EXHIBIT 10.12
SUBLEASE AGREEMENT
THIS SUBLEASE AGREEMENT ("this Sublease"), made as of the 12th day of
May, 2004 by and between N.S. HOLDING COMPANY, a Delaware corporation,
(successor in interest to Network Solutions, Inc.) having an office at c/o
VeriSign, Inc., 000 X. Xxxxxxxxxxx Xxxx, Xxxxxxxx Xxxx, Xxxxxxxxxx 00000
(sometimes hereinafter referred to as "Sublessor"), and ICEWEB, INC., a Delaware
corporation authorized to conduct business in Commonwealth of Virginia, having
an office at 000 Xxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxx 00000-0000
(hereinafter referred to as "Sublessee")'
WITNESSETH:
WHEREAS, by Deed of Lease dated February 25, 2000 as amended by that
certain Addendum dated as of February 25, 2000 (hereinafter collectively
referred to as the "Xxxxxxxxx"), The Realty Associates Fund III, L.P., a
Delaware limited partnership (hereinafter referred to as the "Lessor"), leased
to Sublessor's predecessor-in-interest, as Lessee, approximately seventeen
thousand seventy-four (17,074) square feet of rentable area in Suite Numbers
420, 440 and 450 (the "Main Premises") of the building located at 000 Xxx Xxxxx
Xxxxxx, Xxxxxxx, Xxxxxxxx (hereinafter referred to as the "Building"), at the
rent and upon and subject to the terms and conditions set forth in the
Xxxxxxxxx; and
WHEREAS, Sublessee desires to sublet from Sublessor a portion of the
Main Premises, subject to the terms and conditions of this Sublease;
NOW, THEREFORE, the parties hereto, for themselves, their permitted
successors and assigns, mutually covenant and agree as follows;
1. Demised Premises. Sublessor does hereby sublease to Sublessee, and
Sublessee does hereby sublease from Sublessor, for the term and upon the
conditions hereinafter provided, a portion of the Main Premises consisting of an
area of approximately twelve thousand (12,000) square feet of rentable area on
the fourth (4th) floor of the Building, as more particularly shown on Exhibit
"A" attached hereto (such area being hereinafter referred to as the "Demised
Premises").
2. Specifications. Sublessor hereby subleases to Sublessee, and
Sublessee xxxxx xxxxx from Sublessor, the Demised Premises, upon and subject to
the terms and conditions herein set forth, in its "as is" condition existing on
the date possession is delivered to Sublessee as left by the prior tenant, broom
swept but without requiring any alterations, improvements, repairs or
decorations to be made by the Sublessor or at Sublessor's expense, either at the
time possession is given to Sublessee or during the entire term of this
Sublease, or any extension thereof. In connection therewith, Sublessee
represents that it has thoroughly examined the Building and the Demised
Premises, and acknowledges that no representation or warranty, either express or
implied, written or oral, has been made by Sublessor with respect to the
condition of the Demised Premises or any of the equipment therein (including,
but not limited to, the heating, ventilation or air conditioning equipment) or
the suitability of the Demised Premises for any use or purpose by Sublessee.
3. Term. The term of this sublease shall commence on that date (the
"Commencement Date") which is the later to occur of: (a) June 1, 2004; or (b)
the date on which Lessor's consent has been obtained pursuant to Paragraph 24.
The term of this Sublease shall end on December 31, 2005, or on such earlier
date upon which said term may expire or be terminated pursuant to any of the
conditions or limitations or other provisions of this Sublease or pursuant to
law. All of the provisions of this Sublease shall be in full force and effect
from and after the date above written. In the event Lessor's consent ahs not
been obtained pursuant to Paragraph 24 within forty-five (45) days after the
date hereof, then either Sublessor or Sublessee may terminate this Sublease upon
delivering written notice to the other party. Promptly after the Commencement
Date has occurred, Sublessor and Sublessee shall execute an acknowledgement
thereof in the form attached hereto as Exhibit "D".
4. Monthly Base Rent. The monthly base rent which Sublessee hereby
agrees to pay to Sublessor in advanced, and Sublessor hereby agrees to accept,
shall be as follows:
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PERIOD MONTHLY BASE RENT
------ -----------------
June 1 - August 31, 2004 $6,000.00
September 1 - December 31, 2004 $7,000.00
January 1 - March 31, 2005 $9,000.00
April 1 - June 30, 2005 $14,000.00
July 1 - November 30, 2005 $16,883.25
December 1 - December 31, 2005 $17,883.25
Total base rent $217,299.50
5. If the obligation of Sublessee to pay rent hereunder begins on a day
other than on the first day of a calendar month, rent from such date until the
first day of the following calendar month shall be prorated at the rate of the
one-thirtieth (1/30th) of the monthly installment for each day payable in
advance. Notwithstanding the foregoing, Sublessee shall pay the first full
monthly installment of monthly base rent upon execution of this Sublease. The
monthly base rent, additional rent and any others charges herein reserved or
payable shall be paid to Sublessor at the following address: c/o VeriSign, Inc.,
000 Xxxx Xxxxxxxxxxx Xxxx, Xxxxxxxx Xxxx, XX 00000, Attention: Lease
Administration, or at such other place as Sublessor may designate in writing, in
lawful money of the United States of America without demand therefore and
without deduction, setoff or abatement whatever, except as expressly provided in
this Sublease, In the event that any installment of monthly base rent or any
other amounts required to be paid by Sublessee hereunder are not paid within
five (5) days of the date due, Sublessee shall pay to Sublessor an
administrative fee equal to: (i) three percent (3%) of the overdue payment if
such failure to pay shall occur for the second time within any calendar year;
and (ii) ten percent (10%) of the overdue payment, if such failure to pay shall
occur more than twice within any calendar year. Sublessor shall have the right
to apply payments, regardless of Sublessee's designation, to satisfy any
obligations of Sublessee hereunder, in such order and amount as Sublessor may
elect in its sole discretion. Any payment by Sublessee or acceptance by
Sublessor of a lesser amount than shall be due shall be treated as a payment on
account. The acceptance by Sublessor of a lesser amount with an endorsement or
statement thereon, or in a letter accompanying such a check, that such lesser
amount is payment in full, shall be given no effect, and Sublessor may accept
such check without prejudice to any other rights or remedies which Sublessor may
have against Sublessee.
