ASSIGNMENT OF BUILDING INTERNET ACCESS AGREEMENT-3
Exhibit 10.7
ASSIGNMENT OF BUILDING INTERNET ACCESS AGREEMENT
Account #C-8703-02 (Building Internet Access Agreement)
This Assignment of Building Internet Access Agreement ("Assignment")
is entered into as of this 9th day of November, 1999 by and among AMERICAN
PROPERTY MANAGEMENT CORP. as Agent for and on behalf of WESTON HOLDING CO.,
L.L.C., (hereinafter referred to as "Owner"), INTERNET ARENA, INC., an Oregon
corporation, (hereinafter referred to as "Provider"), and CYPOST CORPORATION, a
Delaware corporation, (hereinafter referred to as "Assignee")
WITNESSETH:
WHEREAS, Owner and Provider previously entered into an Agreement dated
October 24, 1997 in the ▇▇▇▇▇▇▇ Center Office Building (hereinafter referred to
as the "Building"). A true copy of said Agreement is attached hereto as Exhibit
"A" and incorporated herein for all purposes (hereinafter referred to as the
"Agreement"); and
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, $1 and other good and valuable consideration, the receipt and
sufficiency of which is acknowledged, the parties agree:
1. Provider does hereby demise, lease, assign, and let unto Assignee
all right, title and interest of Provider in said Agreement, and Assignee agrees
to accept the assignment of the Agreement AS-IS. Assignee further covenants,
represents and warrants to abide faithfully by each and every covenant,
condition, and term of the Agreement as though the Agreement were originally
written between Owner and Assignee.
2. As a material inducement to Owner's accepting and ratifying this
Assignment, Provider hereby covenants and agrees to continue to be the obligor
under the Lease and to be bound by all terms and conditions of the Agreement;
provided, however, that Owner agrees to accept performance from Assignee in lieu
of performance by Provider to the extent that Assignee so performs. Provider
specifically waives presentment, demand, notice and protest and agrees that
Owner may look to Provider and/or Assignee, jointly and severally, as to any
violation or breach of the Agreement.
3. Provider agrees to indemnify and hold harmless Assignee from any
claim, expense, damage or liability of every nature which may arise out of the
Lease prior to the execution of this Assignment. Assignee agrees to indemnify
and hold harmless Provider from any claim, expense, damage or liability of every
nature which may arise out of the Lease subsequent to the execution of this
Assignment.
4. Provider has previously deposited the sum of zero ($0.00) with
Owner as a security deposit to assure compliance with all terms and conditions
of the Agreement. Upon
ASSIGNMENT OF BUILDING INTERNET ACCESS AGREEMENT - 1
execution hereof, Owner shall transfer said security deposit to the account of
the Assignee. Said security deposit shall be subject to the terms and conditions
of the Agreement and this Assignment.
5. The parties do hereby ratify and reaffirm the Agreement and this
Assignment.
6. The Agreement may not be further assigned without the prior written
consent of Owner and Provider, which consents shall not be unreasonably
withheld.
7. This Assignment may be executed in counterparts and shall be biding
upon and inure to the benefit of the successors, assigns and representatives of
the parties.
To certify, witness our hands the date first above written.
OWNER: PROVIDER:
AMERICAN PROPERTY MANAGEMENT, INTERNET ARENA, INC., an
CORP., as Agent for and on behalf of Oregon Corporation
WESTON HOLDING CO., L.L.C.
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇▇▇▇, President
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▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, President
Vice President of Commercial Property
Date: November 11, 1999 Date: November 9, 1999
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Address for Notices: Address for Notices:
▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
▇▇▇▇ ▇.▇. ▇▇▇▇▇▇▇▇, #▇▇▇
▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇
ASSIGNEE:
CYPOST CORPORATION,
a Delaware corporation
By /s/ ▇▇▇▇▇▇ Sendoh
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Name: /s/ ▇▇▇▇▇▇ Sendoh
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Title: /s/ Chairman
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Date: /s/ Nov /9/99
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Address for Notices:
▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇
▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇
ASSIGNMENT OF BUILDING INTERNET ACCESS AGREEMENT - 2
BUILDING INTERNET ACCESS AGREEMENT
THIS AGREEMENT is made as of October 24, 1997, by and between INTERNET
ARENA, INC. and Oregon corporation ("Provider"), and AMERICAN PROPERTY
MANAGEMENT as an agent for and on behalf of WESTON HOLDING CO., L.L.C.
