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EXHIBIT 10.27
LEASE AGREEMENT
LEASE #074-18000-0-18
AGREEMENT made December 3, 1996, by and between Xxxxxxx Xxxxxx &
Company Leasing, Inc., agent for Telecommunications Income Fund IX, L.P.
("Lessor"), located at 000 Xxxxxx Xxxxxx XX, Xxxxx 000, Xxxxx Xxxxxx, XX 00000,
and Xxxxxxx Communications Corporation ("Lessee"), located at 0000 00xx Xxxxxx
XX, Xxxxx Xxxxxx, XX 00000.
WHEREAS, Lessee desires to lease from Lessor the telephone equipment
specified on Schedule "A" ("Equipment") and Lessor desires to lease the
Equipment to Lessee.
THEREFORE, Lessor leases to Lessee, and Lessee leases from Lessor, the
Equipment (and such other equipment as the parties may agree upon in the
future), subject to and upon the terms and conditions appearing herein.
1. TERM; RENTAL PAYMENTS; SECURITY DEPOSIT. (a) TERM. The term of the
Lease (the "Term") shall commence on December 3, 1996, and shall terminate after
the expiration of Five years from such date.
(b) RENTAL PAYMENTS. Total rental for the Equipment shall be
$415,048.20, payable in 60 monthly installments of $6,917.47 each, plus
applicable sales tax, beginning on the first day of the Term, with payments due
on the 30th day of each successive month. Lessor acknowledges receipt of the
first rental payment.
(c) LATE PAYMENTS. In addition to Lessor's rights under this Lease as
to Defaults, Lessee agrees to pay Lessor an amount equal to five percent (5%)
(or the maximum amount provided by law if five percent (5%) is in excess of the
amount Lessor is entitled to receive under any applicable law) of any rental
payment not received by Lessor by the end of the tenth (10th) day following the
due date of such rental payment.
(d) PLACE OF PAYMENT. All payments called for under this Lease to be
made to Lessor (or any assignee of Lessor pursuant to Section 12 (f)) shall be
made as designated by Lessor or assignee.
(e) LEASE NONCANCELLABLE; PAYMENTS TO BE NET. Lessee agrees that all
rental payments or other sums payable by Lessee hereunder shall be the
unconditional obligation of Lessee and shall be made without abatement,
reduction or setoff of any nature, including any thereof arising out of any
present or future claim that Lessee may have against Lessor or any of Lessor's
assignees or the manufacturer or vendor of the Equipment. This lease shall not
be cancelable or terminable by Lessee prior to the end of the Term except as
herein expressly provided.
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(f) SECURITY DEPOSIT. Lessor acknowledges the receipt of $6,917.47 from
Lessee as security for the faithful performance by Lessee of all of the terms,
covenants and conditions of this Lease. Lessor agrees to hold said deposit until
the expiration of the Term provided herein and agrees to repay said deposit to
the Lessee if the Lessee has fully complied with all of the terms, covenants and
conditions of this Lease. The Lessor, however, may apply the security deposit,
or such part thereof as may be necessary, toward the payment of all rents,
obligations, and other charges due hereunder, or any expenses or damages
incurred by the Lessor on account of the Lessee's breach of any of Lessee's
obligations contained in this Agreement. The security deposit shall not be
construed as pre-payment of the last month's rent.
2. TAXES; INDEMNITY. Lessee agrees to pay, promptly when due, all license
fees and assessments, and all excise, income, and other taxes or charges
(including any interest and penalties), now or hereafter imposed by any
governmental body or agency upon any Equipment or the purchase, ownership,
possession, leasing, operation, use, or dispositions thereof hereunder, or the
rentals or other payments hereunder, (excluding taxes on or measured by the net
income of Lessor) and prepare and file promptly with the appropriate offices any
and all tax and other similar returns required to be filed with respect thereto
(sending copies thereof to Lessor upon request). Lessee further agrees to assume
all risks of liability arising from or pertaining to the purchase, delivery,
ownership, possession, leasing, operation, use, condition, transportation or
disposition of any Equipment or the return of any Equipment to Lessor and to
indemnify and save Lessor, its servants and agents, harmless from and against,
and to defend them against, any and all claims, costs, expenses, attorneys fees,
fines, damages and liabilities, arising therefrom or pertaining thereto
(including, without limitation, any thereof arising out of injury to persons or
property). Any amounts required to be paid by Lessee under this, Section 2,
which Lessee fails to pay, may be paid by Lessor and shall, at Lessor's option,
become immediately due from Lessee to Lessor. Lessee's obligations contained in
this, Section 2, shall survive the termination of this Agreement.
