NET LEASE
Exhibit 10.9
This Net Lease (this “Lease”) is made and entered into as of May 23, 2007, by and between
Papillion Building LLC, a Delaware limited liability company (“Lessor”), and infoUSA Inc., a
Delaware corporation (“Lessee”).
A. This Lease is made with reference to the real property (the “Premises”) in Papillion,
Nebraska, commonly known as 0000 Xxxx 0xx Xxxxxx, Xxxxxxxxx, Xxxxxxxx 00000 and as
legally described on Exhibit “A”, attached hereto.
X. Xxxxxx is desirous of leasing the Premises to Lessee and Lessee is desirous of leasing the
same from Lessor upon the terms and conditions set forth below.
NOW, THEREFORE, for valuable consideration Lessor hereby leases the Premises to Lessee and
Lessee hereby leases the Premises from Lessor, upon the terms and conditions hereafter provided:
1. Term. The original term of this Lease shall commence on May 23, 2007
(“Commencement Date”), and shall terminate on May 17, 2027 (“Original Term”). Subject to the
condition that Lessee is not in default of the performance of any of the provisions of this Lease,
Lessee shall have the option to renew this Lease for two (2) additional periods of five (5) years
each (each such option period is hereinafter referred to as an “Extended Term”) subject to all the
same terms and conditions contained herein. Lessee shall exercise said options by providing Lessor
written notice not less than ninety (90) days prior to the expiration of the Original Term of this
Lease or any Extended Term.
Any reference in this Lease to “tenancy” or “term” shall include the Original Term and any
Extended Term, as applicable.
2. Rent. In consideration for the foregoing demise, the Lessee hereby covenants to
perform the agreements hereby imposed, and to pay the Lessor as Base Rent for said Premises the sum
of Eleven and 50/100 Dollars ($11.50) per square foot during the first five (5) years of this Lease
(“Base Rent”). Base Rent shall be increased by ten percent (10%) every five (5) years during the
term of this Lease. By way of example and not limitation, Base Rent shall be Twelve and 65/100
Dollars ($12.65) per square foot during the second five (5) year period of this Lease. In
addition, Lessee agrees to pay Lessor $0.15 per square foot per year during the Original Term and
any Extended Term as a reserve to cover necessary upgrades to the Premises (the “Replacement
Reserve”). For purposes of determining Base Rent, the parties each acknowledge and agree that the
Premises consists of 176,000.00 square feet, and therefore Base Rent plus Replacement Reserve
during the first five (5) years shall be $170,867.00 per month. Base Rent and Replacement Reserve
shall be paid monthly in advance, without notice, setoff, deduction or counterclaim, commencing
upon the execution of this Lease, and on the first (1st) day of each successive month during the
term hereof. Payments of Base Rent and Replacement Reserve for any fractional calendar month shall
be prorated.
3. Taxes. Lessee agrees to pay, as additional rent, all real estate taxes,
assessments, water rates and other charges, general or special, of every kind which are assessed,
or shall become payable upon the demised Premises during the term hereof. Lessor shall, at its
option, have the right to pay, without the necessity of inquiring into the validity or legality
thereof, any such impositions, and the amount so paid, including reasonable expenses
incurred in connection therewith, shall be so much additional rent due from the Lessee to
Lessor at the next rental payment date after such payment.
4. Payment Provisions. All payments of Base Rent and Replacement Reserve and
additional rent payable to Lessor shall be made at the following address or at such other location
as Lessor may direct: 0000 X. 00xx Xxxxxx, Xxxxx, Xxxxxxxx 00000. Additional rent
relating to real estate taxes shall be paid in installments when due to Lessor, along with the Base
Rent and Replacement Reserve payable hereunder. Lessor shall, from time to time, notify Lessee of
any adjustments in the total of each payment necessitated by changes in the real estate taxes
payable on the Premises and shall furnish Lessee with copies of any tax notices relating thereto
for verification by Lessee. Lessor shall thereafter be responsible for remitting timely payment of
such taxes to the appropriate taxing authorities.
