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EXHIBIT 10.36
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EXCLUSIVE SUBLEASE LISTING AGREEMENT
XXXXXXX X. XXXXX REAL ESTATE SERVICES L.P.
In consideration of the listing for the property hereinafter
described ("the Property") for which XXXXXXX X. XXXXX REAL ESTATE SERVICES L.P.
("Broker") shall use diligent efforts to effect a sublease, assignment or
cancellation agreement, the undersigned,) ("Tenant") hereby grants to Broker the
exclusive right to market the Property for a AELIX, INC. (FORMERLY KNOWN AS
XXXXX.XXX period commencing immediately and ending September 30, 2001, or any
extension thereof to which the parties may agree (The Term).
The Property is situated in Fairfax, Virginia and has a street
address of 00000 Xxxxxx Xxxxx Xxxx.
Tenant agrees to pay Broker a commission in an amount and in the
manner as set forth. Said commission shall be earned by Broker upon execution of
a sublease between Tenant and Replacement Tenant, regardless of how or by whom
the Tenant was procured or the sublease negotiated, or upon execution of a lease
cancellation agreement or lease assignment.
Tenant further agrees that Tenant shall pay Broker a leasing
commission on any lease which is executed within 120 calendar days after the
expiration or cancellation date of this Agreement, provided such Replacement
Tenants are identified on a list to be submitted within the fifteen (15) day
period after the cancellation or expiration date. Broker shall be deemed to have
earned such commission notwithstanding the fact that the Tenant or any other
agent of the Tenant shall either commence, continue, or resume negotiations with
such Replacement Tenants leading to the execution of a lease within said 120
calendar days.
Tenant acknowledges that Broker may represent prospective
Replacement Tenants and consents to such dual representation.
Broker shall consult with, and obtain approval of, Tenant prior
to producing or distributing marketing materials, if applicable, with the
understanding that Tenant is to pay for such materials and activities done in
effort to procure Replacement Tenants.
In the event Tenant withdraws the Property at such time as Broker
has produced a Replacement Tenant prepared to enter into a sublease upon the
terms and conditions as outlined, Tenant shall be obligated for payment of the
commission in accordance with this Agreement.
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EXCLUSIVE SUBLEASE LISTING AGREEMENT
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SCHEDULE OF COMMISSIONS
Commissions shall be payable as follows:
1. In the event a Subtenant(s) is procured without the assistance
of a cooperating broker (hereinafter defined), Broker shall be paid a leasing
commission equal to six percent (6%) of the aggregate rent (hereinafter
defined) set forth in the sublease.
In the event a cooperating broker produces the Subtenant(s) who
leases the space, Broker shall be paid a commission equal to three percent (3%)
of the aggregate amount of the sublease. In addition, Tenant shall pay the
cooperating broker a separate leasing commission equal to three percent (3%) of
the aggregate amount of the sublease.
2. Should the Landlord/Owner of the Property relieve Tenant of its
lease obligation, Broker shall be paid a commission equal to three percent (3%)
of the aggregate rent the Tenant is released from paying.
In the event the Landlord/Owner of the property relieves Tenant
of its lease obligation and enters into a Lease with another tenant procured by
Broker, Broker shall be paid a commission equal to three percent (3%) of the
aggregate rent the Tenant is released from paying.
Should the Landlord/Owner of the property relieve Tenant of its
lease obligation and enters into a lease with another tenant procured by a
cooperating broker, Broker shall be paid a commission equal to three percent
(3%) and cooperating broker shall be paid a separate leasing commission equal to
three percent (3%), each based on the aggregate rent Tenant is released from
paying.
Tenant shall be under no obligation to pay Broker or cooperating
broker a commission in the event the Landlord pays a commission to both brokers
for the period that Tenant's lease is being cancelled
3. All commissions shall be paid in full upon execution by all
parties of a lease, sublease, lease cancellation or lease assignment.
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EXCLUSIVE SUBLEASE LISTING AGREEMENT
PAGE THREE
4. For the purposes of calculating commissions, cooperating broker
shall be defined as any leasing or sales representative other than Xxxxxx X.
Xxxxxxxx, who is associated with Xxxxxxx X. Xxxxx Real Estate Services L.P.
Furthermore, for commission computation purposes, aggregate rent (as such term
is used herein) as it pertains to a sublease shall mean the total rent or other
consideration to be paid by a Replacement Tenant to Tenant during the term of a
sublease less any additional rent attributable to utilities separate from those
utilities normally provided as part of the lease, increases in operating
expenses, real estate taxes, insurance premiums, penalties and late charges
(including interest) received by Tenant from such Replacement Tenant. Aggregate
rent as it pertains to an assignment of Tenant's lease for the Premises shall
mean the total rent assumed by the Replacement Tenant during the term of an
assignment plus other considerations paid by the Replacement Tenant less any
additional rent attributable to utilities separate from those utilities normally
provided as part of the lease, increases in operating expenses, real estate
taxes, insurance premiums, penalties and late charges (including interest) paid
by such Replacement Tenant to the landlord. Aggregate rent as it pertains to a
cancellation of the lease for the Premises or a part thereof shall mean the
total amount of rent to be saved by Tenant during the remaining term of Tenant's
lease of the Premises (excluding any exercisable extensions to the term of the
Lease), less any additional rental attributable to utilities separate from those
utilities normally provided as part of the lease, increases in operating
expenses, real estate taxes, insurance premiums, penalties and late charges
(including interest) paid by Tenant to its landlord. Aggregate rentals shall not
exclude any periodic market rent increases (rental bumps) or fixed annual
increases.
5. Tenant shall not be required to pay a commission if the space is
subleased to X.xxxxxxxxxx client within two weeks.
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EXCLUSIVE SUBLEASE LISTING AGREEMENT
PAGE FOUR
TERMS AND CONDITIONS FOR THE SUBLEASING OF THE PROPERTY LOCATED AT
00000 XXXXXX XXXXX XXXX
XXXXXXX, XXXXXXXX 00000
SUITE: 590
SQUARE FEET: 4,643
TERM OF SUBLEASE: THROUGH MAY 31, 2005
LEASE RATE: $27.00
SUBLEASE RATE: $ ACTUAL CURRENT RATE
COMMENCEMENT DATE
OF ESCALATIONS: LEASE ANNIVERSARY
PARKING: FREE
AVAILABLE OCCUPANCY: IMMEDIATELY
SUBLESSOR SHALL HAVE THE RIGHT TO MODIFY THE ABOVE TERMS AND CONDITIONS,
PROVIDED THAT HE/SHE SO NOTIFIES BROKER IN WRITING OF SAID MODIFICATION(S)
PRIOR TO BROKER ENTERING INTO NEGOTIATIONS WITH A PROSPECTIVE TENANT.
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EXCLUSIVE SUBLEASE LISTING AGREEMENT
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Accepted By: AELIX, INC. (FORMERLY KNOWN AS XXXXX.XXX)
/s/ XXXXXX X. XXXXXXXXX
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NAME Xxxxxx X. Xxxxxxxxx
Vice President - Finance
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TITLE
March 12, 2001
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DATE
Accepted By: XXXXXXX X. XXXXX REAL ESTATE SERVICES L.P.
By: XXXXX COMMERCIAL MANAGEMENT L.L.C.
/s/ XXXXXXX X. XXXXXX
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Xxxxxxx X. Xxxxxx
Senior Vice President