3. ACCEPTANCE. Lessee hereby accepts the Equipment as is and where
currently located.
4. LESSOR'S PROTECTION. (a) INSURANCE. Lessee hereby warrants and agrees
that Lessee does not carry public liability insurance for personal injury and
property damage, but is self-insured. Lessee further warrants and agrees that it
will provide proof of any fund or assets which Lessee has established or set
aside for the payment of any losses sustained with regard to the Equipment.
Lessee continues to bear the entire risk of loss for destruction of or damage to
the Equipment as set forth in the Lease and Lessee's obligation to indemnify
Lessor continues as set forth in the lease. If Lessee shall obtain insurance
coverage on the Equipment from an outside insurance company the Lessee shall
name Lessor as Loss Payee
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under the property damage provisions and Additional Named Insured under the
liability provisions where applicable, and provide evidence of this insurance to
Lessor.
(b) RISK OF LOSS. The Equipment, until returned to Lessor, shall be
held at all times at the sole risk of Lessee for injury, damages (including
damage to third parties and their property), loss, destruction, theft,
expropriation, or requisition (as to either title or use). In case the Equipment
or any of it shall be destroyed, lost, stolen, damaged beyond repair, or
permanently rendered unfit for normal use for any reason whatsoever, or is
expropriated or requisitioned, before return to Lessor, Lessee agrees promptly
to notify Lessor and within thirty (30) days of such occurrence, replace such
Equipment with similar Equipment acceptable to Lessor, in which event this Lease
shall continue unabated with respect to such Equipment. If Lessee chooses not to
replace the Equipment or fails to replace such Equipment, Lessee shall pay
Lessor on demand the unpaid rentals hereunder for the balance of the entire
original term allocable to such Equipment, as reimbursement to Lessor for such
occurrence. Payment of the amount determined pursuant to this paragraph shall
relieve Lessee from any further liability with respect to the Equipment involved
except for any taxes and indemnifications which may be required.
5. EQUIPMENT.
(a) IDENTIFICATION. The Equipment shall be as identified and listed on
Schedule "A", which shall be attached to and made a part hereof.
(b) TITLE; PERSONAL PROPERTY; ENCUMBRANCES; LOCATION. Lessee covenants
that the ownership of the Equipment is and at all times shall remain with Lessor
and that the Equipment is and shall remain personal property and shall not be
permanently attached to any realty so that it becomes a fixture; and that it
shall be installed and used at its current location or at locations set forth in
Site Leases approved by Lessor and that it shall not be removed therefrom
without the consent of Lessor. Lessor agrees to give its consent if Lessee
provides Lessor with an acceptable replacement location agreement which will
then become a Site Lease. Further, Lessee shall not sell, secrete, mortgage,
assign, transfer, lease, sublet, loan, part with possession of, or encumber the
Equipment, or permit any liens or charges to become effective thereon or permit
or attempt to do any of the acts aforesaid. Lessee agrees, at Lessee's own
expense, to take such action as may be necessary (1) to remove any such
encumbrance, lien or charge and (2) to prevent any third party from acquiring
any other interest in any Equipment (including, without limitation, by reason of
such Equipment being deemed to be a fixture or a part of any realty).
Upon request, Lessee shall, at its expense, affix and maintain on the
Equipment, a sticker provided by Lessor indicating Lessor's
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ownership thereof, provided such sticker does not unreasonably detract from the
appearance of the Equipment.