All payments to be made by Lessee hereunder, other than for Base Rent and Replacement Reserve
and real estate taxes, shall be paid by Lessee directly to the charging body or authority. All
such payments shall be made at least ten (10) days before finally due; provided, however, if any
such payment may be made in installments, Lessee may pay the installments, together with any
interest or additional charges thereon, as the same become due.
If any payment of Base Rent and Replacement Reserve and additional rent is not received by
Lessor on or before the tenth (10th) day of the month in which the same is due, a late payment
charge in the amount of five percent (5%) of the payment then due, including taxes, shall be
payable by Lessee. Said late payment charge shall be added to the delinquent rental and shall be
immediately due and payable along with such rental.
For purposes of this Lease, any reference to “rent” shall include both Base Rent and any
additional rent payable to Lessor as set forth in this Lease, including, but not limited to, the
Replacement Reserve.
5. Use of Premises. During the term of this Lease, Lessee shall not use or suffer or
permit any person to use the demised Premises or any building at any time situated upon such
Premises for any use or purpose in violation of any laws or ordinances and Lessee shall keep the
Premises and the improvements thereon in a clean condition and in a good state of repair.
6. Utilities. Lessee will pay all charges for hookups, maintenance and monthly
xxxxxxxx made against the demised Premises and the improvements thereon for all utilities during
the term of this Lease. Lessor shall not be responsible or liable to Lessee for any loss or damage
resulting to Lessee or its property from water, gas, steam, or the bursting, stoppage or leakage of
pipes, or any utility outages.
7. Insurance. Lessee shall maintain and deposit with Lessor during the term of this
Lease, at Lessee’s sole cost and expense: a) policies of fire and extended coverage insurance and
insurance against such other hazards as may be required by Lessor on the buildings and all other
improvements located on the Premises in such an amount as may be requested by Lessor or its first
mortgage lender with loss payable to Lessor, the first mortgage lender and Lessee as their
interests may appear; b) a policy of comprehensive general liability insurance coverage with
minimum limits of liability for bodily injury to one person or damage to property in the amount of
One Million Dollars ($1,000,000). All such insurance policies shall be issued by insurance
companies acceptable to Lessor and Lessor’s first mortgage lender and shall contain all additional
terms required by Lessor’s first mortgage lender. Lessee shall obtain a written
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obligation on the part of each insurance company to notify Lessor at least thirty (30) days
prior to cancellation of any such insurance.
If Lessee shall, at any time, neglect to maintain the above insurance, Lessor may procure or
renew such insurance and the amount so paid therefor, including reasonable expenses, shall be
considered to be additional rent due to Lessor from Lessee.
8. Fire or Other Casualty. Lessee agrees that in the event of damage or destruction
to the Premises or improvements thereon by any cause whatsoever, Lessee will at its expense proceed
immediately to restore them to the same or equivalent condition, status and value that they were
in, or required to be kept in before such destruction or damage. Lessor agrees to make available
to Lessee the net proceeds from any insurance to the extent necessary and to the extent permitted
by Lessor’s lender. Before any repair or restoration work is undertaken, Lessor’s lender shall
approve of same in writing and Lessor shall have the right to request and receive a copy of the
plans and specifications and a certificate as to the probable cost of the work, to be furnished by
the general contractor or other contractors who will do the work. Title to all improvements made
by the Lessee hereunder shall immediately vest in Lessor, subject only to this Lease. Lessee
expressly agrees that its obligations hereunder, including the obligation to pay rent, shall
continue as though the Premises had not been damaged or destroyed and without abatement,
suspension, diminution or reduction of any kind.