("Owner").
RECITALS
WHEREAS, the Provider assumes the business of providing high speed
internet access;
WHEREAS, the Owner owns a certain building commonly known as the
▇▇▇▇▇▇▇ Center located at ▇▇▇▇ ▇.▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ on the real
property with the legal description contained in Exhibit A hereto (the
"Building");
WHEREAS, the Provider wishes to provide high speed internet access to
the Building and the Owner wishes to allow such high speed internet access for
the tenants ("Tenants") of the Building;
THEREFORE, in consideration of the following covenants and payments as
provided, the Parties agree as follows:
AGREEMENT
1.1. SCOPE OF SERVICES
1.1 Network Line. The Provider will provide a network line
(basically a twisted pair telephone line) from Provider's
network operations center located on the in the mezzanine of
the first floor INTERNET ARENA, INC. Premises of the
Building to each floor of the Building. There would be a
unique line from the Provider's network center to each
floor. One piece of equipment, commonly known as a network
hub, would be installed on each floor, subject to Owners
approval of location, at Providers sole cost and expense, at
or near the telephone access facility for the particular
floor. The internet access would then be available to
Tenants on each floor. As Tenants sign up for individual
internet access, the network line would then be installed
from the hub to the Tenant's computer terminal. Provider
shall obtain a building permit and the building permit for
the installation of the network shall be the responsibility
of the Provider. The Provider shall be responsible for any
damage to the Building regarding installation of telephone
lines and any related equipment (i.e. broken or cracked
ceiling tiles, damaged wall, etc.). Owner will not go after
installer, but will look to Provider for the cost of any
repair for damage described above. The Owner shall not be
responsible for providing any additional heating or cooling.
-1- Exhibit A
1.2 Tenant Fees. Tenants would pay, pursuant to their individual
Agreements with the Provider, a monthly fee estimated to be
$200.00. The Tenant Agreements would have various provisions
and run for various lengths of time. They would most likely
cover periods of one to two years, but in some cases could
be for a longer or shorter period of times. The Tenants
would pay their access fees directly to the Provider (Tenant
Fees").
2. OWNER'S DUTIES
2.1 Electricity. The Owner will provide each telephone closet
per floor for the operation of the hub on each floor. Any
needed electricity will be the sole responsibility of the
Provider. If the power requirement at the Owners discretion
is minimal (which shall be defined as all network hubs
drawing up to ten (10) ▇▇▇▇▇ of power in per hour) and the
proposed telephone closet for the network hub has electrical
power, the Owner may allow the Provider to use said
electrical power. Any additional power requirements in the
phone closet must be approved by the Owner. Otherwise,
Provider will be responsible at Provider's sole cost and
under a building permit, to provide said additional
electrical power.
The Owner will provide Provider with a key to each network
hub location closet. Owner reserves the right to rescind
this access in the event any problems develop at the Owner's
sole discretion that adversely impact any other equipment in
network hub location closets. In this event, Owner shall not
be obligated to provide Provider alternate locations for
network hub.
The Owner is not responsible for any damage to the
Provider's equipment or services the Provider provides if
there is any interruption of electricity or service.
2.2 Network Line. The Owner agrees to permit the Provider
through certified electricians and/or certified networking
subcontractors to install a network line, hub and other
devices necessary to operate the internet access services to
the Tenants. At the final termination of this Agreement, the
cable network line contained in the walls, elevator shafts,
or similar portions of the Building shall become the
property of the Owner unless Owner requires Provider to
remove all cable network lines in the Building. However,
during the term of the Agreement, the network line shall
remain the property of the Provider. If for any reason the
Agreement is terminated before the end of the term specified
in Paragraph 6 below, Provider shall be considered the owner
of the network line and Provider shall be responsible for
any Building damage due to said removal.
2.3 Access. The Owner agrees to give the Provider reasonable
access to the network line, hub, routers, and servers, and
all equipment connected to the installed network (except
Owner's right to rescind access as described in Paragraph
2.1)
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as needed for repair and maintenance and to provide the
services rendered to the Tenants pursuant to this Agreement.