6. Additional Rent. Sublessee shall pay to Sublessor, as additional
rent, all amounts payable by Sublessor pursuant to the Xxxxxxxxx (other than
monthly base rent and increase in operating expenses and real estate taxes
payable by Sublessor pursuant to the Xxxxxxxxx) which are attributable to the
Demised Premises and the term of this Sublease or attributable to Sublessee or
any person claiming by, through or under Sublessee or any of their respective
employees, subtenants, licenses, employees, agents, contractors and invitees
(each, a "Sublessee Party"). Such amounts shall include without, limitation,
charges for Alterations, charges by Lessor for furnishings after-hours or excess
HVAC or other utilities to the Demised Premises, costs incurred by Lessor in
repairing damage to the Building caused by Sublessee or any Sublessee Party,
increased insurance premiums due as a result of Sublessee's use of the Demised
Premises; and amounts expended or incurred by Lessor on account of any default
by Sublessee under this Sublease which gives rise to a default under the
Xxxxxxxxx. Sublessee's obligation to pay additional rent shall survive the
expiration or earlier termination of this Sublease. Sublessee agrees that the
Sublessee's obligation to pay monthly base rent or additional rent is not
dependent upon the condition of the Demised Premises or the performance by
Sublessor of its duties or obligations hereunder (or the performance by Lessor
of its duties or obligations under the Xxxxxxxxx).
7. Deposits. Simultaneously with Sublessee's execution of this
Sublease, Sublessee shall deposit with Sublessor (a) the sum of six thousand and
00/100 ($6,000) (the "Rental Deposit"), which shall be deposit for and applied
as monthly base rent for the first (1st) full calendar month after Sublessee's
rent obligation commences hereunder, and (b) the sum of thirteen thousand
thirty-seven and97/100 Dollars ($13,037.97) (the "Security Deposit"), as
security for the payment and performance by Sublessee of all Sublessee's
obligations, covenants, conditions and agreements under this Sublease. In the
event of any
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default by Sublessee hereunder, including, but not limited to, the provisions
relating to the payment of monthly base and additional rent, Sublessor shall
have the right, but shall not be obligated, to apply all or any portion of the
Security Deposit to cure such default, to remedy any failure of Sublessee to
repair or maintain the Demised Premises or to perform any other obligations
under this Sublease, or to compensate Sublessor for any other loss or damage
which Sublessor may suffer by reason of Sublessee's default, in which event
Sublessee shall be obligated to promptly deposit with Sublessor that portion of
the Security Deposit so applied, and Sublessee's failure to do so shall' be a
material breach of this Sublease. Within thirty (30) days after the later of the
expiration or earlier termination of this Sublease or Sublessee's vacating the
Demised Premises, Sublessor shall return the Security Deposit to Sublessee, less
such portions thereof as Sublessor shall have appropriated to satisfy any of
Sublessee's obligations under this Sublease. In the event Sublessee fails to
perform its obligations and to take possession of the Demised Premises on the
appropriate commencement date provided herein, said Rental Deposit and Security
Deposit shall not be deemed liquidated damages, and application of said sums to
reduce Sublessor's damages shall not preclude Sublessor from recovering
additional damages incurred by Sublessor. Sublessor shall not be required to
segregate the Security Deposit from its general funds. Sublessee shall not be
entitled to interest on the Security Deposit.
8. Use. Sublessee will use and occupy the Demised Premises solely for
general office purposes and in accordance with the use pern1itted under the
Xxxxxxxxx and the applicable zoning regulations. Without the prior written
consent of Lessor and Sublessor, the Demised Premises will not be used for any
other purposes.
9. Alterations. Sublessee shall not make any alteration, improvement,
decoration, or installation (hereinafter called " Alterations") in or to the
Demised Premises, without in each, instance obtaining the prior written consent
of Lessor and Sublessor. If any Alterations are made without consent. Lessor or
Sublessor may remove the same, and may correct, repair and restore the Demised
Premises and any damage arising from such removal, and Sublessee shall be liable
for any and work. In no event shall Sublessee make any Alterations in or to the
Demised Premise if to do so would constitute a defaU1tunder the Xxxxxxxxx.
Sublessee may have any Alterations performed by contractors of its own
choice, at its expense, provided that Sublessee has obtained written approval of
the contractor by Lessor and Sublessor; which approval of Sublessor will be
based upon the contractor's being properly licensed, adequately bonded and
insured, and the contractor's financial condition, experience and past job
performance. The design of and plans for all Alterations undertaken by Sublessee
shall also be subject to prior written approval of Lessor and Sublessor in
accordance with the standards set forth in the Xxxxxxxxx and shall not be
commenced until such approval is obtained. If any Alterations are consented to
by Lessor and Sublessor, Sublessee shall comply with all applicable provisions
of the Xxxxxxxxx with respect to the performance of such Alterations: With
reasonable notice to Sublessee, Lessor and Sublessor shall at all times have the
right to inspect the work performed by any contractor selected by Sublessee
during norn1al business hours. Upon the expiration or earlier termination of
this Sublease, Sublessee shall surrender the Demised Premises, together with all
Alterations and other improvements (including, without limitation, lighting,
electrical, HV AC, telecommunications (unless Sublessor otherwise directed other
items used in the operation of the Demised Premises), subject only to reasonable
wear and tear and to damage, if any, by fire or other casualty. All Alterations
in or upon the Demised Premises made by Sublessee shall become part of and
remain in the Demised Premises upon such expiration or termination without
compensation, allowance or credit to Sublessee; provided, however, that upon the
expiration or earlier termination of this Sublease, upon written request of
Lessor or Sublessor, or in the event Sublessee makes Alterations in or to , the
Demised Premises in violation of the provisions set forth in this Xxxxxxxxx 0,
Xxxxxxxxx shall remove said Alterations and thereafter repair all damage
resulting from such removal and restore the Demised Premises to the condition as
of the date possession was delivered to Sublessee. If Sublessee fails or refuses
to remove such Alterations, or fails to correct, repair and restore the Demised
Premises, Lessor or Sublessor may cause the same to be removed, and repairs, and
restoration to be made, in which event Sublessee shall reimburse to the party
who caused said Alterations to be removed and repairs made, the cost of such
removal, repairs and restoration, together with any and all damages which Lessor
or Sublessor may suffer
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and sustain by reason of Sublessee's failure or refusal to remove said
Alterations. Sublessee shall surrender to Sublessor all keys and combinations to
locks which Sublessee is permitted to leave. If the term of this Sublease (or
any portion thereof) expires at or about the date of the expiration of the
Xxxxxxxxx (or any portion thereof), and if Sublessor is required under or
pursuant to the terms of the Xxxxxxxxx to remove any Alterations, Sublessee
shall permit Sublessor to enter the Demised Premises for a reasonable period of
time prior to the expiration of this Sublease for the purpose of removing its
Alterations and restoring the Demised Premises as required. The obligations of
Sublessee as herein provided shall survive the expiration or earlier termination
of this Sublease.