9. Eminent Domain. If all or substantially all of the Premises shall be appropriated
or condemned by any public authority in the exercise of its right of eminent domain, this Lease
shall terminate (with respect to only the portion of the Premises condemned) as of the date such
taking shall occur. If any taking of any part of the Premises occurs which would render the
Premises unsuitable for the business then being conducted by Lessee, then the term of this Lease,
at the option of Lessee exercised by giving written notice to the Lessor within sixty (60) days
after the date of such taking, shall terminate as of the date of such taking. In the event of a
taking of any part of the Premises which is not extensive enough to render the Premises unsuitable
for the business then being conducted by Lessee, then Lessor, to the extent possible, shall
promptly restore the Premises to a condition comparable to its condition immediately prior to such
taking (less the portion lost in the taking) and this Lease shall continue in full force and
effect. In the event that this Lease shall not terminate upon any taking of all or any part of the
Premises, there shall be an equitable reduction in Base Rent with respect to the Premises.
Except as otherwise herein specifically provided, Lessor or its first mortgage lender shall be
entitled to all awards and proceeds payable by reason of any taking, whether full or partial, as
damages or otherwise. Lessee hereby expressly waives any right or claim to any part thereof and
assigns to Lessor its interest therein; provided, however, that where such taking results in a
termination of this Lease as to all or any part of the Premises, then Lessee shall be entitled to
that portion, if any, of an award made to, or for the benefit of, Lessee, specifically for the cost
of removal of trade fixtures. Lessee shall have no claim against Lessor for the value of the
unexpired term of the Lease as to the part of the Premises taken. Nothing contained herein shall
be construed to preclude Lessee from prosecuting any claim directly against the condemning
authority in any condemnation proceedings; provided, however, that no such claim shall diminish or
otherwise adversely affect Lessor’s award or the award of any mortgage lender.
10. Maintenance. The Lessee agrees to maintain the building(s), and improvements now
or hereafter erected on the Premises, and to keep the same in good order and condition,
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except for ordinary wear and tear, and shall promptly, and at Lessee’s own cost and expense,
make all necessary repairs, whether exterior or interior, structural or non-structural, ordinary
and extraordinary, foreseen and unforeseen, to all parts of the same. When used in this Lease, the
term “repairs” shall include replacements or removal, when necessary, and all such repairs shall be
equal in quality and class to the original work.
Lessee will not, at any time, permit any mechanics’, laborers’, or materialmen’s liens to be
filed against the Premises for any labor or material furnished to Lessee or claims to have been
furnished to Lessee or to Lessee’s agents, contractors or sublessees, in connection with work of
any character performed or claimed to have been performed on the Premises by, or at the direction
or sufferance of, Lessee. Lessor shall not be required to make any expenditures whatsoever in
connection with maintenance of the Premises under this Lease or to make any repairs or to maintain
the Premises in any way. Lessee shall pay and promptly discharge, at Lessee’s sole cost and
expense, all such liens.
Notwithstanding the foregoing and provided that Lessee is not in default under the terms of
this Lease, Lessee may submit for capital expenditures for repairs and replacements to the Premises
to Lessor for reimbursement against the Replacement Reserve (other than leasehold improvements) in
increments of no less than $2,500 upon delivery by Lessee of copies of paid invoices (or with
respect to requests in excess of $10,000, unpaid invoices) for the amounts requested and a
certification from Lessee stating: (a) the nature and type of the related replacement or repair,
(b) that the related replacement or repair has been completed in a good and workmanlike manner and
(c) that the related replacement or repair has been paid for in full (or, with respect to requests
in excess of $10,000, will be paid for in full from the requested disbursement) and, if required by
Lender, lien waivers and releases from all parties furnishing materials and/or services in
connection with the work that is the subject of the payment request and/or other evidence
reasonably requested by Lessor to demonstrate proper completion of the related repair and
replacement and the cost to Lessee to demonstrate proper completion of the related repair and
replacement and the cost to Lessee thereof. Any disbursement by Lessor hereunder for a capital
item in excess of $10,000 and not already paid for by Lessee may at Lessor’s option be made by
joint check payable to Lessee and the applicable contractor, supplier, materialman, mechanic,
subcontractor or other party to whom payment is due in connection with such capital item. Lessor
may require an inspection of the Premises at Lessee’s expense prior to making a disbursement in
excess of $10,000 in order to verify completion of replacements and repairs for which reimbursement
is sought.