(c) MAINTENANCE; ACCESSIONS; INSPECTION; ALTERATIONS. Lessee agrees at
Lessee's own expense, to take good care of the Equipment and to make all repairs
and replacements necessary to maintain, preserve, and keep the Equipment in good
order and condition. All replacements or substitutions of the parts of, or in,
any of the Equipment shall constitute accessions thereto and shall become part
of the Equipment owned by Lessor. Lessee shall make no material alterations in
the Equipment without the prior written consent of Lessor. Lessee will permit
the Equipment to be operated and repaired only by qualified personnel.
Upon Lessor's request, Lessee will permit Lessor to have access to the
Equipment at all reasonable times for the purpose of inspection and examination.
Lessee agrees to pay not more than Five Hundred Dollars ($500.00) each year in
nonaccountable expenses incurred by Lessor for the purpose of inspecting the
leased Equipment and conducting Equipment and records audits.
(d) USE OF EQUIPMENT. Lessee shall be entitled to the right to
possession and control of the Equipment and the use thereof during the Term of
this Lease, so long as Lessee is not in default of this Agreement. Lessee will
comply with all laws, regulations, and ordinances, and all applicable
requirements of the manufacturer of the Equipment, applicable to the physical
possession, operation, condition, use and maintenance of the Equipment. Lessee
agrees to obtain all permits and licenses necessary for the operation of the
Equipment.
(e) DENIAL OF WARRANTIES. LESSOR MAKES NO WARRANTY OR REPRESENTATION,
EITHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF, OR AS TO THE
QUALITY OF THE MATERIAL, EQUIPMENT OR WORKMANSHIP IN THE EQUIPMENT DELIVERED TO
LESSEE HEREUNDER, AND LESSOR MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS OF
THE EQUIPMENT FOR ANY PARTICULAR PURPOSE OR AS TO ANY OTHER MATTER. IT BEING
AGREED THAT ALL SUCH RISKS, AS BETWEEN LESSOR AND LESSEE, ARE TO BE BORNE BY
LESSEE, AND THE BENEFITS OF ANY SUCH RISKS, AS BETWEEN LESSOR AND LESSEE, ARE TO
BE BORNE BY LESSEE, AND THE BENEFITS OF ANY AND ALL IMPLIED WARRANTIES OF LESSOR
ARE HEREBY WAIVED BY LESSEE. LESSOR WARRANTS THAT IT HAS TITLE TO SUCH
EQUIPMENT. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT ON THE BASIS
OF ITS OWN JUDGEMENT AND EXPRESSLY DISCLAIMS ANY RELIANCE UPON ANY STATEMENTS OR
REPRESENTATIONS MADE BY LESSOR. NOTWITHSTANDING ANY FEES WHICH MAY BE PAID BY
LESSOR TO ITS VENDOR OR ANY AGENT OF VENDOR, LESSEE UNDERSTANDS AND AGREES THAT
NEITHER THE VENDOR NOR ANY AGENT OF THE VENDOR IS AN AGENT OF LESSOR OR IS
AUTHORIZED TO WAIVE OR ALTER ANY TERMS OR CONDITIONS OF THIS LEASE, AND NO
REPRESENTATION AS TO THE EQUIPMENT OR ANY OTHER MATTER BY THE VENDOR SHALL IN
ANY WAY AFFECT LESSEE'S DUTY TO PERFORM ITS OBLIGATIONS AS SET FORTH IN THIS
LEASE OR ANY SUCH SCHEDULE. IN XX
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XXXXX XXXXX XXXXXX XX LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL
DAMAGES.
