Exhibit 10.6.4(b)
SECOND EXTENSION OF TERM
This second extension of term agreement (the "Second Extension") is made as of
the 12th day of February, 2007 between:
HOCROFT ASSOCIATES, a New Jersey partnership, ("Landlord"), having an office at
000 X.X. Xxxxxxx 00, X.X. Xxx 0000, Xxxxxxxxxxx, XX 00000
and
SKYE MULTIMEDIA LTD., a New Jersey Corporation, ("Tenant"), having an office
at 0000 Xxxxx 00, Xxxxxxxxxxx, XX 00000.
PRELIMINARY STATEMENTS:
Landlord and Skye Multimedia, Inc. ("SMI"), a New Jersey corporation, were
parties to a Lease and Lease Agreement (the "Lease") dated as of May 5, 2005 for
leased premises consisting of 2,320 gross rentable square feet on the third
floor of 0000 Xxxxx 00, Xxxxxxxxxxx, Xxx Xxxxxx (the "Building");
Tenant is the successor of SMI;
Landlord and Tenant entered into an Extension of Term agreement dated as of May
26, 2006 (the "Extension");
The Lease, as extended, expires on August 31, 2007 and, in consideration of
these preliminary statements and for other good and valuable consideration, the
parties have agreed to further extend the Term on the terms set forth in this
Extension.
AGREEMENTS:
1. Words not defined in this Second Extension shall have the meanings
ascribed to them in the Lease and the Extension. The Lease shall otherwise
remain in full force and effect except as amended by the terms of the
Extension and this Second Extension.
2. The Term is hereby extended to and including August 31, 2008 (the "Second
Extended Term").
3. During the Second Extended Term, beginning on September 1, 2007, Tenant
agrees to pay Landlord Basic Rent at the rate of $44,080.80 per year
payable in equal monthly installments of $3,673.34 plus Tenant Electric
Charges of $1.50 per rentable square foot per year and all Additional
Rent.
4. The parties mutually represent to each other that no broker negotiated or
consummated the within transaction, and neither party dealt with any
brokers in connection with the within Extension. Tenant agrees to
indemnify Landlord in the event of any liability which may be imposed on
Landlord as a result of a claim by any broker as a result of acts of the
Tenant or any of its representatives.
5. Tenant represents and warrants that it is not a Specially Designated
National or a Blocked Person as those terms are defined in the rules of
the Office of Foreign Assets Control nor a person or entity that is listed
in the Annex to, or is otherwise subject to the provisions of, Executive
Order No. 13224 on Terrorist Financing, effective September 24, 2001, as
amended.
6. The terms, covenants and conditions of this Second Extension shall be
binding upon and shall inure to the benefit of the parties and their
respective successors and assigns.
7. This Second Extension may be executed in several counterparts each of
which shall constitute an original for all purposes.
8. This Second Extension contains the entire agreement of the parties hereto,
subsumes all prior discussions and negotiations and, except as may
otherwise be specifically set forth in this Second Extension, this Second
Extension may not be amended or otherwise modified except by a writing
signed by all the parties to this Second Extension.
IN WITNESS WHEREOF, the parties hereto have caused this Second Extension to be
signed by their proper officers as of the date set forth above.
LANDLORD:
HOCROFT ASSOCIATES
By: /s/ Xxxxxx Xxxxxxxxx
--------------------------------------
Xxxxxx Xxxxxxxxx, Vice President
S/K Hocroft Corp.
TENANT:
SKYE MULTIMEDIA LTD.
By: /s/ Xxxxx X. Xxxxxx
------------------------------------
Xxxxx X. Xxxxxx, Chairman
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