11. Fixtures and Equipment. It is specifically understood and agreed that Lessee
shall own any and all equipment or machinery installed in the Premises by Lessee at its expense,
and Lessee may, at any time, remove the same from the Premises, except heating, lighting and
building air conditioning equipment and anything constituting a permanent installation and part of
the building(s). Lessee shall make any structural or other repairs necessary as a result of the
removal of any equipment or machinery. All such repair work shall be acceptable to and approved by
Lessor.
12. Alterations. Lessee may make such alterations, additions, installations, changes
and improvements in the building(s) upon the demised Premises as may be necessary for Lessee’s
purposes, provided such alterations, additions, installations, changes and improvements shall not
change the use and nature of the Premises or improvements, and provided Lessor shall approve of the
same in writing prior to commencement of any such work. Should any alterations, additions,
installations, changes and improvements in or to the Premises
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be required during the term hereof by any governmental authority or under or by virtue of any
law, ordinance or regulation, the same shall be made by and at the cost of Lessee.
13. Assignment and Subletting. Lessee shall not sublet or assign all or any portion
of the Premises without the prior written consent of Lessor, which may be withheld in its sole
discretion.
14. Bankruptcy. If Lessee shall be declared insolvent or bankrupt, or if any
assignment of the Lessee’s property shall be made for the benefit of creditors or otherwise, or if
the Lessee’s leasehold interest herein shall be levied upon under execution, or seized by virtue of
any writ of any court of law, or a Trustee in Bankruptcy or a Receiver be appointed for the
property of the Lessee, whether under the operation of State or Federal statutes, then and in any
such case, Lessor may, at its option, immediately with or without notice, said notice being
expressly waived, terminate this Lease and immediately retake possession of said Premises without
the same working any forfeiture of the obligations of the Lessee hereunder.
15. Default by Lessee. Except for Lessee’s failure to pay Base Rent or any additional
rent, which shall constitute a default for which no notice is required, Lessor shall give Lessee
written notice of any other default by Lessee in the performance of any obligation to be kept or
performed by Lessee. If such default continues for a period of thirty (30) days with respect to
said default after written notice from Lessor specifying such default, or immediately upon default
in the case of Lessee’s failure to pay Base Rent or any additional rent, Lessor may thereafter
without further notice or demand, enter onto the Premises and take full and absolute possession
thereof, without such re-entry causing a forfeiture of the rent to be paid or the covenants to be
performed by Lessee hereunder for the full term of this Lease and may thereafter lease or sublease
the Premises for such rent as Lessor may reasonably obtain, crediting Lessee with the rent so
obtained after deducting the costs Lessor reasonably incurs by such re-entry, leasing or
subleasing, or the Lessor, at its election, may terminate this Lease and re-enter and take full and
absolute possession of the demised Premises free from any further right or claim by Lessee.
16. Condition of Premises Upon Surrender. At the expiration of the Lease, Lessee will
quit and surrender the Premises in as good state and condition as when received, reasonable wear
and tear excepted. In the event Lessee alters, remodels and/or improves said Premises in
accordance with its rights hereinbefore granted, it shall not, at the expiration of said Original
Term or expiration of any Extended Term be required to restore the same to the condition said
Premises were in when Lessee took possession, but Lessee may surrender the same in their altered,
remodeled and/or improved condition without any further liability provided that the use and nature
of the Premises has not been diminished.
17. Holding Over the Premises. In the event Lessee continues to occupy the Premises
after the expiration of the term hereof, then such occupancy shall create a tenancy at will only,
and shall in no event be deemed a renewal of this Lease, and either party may terminate said
tenancy at will upon notice to the other party in accordance with the laws of the State of
Nebraska. During such tenancy at will, Lessee shall pay Base Rent for said Premises in the amount
of 1.25 times the Base Rent it was obligated to pay during the last month of the preceding tenancy.