6. DEFAULT.
(a) EVENTS OF DEFAULT. Lessee shall be in default of this
Agreement if:
(1) Lessee fails to pay any installment of rent or other sums
payable hereunder within ten (10) days after its due date; or
(2) Lessee shall be in default in the observance or
performance of any other covenant, agreement, or provision in
this Lease and such default shall continue for a period of
thirty (30) days after written notice of such default; or
(3) Lessee shall be in material default in the observance or
performance of any covenant in any Site Lease (Location Lease
Agreement) pursuant to which Equipment has been installed and
operated, including but not limited to the payment of
commissions to the site owner or owner of the premises where
the equipment is located; or
(4) Lessee shall be delinquent on telephone bills relating to
the use of the Equipment; or
(5) A Site Lease is no longer a valid agreement between Lessee
and the owner of the premises where the Equipment is located
and Lessee has not provided a reasonable replacement Site
Lease within thirty (30) days; or
(6) Lessee shall dissolve or become insolvent (however
evidenced) or bankrupt, commit any act of bankruptcy, make an
assignment for the benefit of creditors, suspend the
transaction of its usual business or consent to the
appointment of a trustee or receiver, or a trustee or a
receiver shall be appointed for Lessee or for a substantial
part of its property, or bankruptcy, reorganization,
insolvency, or similar proceedings shall be instituted by or
against Lessee; or
(7) An order, judgement, or decree be entered against Lessee
by a court of competent jurisdiction and such order, judgement
or decree shall continue unpaid or unsatisfied and in effect
for any period of twenty (20) consecutive days without a stay
of execution, or any execution or writ or process shall be
issued in connection with any action or proceedings against
Lessee or its property whereby the Equipment or any
substantial part of Lessee's property may be taken or
restrained; or
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(8) Lessee materially defaults in the performance of any
obligation or in the payment of any sum due to Lessor under
any other contract, agreement, arrangement, or understanding,
and such default continues for thirty (30) days after written
notice; or
(9) any indebtedness of Lessee for borrowed money becomes due
and payable by acceleration of maturity thereof due to an
event of default;
(b) NOTICE; RIGHT TO CURE DEFAULT. If Lessee is in default
pursuant to 6(a)(1) above, Lessee shall, except as provided below, be entitled
to written notice of such default. Lessee shall have five (5) days after any
such notice to cure such default, and if Lessee does not cure such default,
Lessor may proceed as provided in (c) below. Lessee is entitled to only two (2)
such notices and rights to cure during any consecutive twelve (12) month period.
If Lessee has already received two (2) such notices within a consecutive twelve
(12) month period, and during such period, Lessee again defaults pursuant to
6(a)(1), Lessor may proceed without notice to Lessee of right to cure under this
paragraph.
(c) REMEDIES. If Lessee is in default, Lessor may, by written
notice to Lessee:
(1) immediately terminate this Lease and Lessee's rights
thereunder; and/or
(2) declare immediately due and payable all rental
installments and other sums, payable under the lease forthwith
due and payable; and/or
(3) proceed by appropriate court action or actions either at
law or in equity, to enforce performance by Lessee of the
applicable covenants of this Lease, or to recover damages for
the breach thereof; and/or
(4) without necessity of process or other legal action, enter
onto the premises where any or all of the Equipment may then
be located and take possession of any or all of the Equipment,
with force, if necessary, without liability to Lessor or any
other person arising out of taking of such action.
(d) ASSUMPTION OF AGREEMENTS. In addition to the foregoing, if
Lessee is in default, Lessor may assume ownership for all purposes of all Site
Leases pursuant to which Lessee has installed and operated Equipment under this
Lease, including assumption of Lessee's obligations under such agreements, and
be entitled to receive as Lessor's own property all revenues, rents, profits,
income and other benefits derived from said agreements. Lessor shall also have
the right to endorse the name of Lessee on any
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checks, notes, or any other instruments for the payment of money, to deposit the
same in bank accounts, in either Lessor's own name or in the name of Lessee, to
institute, prosecute, settle or compromise any summary or legal proceedings for
the recovery of any of the gross receipts from the operation of such Equipment,
and to initiate, prosecute, settle or compromise any other proceedings for the
protection of the Equipment, for the recovery of any damages done to the
Equipment, or to defend any legal proceedings brought against Lessee arising out
of the operations of the Equipment. Lessee agrees to reimburse all Lessor's
expenses in either keeping current or curing any defaults under the Site Leases.