3. EQUIPMENT
3.1 Hub. The hub connected to the internet line shall at all
times be the property of the Provider. ---
3.2 Routers, and Servers. The routers, servers, and all devices
used to connect the Tenant's individual service to the
internet network provided by the Provider shall at all times
be and remain the property of the Provider and shall not be
installed in the network hub closets.
4. FEE STRUCTURE/PAYMENT TERMS/PERCENTAGE RENT
4.1 Percentage Rent. Percentage Rent. The Provider shall pay
five percent (5%) of the Gross Tenant Fees ("Gross Tenant
Fees") it receives or $200.00 per month ("Minimum Base
Rent"), whichever is greater, to AMERICAN PROPERTY
MANAGEMENT ("Property Manager") located at ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇,
▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ until the Owner notifies the Provider
that such payment should be paid to a different Property
Manager or the Owner, or at a different address.
4.2 Gross Tenant Fees. For the purpose of this Agreement, the
Tenant Fees shall include Provider's Gross Income from any
applicable sales, use, service, or value added, excluding
taxes.
4.3 Base Payment. The Provider agrees to pay a monthly fee of
$200.00 per month or five percent (5%) of the Gross Tenant
Fees, whichever is greater, to the same entity or persons
named in Paragraph 4.1 above on or before the first day of
each month during the term of this Agreement. Upon
Provider's execution of the Agreement, Provider shall pay
the Base Rent for the first calendar month of the Agreement
term for which rent is payable. Provider shall pay the Base
Rent for the Building and any additional rent provided
herein without deduction or offset. Rent for any partial
month during the lease term shall be prorated to reflect the
number of days during the month that Provider occupies the
Building based on a thirty (30) day month/360 day year. Rent
not paid when due shall bear interest at the rate of
one-and-one-half percent (1 1/2%) per month until paid in
fill. Owner may at its option impose a late charge of .10
for each $1 of rent or $50.00, whichever is greater, for
rent payments made more than 10 days after its due date in
lieu of interest for the first month of delinquency, without
waiving any other remedies available for default.
4.4 Base Rent Increase. The minimum base monthly rent described
in Paragraph 4.1 and 4.3 above shall increase by five
percent (5%) per year.
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5. TAXES
5.1 Personal Property Taxes. The Provider shall be responsible
for all personal property taxes on the property that it owns
which is located in the Building.
5.2 Real Property Taxes. Any real property taxes assess on the
network line or equipment located in the Building pursuant
to this Agreement shall be the responsibility of the
Provider.
6. TERM
6.1 Base Term. The Agreement shall begin on October 1, 1997 and
continue for five (5) years until September 30, 2002 unless
terminated earlier pursuant to the provisions in Paragraph 9
below or extended pursuant to the options in Paragraph 6.2
below.
6.2 Options to Renew. This Agreement shall automatically renew
for successive two (2) year term unless a written notice of
termination is given by the party wishing to terminate to
the other party not less than ninety (90) days prior to the
original termination date of this Agreement or not less than
ninety (90) days prior to the end of the renewal period
during any of the extensions made pursuant to this
Agreement. Unless such termination notice is given, or the
Parties mutually agree in writing otherwise, this Agreement
shall automatically renew for successive two (2) year terms.
7. NON-EXCLUSIVITY
7.1 Nothing in this Agreement shall prevent the Owner from
entering into an internet access Agreement with any other
person or entity. This Agreement is a non-exclusive
agreement to provide internet services to the Building.
Furthermore, each Tenant of the Building shall be free to
obtain internet access services from any provider which a
Tenant wishes.
8. HARDWARE AND SOFTWARE SALES
8.1 Any hardware sales made by the Provider to a Tenant of the
Building shall not be considered Gross Tenant Fees for the
purposes of this Agreement.
9. EARLY TERMINATION
9.1 This Agreement may be terminated before its normal
termination date as set forth in Paragraph 6 above under the
following circumstances:
(1) Termination by the Owner. The Owner may terminate
this Agreement:
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(a) Upon any material breach of this
Agreement by the Provider, provided that
the Owner first provide a notice of the
breach to the Provider, in writing, and
such breach is not cured by the Provider
within thirty (30) days of the
Provider's receipt of such notice.
