Exhibit 10.5
OFFICE LEASE
THIS LEASE is made this 1st day of April, 2003, by and between Xxxxxx Xxxxx,
(hereinafter referred to as "Lessor"), and ATM Financial Corp., (hereinafter
referred to as Lessee").
WITNESSETH: That the said Lessor hereby leases and demises unto the said Lessee
the following described premises:
Two hundred square feet of that certain real property, including all
improvements thereon, commonly known by the street address of Suite 3400, 000
Xxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxx Xxxxxxxx.
TO HAVE AND TO HOLD the premises from the 1st day of April, 2003, for the term
of 12 months thereafter, the said Lessee paying to the Lessor the monthly rent
of NINE HUNDRED AND FIFTY $950.00) Dollars in lawful currency of the United
States of America, in advance, being due on the first day of each month of the
term hereof, as follows:
1. The Lessee hereby covenants with the Lessor that the Lessee will pay the rent
herein reserved at the times and in the manner aforesaid, and will pay all
charges for gas, electricity, and water used on the premises. Should said rent
or charges for gas, electricity or water herein provided for at any time remain
due and unpaid for a period of ten days after the same shall have become due,
the said Lessor may at Lessor's option, consider the said Lessee a tenant at
sufferance and immediately re-enter upon the premises and the entire rent for
the rental period then next ensuing shall at once be due and payable and may be
immediately collected by distress or otherwise. The Lessee will not use or
permit the premises to be used for any illegal or improper purposes, nor permit
the disturbance, noise or annoyance whatsoever, detrimental to the premises or
to the comfort of the other habitants of said building or its neighbors; and
will not sublet or assign this lease nor any part thereof without the written
consent of the Lessor.
2. The Lessee will keep the interior or the premises, and all windows, doors,
fixtures, interior walls, pipes, and other appurtenances, in good and
substantial repair and in clean condition, damage by fire or storm excepted; and
will exercise all reasonable care in the use of halls, stairs, bathrooms,
closets, and other fixtures and parts of the premises used in common with other
tenants in said building which may be necessary for the preservation of the
property and the comfort of the other tenants; and will also permit the Lessor
or Lessor's agents or employees, at all reasonable times, to enter into the
premises and inspect the conditions thereof, and make such repairs as may be
necessary; and will at the expiration of said term, without demand, quietly and
peaceably deliver up the possession of the said premises in good state and
condition, damage or destruction by fire or storm excepted.
3. The Lessor hereby covenants with the Lessee upon the performance by the
Lessee of the covenants hereinbefore set forth, that the Lessor will, during the
continuance of said term, keep all the external parts of the premises in good
repair; that in case the said building and premises or any part thereof, shall
at any time be destroyed or so damaged by fire or storm as to render same unfit
for occupation or use, said Lessor shall have the option to terminate this
Lease, or to repair and rebuild the premises refunding the rents hereby
reserved, or a fair and just portion thereof, according to the damage sustained,
until the said premises are repaired and fit for occupancy and use; and that the
Lessee may quietly hold and enjoy the premises without any interruption by the
Lessor or any person claiming under the Lessor.
4. The Lessee hereby pledges and assigns to the Lessor all furniture, fixtures,
goods and chattels of the Lessee on the premises, as security for the payment of
the rent reserved herein and the Lessee agrees that said lien may be enforced by
distress, foreclosure or otherwise, at the election of the Lessor; and said
Lessee hereby waives all rights of homestead or exemption in said furniture,
fixtures, goods and chattels to which the Lessee may be entitled under the
Constitution and laws of this State; and in case of the failure of the Lessee to
pay the or other charges herein reserved when due, and same is collected by suit
or through an attorney, the Lessee agrees to pay the Lessor reasonable
attorney's fees, together with all costs incurred. This lease shall bind the
Lessor and the Lessee and their respective heirs, assigns, administrators, legal
representatives and executors.
5. The parties hereto waive trail by jury and agree to submit to the personal
jurisdiction and venue of a court of subject matter jurisdiction located in
Vancouver, British Columbia. No action hereunder may be commenced if more than
one year after the cause of action giving rise thereto has elapsed.
6. Tenant hereby waives any and all right to assert affirmative defenses or
counterclaims in any eviction action instituted by Landlord with the exception
of an affirmative defense based upon payment of all amounts claimed by Landlord
not to have been paid by Tenant. Any other matters may only be advanced by a
separate suit instituted by Tenant.
7. Unless specifically disallowed by law, should litigation arise hereunder,
service of process therefor may be obtained through certified mail, return
receipt requested; the parties hereto waiving any and all rights they may have
to object to the method by which service was perfected.
8. To the extent allowed by law, the parties hereto, in the event of breach and
in addition to any and all other remedies available thereto, may obtain
injunctive relief, regardless of whether the injured party can demonstrate that
no adequate remedy exists at law.
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals
this 1st day of April, 2003.
By: /s/Xxxxxx Xxxxx
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XXXXXX XXXXX
ATM FINANCIAL CORP.
By: /s/Xxxxxx Xxxxx
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Name: Xxxxxx Xxxxx
Title: President & CEO