18. Subordination, Attornment and Other Assurances. Lessor reserves the right to
place liens and encumbrances on the Premises superior in lien and effect to this Lease. This
Lease, and all rights of Lessee hereunder, shall, at the option of Lessor, be subject and
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subordinate to any liens and encumbrances now or hereafter imposed by Lessor upon the Premises
or the building(s) or any part thereof, and Lessee agrees to execute, acknowledge and deliver to
Lessor, upon demand, any and all instruments that may be necessary or proper to subordinate this
Lease and all rights of Lessee herein to any such lien or encumbrance as may be required by Lessor.
This paragraph shall not be construed to require Lessee to subordinate its interest hereunder to
any party, including a third party purchaser, unless such party is a bona fide lender with which
Lessor is negotiating refinancing of the Premises.
In the event any proceedings are brought for the foreclosure of any mortgage on the Premises,
at such mortgage lender’s option, Lessee will attorn to the purchaser at the foreclosure sale and
recognize such purchaser as the Lessor under this Lease. At such mortgage lender’s option, and so
long as Lessee is not in default of this Lease, Lessee shall have the right to remain in possession
under the terms of this Lease, and Lessee shall execute such attornment and nondisturbance
agreements as may be reasonably required by Lessor or any other purchaser or mortgage lender. In
the event any foreclosure or other proceedings cause any interruption of Lessee’s quiet enjoyment
of the Premises or breach of Lessor’s obligations hereunder, Lessor (but excluding any purchaser or
mortgage lender) shall be liable to Lessee for any and all damages incurred by Lessee as a result
thereof; provided, however, said damages shall not include loss of profits, loss of business or
incidental, special or consequential damages of any nature whatsoever.
Lessee agrees to execute and deliver such further assurances and other documents, including a
new lease upon the same terms and conditions contained herein, confirming the status of the Lease,
rent, absence of defenses and such other matters, as Lessor or any purchaser or mortgage lender may
reasonably request.
19. Estoppel Certificate. Lessee shall, without charge therefor, at any time and from
time to time, within fifteen (15) days after written request therefor by Lessor, execute,
acknowledge and deliver to Lessor a written estoppel certificate, in reasonable form, certifying to
Lessor, any mortgagee, or any purchaser of the Premises or any other person designated by Lessor,
as of the date of such estoppel certificate: (a) that Lessee is in possession of the Premises and
has unconditionally accepted the same; (b) that this Lease is unmodified and in full force and
effect (or if there have been modifications, that the same is in full force and effect as modified
and setting forth such modifications); (c) whether or not there are then existing any set-offs or
defenses against the enforcement of any right or remedy of Lessor, or any duty or obligation of
Lessee, hereunder (and, if so, specifying the same in detail); (d) that rent is paid currently
without any offset or defense thereto; (e) the dates, if any, to which any rent has been paid in
advance; (f) whether or not there is then existing any claim of Lessor’s default under this Lease
and, if so, specifying the same in detail; (g) that Lessee has no knowledge of any event having
occurred that authorized the termination of this Lease by Lessee (or if Lessee has such knowledge,
specifying the same in detail); and (h) any other matters relating to the status of this Lease that
Lessor or its mortgagee may request be confirmed, provided that such facts are accurate and
ascertainable.
20. Memorandum of Lease. Lessor agrees, upon Lessee’s request, to execute a
Memorandum of Lease in a form mutually agreeable to the parties. Lessee may record the Memorandum
of Lease at its expense following the effective date hereof, and in the event Lessee elects to
record such a document, Lessee shall execute and record a termination of such Memorandum of Lease
within a reasonable time (not to exceed thirty (30) days), following Lessor’s written request
therefor following the expiration or earlier termination of the Lease. The provisions of this
Lease shall control, however, in regard to any omissions from the
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Memorandum of Lease or any provisions hereof which may be in conflict with the Memorandum of
Lease.