(b) Any voluntary filing under Bankruptcy
Code or any involuntary filing that is
not dismissed within one hundred twenty
(120) days of the date of filing.
(2) Termination by the Provider. Provider may
terminate this Agreement:
(a) Upon any material breach by Owner or the
Owner's agents upon giving the Owner
written notice of such breach and the
breach is not cured within thirty (30)
days of the Owner's receipt of such
notice.
(b) The destruction of all or a substantial
portion of the Building.
(c) Condemnation of all or a substantial
portion of the Building.
10. SUCCESSORS
10.1 Assignment. The Provider may assign this Agreement, provided
that the assignee agrees to all the terms of this Agreement
and the Provider gives ten (10) days prior notice of the
assignment to the Owner. The Provider may not assign this
Agreement without the consent of the Owner, except that it
may assign this Agreement to person(s) which succeed the
Provider's interest in the Building, provided such person(s)
agree to the terms of this Agreement and ten (10) days prior
notice is provided to the Owner.
10.2 Successors. This Assignment shall be binding on and inure to
the benefit of all successors and permitted assignees.
11. LIMITATION OF WARRANTIES
11.1 NO WARRANTIES. THE OWNER EXPRESSLY AGREES THAT THE USE OF
THE SERVICES PROVIDED BY THE PROViDER SHALL BE AT THE
TENANT'S SOLE RISK. THE RISK ASSUMED INCLUDES THE RISK OF
RECEIVING A COMPUTER VIRUS. PROVIDER AND OWNER MAKE NO
WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE. NOR DOES PROVIDER OR OWNER MAKE ANY WARRANTY AS
TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES. ANY
SUBSCRIPTIONS GRANTED TO THE TENANTS WOULD BE PROVIDED ON
AND "AS-IS" BASIS WITHOUT WARRANTIES OF ANY KIND. EITHER
EXPRESSED OR IMPLIED, NEITHER THE OWNER OR PROVIDER NOR ANY
OF ITS EMPLOYEES
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OR AGENTS INVOLVED IN DELIVERING ACCESS TO ANY OF THE
TENANTS OR THE BUILDING SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTALS SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF THE SERVICES OR THE INABILITY TO
USE THE SERVICES OR OUT OF ANY BREACH OF ANY UNDERLYING
AGREEMENT BY THE TENANT. THE PROVISIONS OF THIS PARAGRAPH 11
SHALL SURVIVE ANY TERMINATION OF THE AGREEMENT. PROVIDER AND
OWNER WILL NOT BE A PARTY TO OR iN ANY WAY MONITOR ANY
TRANSACTION BETWEEN ANY USER INCLUDING A TENANT AND ANY
THIRD PARTY PROVIDER OF ANY PRODUCTS OR SERVICES OBTAINED
THROUGH THE INTERNET.
12. CONDEMNATION
12.1 Any condemnation award for the value of the network line
during the term of this Agreement shall belong to the
Provider.
13. NOTICE
13.1 All notices required to be delivered under this Agreement
shall be in writing and delivered personally or by
registered or certified mail, postage prepaid, return
receipt requested, as follows or to any other address
designated by the party entitled to received the same
written notice similarly given:
To the Provider: Internet Arena
▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇
Attn: ▇▇▇▇▇ ▇▇▇▇
with a copy to: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
Opton, Galton, & ▇▇▇▇▇▇▇▇▇
▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇
To the Owner: American Property Management
▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇
▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇
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14. MISCELLANEOUS PROVISIONS
14.1 Dispute Resolution.
(1) Any dispute or controversy arising under, out of,
or in relation to this Agreement, any amendment
thereto or breach thereof shall be determined
through arbitration in Portland, Oregon.
Arbitration shall be conducted through any
arbitration service that regularly renders
arbitration services in Portland, Oregon.
(2) In the event a dispute arises under the terms of
this Agreement and it becomes necessary for any
party hereto to obtain the services of an
attorney, then in the event that such attorney
institutes action to enforce the terms of this
Agreement, the prevailing party in such suit or
action, or on the appeal of such suit or appeal,
shall be entitled to an award of their reasonable
including interest on any such funds expended from
the time of the expense at the rate of nine
percent (9%) per annum until paid.