(e) NON-REPLACEMENT OF SITE LEASE. In the event of a default under
Section 6(a)(5), Lessee grants to Lessor a security interest in all agreements,
which are not subject to this Lease, between Lessee and the owners of premises
where equipment similar to Equipment is located.
(f) CONTINUED LIABILITY. In addition, if Lessee is in default,
Lessee shall continue to be liable for all indemnities under this Lease and for
all legal fees and other costs and expenses resulting from the foregoing
defaults or the exercise of Lessor's remedies including placing any Equipment in
the condition required by Section 5(c). No remedy referred to in this Section is
intended to be exclusive, but each shall be cumulative and in addition to any
other remedy referred to above or elsewhere in this Agreement or otherwise
available to Lessor or at law or in equity. Lessor shall be entitled to take or
retain, by way of offset against any or all amounts due and owing under this
Lease, any assets, tangible or intangible, of Lessee which may then be in the
possession of Lessor, its correspondents or agents, wheresoever situated.
(g) PAYMENT OF FEES AND COSTS. Lessee will pay Lessor a reasonable
sum for attorneys fees and all costs and expenses incurred by Lessor in the
enforcement of any right or remedy hereunder. If Lessee is required to enforce
the terms of this Agreement against Lessor and is the prevailing party in any
action under this Agreement, Lessor shall reimburse Lessee for all costs and
expenses, including reasonable attorneys fees, incurred by Lessee in such
actions.
7. SECURITY INTEREST; ASSIGNMENT. Lessee hereby grants to Lessor a
security interest in (a) all of Lessee's contract rights in the Site Leases
pursuant to which Lessee has or will install and operate Equipment, whether now
owned or hereafter acquired, (b) all of Lessee's rights to receipts pursuant to
said Site Leases, and (c) the proceeds, products, additions, replacements,
substitutions, and extensions of said Site Leases. Lessee agrees to prepare,
execute and file such security agreements, financing statements, and other
documents as Lessor may reasonably require in order to evidence and perfect said
security interests.
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Upon the termination of this Lease, if Lessee has then performed all of
its obligations under this Lease, said Site Leases shall automatically be
reassigned to Lessee. Lessor shall, upon the request of Lessee, sign such
documents of assignment as Lessee may reasonably request.
8. WARRANTIES AND OBLIGATIONS OF LESSEE. In addition to the other
obligations and warranties of Lessee set forth elsewhere in this Agreement,
Lessee agrees and warrants as follows:
(a) Lessee is not in default with respect to any Site Leases.
(b) Lessee has the authority to execute this Agreement.
(c) All Site Leases pursuant to which Equipment has been installed and
operated are assignable.
(d) Lessee shall provide the Lessor, at its address shown above, all
quarterly reports of Lessee's financial condition and annual financial reports
reviewed by an independent certified public accountant.
(e) Lessee shall provide copies of telephone company bills for each
site, to verify the status of each site, prior to the execution of this Lease
and annually thereafter, or more often upon request of Lessor.
9. OPTION TO PURCHASE EQUIPMENT. If Lessee is not in default of any
obligations set forth in this Agreement and/or if Lessee has made all payments
as required under the Lease, Lessee shall have the option to purchase all (not
part) of the Equipment at the end of the Term by payment of One no/100 ($1.00)
Dollar. The option must be exercised by delivery of a written notice to Lessor
at least thirty (30) days prior to the end of the Term. Upon payment of the
option price, Lessor shall deliver to Lessee a Xxxx of Sale sufficient to
transfer title to the Equipment to Lessee, free and clear of all encumbrances.