10. Sublessee's Personal Property. Upon the expiration or earlier
termination of this Sublease, Sublessee shall remove all of its furniture,
furnishings and equipment, shall repair all damage resulting from such removal
or its use of the Demised Premises, and shall surrender the Demised Premises, as
so required, in good condition subject only to reasonable wear and tear and to
damage, if any, by fire or other casualty. In the event Sublessee does not do
so, Lessor or Sublessor may, at its option, remove the same (and repair any
damage occasioned thereby and restore the Demised Premises as aforesaid) and,
dispose thereof, or warehouse the same, and Sublessee shall pay the cost of such
removal, repair, restoration, delivery or warehousing to Sublessor, or Sublessor
may treat said property as having been conveyed to Sublessor, with this Sublease
as a Xxxx of Sale, without further payment or credit by Sublessor to Sublessee.
The obligations of Sublessee as herein provided shall survive the expiration or
earlier termination this Sublease. All personal property in or about the Demised
Premises owned by Sublessee or any other party shall be at the risk of Sublessee
only, and Sublessor shall not be liable for any loss or damage thereto or theft
thereof.
11. Terms of Xxxxxxxxx.
(a) Except as herein otherwise expressly provided, all of the terms,
provisions, covenants and conditions of the Xxxxxxxxx are incorporated herein by
reference and hereby made a part of and are superior to this Sublease, provided
that in construing such terms, provisions, covenants and conditions of the
Xxxxxxxxx as incorporated herein, the term "Landlord" as used in the Xxxxxxxxx
shall refer to Sublessor hereunder and its successors and assigns; the term
"Tenant" as used in the Xxxxxxxxx shall refer to Sublessee hereunder; and the
term "Premises" shall refer to the Demised Premises. Sublessee shall be
obligated, however, to pay only the rent, additional rent and security deposit
provided for in this Sublease and not the amounts of rent, rental escalations
and security deposit provided to be paid by Sublessor under the Xxxxxxxxx. In
addition, any provisions in the Xxxxxxxxx allowing or purporting to allow
Sublessor any rent concessions or abatements or construction allowances, or
granting Sublessor any option to expand the premises, extend the term of the
Xxxxxxxxx or any other option shall not apply to this Sublease.
(b) As between the parties hereto, Sublessee hereby assumes all of the
obligations of Sublessor as Tenant, under the Xxxxxxxxx. To the extent
practicable, Sublessee shall perform affirmative covenants which are also
covenants of Sublessor under the Xxxxxxxxx at least five (5) business days prior
to the date when Sublessor's performance is required under the Xxxxxxxxx.
Without limiting the generality of the foregoing, Sublessee shall be responsible
for all maintenance, repairs and replacements to the Demised Premises and its
equipment to the extent Sublessor is obligated to perform the same under the
Xxxxxxxxx, and Sublessee shall comply with all Jaws, orders, and regulations of
all applicable governmental authorities applicable to the Demised Premises or to
Sublessee's particular use or manner of use thereof, including, without
limitation, the ADA and any state laws governing handicapped access or
architectural barriers, and all rules, regulations and guidelines promulgated
under such laws, as amended from time to, time. In the event Sublessee desires
to take any action and the Xxxxxxxxx would require Sublessor to obtain the
consent of Lessor before undertaking any such action of the same kind, Sublessee
shall not undertake the same without the prior Written consent of Sublessor and
Lessor, and Sublessor may condition its consent upon the receipt of Lessor's
consent to same Sublessor shall have all of the rights and remedies of Lessor
under the Xxxxxxxxx as against Sublessee.
(c) Sublessor does not assume any obligation to perform the provisions:
of the Xxxxxxxxx to be performed by Lessor and Sublessor is riot making the same
representations and warranties, if any, made by
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Lessor in the Xxxxxxxxx. Sublessor shall not be liable to Sublessee for any
default, failure or delay on the part of Lessor in the performance or observance
by Lessor of any of its obligations under the Xxxxxxxxx, nor shall such default
by Lessor affect this Sublease or waive or defer the performance of any of
Sublessee's obligations hereunder, except to the extent that such default by
Lessor excuses performance of Sublessor under the Xxxxxxxxx. Sublessor shall
cooperate with Sublessee, at no cost to Sublessor, in seeking to obtain the
performance of Lessor pursuant to the Xxxxxxxxx. In addition, Sublessee shall
have the right to take any action against Lesser in its own name and for that
purpose, and only to such extent, Sublessor grants to Sublessee the rights of
Sublessor with respect to the Demised Premises, retaining a concurrent right to
enforce such rights. Sublessee shall be subrogated to such rights. If any such
action against the Lessor in Sublessee's name is barred by reason of lack of
privity, non-assignability or otherwise, Sublessor shall permit Sublessee to
take such action in Sublessor's name; provided, however, that Sublessee shall
indemnify and hold Sublessor harmless against all liability, loss or damage
which Sublessor may incur or suffer by reason of any such action, and that
Sublessee provides to Sublessor copies of all papers and notices of all
proceedings so that Sublessor may be kept informed with respect thereof.
Sublessor shall execute any documents reasonably required to permit Sublessee to
take any such action in Sublessor's name. Sublessee shall not receive any
abatement of rent under this Sublease because of the Lessor's failure to perform
any of its obligations under the Xxxxxxxxx, except that if Sublessor receives an
abatement 9f rent from the Lessor relating to the Demised Premises, Subtenant
shall receive a proportionate benefit of such abatement of rent.
(d) The time periods set forth In the Xxxxxxxxx for the delivery of
notices, demands and payments and for the performance of acts, conditions and
covenants by Sublessor are hereby modified for the purpose of incorporation of
such time periods into this Sublease by shortening the same, so that such
notices shall be given, demands and payments made, and acts conditions and
covenants performed by Sublessee not later than the third (3rd) business day
prior to the last day of each such time period set forth in the Xxxxxxxxx.
