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EXHIBIT 10.1
COMMERCIAL LEASE
THIS LEASE is made and executed in duplicate this 5th day of January 2000 BY
AND BETWEEN Kearny Street Workshop hereinafter called "Lessor" and NetStaff,
Inc. hereinafter called "Lessee".
WITNESSETH: that for and in consideration of the sum of $......... to
Lessor, paid by Lessee, receipt of which is herby acknowledged by Lessor,
and for the further consideration of the payment of the rents and the
performances of the covenants contained herein on the part of the Lessee,
and in the manner herein after stated, Lessor leases and lets to Lessee
hereby leases, hires and takes from Lessor, upon the terms and conditions
herinafter set forth, the following described property, and its
appurtenances, situated in the city of San Francisco, County of San
Francisco, State of California, Particularly described as follows:
TERM
For the term of 9 months commencing on the 1st day of February, 2000 through
October 31, 2000.
RENT
The total rent shall be the sum of $5,670.00 dollars payable monthly in
advance, instalments Of $630.00 dollars each in lawful money of the United
States of America on the 1st day of each and every calendar month. In the
event Lessee has paid the rental hereunder, as herein provided and has duly
complies with the terms and provisions hereof, Lessee may occupy and enjoy
the leased premises for the final....... Month of the term, free from
obligation to pay any rental for such .................. months.
This lease is made subject to the following terms and conditions:
PAYMENT OF RENT
1. Lessee agrees to pay rents to Lessor at the time and in the manner
herein provided
REMOVAL OF PROPERTY
2. Should Lessee fail to pay any part of the rents herein specified,
at the times or in the manner herein provided, or fail faithfully
to comply with or perform any other of the terms, conditions,
covenants and agreements of this lease on the part of Lessee to be
performed or complied with, or should Lessee abandon the leased
premises, then and in that event, Lessor, at the sole option of
Lessor may terminate this lease, and Lessor and Lessee shall have
all the rights and remedies as provided in California Civil code,
Section 1951.2 Lessor may pursue any remedy whatsoever provided for
by law, and in any event Lessor shall be entitled to the possession
of the leased premises at the lawful termination of this lease.
Lessor is hereby authorized to remove and store at Lessee's expense
any personal property, which Lessee abandons at the leased premises
upon vacating those premises. The Lessor has the remedy described
in California Civil Code Section 1951.4 (Lessor may continue lease
in effect after Lessee's breach and abandonment and recover rent as
it becomes due, if Lessee has right to sublet or assign, subject
only to reasonable limitation). The rights of Lessor under this
lease shall be cumulative to all other rights or remedies given to
Lessor by law or by the terms of this lease
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USES AND USES PROHIBITED
3. That the lease premises shall be used, occupied and conducted
exclusively as and for office space and for no other purpose, and
shall be used, occupied and conducted in a thoroughly orderly and
respectable manner, without let, hindrance, annoyance, disturbance,
detriment, injury or offence to Lessor. Lessee shall not maintain
or commit, nor suffer to be maintained of committed any nuisance or
waste in or about the leased premises. Lessee shall not do or
permit anything to be done in or about the leased premises, not
bring or keep anything therein, which will in any way affect fire
or other insurance on the building or any of its contents, or which
shall in any way conflict with any law, ordinance, rule or
regulation affecting the occupancy and use of the premises which
are or may hereafter be enacted or promulgated by any public
authority.
Lessee shall not construct, maintain or permit to be constructed or
maintained, any sign or billboard on the roof of the building located on
the premises, nor paint, nor hang, nor permit or authorize others to
paint, or hang any sign on the walls thereof, unless written permission
to do so has been obtained from Lessor. Lessee shall not maintain or
store any hazardous or toxic substances on the property of any kind.
Further, Lessee shall indemnify and hold Lessor free and harmless from
any loss, damage or liability that may be occasioned by any
contamination of the property by any hazardous or toxic substance.
