1
EXHIBIT 10.3
DATA DIMENSIONS, INC.
LEASE AGREEMENT FOR REGISTRANT'S FACILITIES
IN BELLEVUE, WASHINGTON
2
SUBLEASE
This Sublease is made and entered into this 18th day of October, 1996
between Xxxxxxxx, Xxxxxxx & Xxxxx LLP, a Washington limited liability
partnership ("Sublessor"), and Data Dimensions, Inc., a Delaware corporation
("Sublessee").
1. MASTER LEASE. Sublessor is the lessee under a written lease
dated September 14, 1984, as amended (the "Master Lease"), wherein The
Prudential Insurance Company of America, a New Jersey corporation, leased to
Williams, Lanza, Xxxxxxx & Xxxxx, a Washington general partnership, the real
property located in the City of Bellevue, County of King, State of Washington,
described as the entire 20th floor of the Skyline Tower consisting of a
Rentable Area of 16,989 square feet of space ("Master Premises"). The Trustees
under the Will and of the Estate of Xxxxx Xxxxxxxx, Deceased ("Landlord"), are
the successor-in-interest to The Prudential Insurance Company of America, a New
Jersey corporation, and Sublessor is the successor-in-interest to Williams,
Lanza, Xxxxxxx & Xxxxx, a Washington general partnership. The Master Lease is
attached hereto as Exhibit "A".
2. PREMISES. Sublessor hereby subleases to Sublessee on the terms and
conditions set forth in this Sublease the following portion of the Master
Premises ("Premises"):
The portion of the Master Premises outlined in black on the attached
Exhibit "B" consisting of a Rentable Area of 13,589 square feet of
space.
3. WARRANTY BY SUBLESSOR. Sublessor warrants and represents to
Sublessee that the Master Lease has not been amended or modified except as
expressly set forth herein, that Sublessor is not now, and as of the
commencement of the Term hereof will not be, in default or breach of any of the
provisions of the Master Lease, and that Sublessor has no knowledge of any
claim by Landlord that Sublessor is in default or breach of any of the
provisions of the Master Lease.
4. TERM. The Term of this Sublease shall commence on January 1,
1997 (the "Commencement Date") and end on November 30, 1999 (the "Termination
Date"), unless otherwise sooner terminated in accordance with the provisions of
this Sublease. Possession of the Premises ("Possession") shall be delivered to
Sublessee on the Commencement Date. If for any reason Sublessor does not
deliver Possession to Sublessee on the Commencement Date, Sublessor shall not
be subject to any liability for such failure, the Termination Date shall not be
extended by the delay, and the validity of this Sublease shall not be impaired,
but rent shall xxxxx until delivery of Possession. Notwithstanding the
foregoing, if Sublessor has not delivered Possession to Sublessee within thirty
(30) days after the Commencement Date, then at any time thereafter and before
delivery of Possession, Sublessee may give written notice to Sublessor of
Sublessee's intention to cancel this Sublease. Said notices shall set forth
an effective date for such cancellation which shall be at least ten (10) days
after delivery of said notice to Sublessor. If
1
3
Sublessor delivers Possession to Sublessee on or before such effective date,
this Sublease shall remain in full force and effect. If Sublessor fails to
deliver Possession to Sublessee on or before such effective date, this Sublease
shall be cancelled, in which case all consideration previously paid by
Sublessee to Sublessor on account of this Sublease shall be returned to
Sublessee, this Sublease shall thereafter be of no further force or effect, and
Sublessor shall have no further liability to Sublessee on account of such delay
or cancellation. If Sublessor permits Sublessee to take Possession prior to
the commencement of the Term for the purpose of occupying the Premises and if
Sublessee elects to take Possession prior to the commencement of the Term for
such purpose, such early Possession shall not advance the Commencement Date or
the Termination Date and shall be subject to the provisions of this Sublease,
including without limitation, the payment of rent, provided, however, that
Sublessee may have access to the Premises no later than December 1, 1996 for
the limited purposes of utilization of up to ten perimeter offices, space
planning, planning of Sublessee's move to the Premises, and installation of
Sublessee's fixtures, furnishings and equipment without payment of rent. The
Tenant Improvements shall be completed no later than December 15, 1996.