(e) Sublessee acknowledges that it has received a true copy of the
Xxxxxxxxx (including all amendments and exhibits thereto) that it has reviewed
the same and that it is familiar with the contents thereof. Sublessee further
acknowledges and understands that notwithstanding anything to the contrary
herein, in the event that the Xxxxxxxxx is terminated for any reason, this
Sublease shall also be automatically and simultaneously terminated, and
Sublessee shall vacate the Demised Premises in accordance with all terms of the
Xxxxxxxxx and this Sublease. There shall be no presumption that terms of the
Xxxxxxxxx are not applicable to construing the provisions of this Sublease based
upon the inclusion or omission of specific provisions in this Sublease (it being
understood, however, that to the extent of any conflict between the terms of
this Sublease and the terms of the Xxxxxxxxx, the terms of this Sublease shall
control).
12. Fire or Other Casualty. In the event of a fire or other casualty
affecting the Building or the Demised Premises, or of a taking of all or a part
of the Building or Demised Premises under the power of eminent domain: (i)
Sublessor shall not have any obligation to repair or restore the Demised
Premises or any Alterations or personal property; {ii) Sublessee shall be
entitled only to a proportionate abatement of monthly base rent, additional rent
and other charges to the extent Sublessor receives a corresponding abatement of
rent under the Xxxxxxxxx during the time and to the extent the Demised Premise
unfit for occupancy for the purposes permitted under this Sublease and not
occupied by Sublessee as a result thereof, (iii) Sublessee shall not, by reason
thereof, have a right to terminate this Sublease unless the Xxxxxxxxx shall be
terminated; and (iv) Sublessor reserves the right to terminate the Xxxxxxxxx and
this Sublease in connection with any right granted to it under the Xxxxxxxxx
whether or not the Demised Premises is damaged or the subject of a taking. In
the event Lessor or Sublessor exercises the right to terminate the Xxxxxxxxx as
the result of any such fire, casualty or taking, Sublessor shall provide
Sublessee with a copy of the relevant termination notice and this Sublease shall
terminate on the date upon which the Xxxxxxxxx terminates.
13. Holdover. In the event Sublessee is in possession of the Subleased
Premises after the expiration termination of this Sublease, then Sublessee, at
Sublessor's option, shall be deemed to be occupying the Demised Premises at
sufferance at a monthly base rental equal to two hundred percent (200%) of the
monthly base rental in effect prior to expiration or termination, and shall
otherwise remain subject to all of the conditions, provisions and obligations of
this Sublease insofar as the same are
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applicable to a tenancy at sufferance, including, without limitation, the
payment of all additional rent and all other amounts due from Sublessee to
Sublessor hereunder, No holding over by Sublessee after the expiration or
termination of this Sublease shall be construed to extend or renew the Sublease
term or in any other manner be construed as permission by. Sublessor to
holdover, Sublessee shall indemnify and hold Sublessor harmless from and against
any and all damages (actual, consequential or otherwise), losses, costs and
expenses, including reasonable attorneys' fees, incurred by Sublessor arising
out of or in any way attributable to such holding over.
14. Events of Default. Each of the following events shall constitute an
"Event of Default" under this Sublease:
(i) Sublessee fails to pay any amount 4ue hereunder and
such failure continues for three (3) days after written notice thereof;
(ii) Sublessee fails to perform or observe any other
covenant or agreement set forth in this Sublease and such failure
continues for ten (10)days after notice thereof;
(iii) the institution in a court competent jurisdiction of
proceedings for reorganization, liquidation, or involuntary dissolution
by Sublessee, or for its adjudication as a bankrupt or insolvent, or
for the appointment of a receiver of the property of Sublessee,
provided that proceedings are not dismissed, and any receiver, trustee
or liquidator appointed therein ;is not discharged within ninety (90)
days after the institution of Said proceedings
(iv) any other event occurs which involves Sublessee or
the Demised Premises and which would constitute a default under the
Xxxxxxxxx if it involved Sublessor or the Main Premises, which
continues after the expiration of any applicable cure period
thereunder;
(v) the occurrence of a default under the Xxxxxxxxx which
continues after the expiration of any applicable cure period thereunder
and which is the result of any act or OInlSS1On of Sublessee or any
Sublessee Party; or
(vi) any purported or attempted assignment of this
Sublease or further sublet of the Demised Premises in contravention of
this Sublease or the Xxxxxxxxx; or
(vii) the default or non-performance of any other
obligation of Sublessee hereunder which, if it remains uncured would
result in a default of Sublessor under the Xxxxxxxxx, and such event is
not cured at least fifteen (15) days in advance of the time period
required (if any) for a cure thereof under the Xxxxxxxxx.
Upon the occurrence of an Event of Default, Sublessor shall have, in
addition to any other rights and remedies available to it under this Sublease
and/or at law and/or in equity, any and all rights and remedies of Lessor set
forth in the Xxxxxxxxx in connection with a default by Sublessor thereunder
which continues after the expiration of any applicable cure period therein. In
addition, without limiting the foregoing, in the event Sublessor reasonably
believes that Sublessee's failure to cure a breach under (iv) or (vi) above
shall cause a default by Sublessor to occur under the Xxxxxxxxx and Sublessee
has not commenced to cure such breach (a) immediately if such failure to cure
would cause a default to occur under the Xxxxxxxxx if not cured within fifteen
(15) days from the giving of notice of such breach or potential breach; or (b )
within ten (10) days of notice from Sublessor of such breach or potential breach
in all other cases, Sublessor shall specifically have the right, upon giving
Sublessee not less than two (2) business days prior written notice thereof, to
cure such breach or default and be reimbursed by Sublessee for all out-of-pocket
expenses incurred by Sublessor in connection therewith upon demand and
presentation of invoices therefor. All rights and remedies of Sublessor herein
enumerated shall be cumulative and none shall exclude any other right allowed by
law or in equity and said rights and remedies may be exercised and enforced
concurrently and. whenever and as often as occasion therefor arises.
