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EXHIBIT 10.8
OFFICE LEASE
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DATE OF LEASE TERM OF LEASE MONTHLY RENT
As of BEGINNING ENDING
__________,_ 1996 October 1, 1996 September 30, 1996 4,562.00
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Location of Premises: 0000 Xxxxxxx, Xxx Xxxxxxx, XX 00000
(Comprising approx. 3,245 of furnished office space)
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Purpose: General Business Office
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LESSEE LESSOR
NAME Blouensa, Inc. NAME CTRC Research Foundation
ADDRESS 14960 Omicron ADDRESS 00000 Xxxxxxx
XXXX Xxx Xxxxxxx, Xxxxx 00000 CITY Xxx Xxxxxxx, Xxxxx 00000
In consideration of the mutual covenants and agreements herein stated,
Lessor hereby leases to Lessee and Lessee hereby leases from Lessor solely for
the above purposes the premises designated above (the "Premises"), together
with the appurtenances thereto, for the above Term.
RENT 1. Lessee shall pay Lessor or Lessor's agent as rent
for the Premises the sum stated above, monthly in
advance, until termination of this lease, at Lessor's
address stated above or such other address as Lessor
may designate in writing.
HEAT; NON- 2. Lessor will at all reasonable hours during each
LIABILITY day and evening, during the term, when required by the
OF LESSOR season, furnish at his own expense heat and/or air
conditioning for the heating and air conditioning
apparatus in the demised premises, except when
prevented by accidents and unavoidable delays,
provided, however, that except as provided by Texas
statute, the Lessor shall not be held liable in damages
on account of any personal injury or loss occasioned by
the failure of the heating or air conditioning
apparatus to heat or air condition the Premises
sufficiently, by any leakage or breakage of the pipes,
by any defect in the electric wiring elevator apparatus
and service thereof, or by reason of any other defect,
latent or patent, in, around or about the said
building.
HALLS 3. Lessor will cause the halls, corridors and other
parts of the building adjacent to the Premises to be
lighted, cleaned and generally cared for, accidents
and unavoidable delays excepted.
RULES AND 4. The rules and regulations at the end of this Lease
REGULATIONS constitute a part of this Lease. Lessee shall observe
and comply with them, and also with such further
reasonable rules and regulations as may later be
required by Lessor for the necessary, proper and
orderly care of the Building in which Premises are
located.
ASSIGNMENT, 5. Lessee shall neither sublet the Premises or any
SUBLETTING part thereof nor assign this Lease nor permit by any
act or default any transfer of Lessee's interest by
operation of law, nor offer the Premises or any part
thereof for lease or sublease, nor permit the use
thereof for any purpose other than as above mentioned,
without in each case the written consent of Lessor,
which consent will not be unreasonably withheld.
SURRENDER OF 6. Lessee shall quit and surrender the Premises at
PREMISES the end of the term in as good condition as the
reasonable use thereof will permit, with all keys
thereto, and shall not make any alterations in the
Premises without the written consent of Lessor; and
all alterations which may be made by either party
hereto upon the Premises, except movable furniture and
fixtures put in at the expense of Lessee, shall be the
property of Lessor, and shall remain upon and be
surrendered with the Premises as a part thereof at the
termination of this lease.
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NO WASTE OR MISUSE 7. Lessee shall restore the Premises to Lessor, with
glass of like kind and quality in the several doors
and windows thereof, entire and unbroken, as is now
therein, and will not allow any waste of the water or
misuse or neglect the water or light fixtures on the
Premises, and will pay all damages to the Premises as
well as all other damage to other tenants of the
Building, caused by such waste or misuse.