5. RENT.
(a) MINIMUM MONTHLY RENT. Sublessee shall pay to Sublessor as
minimum monthly rent, without deduction, setoff, notice, or demand, at Xxxxxxxx,
Xxxxxxx & Xxxxx LLP, 000 Xxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxxxx 00000,
Attn: Executive Director, or at such other place as Sublessor shall designate
from time to time by notice to Sublessee, the following sums during the
following periods during the Term:
PERIOD MINIMUM MONTHLY RENT
January 1, 1997 - June 30, 1997 Twelve Thousand Four and No/100
Dollars ($12,004.00) per month
July 1, 1997 - December 31, 1998 Twenty-one Thousand Five Hundred
Fifteen and 92/100 Dollars
($21,515,92) per month
January 1, 1999 - November 30, 1999 Twenty-four Thousand Nine
Hundred Thirteen and 17/100
Dollars ($24,913.17) per month
Such Minimum Monthly Rent shall be payable in advance on the first (1st) day of
each month of the Term. Sublessee shall pay to Sublessor upon execution of
this Sublease the sum of Twelve Thousand Four and No/100 Dollars ($12,004.00)
as rent for the month of January, 1997. If the Term begins or ends on a day
other than the first or last day of the month, the Minimum Monthly Rent for the
partial months shall be prorated on a per diem basis.
(b) OPERATING COSTS. The Master Lease is a "net lease" which
requires Sublessor to pay to Landlord Sublessor's proportionate share of all
Property Taxes (as defined in the Master
2
4
Lease) and Operating Expenses (as defined in the Master Lease) incurred by
Landlord in the operation of the Building during the term of the Lease. This
Sublease is a "gross lease" which requires Sublessee to pay to Sublessor
Sublessee's proportionate share of increases in Property Taxes (as defined in
the Master Lease) and Operating Expenses (as defined in the Master Lease)
during the Term. The Building Area is 390,160 square feet, the Premises Area is
13,589 square feet and Sublessee's proportionate share is, accordingly, three
and 38/100 percent (3.48%). Sublessee shall pay to Sublessor as additional rent
in equal monthly installments, in advance, three and 38/100 percent (3.48%) of
the increase, if any, in Property Taxes (as defined in the Master Lease) and
Operating Expenses (as defined in the Master Lease) incurred by Landlord in the
operation of the Building during each year of the Term over the Property Taxes
(as defined in the Master Lease) and Operating Expenses (as defined in the
Master Lease) incurred by Landlord in the operation of the Building during the
calendar year 1997 (the "Base Year"), as reasonably estimated by Sublessor. The
Master Lease provides for the payment by Sublessor or Property Taxes (as
defined in the Master Lease) and Operating Expenses (as defined in the Master
Lease) in equal monthly installments, in advance, on the basis of an estimate
thereof by Landlord and adjustments to such estimates within ninety (90) days
after the end of each calendar year. Sublessor's estimate shall be based on
Landlord's estimate. Sublessee shall have the same right to dispute Sublessor's
estimate and Sublessor's statement as Sublessor has to dispute Landlord's
estimate and Landlord's statement pursuant to Section 3.b. of the Master Lease.
Sublessor's estimate shall be adjusted as and when adjustments between
estimated and actual Property Taxes (as defined in the Master Lease) and
Operating Expenses (as defined in the Master Lease) incurred by Landlord in the
operation of the Building are made under the Master Lease. If any such
adjustment shall occur after the expiration or earlier termination of the Term,
then the obligations of Sublessor and Sublessee under this Section 5(b) shall
survive such expiration or termination. Sublessor shall furnish to Sublessee
copies of all statements submitted by Landlord to Sublessor of actual or
estimated Property Taxes (as defined in the Master Lease) and Operating
Expenses (as defined in the Master Lease) during the Term.
6. SECURITY DEPOSIT. Sublessee shall not be required to pay a
Security Deposit.
7. USE OF PREMISES. The Premises shall be used and occupied only for
general office purposes in accordance with the Master Lease, and for no other
use or purpose without the prior written consent of Landlord in accordance with
the Master Lease and the prior written consent of Sublessor, which consent
shall not be unreasonably withheld.
8. ASSIGNMENT AND SUBLETTING. Sublessee shall not assign this
Sublease or further sublet all or any part of the Premises without the prior
written consent of Landlord in accordance with the Master Lease and the prior
written consent of Sublessor, which consent shall not be unreasonably withheld.