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15. Insurance: Waiver of Claims and Subrogation. Sublessee shall obtain
and maintain all insurance types and coverages as specified in the Xxxxxxxxx to
be obtained and maintained, by Sublessor, as Lessee, in amounts not less than
those specified in the Xxxxxxxxx. All policies of insurance obtained by
Sublessee shall name Lessor and Sublessor as additional insureds and/or loss
payees (as applicable) therein in accordance with the Xxxxxxxxx. Sublessee's
insurance shall be primary to Lessor's and Sublessor's insurance. Sublessee will
deliver to Sublessor on or before the Commencement Date and annually thereafter
certificates reflecting that Sublessee has obtained and is maintaining the
required insurance coverages in the appropriate amounts. Sublessee hereby
releases and waives any and all claims against Lessor and Sublessor and each of
their respective officers, directors, partners, agents and employees for injury
of damage to person, property or business sustained in or about to the Demised
Premises by Sublessee or a Sublessee Party other than by reason of gross
negligence 01 willful misconduct of the released party and except in any case
which would render this release and waiver void under law. Sublessee agrees to
obtain, for the benefit of Lessor and Sublessor, appropriate waiver of
subrogation rights and endorsements from its insurer.
16. Sublessee's Covenants. Sublessee covenants and agrees that
Sublessee win not do anything which would constitute a default under the
Xxxxxxxxx or omit to do anything which Sublessee is obligated to do under the
terms of this Sublease and which would constitute a default under the Xxxxxxxxx.
17. Indemnification. Sublessee shall and hereby does indemnify and hold
Lessor and Sublessor and each of their respective officers, directors, partners,
agents and employees harmless from and against any and all actions, claims,
demands, damages, liabilities and expenses (including, without limitation,
reasonable attorneys' fees and expenses) asserted against, imposed upon or
incurred by Lessor or Sublessor by reason of (a) any default caused, suffered or
permitted by Sublessee or any Sublessee Party, of any of the terms, covenants or
conditions of the, Xxxxxxxxx or this Sublease, or(b) any damage or injury to
persons or property occurring upon or in connection with the use or occupancy of
the Demised Premises other than those arising from the gross negligence or
willful misconduct of the indemnified party, as applicable, or (c) any work or
thing whatsoever done or condition created by Sublessee or any Sublessee Party
in, on or about the Demised Premises or the Building, or (d) any other act or
omission of Sublessee or any Sublessee Party. The provisions of this Paragraph
16 shall survive the expiration or earlier termination of this Sublease.
18. Assignment and Sublease. Sublessee shall not assign, mortgage,
pledge or otherwise encumber this Sublease or any interest therein, allow any
transfer thereof or any lien upon Sublessee's interest by operation of law,
further sublet the Demised Premises or any part thereof, or permit the occupancy
of the Demised Premises or any part thereof by anyone other than Sublessee,
without in each instance obtaining the prior written consent of Lessor and
Sublessor, which consent of Sublessor may be withheld or conditioned in
Sublessor's sole and absolute discretion. If Sublessor consents thereto,
Sublessor shall use reasonable efforts to obtain the consent of Lessor under the
Xxxxxxxxx; provided, however, Sublessee shall reimburse Sublessor for any costs
incurred by Sublessor with respect thereto. No assignment or subletting shall
relieve Sublessee from Sublessee's obligations and agreements hereunder and
Sublessee shall continue to be liable as a principal and not as guarantor or
surety to the same extent as though no assignment or subletting had been made.
Further, no permitted assignment or sublease shall be effective unless and until
any default of Sublessee hereunder shall have been cured. If Sublessee is a
partnership or a limited liability company, then any event resulting in a
dissolution of Sublessee, any withdrawal or change of the partners or the
members owning a controlling interest in Sublessee (including each general
partner or manager, as applicable), or any structural or other change having the
effect of limiting liability shall be deemed a prohibited assignment. If
Sublessee is a corporation or a partnership with a corporate general partner,
then any event resulting in a dissolution, merger, consolidation or other
reorganization of Sublessee (or such corporate general partner), or the sale or
transfer or relinquishment of the interest of shareholders who, as of the date
of this Sublease, own a controlling interest of the capital stock of Sublessee
(or such corporate general partner), shall be deemed a prohibited assignment.
19. Brokers. Sublessor and Sublessee hereby represent and warrant to
each other that it has had no dealings with any real estate broker, agent or
finder in connection with the negotiation of this
7
Sublease except Xxxxx Lang LaSalle Americas, Inc., who represented Sublessor,
and Xxxxx & Xxxxx who represented Sublessee (collectively, the "Brokers"), and
that it knows of no other real estate broker, agent or finder who is entitled to
a commission in connection with this Sublease. Each party agrees to indemnify,
defend and hold harmless the other party from and against any and all claims,
demands, losses, liabilities, judgments, costs and expenses (including, without
limitation, reasonable attorneys' fees) with respect to any leasing commission
or equivalent compensation alleged to be owing on account of the indemnifying
party's dealing with any real estate broker, agent or finder other than the
Brokers. Sublessor shall pay to Brokers a commission for procuring this Sublease
pursuant to a separate agreement between Brokers and Sublessor. Sublessee shall
have no liability to Brokers for procuring this Sublease.
20. Entire Agreement. This Sublease contains all of the covenants,
agreements, terms, provisions, conditions, warranties and understandings
relating to the leasing of the Demised Premises and Sublessor's obligations in
connection therewith, and neither Sublessor nor any agent or representative of
Sublessor has made or is making, and Sublessee in executing and delivering this
Sublease is not relying upon, any warranties, representations, promises or
statements whatsoever, except to the extent expressly set forth in this
Sublease. All understandings and agreements, if any, heretofore had between the
parties are merged to this Sublease, which alone fully and completely expresses
the agreement of the parties. The failure of Sublessor to insist in any instance
upon the strict keeping, observance or performance of any covenant, agreement,
term, provision or condition of this Sublease or to exercise any election herein
contained shall not be construed as a waiver or relinquishment for the future of
such covenant, agreement, term, provision, condition or election, but the same
shall continue and remain in full force and effect. No amendment, waiver or
modification of this Sublease or any covenant, agreement, term, provision or
condition hereof shall be deemed to have been made unless expressed in writing
and signed by Lessor and Sublessor. No surrender of possession of the Demised
Premises or of any part thereof or of any remainder of the term of this Sublease
shall release Sublessee from any of its obligations hereunder unless accepted by
Sublessor in writing. The receipt and retention by Sublessor of monthly base
rent or additional rent from anyone other than Sublessee shall not be deemed a
waiver of the breach by Sublessee of any covenant, agreement, term or provision
of this Sublease, or as the acceptance of such other person as a tenant, or as a
release of Sublessee of the covenants, agreements, terms, provisions and
conditions herein contained. The receipt and retention by Sublessor of monthly
base rent or additional rent with knowledge of the breach of any covenant,
agreement, term, provision or condition herein contained shall not be deemed a
waiver of such breach.
