EXHIBIT 10.3.3
ASSIGNMENT AND ASSUMPTION AGREEMENT
(33 Union Avenue, Sudbury, MA 01776)
ASSIGNMENT AND ASSUMPTION AGREEMENT, effective as of September 27, 1999, by
and between New England Business Service, a Delaware corporation ("Assignor"),
and Chiswick, Inc., a Massachusetts corporation and a wholly-owned subsidiary of
Assignor ("Assignee").
WITNESSETH:
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WHEREAS, Assignor, as Tenant, and Xxxxxxxx Xxxxxxxxxxx, Trustee of The E.B.
Realty Trust under a Declaration of Trust dated January 28, 1988, as Landlord,
have entered into a Lease dated as of March 31, 1997 and recorded with the
Middlesex County (Southern District) Registry of Deeds in Book 27361, Page 346
on June 5, 1997 (the "Lease") of premises known and numbered as 00 Xxxxx Xxxxxx,
Xxxxxxx, Xxxxxxxxxxxxx 00000; and
WHEREAS, Assignor desires to assign all of its right, title and interest in
the Lease to Assignee, and Assignee desires to assume all of the rights and
obligations of Assignor thereunder;
NOW, THEREFORE, in consideration of the foregoing and the other agreements
and covenants contained herein, and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. Assignment. Assignor hereby assigns to Assignee all of its right,
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title and interest in, to and under the Lease, to have and to hold the same, for
the remainder of the term of said Lease, subject to the covenants, terms,
provisions and conditions of the Lease.
2. Assumption. Assignee hereby accepts the foregoing assignment and
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assumes and agrees to perform all of the obligations of Assignor under the
Lease.
3. Successors and Assigns. The covenants, conditions and agreements
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contained herein shall bind and inure to the benefit of Assignor and Assignee,
their successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their respective hands as
of the date first above written.
ASSIGNOR: ASSIGNEE:
NEW ENGLAND BUSINESS CHISWICK, INC.
SERVICE, INC.
By:__________________________ By:__________________________
Name: Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx
Title: Treasurer Title: Treasurer
The undersigned, as Landlord under the Lease referred to in the foregoing
instrument, joins in this Assignment and Assumption Agreement solely for the
purpose of consenting to the assignment of the Lease from Assignor to Assignee.
This Assignment and Assumption Agreement shall neither release Assignor from its
liability for the performance of tenant's obligations under the Lease nor
constitute the undersigned's consent to any further assignment or sublet of the
Lease.
LANDLORD:
THE E.B. REALTY TRUST
By:__________________________
Xxxxxxxx Xxxxxxxxxxx, not
individually but as Trustee of
The E.B. Realty Trust