9. OTHER PROVISIONS OF SUBLEASE. All applicable terms and conditions
of the Master Lease are incorporated into and made a part of this Sublease as
if Sublessor were the lessor thereunder, Sublessee the lessee thereunder, and
the Premises the Master Premises, except for the
3
5
following: Paragraph 43-3 captioned "Right of First Refusal/Option on
Additional Space", Paragraph 43-4 captioned "Option to Extend the Lease Term",
Paragraph 43-6 captioned "Death or Retirement of Tenant's Partners", and
Exhibit C Tenant Workletter, all as set forth in the Skyline Tower Lease
Agreement dated September 14, 1984 and the addendums and exhibits thereto, and
Paragraph 3 captioned "Space Pocket", Paragraph 6 captioned "Rental Abatement",
Paragraph 7 captioned "Tenant Improvements", Paragraph 8 captioned "Right of
First Refusal; Expansion Options", Paragraph 11 captioned "Rental Adjustment
for Xxxxxxxxx Space" and Paragraph 12 captioned "No Further Renewal Rights",
all as set forth in the Lease Extension and Modification Agreement dated
October 2, 1989. Notwithstanding anything to the contrary in the Master Lease,
Sublessor shall not have any obligation to make tenant improvements to the
Premises, except as expressly set forth in this Sublease, and Sublessee shall
not have any right to expand the Premises or extend the Term. Sublessee assumes
and agrees to perform the lessee's obligations under the Master Lease during
the Term to the extent that such obligations are applicable to the Premises,
except that the obligation to pay rent to Landlord under the Master Lease shall
be considered performed by Sublessee to the extent and in the amount rent is
paid to Sublessor in accordance with Section 5 of this Sublease. Sublessee
shall not commit or suffer any act or omission that will violate any of the
provisions of the Master Lease. Sublessor shall exercise due diligence in
attempting to cause Landlord to perform its obligations under the Master Lease
for the benefit of Sublessee. If the Master Lease terminates, this Sublease
shall terminate and the parties shall be relieved of any further liability or
obligation under this Sublease, provided however, that if the Master Lease
terminates as a result of a default or breach by Sublessor or Sublessee under
this Sublease and/or the Master Lease, then the defaulting party shall be
liable to the nondefaulting party for the damage suffered as a result of such
termination. Notwithstanding the foregoing, if the Master Lease gives Sublessor
any right to terminate the Master Lease in the event of the partial or total
damage, destruction, or condemnation of the Master Premises or the building or
project of which the Master Premises are a part, the exercise of such right by
Sublessor shall not constitute a default or breach hereunder.
10. TENANT IMPROVEMENTS. The Premises shall be subleased in "AS IS"
condition except for the following work (the "Tenant Improvements") which is
described with reference to Exhibit "C" attached hereto:
(a) Sublessor shall move the interior partition separating
offices 5 and 6 one mullion to the east to create a larger office 6 and a
smaller office 5. Sublessor shall replace and/or repair carpet as needed and
relocate doors and relites as part of this modification. Sublessor shall
properly patch and paint the remaining walls that are affected by this
relocation.
(b) Sublessor shall remove all bookshelves from the Library;
replace and/or repair carpet as needed and properly patch and paint the walls.
(c) Sublessor shall remove all file cabinets and shelves in
the Central File Room. Sublessor shall repair floor with standard floor
covering on affected area.
4
6
(d) Sublessor shall remove the bookshelves in the Tax
Library/Conference Room; replace and/or repair carpet as needed and properly
patch and paint the walls.
(e) Sublessor shall clean and replace and/or repair carpet as
necessary to bring the carpet into good and clean condition, ordinary wear and
tear excepted. This work shall be performed after vacation of the Premises by
Sublessor and prior to the Commencement Date.
(f) Sublessor shall repair and touch-up paint, after Sublessor
vacates the Premises, all walls and doors needing repair, ordinary wear and
tear excepted.
11. FURNITURE AND EQUIPMENT. Sublessor shall sell and transfer to
Sublessee as part of this transaction and at no additional cost, the telephone
system currently serving the Premises (exclusive of the voice mail system which
shall be retained by Sublessor) and the furniture set forth on Exhibit "D".
Such telephone system and furniture shall be sold in "AS IS" condition without
warranty, express or implied, except as to title.
12. PARKING. Sublessor has the right to use thirty-three (33) parking
stalls in the Building's parking garage. Sublessee shall have the right to use
twenty-six (26) of such thirty-three (33) parking stalls. Sublessee shall pay
the current market rate for such parking stalls as established by Landlord from
time to time.
13. SIGNAGE. Sublessor shall provide Sublessee with building standard
signage on the Building Directory and shall install Sublessee's sign with
dimensions of approximately 1.5 feet by 4 feet at the entrance to the Premises
at Sublessor's cost.