21. Quiet Environment. Provided no Event of Default exists hereunder,
Sublessee shall peaceably and quietly hold and enjoy the Demised Premises
against Sublessor and all persons claiming by, through or under Sublessor for
the Sublease term herein described, subject to the terms and conditions of this
Sublease.
22. Successors and Assigns. If Sublessee shall include more than one
person, the obligations of all such persons under this Sublease shall be joint
and several and the provisions of this Sublease shall individually apply to each
person comprising Sublessee. The obligations of this Sublease shall bind and
benefit the permitted successors and assigns of the parties with the same effect
as if mentioned in each instance where a party hereto is named or referred to.
23. Notices. Any and all communications ("Notice") delivered hereunder
shall be in writing and shall be personally delivered, or sent by United States
mail postage prepaid as registered or certified mail, return receipt requested,
or sent by reputable overnight courier service, and delivered to the following
address:
8
If to Lessor:
The Realty Associates Fund III, L.P .
c/o Insignia/ESG, Inc.
0000 Xxxxxxxxx Xxxxxx, X. X.
Xxxxx x00
Xxxxxxxxxx, X.X. 00000
Fax: (000) 000-0000
If to Sublessor:
VeriSign, Inc.
000 Xxxx Xxxxxxxxxxx Xxxx Xxxxxxxx Xxxx, XX 00000
Attention: Lease Administration
With a copy to:
VeriSign, Inc.
000 Xxxx Xxxxxxxxxxx Xxxx
Xxxxxxxx Xxxx, XX 00000
Attention: General counsel
and to:
Xxxxx Lang LaSalle Americas, Inc.
000 Xxxx Xxxxxxxx Xxxxx
Xxxxxxx, xxxxxxxx 00000
Attention: Xxxxxx Xxxxxxx
and, with respect to default notices only, to:
Xxxxxxx X. Xxxxxxxxx, Esq.
Xxxxx Xxxxxxx LLP
0000 Xxxxxxxxxx Xxxxxx, X. X.
Xxxxxxxxxx, XX 00000-0000
If to Sublessee:
Prior to commencement of sublease:
Iceweb, Inc.
000 Xxxxxx Xxxxxxx, Xxxxx 000
Xxxxxxx, Xxxxxxxx 00000-0000
Attn: Xxxxxxx Xxxxxxx
Subsequent to commencement of sublease:
Iceweb, Inc.
000 Xxx Xxxxx Xxxxxx
Xxxxxxx, Xxxxxxxx 00000
Attn: Xxxxxxx Xxxxxxx
and with respect to default notices only, to: Xxx X. Xxxx, Esq.
Xxx X. Xxxx, PLC
0000 Xxxxxxx Xxxxx
Xxxxxxx, Xxxxxxxx 00000-0000
or to such other address and attention as any of the above shall notify the
others in writing. Any notice shall
9
be deemed delivered on the date it is personally delivered, the business day
after deposited with a national, reputable overnight courier service for next
day delivery, or two (2) business days after being sent by United States mail in
accordance with the foregoing.
24. Lessor's Consent: Default Notice. This Sublease shall be subject to
obtaining the written consent of Lessor as required by Section 12 of the
Xxxxxxxxx. Sublessee shall (i) pay all costs, fees and charges required by
Lessor to be paid in connection with any consent of Lessor required pursuant to
this Sublease or the Xxxxxxxxx and (ii) comply, at Sublessee's sole cost and
expense, with any other requirements or conditions required by Lessor, this
Sublease or the Xxxxxxxxx in connection with such consent. Sublessor and
Sublessee agree to promptly provide the other party with any notices received
from Lessor of a claimed default With respect to the Demised Premises.
25. Inspection. Sublessor reserves the right, upon reasonable prior
notice, to enter the Demised Premises for the purpose of inspecting the Demised
Premises, exhibiting the Demised Premises to persons having a legitimate
interest therein, or curing any default by Sublessee under this Sublease.
26. Force Maieure. If Sublessor or Sublessee is in any way delayed or
prevented from performing any obligation (except, with respect to Sublessee, its
obligation to pay monthly base rent, additional rent and other sums due under
this Sublease, any obligation set forth in the provisions hereunder pertaining
to Sublessee's maintaining insurance policies, or any holdover) due to fire, act
of God, governmental act or failure to act, strike, labor dispute, inability to
procure materials or any cause beyond its reasonable control (whether similar or
dissimilar to the foregoing events), then the time for performance of such
obligation shall, to the extent permitted by the Xxxxxxxxx, be excused for the
period of such delay or prevention and extended for a period equal to the period
of such delay or prevention.
27. Parking. Subject to Lessor's provision to Sublessor of the parking
rights which Sublessor is granted under the Xxxxxxxxx, Sublessor agrees to make
available to Sublessee, as of the Commencement Date, up to forty-three (43)
parking spaces (the "Parking Spaces") for the unreserved parking of standard
passenger automobiles in the Building's parking facility (the "Parking Area").
Sublessor shall not charge Subtenant for any parking fees during the term of
this Sublease. Sublessee shall not sell, assign or permit anyone other than
Sublessee's personnel to use any of the Parking Spaces, except in conjunction
with a permitted assignment or sublease.
28. Limit of Sublessor's Liability. Notwithstanding anything to the
contrary contained in this Sublease, Sublessor, its partners, members, officers,
directors, employees, agents, servants and contractors (collectively, the
"Sublessor Parties"), shall not be liable for any damages or injury to person or
property or resulting from the loss of use thereof sustained by Sublessee or any
Sublessee Party, based on, arising out of, or resulting from, any cause
whatsoever, including any due to the Building becoming out of repair, or due to
the occurrence of any accident or event in or about the Building, or due to any
act or neglect of any tenant or occupant of the building or any other person.