21. Successors. Subject to Section 13, this Lease shall bind and shall inure to the
benefit of the successors and assigns of the respective parties, hereto.
22. Indemnity. The Lessee covenants with the Lessor that the Lessor shall not be
liable for any damage or liability of any kind or for any damage or injury to persons or property
during the term of this Lease from any cause whatsoever, including but not limited to environmental
matters, occasioned by reason of the use, occupancy and enjoyment of the demised Premises by the
Lessee or any person thereon or holding under the Lessee. Lessee will indemnify and save harmless
the Lessor from all liability whatsoever on account of any such damage or injury, and from all
claims, liens and demands arising out of the use of the real estate, the building(s) and its
facilities or any repairs or alterations which the Lessee may make upon the Premises.
Lessee acknowledges and agrees that Lessor shall not be liable to the Lessee, or any employee,
agent, invitee or licensee of the Lessee, for any injury, destruction or damage whatsoever to
person, property or otherwise caused by the use or misuse, condition, maintenance or lack thereof,
or by reason of any structural or other defect therein, including by way of specification and not
by way of limitation, damage caused by gas, sewage, electric wires, plumbing, pipes, water,
refrigeration, steam tanks, drains, fire, explosions, environmental matters or otherwise.
23. Notices.
a. Unless otherwise specified herein, all notices, demands, instructions and other
communications required or permitted hereunder shall be in writing and shall be personally
delivered or sent by registered or certified mail, postage prepaid, return receipt requested
and shall be deemed to be given for purposes of this Agreement in regard to registered or
certified mail, three (3) days after mailing, and in regard to personal delivery, on the day
that such writing is delivered, unless otherwise specified in the notice sent or delivered
in accordance with the foregoing provisions of this paragraph, notices, demands,
instructions or other communications in writing shall be given to or made upon the following
parties at their respective addresses indicated below:
If to Lessor:
Papillion Building LLC
0000 X. 00xx Xxxxxx
Xxxxx, Xxxxxxxx 00000
Attn: Manager
0000 X. 00xx Xxxxxx
Xxxxx, Xxxxxxxx 00000
Attn: Manager
If to Lessee:
infoUSA Inc.
0000 X. 00xx Xxxxxx
Xxxxx, Xxxxxxxx 00000
Attn: Chief Financial Officer
0000 X. 00xx Xxxxxx
Xxxxx, Xxxxxxxx 00000
Attn: Chief Financial Officer
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or at such other address as any of the parties may from time to time designate by written notice
given as herein required. Rejection or refusal to accept, or inability to deliver because no
notice of changed address was given, shall be deemed a receipt of such notice.
24. Quiet Enjoyment. Lessee, upon paying the rent and performing all other terms,
covenants and conditions of this Lease, shall and may peaceably and quietly have, hold, occupy,
possess and enjoy the Premises during the Term of this Lease.
25. Signs. Lessor shall have the right to place “For Rent” or “For Sale” signs upon
any portion of the exterior of the Premises, which will not materially interfere with Lessee’s use
of the Premises, at any time within one-hundred eighty (180) days prior to the expiration of the
Original Term or any Extended Term.
26. Entire Agreement. The parties declare that in entering into this Lease they
relied solely upon the statements contained in this Lease, and fully understand that no agents or
representatives have authority to, in any manner, change, add to or detract from the terms of the
Lease, which constitutes the entire agreement of the parties.
27. Amendments. This Lease may only be amended or changed by an instrument in writing
signed by the Lessor and the Lessee.
28. Governing Law; Venue. This Lease shall be governed by and construed in accordance
with the laws of the State of Nebraska without regard to any choice of law rules. Any action to
enforce the provisions of this Agreement, or arising from the actions of any party in connection
therewith, shall be brought in the United States District Court for the District of Nebraska or in
the Nebraska District Court in Sarpy County, Nebraska.
