
the condemnation proceeding, shall be limited to removal expenses for Lessee's
furniture, movable fixtures, and other personal property
20. LOSS OR DAMAGE
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Lessor shall not be liable or responsible for any loss or damage to any
property or person occasioned by theft, fire, water, wind, vandalism, rain,
snow, leakage of Building and/or sprinkler system, act of God, public enemy,
injunction, riot, strike, insurrection, war, court order, requisition, or order
of governmental body or authority, unavailability of fuel or energy, or other
matter beyond the control of Lessor, or for any damage or inconvenience which
may arise through repair or alteration of any part of the Building, or failure
to make such repairs, or from any cause whatever, unless caused by Lessor's
gross negligence.
21. ABANDONMENT
If the Premises is abandoned by Lessee, except as provided in Paragraph 2
hereof, Lessor shall have the right but not the obligation, to re-let same for
the remainder of the period covered hereby; and if the rent is not received
through such re-letting at least equal to the rent provided for hereunder,
Lessee shall pay and satisfy any deficiencies between the amount of the rent
called for and that received through re-letting, and all expenses incurred by
such other re-letting, including but not limited to the cost of Realtor's fees,
renovating, and altering and decorating for a new occupant. Nothing herein shall
be construed as in any way denying Lessor the right, in case of abandonment of
the Premises, or other breach of this contract by Lessee, to treat the same as
an entire breach of this contract and any and all damages occasioned Lessor
thereby, or pursue any other remedy provided by law or this Lease.
22. LOSS BY FIRE OR OTHER CAUSES
Lessee shall; in case of fire, or loss or damage to the Premises from other
causes, give immediate notice thereof to Lessor. In the event of damage to the
Premises by fire or other causes resulting from fault or negligence of Lessee or
Lessee's agents, employees, invitees or visitors, the same shall be repaired by
and at the sole expense of Lessee under the direction and supervision of Lessor.
If the Premises shall be damaged by fire or other casualty covered by Lessor's
insurance and not resulting from the fault or negligence of Lessee or Lessee's
agents, employees, invitees or visitors, the damages shall be repaired by and at
the expense of Lessor and the rent, until such repairs shall be made, shall be
apportioned according to the part of the Premises which is usable by Lessee.
Lessor agrees, at its expense, to repair promptly any damage of the Premises not
resulting from the fault or negligence of Lessee or Lessee's agents, employees,
invitees, or visitors, except that Lessee agrees to repair and replace its own
furniture, furnishings, fixtures, personal property, and equipment, and except
that, if such damage is so extensive that the replacement of more than fifty
percent (50%) of the Building be required, then and in that event, at the option
of Lessor and by giving written notice to Lessee within forty-five (45) days
after said occurrence or damage, this Lease will be canceled, and of no force
and effort from and after the date of occurrence of such damage. No penalty
shall accrue for reasonable delay, which may arise by reason of adjustment of
insurance on the part of Lessor, and for reasonable delay on account of causes
beyond Lessor's control (such as described in Paragraphs 5 and 20 hereof).
23. WAIVER OF SUBROGATION RIGHTS
Anything in this Lease to the contrary notwithstanding, Lessor and Lessee
each hereby waives any and all rights of recovery, claim, action or cause of
action against each other, its agents, officers or employees, for any loss or
damage that may occur to the Premises, or any improvements thereto, or the
Building of which the Premises are a part, or any improvements thereto, or any
personal property of such party therein, by reason of fire, the elements, or any
other cause(s) which are insured against policies referred to in Paragraph 19
hereof, regardless of cause or origin, including negligence of the other party
hereto, its agents, officers, or employees. Lessor and Lessee will both exert
their best effort to cause all insurance policies to include an endorsement to
the effect the provisions of this Section.
24. ATTORNEY'S FEES
In the event that Lessee or Lessor defaults in the performance of any of
the terms, covenants, agreements or conditions contained in this Lease and
Lessor or Lessee places the enforcement of this Lease, or any part thereof; or
the collection of any rent or other sum due, or to become due hereunder, or
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recovery of the possession of the Premises, in the hands of an attorney, or it
files suit upon the same, then the prevailing party shall pay all Attorney's
Fees and costs.
25. AMENDMENT OF LEASE
This Agreement may not be altered, changed, or amended, except by an
instrument in writing, signed by all parties hereto.
26. TRANSFER OF LESSOR'S RIGHTS
Lessor shall have the right to transfer and assign in whole or in part all
and every feature of its rights and obligations hereunder and in the Building
and property referred to herein. Such transfers or assignments may be made
either to a corporation, partnership, trust, individual or group of individuals,
and, howsoever made, are to be in all things respected and recognized by Lessee.
Lessor shall turn over any security deposits or advance rents held by Lessor to
the grantee and said grantee assumes, subject to the limitation of this Lease
paragraph, all the terms, covenants and conditions of this Lease to be performed
on the part of Lessor.
27. DEFAULT BY LESSEE
The following shall be deemed to be events of default under this Lease:
(a) Lessee shall fail to pay when due any installment of rent or any other
payment required pursuant to this Lease or within five (5) days written notice
by Lessor.