14.2 Choice of Law. This Agreement shall be construed and
enforced in accordance with laws of the State of Oregon.
Jurisdiction over any disputes shall be settled by
arbitration in Portland, Oregon. If for any reason
arbitration can not be conducted, jurisdiction shall lie
solely with the courts located in Multnomah County, State of
Oregon.
14.3 Complete Agreement. This Agreement represents the entire
understanding and agreement between the Parties hereto with
respect to the subject hereof. No changes or modifications
of this Agreement shall be valid unless made in writing and
signed by all the Parties hereto, or persons of entities
which later become or stand in the position of the Parties
hereto.
14.4 Interpretation. Whenever possible, each provision of this
Agreement shall be interpreted in such manner as to be
effective and valid under applicable law, but if any
provision of this Agreement shall be prohibited by or
invalid under applicable law, such provision or provisions
shall be ineffective to the extent of such prohibition or
invalidity without invalidation the remainder of such
provisions or the remaining provisions of this Agreement.
14.5 Modification. No change or modification of this Agreement
shall be operative unless the same shall be in writing and
signed by the Parties hereto or their personal
representative.
14.6 Waiver. Failure to insist upon strict compliance with any of
the terms, covenants, or conditions hereof shall not be
deemed a waiver of such
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term, covenant, or condition, nor shall any waiver or
relinquishment of any right or power hereunder at any one
time or more times be deemed a waiver or relinquishment of
any right or power at any other time or times.
14.7 Further Actions. Each Party hereto agrees to perform any and
all further acts and to execute and deliver any and all
additional documents which may be reasonably necessary to
carry out the terms and effect the purposes of this
Agreement.
14.8 Whereas Clauses. The Parties agree that the WHEREAS
provisions hereof are incorporated herein and made part
hereof.
14.9 Time is of the Essence. Time is of the essence is this
Agreement.
16. EXTRA USAGE
If Provider uses excessive amounts of Owner provided utilities and/or
services of any kind because of operation during normal Building hours
and/or outside of normal Building hours, high demands from office
machinery and equipment, nonstandard lighting or any other cause,
Owner may impose a reasonable charge for supplying such extra
utilities and/or services, which charge shall be payable monthly by
Provider in conjunction with rent payments. In case of dispute over
any extra charge under this paragraph, Owner shall designate a
qualified independent engineer whose decision shall be conclusive on
both parties. Owner and Provider shall each pay one-half of the cost
of such determination.
Provider shall be solely responsible for and promptly pay for the
removal of all debris, cardboard, all and any other refuse generated
in Provider's moving into premises including the replacement of office
furniture and equipment during tenancy and in vacating the Premises.
Upon request, Owner shall supply Provider the name of a recycling
company to remove recyclable items. Provider shall pay such additional
charge in full upon receipt of statement.
17. INDEMNITY
Provider shall not allow any liens to attach to the Building or
Provider's interest in the Building as a result of Provider
activities. Provider shall indemnify and defend Owner from any claim,
liability, damage, or loss occurring in the Building, arising out of
any activity by Provider, its agents, or invitees or resulting from
Provider's failure to comply with any term or condition of this
Agreement. Owner shall have no liability to Provider because of loss
or damage caused by the acts or omissions of other tenants of the
Building, or by third parties.
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18. INSURANCE
Provider shall carry liability insurance in the amount of no less than
$1,000,000.00 and which insurance shall have an endorsement naming
Owner and Owner's agent, if any, as an additional insured and covering
the liability insured under Paragraph 17 of this Agreement. Provider
shall furnish a certificate evidencing such insurance which shall
state that the coverage shall not be canceled or materially changed
without 10 days advance written notice to Owner and Owner's agent, if
any, and a renewal certificate shall be furnished at least 10 days
prior to expiration of any policy. Provider is responsible for their
own fire insurance, see.
19. DEFAULT
Any of the following shall constitute a default by Provider under this
Agreement:
(a) Provider's failure to pay rent or any other charge under
this Agreement within 10 days after it is due, or failure to
comply with any other term or condition within 10 days
following written notice from Owner specifying the
noncompliance. If such noncompliance cannot be cured within
this 10 day period, the provision shall be satisfied if
Provider commences correction within such period and
thereafter proceeds in good faith and with reasonable
diligence to effect compliance as soon as possible. Time is
of the essence in the performance of this Agreement.
