EXHIBIT 10.6
SUBLEASE
This sublease is executed on March 1, 2002, by and between Xxxxxxxxx
Xxxxxx PC, a California professional corporation (the "Sublessor"), whose
address is 00000 Xxxx Xxxxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, and
Jupiter Telecom, Inc. a California corporation, Jupiter Telecom, Inc., a
California corporation (the "Sublessee"), whose address is 00000 Xxxx Xxxxx
Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000.
Recitals
Plaza Holdings, Inc., a California corporation, as Lessor, and Xxxxxxxxx
Xxxxxx PC, as Lessee, executed a lease on February 5, 2002 (the "Master Lease"),
which is attached to this sublease as Exhibit A and incorporated into this
Sublease by this reference;
By the terms of the Master Lease, the real property described in Paragraph
1 of this Sublease and in Paragraph 1.1 of the Master Lease was leased to
Xxxxxxxxx Xxxxxx PC for a term of five (5) years, commencing on February 5,
2002, and ending on February 4, 2007, subject to earlier termination as provided
in the Master Lease;
Sublessor desires to sublease to Sublessee a portion of the property
currently occupied by Sublessor under the terms of the Master Lease, and
Sublessee desires to lease that property from Sublessor; and
THEREFORE, Sublessor and Sublessee agree as follows:
Leasing and Description of Property
1. Subject to the terms, conditions, and covenants set forth in this
sublease, Sublessor hereby leases to Sublessee, and Sublessee hereby leases from
Sublessor, the property located in San Diego County, California, described as
follows: one office and one secretarial space located in the premises as agreed
to by the parties (the "subleased premises").
Term
2. This sublease shall commence on March 1, 2002, and shall continue on a
month-to-month basis until terminated with at least thirty (30) days written
notice.
Rent
3. Sublessee shall pay to Sublessor as rent for the subleased premises a
rental of $1,600 per month payable in advance on the first day of each calendar
month during the term, commencing on March 1, 2002. Rent shall be paid to
Sublessor at 00000 Xxxx Xxxxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, or
at any other place designated in writing by Sublessor. The installment rent
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payable for any portion of a calendar month shall be a pro rata portion of the
installment payable for a full calendar month.
Use of Premises
4. Sublessee shall use the subleased premises for business office purposes
and for no other purpose.
Quiet Enjoyment
5. Sublessor covenants that Sublessee shall be entitled to quiet enjoyment
of the premises provided that Sublessee complies with the terms of this
sublease.
Condition of Premises
6. Sublessee agrees that Sublessee's act of taking possession will be an
acknowledgment that the subleased premises are in a tenantable and good
condition. Sublessee will, at Sublesse e's own expense, maintain the subleased
premises in a thorough state of repair and in good and safe condition.
Applicability of Master Lease
7. This Sublease is subject and subordinate to the terms and conditions of
the Master Lease.
Assumption
8. Sublessee expressly assumes and agrees to perform and comply with all
the obligations required to be kept or performed by the Lessee under the
provisions of the Master Lease identified in Paragraph 7 of this sublease, to
the extent that they are applicable to the subleased premises, except these
provision s of the Master Lease: (1) the obligation and covenant to pay rent to
the Lessor shall be considered performed by Sublessee to the extent and in the
amount rent is paid to Sublessor in accordance with Paragraph 3 of this
sublease, and (2) Sublessee shall not be responsible for the payment of rentals
or taxes provided for in the Master Lease.
Sublessee's Rights Regarding Continuing Possession
9. Sublessee shall have the right at any time, at Sublessor's expense, to
take any action required to be taken, but not timely taken, by Sublessor, that
may be necessary to prevent a default under the terms of the Master Lease. If
Sublessor is provided with the right, under the terms of the Master Lease, to
terminate the Master Lease before the expiration of its term, Sublessee rather
than Sublessor shall have the right to make that decision. Nothing contained in
this sublease shall be construed so as to deprive Sublessee of Sublessee's right
to surrender or otherwise terminate this Sublease as provided by law.
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Termination of Master Lease
10. If the Master Lease is terminated, this Sublease shall terminate
simultaneously and the Sublessor and Sublessee shall thereafter be released from
all obligations under this Sublease, and Sublessor shall refund to Sublessee any
unearned rent paid in advance.
Attorney's Fees
12. If any action or other proceeding arising out of this Sublease is
commenced by either party to this Sublease concerning the subleased premises,
then as between Sublessor and Sublessee, the prevailing party shall be entitled
to receive from the other party, in addition to any other relief that may be
granted, the reasonable attorney's fees, costs, and expenses incurred in the
action or other proceeding by the prevailing party.
Executed at San Diego, California, on the date specified in the first
paragraph of this Sublease.
SUBLESSOR
Xxxxxxxxx Xxxxxx PC
By: /s/ Xxxxxxx X. Xxxxxxxxx
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Xxxxxxx X. Xxxxxxxxx, President
SUBLESSEE
Jupiter Telecom, Inc.
By: /s/ Xxxxxx Xxxx Xxxxxxxx III
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Xxxxxx Xxxx Xxxxxxxx III
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