(b) Lessee shall abandon any substantial portion of the Premises except as
noted in Paragraph 2 hereof.
(c) Lessee shall fail to comply with any term, provision or covenant of
this Lease, other than the payment of rent, and the failure is not cured within
thirty-days (30) after written notice to Lessee.
(d) Lessee shall file a petition or be adjudged bankrupt or insolvent under
the Bankruptcy Reform Act of 1978, as amended, or any similar law or statute of
the United States or any state; or a receiver or trustee shall be appointed for
all or substantially all of the assets of Lessee; or Lessee shall make a
transfer in fraud of creditors or shall make an assignment for the benefit of
creditors.
(e) Lessee shall do or permit to be done any act, which results in a lien
being fled against the Premises.
28. REMEDIES FOR LESSEE'S DEFAULT
All rights and remedies of the Lessor herein enumerated in the event of
default shall be cumulative and nothing herein shall exclude any other right or
remedy allowed by law. Upon the occurrence of any Event of Default set forth in
this Lease Agreement, Lessor shall have the option, if Lessor so elects but not
otherwise, to pursue any one or more of the following remedies without any
notice or demand:
(a) Terminate this Lease, in which event Lessee shall immediately surrender
the Premises to Lessor, and if Lessee fails to surrender the Premises, Lessor
may, without prejudice to any other remedy which it may have for possession or
arrearage in rent, enter any other person who may be occupying all or any part
of the Premises without being liable for prosecution of any claim for damages.
Lessee agrees to pay on demand the amount of all loss and damage which Lessor
may suffer by reason of the termination of the Lease under this subparagraph,
whether through inability to re-let the Premises on satisfactory terms or
otherwise.
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(b) Enter upon and take possession of the Premises, and lock out, expel or
remove Lessee from any other person who may be occupying all or any part of the
Premises without being liable for any claim for damages, and re-let the Premises
on behalf of Lessee and receive directly the rent by reason of the re-letting.
Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of
any re-letting of the Premises. Further, Lessee agrees to reimburse Lessor for
any expenditure made by it for remodeling or repairing, as well as the cost of
Realtor's fees, in order to re-let the Premises.
(c) Enter upon the Premises, without being liable for prosecution of any
claim for damages, and do whatever Lessee is obligated to do under the terms of
this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which
Lessor may incur in effecting compliance with Lessee' obligations under this
Lease. Further, Lessee agrees that Lessor shall not be liable for any damages
resulting to Lessee from effecting compliance with Lessee's obligations under
this Subparagraph caused by the negligence of Lessor or otherwise.
(d) In the event that litigation is necessary to enforce the provisions of
this Lease, both Lessor and Lessee hereby waive their respective rights to a
jury trial.
29. WAIVER OF DEFAULT OR REMEDY
Failure of Lessor to declare an Event Of Default immediately upon its
occurrence, or delay in taking any action in connection with an Event Of
Default, shall not constitute a waiver of the default, but Lessor shall have the
right to declare the default at any time and take such action as is lawful or
authorized under this Lease. Pursuit of any one or more of the remedies set
forth in Paragraph 28 above shall not preclude pursuit of any one or more of the
other remedies provided elsewhere in this Lease by reason of the violation of
any of the terms, provisions or covenants of this Lease. Failure by Lessor to
enforce one or more of the remedies provided upon an Event Of Default shall not
be deemed or construed to constitute a waiver of the default or of any violation
or breach of any of the terms, provisions and covenants contained in this Lease.
30. RIGHTS OF MORTGAGE AND OWNER
Lessee accepts this Sublease subject and subordinate to any rights of the
Owner and the recorded mortgage, deed of trust or other lien presently existing
upon the Premises. Lessor is hereby irrevocably vested with full power and
authority to subordinate Lessee's interest under this Lease to the Owner's
interest and any mortgage, deed or trust or other lien hereafter placed on the
Premises and Lessee agrees upon demand to execute additional instruments
subordinating this Lease as Lessor or Owner may require. If the interest of
Lessor or Owner under this Lease shall be transferred by reason of foreclosure
or other proceedings for enforcement of any mortgage on the Premises, Lessee
shall be bound to the transferee (sometimes called the "Purchaser") under the
terms, covenants and conditions of this Lease for the balance of the term
remaining, and any extensions or renewals, with the same force and effect as if
the Purchaser were Lessor under this Lease, and Lessee agrees to attorn to the
Purchase, including the mortgagee under any such mortgage if it be the
Purchaser, as its Lessor, the attornment to be effective and self-operative
without the execution of any further instruments upon the Purchaser succeeding
to the interest of Lessor under this Lease. The respective rights and
obligations of Lessee and the Purchaser upon the attornment, to the extent of
the then remaining balance of the term of this Lease, and any extensions and
renewals, shall be and are the same as those set forth in this Lease.