TERMINATION, 8. At the termination of this lease, by lapse of time
ABANDONMENT, RE- or otherwise, Lessee agrees to yield up immediate and
ENTRY, RELETTING peaceable possession to Lessor, and it shall be lawful
for the Lessor or his legal representative at any time
thereafter, without notice, to re-enter the Premises of
any part thereof, either with or (to the extent
permitted by law) without process of law, and to expel,
remove and put out the Lessee or any person or persons
occupying the same, using such force as may be
necessary so to do, and to repossess and enjoy the
Premises again as before this lease, without prejudice
to any remedies which might otherwise be used for
arrears of rent or preceding breach of covenants; or in
case the Premises shall be abandoned, deserted, or
vacated, and remain unoccupied five days consecutively,
the Lessee hereby authorizes and requests the Lessor as
Lessee's agent to re-enter the Premises and remove all
articles found therein, place them in some regular
warehouse or other suitable storage place, at the cost
and expense of Lessee, and proceed to re-rent the
Premises at the Lessor's option and discretion and
apply all money so received after paying the expenses
of such removal toward the rent accruing under this
lease. This request shall not in any way be construed
as requiring any compliance therewith on the part of
the Lessor, except as required by Texas statute. If
the Lessee shall fail to pay the rent at the times,
place and in the manner above provided, and the same
shall remain unpaid five days after the day whereon the
same should be paid, the Lessor by reason thereof shall
be authorized to declare the term ended, and the Lessee
hereby expressly waives all right or rights to any
notice or demand under any statute of the state
relative to forcible entry or detainer or landlord and
tenant, and agrees that the Lessor, his agents or
assigns may begin suit for possession or rent without
notice or demand.
GOVERNING LAW 9. This lease shall be governed by the internal laws
of the state of Texas, without giving effect to any
choice of law provisions that would require the
application of any laws other than those of the
state of Texas.
LESSOR NOT LIABLE 10. Except as provided by Texas statute, the Lessor
shall not be liable for any loss of property or
defects in the Building or in the Premises, or any
accidental damages to the person or property of the
Lessee in or about the Building or the Premises, from
water, rain or snow which may leak into, issue or flow
from any part of the Building or the Premises, or from
the pipes or plumbing works of the same. The Lessee
hereby covenants and agrees to make no claim for any
such loss or damage at any time.
OPTION TO TERMINATE 11. In the event that the Lessor, his successors,
attorneys or assigns shall desire to regain the
possession of the Premises herein described, for any
reason, Lessor shall have the option of so doing upon
giving the Lessee ninety days' notice of Lessor's
election to exercise such option.
CONFESSION OF 12. If default be made in the payment of rent, or any
JUDGMENT installment thereof, as herein provided, Lessee hereby
irrevocably constitutes any attorney of any Court of
Record in this State, attorney for Lessee and in
Lessee's name, from time to time, to enter the
appearance of Lessee, to waive the issuance of process
and service thereof, to waive trial by jury, and to
confess judgment in favor of Lessor against Lessee for
the amount of rent which may be then due hereunder,
together with costs of suit and a reasonable sum for
plaintiff's attorney's fees in or about the entry of
such judgment, and to waive and release all errors and
right of appeal from any such judgment, and to consent
to an immediate execution thereon.
PLURALS; SUCCESSORS 13. The words "Lessor" and "Lessee" wherever used in
this lease shall be construed to mean Lessors or
Lessees in all cases where there is more than one
Lessor or Lessee, and to apply to individuals, male or
female, ,or to firms or corporations, as the same may
be described as Lessor or Lessee herein, and the
necessary grammatical changes shall be assumed in each
case as though fully expressed. All covenants,
promises, representations and agreements herein
contained shall be binding upon, apply and inure to
the benefit of Lessor and Lessee and their respective
heirs, legal representatives, successors and assigns.
/s/ XXXXX XXXXXXXX (Seal) /s/ XXXXXXX XXXX (Seal)
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CTRC Research Foundation (Seal) Blouensa, Inc. (Seal)
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Lessor Lessee
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RULES AND REGULATIONS
1. No sign, advertisement or notice shall be inscribed, painted or
affixed on any part of the outside or inside of Building, except on
the glass of the doors and windows of the room leased and on the
directory board, and then only of such color, size, style and material
as shall be first specified by the Lessor in writing, endorsed on this
lease. The Lessor reserves the right to remove all other signs and
showcases without notice to the Lessee, at the expense of the Lessee.