Notwithstanding the foregoing provision of this paragraph, Sublessor shall not
be released from liability to Sublessee for any physical injury to any natural
person caused by Sublessor's gross negligence or willful misconduct to the
extent such injury is not covered by insurance either carried by Sublessee (or
such person) or required by this Sublease to be carried by Sublessee; provided
that neither Sublessor nor any Sublessor party shall under any circumstances be
liable for any exemplary, punitive, consequential or indirect damages ( or for
any interruption of or loss to business). Notwithstanding anything to the
contrary set forth in this Sublease, if Sublessee or any other Sublessee Party
is awarded a judgment or other remedy against Sublessor, the recourse for
satisfaction of the same shall be limited to execution against Sublessor's
interest in the Xxxxxxxxx. No other asset of Sublessor or any other Sublessor
party shall be available to satisfy, or be subject to, such judgment or other
remedy, nor shall any such person be held to have any personal liability for
satisfaction or any claim or judgment.
29. Waiver of Jury Trial and Counterclaims: Governing Law: Venue;
SUBLESSOR,
10
SUBLESSEE, AND ANY AND ALL GENERAL PARTNERS OF SUBLESSEE EACH WAIVES TRIAL BY
JURY IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT IN CONNECTION WITH
ANY MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS SUBLEASE, THE
RRELATIONSHIP OF SUBLESSOR AND SUBLESSEE HEREUNDER, SUBLESSEE'S USE OR OCCUPANCY
OF THE DEMISED PREMISES, AND/OR ANY CLAIM OF INJURY OR DAMAGE. SUBLESSEE FURTHER
WAIVES ANY RIGHT TO RAISE ANY NON-COMPULSORY COUNTERCLAIM IN ANY ACTION OR
PROCEEDING INSTITUTED BY SUBLESSOR. THIS SUBLEASE SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH THE DEMISED PREMISES
I~ LOCATED. SUBLESSEE CONSENTS TO SERVICE OF PROCESS AND ANY PLEADING RELATING
TO ANY SUCH ACTION AT THE DEMISED PREMISES; PROVIDED, HOWEVER, THAT NOTHING
HEREIN SHALL BE CONSTRUED AS REQUIRING SUCH SERVICE AT THE DEMISED PREMISES.
SUBLESSOR, SUBLESSEE, AND ALL SUCH GENERAL PARTNERS EACH w AIVES ANY OBJECTION
TO THE VENUE OF ANY ACTION FILED IN ANY COURT SITUATED IN THE JURISDICTION IN
WHICH THE BUILDING IS LOCATED, AND WAIVES ANY RIGHT, CLAIM OR POWER, UNDER THE
DOCTRINE OF FORUM NON CONVENIENS OR OTHER WISE, TO TRANSFER ANY SUCH ACTION TO
ANY OTHER COURT .
30. Subtenant's Authority. Sublessee represents and warrants to
Sublessor that Sublessee is a duly organized corporation, limited liability
company or partnership, is in good standing under the laws of the jurisdiction
of its formation, is qualified to do business and is in , good standing in the
jurisdiction in which the Building is located, has the power and authority to
enter into this Sublease, and that all corporate, limited liability company or
partnership action, as applicable, requisite to authorize Sublessee to enter
into this Sublease has been duly taken.
31. Estoppel. Sublessor hereby represents to Sublessee that (i) the
Xxxxxxxxx is in full force and effect; (ii) Sublessor has no knowledge of and
has received no notice from the Lessor of default by Sublessor under the
Xxxxxxxxx which default remains uncured on the date hereof; (iii) to Sublessor's
actual knowledge, neither Sublessor nor Lessor is now in default under the
Xxxxxxxxx; and (iv) a true, correct and complete copy of the Xxxxxxxxx is
attached hereto as Exhibit "B".
32. Signs. Subject to Lessor's approval, Sublessor shall permit
Sublessee to use [its pro-rata share (based on the ratio of the number of
rentable square feet in the Demised Premises to the total number of rentable
square feet in the Main Premises) of the portion of the Building's tenant
directory allocated to Sublessor under the Xxxxxxxxx. In addition, subject to
Lessor's and Sublessor's approval of the design, size and location thereof and
all applicable laws Sublessee may, at Sublessee's sole expense, install and
maintain appropriate signage suite numbers and the like on the walls of the
elevator lobby on the floor on which the Demised Premises is located and on (or,
if required by Lessor, adjacent to) the entrance door of the Demised Premises.
Upon the expiration or earlier termination of this Sublease, Sublessee shall
remove such signage and repair any damage caused by their removal, which
obligation shall survive the expiration or earlier termination of this Sublease.
33. No Option: No Partnership. The submission of this Sublease by
Sublessee for examination does not constitute a reservation of or option for the
Demised Premises, and this Sublease shall become effective only when it is
executed and delivered by Sublessor and Sublessee and consented to in writing by
Lessor in accordance with Paragraph 23 hereof. Nothing contained in this
Sublease shall be construed as creating a partnership or joint venture between
Sublessee and Sublessor, or to create any other relationship between the parties
other than that of Sublessee and Sublessor.
34. Interpretation. The Exhibits attached to this Sublease are a part
of this Sublease. Section and subsection headings are for convenience only, and
not for use in interpreting this Sublease. If a court finds any provision of
this Sublease unenforceable, all other provisions shall remain enforceable, and
such unenforceable provision shall be deemed severed from this Sublease.
35. Waiver. No provision of this Sublease is waived by Sublessor or
Sublessee unless waived by them in writing. Sublessor, acceptance of rent is not
a waiver of any default of Sublessee, regardless of
11
Sublessor's knowledge of a default when it accepts the rent. No waiver by
Sublessor or Sublessee of any default is a waiver of any other default of the
same or any other provision of this Sublease.
36. Rule Against Perpetuities. Notwithstanding any provision in this
Sublease to the contrary, if the Term of this Sublease has not commenced within
one (1) year after the date of this Sublease, this Sublease shall automatically
terminate on the first (1st) anniversary of the date hereof. The sole purpose of
this provision is to avoid any possible interpretation that this Sublease
violates the Rule Against Perpetuities or other rule of law against restraints
on alienation.
37. Remedies. The rights and remedies mentioned in this Sublease are in
addition to, and do not deprive a party oft any other rights at law or in
equity.