14. ATTORNEY'S FEES. If Sublessor or Sublessee shall commence an
action against the other arising out of or in connection with this Sublease,
the prevailing party shall be entitled to recover its costs of suit
and reasonable attorney's fees.
15. BROKERS. Sublessor and Sublessee each warrant that they have dealt
with no other real estate broker in connection with this transaction except
Sublessor's broker CB Commercial Real Estate Group, Inc., a Delaware
corporation, and Sublessee's broker Colliers XxxXxxxx Xxxxxxx International, a
Washington corporation. The commission of such brokers, if any, shall be paid
by Sublessor pursuant to a separate agreement. Each party agrees to indemnify
and hold the other party harmless from and against any and all liability,
costs, damages, causes of action or other proceedings instituted by any broker,
agent or finder, licensed or otherwise, claiming through, under or by reason of
the conduct of the indemnifying party in the purchase and sale of the Property
or in any manner whatsoever in connection with this transaction.
5
7
16. NOTICES. All notices or requests required or permitted under this
Sublease shall be in writing; shall be delivered personally or by a reputable
express delivery service or sent by certified mail, return receipt requested,
postage prepaid; shall be deemed given when so delivered or three (3) days after
so mailed, irrespective of whether such notice or request is actually received
by the addressee, and shall be sent to the parties at the following addresses:
If to Sublessor: Xxxxxxxx, Xxxxxxx & Xxxxx LLP
000 Xxxxx Xxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxxxxxxx 00000
Attn: Executive Director
and
Xxxxxxxx, Xxxxxxx & Xxxxx LLP
000 Xxxxx Xxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxxxxxxx 00000
Attn: Managing Partner
If to Sublessee: Data Dimensions, Inc.
000 - 000xx Xxxxxx XX, Xxxxx 0000
Xxxxxxxx, Xxxxxxxxxx 00000
Attn: Xxxxx Xxxxxx, President
and
Data Dimensions, Inc.
000 - 000xx Xxxxxx XX, Xxxxx 0000
Xxxxxxxx, Xxxxxxxxxx 00000
Attn: Xxxxxxx X. Xxxxxxx, Executive Vice-President
Either party may change the address to which notices shall be sent by notice to
the other party.
6
8
17. CONSENT BY LANDLORD. THIS SUBLEASE SHALL BE OF NO FORCE OR EFFECT
UNLESS CONSENTED TO BY LANDLORD WITHIN TWENTY (20) DAYS AFTER EXECUTION HEREOF
BY BOTH SUBLESSOR AND SUBLESSEE.
DATED the date first above written.
Sublessor:
Xxxxxxxx, Xxxxxxx & Xxxxx LLP
By [SIG]
----------------------------
Its: Partner
----------------------------
Sublessee:
Data Dimensions, Inc.
By /s/ XXXXXXX X. XXXXXXX
----------------------------
Xxxxxxx X. Xxxxxxx
Its: Executive Vice President
----------------------------
[NOTARY ATTACHED]
7
9
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me Xxxxxxx X. Xxxxxx, to me
known to be the Partner of Xxxxxxxx, Xxxxxxx & Xxxxx LLP, a Washington limited
liability partnership, the limited liability partnership that executed the
foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said limited liability partnership, for the uses and
purposes therein mentioned, and on oath stated that he was authorized to
execute the same instrument.
GIVEN under my hand and official seal this 18th day of October, 1996.
/s/ XXXXXX X. XXXXXXXX
-------------------------------------
Xxxxxx X. Xxxxxxxx
[NOTARY SEAL] -------------------------------------
(print notary's name)
Notary Public in and for the State of
Washington, residing at Woodenville, WA.
My commission expires: 4-11-99.
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me Xxxxxxx X. Xxxxxxx, to me
known to be the Executive Vice President of Data Dimensions, Inc., a Delaware
corporation, the corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of
said corporation, for the uses and purposes therein mentioned, and on oath
stated that he was authorized to execute the same instrument.
GIVEN under my hand and official seal this 18 day of October, 1996.
/s/ XXXXX XXXX STOCKTON
-------------------------------------
Xxxxx Xxxx Xxxxxxxx
-------------------------------------
(print notary's name)
Notary Public in and for the State of
WA, residing at Bellevue.
My commission expires: 12/19/97.
8
10
LANDLORD'S CONSENT AND AGREEMENT TO SUBLEASE
THIS CONSENT AND AGREEMENT is made and entered into this ____ day of
October, 1996, by and between The Trustees under the Will and of the Estate of
Xxxxx Xxxxxxxx, Deceased ("Landlord"), Xxxxxxxx, Xxxxxxx & Xxxxx LLP, a
Washington limited liability partnership ("Sublessor"), and Data Dimensions,
Inc., a Delaware corporation ("Sublessee").