29. Severability. In case any of the provisions of this Lease shall at any time be
held by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason,
such illegality, invalidity or unenforceability shall not affect the remaining provisions of this
Lease, and this Lease shall be construed and enforced as if all such illegal, invalid or
unenforceable provisions had never been inserted herein.
30. Headings. All headings are only for convenience and ease of reference and are
irrelevant to the construction or interpretation of any provision of this Lease.
31. No Waiver. The failure by any party to insist upon the strict performance of or
to seek remedy of, any one of the terms or conditions of this Agreement or to exercise any right,
remedy or election set forth herein or permitted by law shall not constitute or be construed as a
waiver or relinquishment for the future of such term, condition, right, remedy or election, but
such item shall continue and remain in full force and effect. All rights or remedies of the
parties specified in this Agreement and all other rights or remedies that they may have at law, in
equity or otherwise shall be distinct, separate and cumulative rights or remedies, and no one of
them, whether exercised or not, shall be deemed to be in exclusion of any other right or remedy of
the parties.
32. Lessor Liability. Not withstanding anything to the contrary herein, neither
Lessor, nor any director, officer, member, trustee or director, indirect beneficial owner of Lessor
or of any parent or other affiliate of Lessor shall have any personal liability with respect to any
provision of this Lease, or any obligation or liability arising hereunder or in connection
herewith, and none of their assets (other than the Premises) shall be subject to levy, execution or
other
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judicial process with the satisfaction of Lessee’s claims. Lessee shall look solely to the
equity of the then owner of the Premises in the building and the real property (or if the interest
of Lessor is a leasehold interest, Lessee shall look solely to such leasehold interest) for the
satisfaction of any remedies of the Lessee in the event of a breach by Lessor of any of its
obligations. Such exculpation of liability shall be absolute and without any exception whatsoever.
33. Costs and Expenses. All costs and expenses that are incurred by Lessor (including
reasonable fees for legal counsel) in connection with the enforcement of this Lease shall be paid
by Lessee.
34. Net Lease. Notwithstanding any other provision of this Lease, this Lease is a net
lease and rent shall be paid without notice or demand. This Lease is intended to be, and shall be
construed as, an absolutely net lease, whereby under all circumstances and conditions (whether now
or hereafter existing or within the contemplation of the parties) the Base Rent shall be a
completely net return to Lessor throughout the term of this Lease; and Lessee shall pay any and all
expenses, costs, obligations and charges whatsoever which shall arise or be incurred or shall
become due, during the term of this Lease, with respect to or in connection with, the Premises and
the operation, management, maintenance and repair thereof.
[The Remainder of this Page Intentionally Left Blank.]
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IN WITNESS WHEREOF, the parties have executed this document as of the date and year first
above written.
| Papillion Building LLC, a Delaware limited liability company |
||||||
| By: | /s/ Xxxxxx X. Xxxx | |||||
| Name: | Xxxxxx X. Xxxx | |||||
| Title: | Chief Financial Officer | |||||
| infoUSA Inc., a Delaware corporation |
||||||
| By: | /s/ Xxxxxx X. Xxxx | |||||
| Name: | Xxxxxx X. Xxxx | |||||
| Title: | Chief Financial Officer | |||||
STATE OF
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) | |||||||
| ) | ss | |||||||
COUNTY OF
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) | |||||||
The
foregoing Net Lease was acknowledged before me this _______day of _____________, 2007, by
[_________________], [_______________] of Papillion Building LLC, a Delaware limited liability
company, for and on behalf of said limited liability company.
| Notary Public | ||||||
STATE OF
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) | |||||||
| ) | ss | |||||||
COUNTY OF
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) | |||||||
The foregoing
Net Lease was acknowledged before me this _______day of _____________, 2007, by
[_________________], [_________________], of infoUSA Inc., a Delaware corporation, for and on behalf of
said corporation.
| Notary Public | ||||||
EXHIBIT “A”
LEGAL DESCRIPTION