38. Attorney's Fees. In the event of any litigation or arbitration
between Sublessor and Sublessee, whether based on contract, tort or other cause
of action or involving bankruptcy 0( similar proceedings, in any way related to
this Sublease, the non-prevailing party shall pay to the prevailing party all
reasonable attorneys' fees and costs and expenses of any type, without
restriction by statute, court rule or otherwise, incurred by the prevailing
party in connection with any action or proceeding (including arbitration
proceedings, any appeals and the enforcement of any judgment or award), whether
or not the dispute is litigated or prosecuted to final judgment. The "prevailing
party" shall be determined based upon an assessment of which party's major
arguments or positions taken in the action or proceeding could fairly be said to
have prevailed (whether by compromise, settlement, abandonment by other party of
its claim or defense, final decision after any appeals, or otherwise) over the
other party's major arguments or positions on major disputed issues. Any fees
and cost incurred in enforcing a judgment shall be recoverable separately from
any other amount included in the judgment and shall survive and not be merged in
the judgment.
39. Counterparts. To facilitate execution, this Sublease may be
executed in as many counterparts as may be required, and it shall not be
necessary that the signature of each party, or that the signatures of all
persons required to bind any party, appear on each counterpart; but it : shall
be sufficient that the signature of each party, or that the signatures of the
persons required to bind any party, appear on one or more of such counterparts.
All counterparts shall collectively constitute a single agreement.
40. Furniture: Sublessor hereby grants to Subtenant a license to use
the furniture currently located in the Demised Premises (the "Sublessor
Furniture"), which license expires upon the expiration of the term of this
Sublease, or upon any earlier termination of the term of this Sublease or of
Subtenant's right to possession, solely for the permitted use, as described in
Section 7 of this Sublease. Subtenant shall be responsible, at its sole cost and
expense, to maintain and insure (in the manner required under Section 14 above)
the Sublessor Furniture. At the expiration of the Sublease term, Sublessor shall
execute and deliver to Subtenant a Xxxx of Sale (attached hereto as Exhibit .C),
provided, however, that Sublessor shall execute and deliver this Xxxx of Sale to
Subtenant only if no Event of Default has occurred under this Sublease. If an
Event of Default that results in termination of this Sublease occurs, then at
such time, Subtenant shall surrender possession of the Sublessor Furniture and
deliver to Sublessor the Sublessor Furniture in the same condition as on the
date Subtenant took possession of the Sublessor Furniture, subject to ordinary
wear and tear.
[signature page follows]
12
IN WITNESS WHEREOF, Sublessor and Sublessee have duly executed this
Sublease as of the day and year first above written.
WITNESS: SUBLESSOR:
N.S. HOLDING COMPANY,
A DELAWARE CORPORATION
/s/ BY: /s/ (SEAL)
--------------------------- ---------------------
NAME:
-------------------
TITLE:
------------------
WITNESS: SUBLESSEE:
ICEWEB, INC.,
a DELAWARE CORPORATION
/s/ BY: /s/ (SEAL)
--------------------------- ---------------------
NAME:
-------------------
TITLE:
------------------
13
EXHIBIT "A"
FLOOR PLANS OF DEMISED PREMISES
14
EXHIBIT "B"
THE XXXXXXXXX
15
EXHIBIT "C"
XXXX OF SALE
THIS XXXX OF SALE, is executed by N.S. HOLDING COMPANY, a Delaware
corporation ("SELLER"), and ICEWEB, INC., A DELAWARE CORPORATION AUTHORIZED TO
CONDUCT BUSINESS IN THE COMMONWEALTH OF VIRGINIA ("BUYER"), effective as of as
___________________, 20_____ (the "Effective Date").
IN CONSIDERATION of the payment of One Dollar ($1.00), and for other
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Seller hereby sells, assigns and transfers to Buyer all of the
furniture more particularly described on Schedule C-I attached hereto and made a
part hereof (the "SUBLESSOR PROPERTY"), subject to the following terms and
conditions
1. BUYER ACKNOWLEDGES THAT BUYER IS ACQUIRING THE SUBLESSOR PROPERTY AS
IS AND WHERE IS, WITH ALL F AUL TS, IF ANY", IN THE CONDITION THEY ARE IN AS OF
THE EFFECTIVE DATE, AND NO w ARRANTIES, EXPRESS OR IMPLIED, HA YE BEEN MADE BY
SELLER REGARDING THEIR PHYSICAL CONDITION, CAPACITY, QUALITY, VALUE,
WORKMANSHIP, OPERATING CAP ABILITY OR PERFORMANCE, OR THEIR COMPLIANCE WITH
APPLICABLE LAWS, OR THEIR FITNESS OR SUIT ABILITY FOR BUYER'S PURPOSES. NO
WARRANTIES, EXPRESS OR IMPLIED, CONTAINED IN THE UNIFORM COMMERCIAL CODE OR
OTHERWISE (INCLUDING, WITHOUT LIMITATION, THE IMPLIED w ARRANTY OF MERCHANT
ABILITY AND THE IMPLIED w ARRANTY OF FITNESS FOR A PARTICULAR PURPOSE) SHALL
APPLY TO THE SALE OF THE SUBLESSOR PROPERTY, AND BUYER HEREBY DISCLAIMS AND
NEGATES THE RIGHT TO ANY SUCH WARRANTIES.
2. As of the Effective Date, Seller represents and warrants that: (a)
is lawfully possessed of good title to the Sublessor Property; (b) Seller
has the right and authority to convey the Sublessor Property; and (c) the
Sublessor Property shall be conveyed to Buyer free and clear of all security
interests, liens and encumbrances (except any security interests, liens and
encumbrances arising during Buyer's use of the Sublessor Property pursuant to
the Sublease).
3. All applicable sales, use, transfer and documentary taxes arising
out of the transfer of the Sublessor Property (but excluding sales taxes
applicable to Seller's period of ownership and income taxes of Seller arising
out of the sale) shall be paid by Buyer.
16
IN WITNESS WHEREOF, Seller has caused this Xxxx of Sale to be executed
and delivered to Buyer by the duly authorized officer of Seller this ___________
day of _______, 200__.
N.S. HOLDING COMPANY,
A DELAWARE CORPORATION
BY: _____________________ (SEAL)
NAME: ___________________
TITLE: __________________
17
Schedule C-1
Furniture Inventory
DESCRIPTION QUANTITY
----------- --------
Book Case (5 FT) 4
Book Case (4 FT) 2
Cubicles 31
Refrigerator 1
Microwave 1
Small Computer 12
Table
2 Drawer Filing 6
Cabinet
5 FT "L" Desk 2
5 FT Straight Desk 4
Chairs
Green 9
Blue 9
Black 17
Guest 40
Built in Furniture
Single Office 17
Double Office 6
Breakroom Furniture
Refrigerator
Tables
Chairs
18