RECITALS: Sublessor and Sublessee have requested Landlord's consent to
a sublease of part or all of the premises covered by that certain lease dated
September 14, 1984, between The Prudential Insurance Company of America, a New
Jersey corporation ("Prudential"), as landlord, and Williams, Lanza, Xxxxxxx &
Xxxxx, a Washington general partnership ("W,L,K & G"), as tenant, as amended
(the "Master Lease"). Landlord is the successor-in-interest to Prudential and
Sublessor is the successor-in-interest to W,L,K & G. Landlord is willing to
consent to such sublease subject to certain terms and conditions.
NOW, THEREFORE, Landlord, Sublessor and Sublessee agree as follows:
1. Landlord hereby consents to the attached sublease (the "Sublease")
between Sublessor and Sublessee on the condition that both Sublessor and
Sublessee agree to all of the terms and conditions set forth in this Consent
and Agreement (execution of this Consent and Agreement by the Sublessor and
Sublessee will constitute such agreement by the respective entities). Landlord
also hereby consents to the installation of the Tenant Improvements set forth
in the Sublease. The capitalized terms used in this Consent and Agreement and
not defined herein shall have the meaning given to such terms in the Sublease.
2. Neither the Sublease nor this Consent and Agreement shall be
construed to relieve Sublessor of any liabilities or obligations whatsoever
under the Master Lease. Sublessor shall continue to be fully and primarily
liable for the full performance of all obligations of the tenant under the
Master Lease.
3. If Sublessor is in default under the terms of the Master Lease,
Landlord shall have the right to take all actions available to Landlord under
the Master Lease by law, including without limitation, the right to commence an
unlawful detainer action against Sublessor and Sublessee.
4. All improvements to be made to the subleased premises ("Subleased
Premises") pursuant to the Sublease are subject to Landlord's consent and
approval as provided in the Master Lease.
5. Whenever the Master Lease gives Landlord a right of involvement,
such as a right to approve, consent, cooperate or decide, Landlord shall have
and keep that right with respect to
1
11
both Sublessor under the Master Lease and Sublessee under the Sublease. If
Landlord and Sublessor disagree over any decision, Landlord's decision shall
control. If, for example, the Master Lease requires Landlord's prior consent to
any alterations or additions to the Sublease Premises and if Sublessee desires
to make alterations or additions to the Sublease Premises, it must obtain the
prior consent of both Landlord and Sublessor.
6. If the Master Lease terminates or is terminated prior to the
expiration of the term of the Sublease, the Sublease also shall terminate,
except as otherwise provided below. Neither Sublessor nor Sublessee shall have
any claim or cause of action against Landlord as a result of such termination
of the Sublease. Landlord, at its sole option, to be exercised by written
notice to Sublessee, may elect to keep the Sublease in effect even though the
Master Lease is terminated. If Landlord so elects to keep the Sublease in
effect, the Sublease shall continue in full force and effect as a direct lease
between Landlord and Sublessee on the terms and conditions contained therein.
In such event, Sublessee agrees to recognize Landlord as the sublessor under
the Sublease.
7. Sublessor will pay Landlord's reasonable attorneys' fees in
reviewing the Sublease and preparing this Consent and Agreement. Landlord also
shall be reimbursed by either Sublessor or Sublessee (as they shall agree
between them) for the cost of a new suite plaque for the Subleased Premises,
new signage in the Building directory and rekeying the Subleased Premises;
provided Sublessor and Sublessee shall be jointly and severally obligated to
Landlord for such costs until they are paid.
8. The indemnity and other agreements contained in the Sublease and in
the Master Lease shall apply with equal force and effect between Sublessee and
Landlord (with Sublessee indemnifying Landlord in accordance with the terms of
the Sublease and the Master Lease) and Landlord shall be named as an additional
insured on any insurance required to be maintained by Sublessee under the
Sublease.
9. This Consent and Agreement shall not relieve Sublessor of its
obligation to obtain Landlord's consent to (a) any further sublease of all or
part of the Subleased Premises (or any additional premises leased to Sublessor
pursuant to the Master Lease and not covered by the Sublease), or (b) any
assignment of the Master Lease. Neither the Sublease nor this Consent and
Agreement shall confer upon the Sublessee any right to further sublease the
Subleased Premises or assign its rights under the Sublease in either case
without Landlord's consent.