31. ESTOPPEL CERTIFICATES
Lessee agrees to furnish at any time, and from time to time, with seven (7)
days after request of Lessor, Owner or Lessor's mortgagee, a statement
certifying that Lessee is in possession of the Premises; the Premises are
acceptable; the Lease is in full force and effect; the Lease is unmodified;
Lessee claims no present charge, lien or claim of offset against rent; the rent
is paid for the current month, but is not paid and will not be paid for more
than one (1) month in advance; there is not existing default by reason of some
act or omission by Lessor; and such other matters as may be reasonably required
by Lessor or Lessor's mortgagee.
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32. SUCCESSORS
This Lease shall be binding upon and inure to the benefit of Lessor and
Lessee and their respective heirs, personal representatives, successors and
assigns. It is hereby covenanted and agreed that should Lessor's interest in the
Premises cease to exist for any reason during the term of this Lease, then
notwithstanding the happening of such event, this Lease nevertheless shall
remain unimpaired and in full force and effect and Lessee hereunder agrees to
attorn to the then owner of the Premises.
33. RENT TAX
Lessee shall pay and be liable for all rental, sales, indigent and use
taxes or other similar taxes, if any, levied or imposed by any city, state,
county or other governmental body having authority, such payments to be in
addition to all other payments required to be paid to Lessor by Lessee under the
terms of this Lease. Any such payment shall be paid concurrently with the
payment of the rent upon which the tax is based as set forth above.
34. PARKING
During the term of this Lease, Lessee shall have the non-exclusive use in
common with Lessor, other tenants of the Building, their guests and invitees, of
the non-reserved common automobile parking areas, driveways, and walkways,
subject to the rules and regulations for the use thereof as prescribed from time
to time by Lessor.
35. NOTICES
Any rental payment, notice or document required or permitted to be
delivered hereunder shall be deemed to be delivered or given when (a) actually
received, or (b) signed for or "refused" as indicated on the U.S. Postal Service
Return Receipt. Delivery may be made by personal delivery or by United States
mail, postage prepaid, Certified or Registered Mail, addressed to the parties
hereto at the respective addresses set out opposite their names below, or at
such other addresses as they may hereafter specify by written notice delivered
in accordance herewith:
LESSOR: ST. XXXXX PARTNERS, INC.
000 Xxxxxxxx Xxxxxxx, Xxxxx 000
Xxxxxx Xxxxxx, XX 00000
LESSEE: MILLENNIUM MEDIA INTERNATIONAL, INC
000 Xxxxxxxx Xxxxxxx, Xxxxxx 000, 313, 311, 310
Xxxxxx Xxxxxx, XX 00000
36. SCHEDULES
All schedules initialed by both parties hereto and attached to this Lease
shall be part of this contract whether or not said schedules are specifically
referred to in this Lease.
37. SEPARABILITY
In the event that any provisions of this Lease are held invalid, the other
provisions shall remain in full force and effect.
38. GOVERNING LAWS
This Lease shall be governed by and construed according to the laws of the
State of Florida.
39. CAPTIONS AND CONSTRUCTION OF LANGUAGE
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Captions are inserted for convenience only, and shall not affect or limit
the construction of this Lease- The terms "Lease", "Lease Agreement", or
"Agreement" shall be inclusive of each other, and will also include renewals,
extensions, or modifications of this Lease.
40. NO LIENS
Anything to the contrary, herein notwithstanding, if Lessee makes any
repairs or alterations to the Premises, whether or not with Lessor's prior
consent, Lessee will not allow any lien of any kind, whether for labor,
material, or otherwise to be imposed or remain against the Building or. the
Premises. Notwithstanding the foregoing, if any lien is filed against the
Premises or the Building for work claimed to have been for, or materials
furnished to Lessee, whether or not done pursuant to this paragraph, the same
shall be discharged by Lessee within ten (10) days thereafter, at Lessee's
expense, by transferring the lien to security pursuant to the applicable
provisions of the Florida Mechanic's Lien Law.
41. SHOWING PREMISES
Lessor shall have the right during normal business hours, and upon
reasonable notice to Lessee, to show the Premises to prospective lessees or
Purchasers of the Building or any part thereof at any time.
42. LEASING BROKER
Lessee and Lessor warrant that they have had no dealings with any broker or
agent in connection with this Lease and covenant to hold harmless and indemnify
each other from and against any and all costs, expense or liability for any
compensation, commissions and charges claimed by any other broker or agent with
respect to this Lease or the negotiation thereof with whom Lessee or Lessor had
dealings.
43. RECORDING
Neither this Lease, nor any short form hereof, shall be recorded.
44. ATTACHMENTS TO THIS LEASE
Attached hereto, and made a part hereof as fully as if occupied herein
verbatim, and signed and/or initialed by the Lessor and Lessee as approved are
the following:
(a) Exhibit "A" - Floor Plan
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LESSOR: ST. XXXXX PARTNERS
ATTEST:
/s/ BY: /s/
----------------------------- --------------------------------
TITLE: VP
-----------------------------
DATE: 5/1/00
------------------------------
LESSEE: MILLENNIUM MEDIA INTERNATIONAL, INC
ATTEST:
/s/ BY: /s/
----------------------------- --------------------------------
TITLE: President /CEO
-----------------------------
DATE: 5/1/00
------------------------------
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