EXHIBIT 10.21
STATE OF GEORGIA SUBLEASE
COUNTY OF XXXX
THIS SUBLEASE is made and entered into this 1st day of September, 1999 by
and between The Bankers Bank, hereinafter referred to as Sublessor and Netzee,
Inc., hereinafter referred to as Sublessee;
WITNESSETH:
THAT WHEREAS, Sublessor is presently leasing certain premises from Builders
Insurance, a Mutual Captive Company (Overlessor) under a lease dated October 31,
1996, as amended (the Xxxxxxxxx), such premises being known as Suite 150 (the
Premises), containing approximately 4,450 usable square feet of floor area in
the building located at 0000 Xxxxx Xxxxx Xxxx, Xxxxxxx, Xxxxxxx (the Building);
and
WHEREAS, Sublessor has agreed to sublease to Sublessee and Sublessee has
agreed to sublease from Sublessor 4,450 usable square feet of floor area (the
Sublet Premises) in accordance with the terms and conditions hereinafter set
forth;
NOW THEREFORE, in consideration of the foregoing premises and other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. Sublease. Sublessor leases to Sublessee and Sublessee subleases from
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Sublessor the Sublet Premises for a term that begins on September 1, 1999 (the
Commencement Date) and extends through February 15, 2000 (the Termination Date).
2. Rental. Sublessee shall pay rental to Sublessor for the Sublet Premises
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beginning September 1, 1999 in the amount of Eight Thousand One Hundred Dollars
($8,100.00) per month. The rental shall be due and payable on the first (1st)
day of each month beginning September 1, 1999.
3. Indemnity. Sublessee does hereby indemnify and hold harmless Sublessor
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and Overlessor from and against any and all claims for bodily injury, including
death, and property damage or any other cost or expense occurring in or about
the Sublet Premises or resulting from the occupancy of the Sublet Premises by
Sublessee.
4. Terms of Lease. This Sublease, except as specifically provided herein,
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shall be subject to the terms and conditions of the Xxxxxxxxx as if said
Sublessor were the Landlord therein and Sublessee were the Tenant therein. A
copy of the Xxxxxxxxx is attached hereto as Exhibit B and incorporated herein by
reference. Sublessee shall have no renewal option, expansion option, buyout and
termination option or rights of first or second refusal. Sublessee shall be
responsible for and shall pay to Sublessor the rental provided herein.
SUBLEASE
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Sublessee shall also pay its proportionate share of all other charges provided
for in the Xxxxxxxxx, including without limitation additional rent based on
increases in the Operating Cost of the Building, based on the proportion that
the usable square footage of the Sublet Premises bears to the usable square
footage of the Premises.
5. Sublessor Warranty. Sublessor warrants that the Xxxxxxxxx is in full
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force and effect and that to the best knowledge of Sublessor there exists no
defaults on the part of the Overlessor or Sublessor. Sublessor warrants that
during the term of this Sublease that Sublessor will comply with the Xxxxxxxxx
and make all payments to Overlessor required thereunder and will commit no
default thereunder, and Sublessor shall indemnify Sublessee and hold Sublessee
harmless from any liability, loss, cost or expense incurred by Sublessee
resulting from Sublessors breach of the foregoing warranty.
6. Sublessee Warranty. Sublessee warrants to Sublessor that it will make
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all payments required under the Sublease and abide by and perform all
obligations thereunder and commit not default under the Sublease or the
Xxxxxxxxx and that Sublessee shall indemnify Sublessor and hold it harmless from
any liability, loss, cost or expense resulting from Sublessees breach of this
warranty.
SUBLESSEE ATTEST
NETZEE, INC.
BY: illegible /s/ Xxxxx Xxxx
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TITLE: President & Chief
Operating Officer
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SUBLESSOR ATTEST
THE BANKERS BANK
BY: illegible /s/ Xxxxxxx Xxxxx
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TITLE: Senior Vice President/
Chief Financial Officer
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