10. JURISDICTION AND VENUE. THIS LEASE SHALL BE BINDING AND EFFECTIVE WHEN
ACCEPTED BY AN OFFICER OF LESSOR AT LESSOR'S HOME OFFICE, AND SHALL BE DEEMED TO
HAVE BEEN MADE IN CEDAR RAPIDS, LINN COUNTY, IOWA. EXCEPT FOR LOCAL FILING
REQUIREMENTS, THIS LEASE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH
THE LAWS OF THE STATE OF IOWA. LESSEE KNOWINGLY AND VOLUNTARILY CONSENTS TO BE
SUBJECT TO THE JURISDICTION OF THE STATE OR FEDERAL COURTS SITTING IN CEDAR
RAPIDS, LINN COUNTY, IOWA FOR PURPOSES OF ADJUDICATING ANY RIGHTS AND
LIABILITIES OF THE PARTIES PURSUANT TO THIS LEASE, WITH VENUE TO BE IN LINN
COUNTY, IOWA. LESSEE WAIVES ANY OBJECTION BASED ON FORUM NON CONVENIENS.
11. Lessee waives trial by jury on any issues pertaining to the rights and
liabilities of the parties to this Lease or assigns.
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12. MISCELLANEOUS. (a) PERFORMANCE OF OBLIGATIONS OF LESSEE BY LESSOR. In
the event that Lessee shall fail to duly and promptly perform any of its
obligations under the provisions of this Lease, including, without limitation,
any obligations which Lessee may have with respect to Site Leases, Lessor may at
its option, immediately or at any time thereafter perform the same for the
account of Lessee without thereby waiving such default, and any amount paid or
expense or liability incurred by Lessor in such performance, together with
interest at the rate of twelve percent (12%) per annum thereon, but not in
excess of the amount permitted by any applicable law, until paid by Lessee to
Lessor, shall be payable by Lessee upon demand as additional rent for the
Equipment.
(b) NOTICES; NO WAIVER; TIME; ENTIRE AGREEMENT; SEVERABILITY. Any
notices to be given under this Lease shall be effective at the end of the third
day following the mailing thereof, via certified mail, return receipt requested,
by facsimile, or by recognized commercial carrier, to the other party at the
address set out herein, or such other address as such party may have specified
by written notice. No failure on the part of Lessor to exercise, and no delay in
exercising, any right hereunder shall operate as a waiver thereof; nor shall any
single or partial exercise by Lessor of any right hereunder preclude any other
further exercise thereof or the exercise of any other right. Time is of the
essence of this Lease. This Lease represents the entire agreement between Lessor
and Lessee as to the Equipment and may not be altered, amended, changed, or
terminated without an agreement, in writing, signed by a responsible
representative of Lessor. Any provision of this Lease which is invalid under the
law of any state shall, as to such state, be ineffective to the extent of such
prohibition in such state only, without invalidating the remaining provisions of
this Lease in such state.
(c) FURTHER ASSURANCE. Lessee will promptly execute and deliver to
Lessor (or any assignee of Lessor pursuant to Section 12(f)) such further
documents and take such further action as Lessor or such assignee may request in
order to more effectively carry out the intent and purpose hereof and to fully
protect Lessor's, or any such assignee's, interest hereunder in accordance with
the Uniform Commercial Code or other applicable law, including without
limitation, the filing of financing and continuation statements.
Lessee hereby authorizes Lessor to effect any such filing as aforesaid
(including the filing of any such financing or continuation statements without
the signature of Lessee).
(d) DEFINITION OF "LEASE". "Lease" as used herein, shall be deemed to
refer to this Lease and any and all Schedules now or hereafter executed pursuant
hereto.
(e) DEFINITION OF "SITE LEASE". The term "Site Lease" as used herein
shall refer to any agreement between Lessee and a
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customer of Lessee pursuant to which Lessee supplies, maintains and services
Equipment.
(f) ASSIGNMENT. Lessee shall not assign this Lease or any interest
therein, or sublease any Equipment (except pursuant to Site Leases now in
existence), or part with possession of any Equipment, without the prior written
consent of Lessor. The foregoing shall not prohibit Lessee from fulfilling its
obligations with respect to Site Leases. Lessor's rights, title and interest in
and to this Lease and the Equipment may be transferred and assigned by Lessor
without notice and Lessor's assignee shall have all the rights, powers,
privileges, and remedies of Lessor hereunder. Except to the extent any such
assignee otherwise agrees in writing, Lessee (if notified of such assignment)
shall not be entitled to terminate or amend this Lease without the written
consent of such assignee.