10. A failure by Sublessor or Sublessee to comply with any of the
terms or conditions of this Consent and Agreement shall constitute a default
under the Master Lease. If any party to this Consent and Agreement commences an
action or other legal proceeding to enforce performance of any of the terms or
provisions hereof or of the Master Lease or to secure damages for or an
injunction against the breach thereof (including assertion of any counterclaim,
cross-
2
12
claim or cross-complaint or claim in a proceeding in bankruptcy, receivership
or other proceeding instituted by a party hereto or by others), the prevailing
party in such action or proceeding shall, in addition to such other relief as
it may obtain, be entitled to recover from the other party all of its costs
incurred, including reasonable attorneys' fees, in any such action or
proceeding or any appeal from any order, award or judgment therein.
11. Any options to extend the Master Lease, rights of first offer,
rights of first refusal or other rights to lease additional space or rights to
expand the premises may not be exercised by or for the benefit of Sublessee. *
12. Sublessor and Sublessee shall not amend or modify the Sublease
without Landlord's prior written consent.
13. This Consent and Agreement shall not be effective until and unless
an original executed by Sublessor and Sublessee has been delivered to Landlord.
Dated as of the day and year first above written.
LANDLORD:
The Trustees under the Will and of the
Estate of Xxxxx Xxxxxxxx, Deceased
* Landlord and Sublessor hereby
agree that 43-3 of the Lease
(as modified by the Lease
Extension and Modification
Agreement dated October 2, By /s/ XXX X. XXXXXX
1989) and 43-4 of the Lease ------------------------------------
are now null and void and of Xxx X. Xxxxxx
no further force or effect. Its: Director of Mainland Properties
By /s/ XXXXXXX X. XXXXXX
-----------------------------------
Xxxxxxx X. Xxxxxx
Its: Senior Asset Manager
3
13
SUBLESSOR:
Xxxxxxxx, Xxxxxxx & Xxxxx LLP
By /s/ XXXXXXX X. XXXXXX
------------------------------------
Its: Partner
----------------------------------
SUBLESSEE:
Data Dimensions, Inc.
By /s/ XXXXXXX X. XXXXXXX
------------------------------------
Xxxxxxx X. Xxxxxxx
Its: Executive Vice President
----------------------------------
[NOTARIES ATTACHED]
4
14
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
County of San Francisco }
On this 30th day of October 1996, before me, Xxxx Xxxxx Xxxx, Notary Public,
personally appeared Xxxx Xxxxxx and Xxx X. Xxxxxx, personally known to me to be
the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacities,
and that by their signatures on the instrument the persons or the entity upon
behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
[NOTARY SEAL] /s/ XXXX XXXXX XXXX
----------------------------------------
Xxxx Xxxxx Xxxx
Notary Public in and for the State of
California, residing in San Francisco
--------------------------------------------------------------------------------
DESCRIPTION OF ATTACHED DOCUMENT
Title and Type: Landlord's Consent and Agreement to Sublease between the
Trustees under the Will and of the Estate of Xxxxx Xxxxxxxx
and Xxxxxxxx, Xxxxxxx & Xxxxx LLP.
Date: 10/18/96
Signer(s) Other than Named Above: None.
15
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me Xxxxxxx X. Xxxxxx, to me
known to be the Partner of Xxxxxxxx, Xxxxxxx & Xxxxx LLP, a Washington limited
liability partnership, the limited liability partnership that executed the
foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said limited liability partnership, for the uses and
purposes therein mentioned, and on oath stated that he was authorized to
execute the same instrument.
GIVEN under my hand and official seal this 18th day of October, 1996.
/s/ XXXXXX X. XXXXXXXX
-------------------------------------
Xxxxxx X. Xxxxxxxx
[NOTARY SEAL] -------------------------------------
(print notary's name)
Notary Public in and for the State of
Washington, residing at Woodenville, WA.
My commission expires: 4-11-99.
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me Xxxxxxx X. Xxxxxxx, to me
known to be the Executive Vice President of Data Dimensions, Inc., a Delaware
corporation, the corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of
said corporation, for the uses and purposes therein mentioned, and on oath
stated that he was authorized to execute the same instrument.
GIVEN under my hand and official seal this 18th day of October, 1996.
/s/ XXXXX XXXX STOCKTON
-------------------------------------
Xxxxx Xxxx Xxxxxxxx
-------------------------------------
(print notary's name)
Notary Public in and for the State of
WA, residing at Bellevue.
My commission expires: 12/19/97.
6