At the expiration of the term Lessee is to remove all his signs from
such windows, doors and directory board.
2. Lessee shall not put up or operate any steam engine, boiler, machinery
or stove upon the Premises, or carry on any mechanical business on
Premises, or use or store inflammable fluids in the Premises without
the written consent of the Lessor first had and endorsed on this
lease, and all stoves which may be allowed in the Premises shall be
placed and set up according to the city ordinance.
3. No additional locks shall be placed upon any doors of said room
without the written consent of the Lessor first had and endorsed upon
this lease; and the Lessee will no permit any duplicate keys to be
made (all necessary keys to be furnished by the Lessor) and upon the
termination of this Lease. Lessee will surrender all keys of Premises
and Building.
4. All safes shall be carried up or into Premises at such times and in
such a manner as shall be specified by the Lessor; the Lessor shall in
all cases retain the power to prescribe the proper position of such
safes, and any damage done to the Building by taking in or putting
out a safe, or from overloading the floor with any safe, shall be paid
by the Lessee. Furniture, boxes or other bulky articles belonging to
lessee shall be carried up in the freight compartment of the elevators
of the Building; packages which can be carried by one person and not
exceeding fifty pounds in weight, may, however, be carried down by the
passenger elevator, at such times as may be allowed by the management.
5. No person or persons other than the janitor of this Building shall be
employed by Lessee for the purpose of taking charge of Premises
without the written consent of Lessor first had and endorsed upon this
lease. Any person or persons so employed by Lessee (with the written
consent of the Lessor) must be subject to and under the control and
direction of the janitor of the Building in all things in the Building
and outside of the Premises. The agent and janitor of the Building in
all things in the Building and outside of the Premises. The agent and
janitor of the Building shall at all times keep a pass key and be
allowed admittance to the Premises, to cover any emergency of fire, or
required examination that may arise.
6. The Premises leased shall not be used for the purpose of lodging or
sleeping rooms or for any immoral or illegal purpose.
7. The rent of an office will include occupancy of office, water to
Lessor's standard fixtures, heat, and elevator service during
reasonable working hours; but Lessor shall not be liable for any
damages from the stoppage of water, heat or elevator service.
8. If Lessee desires telegraphic or telephonic connections, the Lessor
will direct the electricians as to where and how the wires are to be
introduced, and without such written directions endorsed on this lease
no boring or cutting for wires will be permitted.
9. If Lessee desires Venetian or other awnings or shades over and outside
of the windows, to be erected at the Lessee's expense, they must be of
such shape, color, material and make as may be prescribed by the
Lessor in writing on this lease.
10. Birds, dogs, or other animals shall not be allowed in the Building.
All tenants and occupants must observe strict care not to leave their
windows open when it rains or snows, and for any default or
carelessness in these respects, or any of them, shall make good all
injuries sustained by other tenants, and also all damage to the
Building resulting from such default or carelessness.
11. No packages, merchandise or other effects shall be allowed to remain
in the halls at any time.
12. The Lessor reserves the right to make such other and further
reasonable rules and regulations as in his judgment may from time to
time, be needed for the safety, care and cleanliness of the Premises
and for the preservation of good order therein.
13. It is understood and agreed between the Lessee and the Lessor that no
assent or consent to change in or waiver of any part of the lease has
been or can be made unless done in writing and endorsed hereon by the
Lessor; and in such case it shall operate only for the time and
purpose in such lease expressly stated.
14. Lessee shall have the right to use any photocopiers, facsimile
machines, printers, and any electronic mail located on the Premises.
15. Lessee shall have the right to use any kitchen or conference rooms
located on the Premises, provided that such facilities are not then
being used by Lessor or its agents.