(g) RETURN OF EQUIPMENT. If the Equipment is not purchased by Lessee
pursuant to paragraph 9 herein, Lessee shall, at its own cost and expenses, at
the end of the Term of this Lease, store the Equipment for the benefit of Lessor
in a proper manner at one central location. The Equipment shall be in good
operating condition as required by Section 5(c). All expenses, except reasonable
storage expenses, shall be paid by Lessee.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on their behalf the day and year above indicated.
LESSEE: Xxxxxxx Communications Corporation
BY:
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TITLE:
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LESSOR: Xxxxxxx Xxxxxx & Company Leasing, Inc.,
agent for Telecommunications Income Fund IX, L.P.
BY:
---------------------------------
TITLE:
------------------------------
In order to induce Xxxxxxx Xxxxxx & Company Leasing, Inc., agent for
Telecommunications Income Fund IX, L.P. to execute this Lease, this Lease is
guaranteed in full by:
---------------------------------
Xxx Xxxxxxx
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SCHEDULE "A"
Schedule attached to and made a part of that Lease Agreement and Assignment of
Site Lease and Security Agreement dated the 3rd day of December, 1996, between
the undersigned Lessee and Xxxxxxx Xxxxxx & Company Leasing, Inc., agent for
Telecommunications Income Fund IX, L.P.
10 Pay telephones, attachments, and enclosures located as specified and the Site
Leases identified below:
Quantity Site Lessee Address
-------- ----------- -------
1 Xxxxxx Hotel Management Co, Inc.
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Equipment Installed at each of the following locations with each location having
the following equipment:
Xxxxxx Inn Baton Rouge
0000 Xxxxxx Xxxxx Xx., Xxxxx Xxxxx, XX 00000
000-000-0000
Xxxxxx Inn Bunsen
0000 Xxxxxx Xxx, Xxxxxxxxxx, XX 00000
000-000-0000 PABX includes:
1: Mitel SX200 (refurbished by Mitel)
Xxxxxx Inn Jackson 12 Trunks
000 Xxxxxxxx Xxxxxx, Xxxxxxx, XX 00000 120 Extensions (or more as needed per hotel)
000-000-0000 Software Generic 217
NANP Ready Software
Xxxxxx Inn Jacksonville UART Module (RMATs)
0000 Xxxxxxx Xxxx, Xxxxxx Xxxx, XX 00000 Modem 14,400 US Robotics
904-264-4466 UPS 1250
Surge suppression 12 trunks
Xxxxxx Inn Jonesboro Digital Voice Announcer (Auto wake up message)
0000 Xxxxxxx Xxxxx, Xxxxxxxxx, XX 00000
000-000-0000 Telephone Call Accounting
Xiox Prophet H-3 with printer
Xxxxxx Inn Kemmons UPS and remote Maintenance modem
0000 Xxxxxxx Xxxxx, Xxxxxxxxxx, XX 00000
000-000-0000 Lodgistix Interface:
Software and Hardware including server PC
Xxxxxx Inn Lexington
0000 Xxxxx Xxxxx Xxxxx, Xxxxxxxxx, XX 00000
000-000-0000
Xxxxxx Inn Little Rock
0000 Xxxx Xxxxxxxxx, Xxxxxx Xxxx, XX 00000
5O1-376-2466
Xxxxxx Inn Nashville
000 Xxxxx Xxxxx, Xxxxxxxxx, XX 00000
000-000-0000
Holiday Inn Express
0000 Xxxxxx Xxxxx, Xxxxxxxxxxxx, XX 00000
000-000-0000
This schedule is hereby verified as correct by the undersigned Lessee, who
acknowledges receipt thereof.
Lessee: Xxxxxxx Communications Corporation
By:__________________________________________, its _____________________________