ASSIGNMENT AND SUBLETTING
4. Lessee may assign his interest or sublet the property. But only
with the prior written consent of Lessor. Under no other
circumstances, and without prior obtained written consent, neither
this lease nor any interest therein shall be assignable or subject
to subletting. Lessor shall not unreasonably withhold requested
written consent.
Lessee further promises and covenants that if he neglects or fails to
perform or observe any of the covenants contained in this lease and
continues this neglect or failure for the (10) days after notice by
Lessor, or if the estate hereby created shall be taken on execution, and
such execution shall not be satisfied, cancelled or otherwise removed
within thirty days after notice by Lessor, or if the Lessee shall be
adjudicated bankrupt or insolvent according to law, or if any assignment
of its property shall be made for the benefit of creditors, the Lessor
may immediately terminate this lease. Lessee covenants that in case of
such termination it will indemnify Lessor against all loss of rent which
Lessor may incur by reason of such termination, during the residue of
the term above specified.
ALTERATION AND REPAIRS
DAMAGE TO PREMISES
5. Lessee agrees that the leased premises are now in tenantable and
good order and condition and the Lessee shall keep and maintain
these premises in good and sanitary order and condition, and that
no damages, alterations or change whatever shall be made in or
about the leased premises without the written consent of Lessor.
Unless otherwise provided by written agreement, all alterations,
improvements and changes that may be required shall be done by or
under the direction of Lessor but at the cost of Lessee. All
alterations, additions, and improvements made in and to the leased
premises shall, unless otherwise provided by written agreement, be
the property of Lessor and shall remain upon, and be surrendered
with the leased premises. Lessee shall not mar or deface in any
manner the walls, woodwork or any other part of leased premises.
All damage or injury done to the premises or property of the Lessor
by Lessee, or by any person who may be in or upon the premises,
with
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the consent of the Lessee shall be paid for by the lessee at the
time the damage or injury is inflicted. Lessee shall, at the
termination of the lease, surrender the leased premises to Lessor
in as good order and condition as received, normal wear and tear
excepted.
DELIVERY OF POSSESSION
6. In the event of the inability of the Lessor to deliver possession
of the leased premises at the time herein fixed for the
commencement of the term of this lease, neither Lessor nor the
agent of Lessor shall be liable for nay damage caused thereby, nor
shall this lease thereby become void or voidable, but in such event
Lessee shall not be liable for any rent until such time as Lessor
can deliver possession.
NOTICE OF SURRENDER
7. Lessee shall, at least thirty days before the date of expiration of
this lease, give Lessor a written notice of intention to surrender
the leased premises on that date. If such notice is not given, the
Lessee shall be liable for rent of one additional month in the
event that he shall have vacated the leased premises, at the
expiration of the term of this lease.
HOLDING OVER
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DESTRUCTION OF PREMISES
9. If the building or the leased premises shall be destroyed by fire
or other causes or be so damaged that they become untenantable and
cannot be rendered tenantable within ninety days from the date of
the injury this lease may be terminated by Lessor. In case the
premises shall be so damaged as not to require a termination of the
lease as above provided, then a proportionate allowance shall be
made to Lessee for the rent hereinbefore reserved corresponding to
the time during which and to the portion of the premises of which
Lessee shall be so deprived. Lessee expressly waives the provisions
of Section 1932 and Subdivision 4 of section 1933 of the Civil Code
of State of California. Lessor shall be sole judge as to whether
such damage has caused said building or premises to be
untenantable, and as to whether they can be rendered tenantable
within ninety(90) days from the date of injury.
ENTRY AND INSPECTION
10. Management is given the right to enter into or inspect the premises
for the following purposes:
a. In case of emergency
b. To make necessary or agreed repairs, decorations, alterations or
improvements, supply necessary or agreed services, or exhibit
the unit to prospective or actual purchasers, mortgages,
tenants, workmen or contractors.
c. When the tenant has abandoned or surrendered the premises.
d. Pursuant to court order.