(b) The making by Provider of any general assignment or general
arrangement for the benefit of creditors; or the filing by
or against Provider of a petition to have Provider adjudged
a bankrupt, or a petition or reorganization or arrangement
under any law relating to bankruptcy (unless, in the case of
a petition filed against Provider, the same is dismissed
within sixty (60) days); or the appointment of a trustee or
a receiver to take possession of substantially of all
Provider's assets located at the Building or of Provider's
interest in this Agreement, where possession is not restored
to Provider within thirty (30) days; or the attachment,
execution, or other judicial seizure of substantially all of
Provider's assets located at the Building or of Provider's
interest in this Agreement, where such seizure is not
discharged within thirty (30) days.
(c) Assignment or subletting by Provider in violation of
Paragraph 10.1.
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(d) Vacation or abandonment of the network line without the
written consent of Owner.
20. REMEDIES FOR DEFAULT
In case of default as described in Paragraph 19(a) and 19(b), Owner
shall have the right to the following remedies which are intended to
be cumulative and in addition to any other remedies provided under
applicable law:
(a) Owner may terminate the Agreement and retake possession of
the Provider's network centers on each floor.
(b) Owner may recover all damages caused by Provider's default
which shall include an amount equal to rentals lost because
of the default, lease commissions paid for this Agreement,
the unamortized cost of any tenant improvements installed by
Owner to meet Provider's special requirements and the cost
of any clean up, refurbishing, lock changes and removal of
the Provider's property and fixtures. Owner may ▇▇▇
periodically to recover damages as they occur throughout the
lease term, and no action for accrued damages shall bar a
later action for damages subsequently accruing. Owner may
elect in any one action to recover accrued damages plus
damages attributable to the remaining term of the Agreement.
Such damages shall be measured based upon the rent due under
this Agreement for the remainder of the term, discounted to
the time of judgment at the prevailing interest rates on
judgments.
(c) Owner may make any payment or perform any obligation which
Provider has failed to perform, in which case Owner shall be
entitled to recover from Provider upon demand all amounts so
expended, plus interest from the date of the expenditure at
the rate of one-and-one-half percent (1 1/2%) per month. Any
such payment or performance by Owner shall not waive
Provider's default.
21. ACCESS
During times other than normal Building hours Provider's officers and
employees or those having business with Provider may be required to
identify themselves or show passes in order to gain access to the
Building. Owner shall have no liability for permitting or refusing to
permit access by anyone. Owner shall have the right to enter upon the
Provider's network centers on each floor at any time by passkey or
otherwise to determine Provider's compliance with this Agreement, to
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perform necessary repairs to the Building, examine the condition of
the equipment, or for any other lawful purpose. Except in the case of
emergency, such entry shall be at such times and in such manner as to
minimize interference with the reasonable business use of the Premises
by Provider.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
date first written above.
Provider: Owner:
INTERNET ARENA, INC. AMERICAN PROPERTY MANAGEMENT
as an agent for and on behalf of WESTON
HOLDING CO., L.L.C.
/s/ ▇▇▇▇▇ ▇▇▇▇ /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ 11/7/97
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By: ▇▇▇▇▇ ▇▇▇▇ By: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Its: President Its: Vice President Commercial Property
STATE OF OREGON )
) ss.
County of Multnomah )
The foregoing instrument was acknowledge before me this 6th day of
Nov, 1997, by ▇▇▇▇▇ ▇▇▇▇ as President of Internet Arena, Inc., on behalf of the
corporation.
/s/ ▇. ▇▇▇▇
[Notary Seal] NOTARY PUBLIC FOR OREGON
My Commission Expires: ▇-▇▇-▇▇
▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ )
) ss.
County of Multnomah )
The foregoing instrument was acknowledge before me this 7th day of
November, 1997, by ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ as Vice President Commercial Property of
American Property Management on behalf of Weston Holding Co., L.L.C.
/s/ ▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇
---------------------------------------
[Notary Seal] NOTARY PUBLIC FOR OREGON
My Commission Expires: March 17, 2000
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