Except in cases of emergency, when the tenant has abandoned or
surrendered the premises, or if it is impracticable to do so, the
Owner shall give the tenant reasonable notice of his intent to
enter and enter only during normal business hours. Twenty-four
(24)hours shall be presumed to be reasonable notice.
SERVICE CHARGES
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11. Lessee agrees to pay during the term hereof, one sixth (1/6)
charges made against the premises for water, rates, gas,
electricity, power, heat, telephone and garbage disposal services,
and for any other commodities furnished or supplied or used in or
upon or about the premises.
ROOF
12. Lessor agrees to maintain the roof over the demised premises in
good order and repair and repairs to the roof shall be made by and
at the expense of Lessor.
SUBORDINATION
13. Lessee's interest in this property shall be subject and subordinate
at all times to the lien of any mortgage or trust deed or deeds
which may now exist upon or which may be placed upon the premises
or the property of which the premises are a part and Lessee
covenants that it will execute and deliver to Lessor or the nominee
of Lessor proper subordination agreements to this effect at any
time upon the request of Lessor and without payment being made
therefore.
BREACH OF CONDITIONS
14. Each and every covenant and term hereof to be kept and performed by
Lessee is expressly made a condition, upon breach whereof Lessor
may terminate this lease and exercise all rights of entry and
re-entry upon the leased premises, as provided for by law.
NON-WAIVER OF BREACH
15. The failure or omission of Lessor to terminate this lease, for any
violation of any of its terms, conditions, or covenants shall in no
way be deemed to be a consent by Lessor to such violation, and
shall in no way bar, estop or prevent Lessor from terminating this
lease thereafter, either for such or for any subsequent violation
of any such term, condition or covenant. The acceptance of rent
hereunder shall not be, or be construed to be, a waiver of any
breach of any term, covenant or condition of this lease.
COSTS OF SUIT
16. If any legal action of proceeding be brought by either party to
enforce any part of this Agreement the prevailing party shall
recover, in addition to all other relief, reasonable attorney's
fees and costs.
SERVICE OF NOTICE
17. Notices required under this Agreement may serve upon: Xxxxx Xxxx,
Kearny Street Workshop at 000 Xxxxx Xxxx, Xxxxxxxxxx. Said person
is authorized to accept legal service on behalf of Lessor. Notice
may be served on Lessee at the address set forth on page 1.
SECURITY
18. It is further covenanted and agreed by Lessee that nothing herein
contained and no security or guarantee which may now or hereafter
be furnished Lessor for the payment of the rent herein reserved or
for the performance by Lessee of the other terms or covenants of
this lease, shall in any way be a bar or defence to any action in
unlawful detainer, or for the recovery of these premises, or in any
action which
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Lessor may at any time commence for breach of any part of the terms
or covenants of this lease.
LESSOR AND LESSEE DEFINED
HEIRS, ETC, INCLUDED
19. The word "Lessor" and the word "Lessee" as used herein include the
plural as well as the singular. The neuter gender when used here
shall include the masculine and feminine.
20. This lease shall include and inure to and bind the heirs,
Executors, Administrators, successors and assigns of respective
parties hereto, but nothing in this paragraph contained shall be
construed to modify or impair in any manner any of the provisions
and restrictions of this lease relating to the assignment of this
lease or of any interest therein, or to the subletting or
underletting of the leased premises of any part thereof.
21. Lessee agrees that this instrument contains all of the provisions
of the agreement between the parties hereto, and that no promise or
agreement not contained herein shall be binding on Lessor
22. Time is the essence of this agreement
23. Lessee accepts the leased premises subject to all zoning laws,
ordinances, and regulations applicable to and regulating the use of
the premises, and acknowledges that Lessor has made no
representations or warranties as to the suitability of the premises
for any particular use.
24. Additional Provisions (Insert here and refer to paragraph 24).
These parties have executed this lease the day and year first above written
/s/ XXXXX XXXX /S/ XXXXXXX XXXXX
.............................. ......................................
Lessor Lessee
Xxxxx Xxxx Xxxxxxx Xxxxx
Kearny Street Workshop NetStaff, Inc.
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