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EXHIBIT SECTION
EXHIBIT (10.3)
EXHIBIT 10.3
UPTON PRINTING
COMMERCIAL GROSS LEASE
STANDARD FORM OF XXX XXXXXXX & CO.
1. M. Field Gomila Et. Al. (hereinafter referred to, whether one or more,
as "Lessor") hereby leases to Xxxxxxx Printing DBA Upton Printing (hereinafter
referred to, whether one or more, as "Lessee"), the following described
property: The two, one-story buildings known as 740 and 000 Xxxxxxxxxx Xxxxxx
betweeen Girod and Xxxxx Xxxxxxx, Xxx Xxxxxxx, Xxxxxxxxx 00000.
2. If the above described property is leased to more than one party, the
obligations of all such parties hereunder, as Lessee, shall be in solido.
3. This lease is for a term of 36 months commencing on October 1, 2000, and
ending on September 30, 2003.
4. The monthly rental Under this lease shall be $5580.00 a month for the
period of October 1, 2000 thru September 30, 2001 and. then adjusted
annually in accordance with Consumer Price index for October 1, 2000 being
the base year ($5,580.00) payable in advance. Rent for the first full
calendar month of the term of this lease, plus the rent for any fractional
monthpreceding such first calendar month, shall be payable on the signing
of this Lease by Lessee and rent for subsequent months shall be payable on
the first day of October, 2000.(and on the first day of each calendar month
thereafter, except that if this is a renewal lease, rent shall be payable
on same date of the beginning of this lease on the same day of each month
thereafter. All payments of rent shall be made to Xxx Xxxxxxx & Co. at 000
Xxxxxxxxxx Xxxxxx. Xxx Xxxxxxx. Xxxxxxxxx 00000. but Lesser may from time
to time, with the written consent of Xxx Xxxxxxx & Co. designate other
persons and pieces for payment of rent by native to lessee. If Lessee fails
to pay the monthly rent provided above within seven (7) days after it is
due, Lessee shall pay to Xxx Xxxxxxx & Co. a late charge equal to 2% of
such monthly rent, which shall be retained by Xxx Xxxxxxx & Co. as part of
its compensation, and shall be considered a form of rent.
5. Lessee shall promptly pay all charges for gas, electricity, water and
other utilities consumed on or furnished to the leased premises, including those
used for air conditioning and heating purposes, and shall pay for water
sprinkler service charge, if any. It lessee fails to pay any charges
contemplated to this section, lessor may, at its sole option, pay same, which
shall be considered a form of rent.
6. The leased premises shall be used only for the following purposes:
Printing
7. The leased premises and all appurtenances contained therein, including,
but not limited to; locks, keys, glass, elevator (if any), plumbing, automatic
sprinkler system (if any), heating equipment and air conditioning equipment (it
any), are accepted by Lessee in their present condition, including any vices or
detects, latent or otherwise, that may now exist or hereafter atlas in the based
premises, except as to such repairs or improvements as this lease requires
Lessor to make. Lessor shall maintain the roof of the leased premises in good
order and repair, but shall not be required to make any other repairs or
replacements whatsoever to the teased premises, except those rendered
Exhibit (10.3)-p1
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EXHIBIT SECTION
EXHIBIT (10.3)
necessary by fire or other perils which would be covered by fire and extended
coverage insurance. Lessee shall. at Lessee's expense and within a reasonable
period of time, make any and aft repairs and replacements al whatsoever nature
or character that may become necessary to the leased premises during the term of
this lease other than those hereinabove requited to be made by Lessor. At the
termination of flue lease, Lessee shall return the loaned premises to lessor, In
like order and condition as received, broom clean and tree from trash, ordinary
decay, wear and tear excepted, and shall deliver the keys to the leased premises
to Lessor or Xxx Xxxxxxx & Co.
8. Lessor shall not be responsible for damage to property or injury to
person or other losses or damages caused by or resulting from leaks in the roof
of the leased premises, unless Lessor fails to take steps toward repairing such
leaks within a reasonable period of time after being notified thereof by Lessee.
Should Lessee fail to so notify Lessor promptly, Lessee shall be responsible for
damages or losses resulting to Lessor or third parties. Nor shall Lessor be
responsible for damage to properly or Injury to person or other tosses or
damages caused by or resulting from vices or defects, latent or otherwise, that
may now exist or hereafter arise in the leased premises, or caused by or
resulting from disrepair damage or conditions necessitating repairs or
replacements required herein to be made by Lessee.
9. Should Lessor be delayed in delivering possession of the leased premises
to Lessee on the commencement date of this lease, because of any delay of
existing occupants to vacate or because of the construction of improvements or
the making of repairs required by this lease to be made by Lessor not having
been completed or because of any other reason, not due to the design of Lessor,
this lease shah not be affected thereby and Lessee shall not be entitled to any
damages for such delay, except that Lessee shall be allowed a remission of rent
for the period prior to delivery of possession, in which case the termination
date of this lease shall remain unchanged.
10. If this lease requires Lessor to make improvements or repairs to the
leased premises and Lessor deems it impracticable to do so prior to the
commencement date of this lease, Lessee agrees that Lessor may make such
improvements or repairs after possession is delivered to Lessee, in a manner
such as not to unreasonably interfere with the operation of Lessee's business,
in which case there shall be no reduction or remission of rent.
11. Lessee shall not make any alterations or additions to the leased
premises without obtaining Lessors prior written consent, but any, and all
alterations. additions or other improvements made by Lessee, regardless of how
attached (except movable trade fixtures), Shall immediately become and remain
the property of Lessor, without compensation therefore Lessee, provided Lessor
shall have the fight to require that Lessee, prior to the termination of this
lease, remove any or all such alteration, additions or improvements and restore
the leased premises to their condition at the time of the commencement of this
lease.
12. If any swithtracks serve the leased premises , any and all costs for
the care, repair and maintenance thereof and franchise charges therefor shall be
paid by N\A.
13. Lessee shall comply with all requirements of State, Municipal, Federal
and other public authorities, relating to the leased premises and the use and
occupancy thereof.
14. Lessee assumes full responsibility for the condition of the leased
premises and agrees to hold Lessor harmless from any and all liability for
injury to persons or damage to property or other losses of damages caused by or
resulting from any accident or other occurrence in, on or about the leased
premises.
15. Lessee shall provide and maintain. for the mutual benefit of Lessee and
Exhibit (10.3)-p 2
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EXHIBIT SECTION
EXHIBIT (10.3)
Lessor, liability insurance against claims (1) for bodily injury, or death
resulting therefrom, occurring on the leased premises, In the amount of
$300.000.00 as to any one occurrence, and (2) for property damage in the amount
of $50,000.00 as to any one occurrence on the leased Insurance premises, Xxx
Xxxxxxx & Co. shall be named as an insured in the policies evidencing such
insurance and a certificate of insurance shall be delivered to Xxx Xxxxxxx & Co.
promptly upon the execution of this lease. Lessee shall also provide and
maintain plate glass insurance in an amount adequate to cover any and all plate
glass forming a part of the leased premises. All of said insurance shall be
carried with responsible insurance companies authorized to transact business In
the State of Louisiana and parish" shall deliver to Lessor evidence of such
Insurance, upon request. Said insurance shall not be cancelled or materially
altered by Lessee. without thirty (30) day prior written notice to Lessor and
Xxx Xxxxxxx & Co.
16. If the rate of fire or other casualty insurance covering the saaaed
premises is increased due to acts of Lessee, Lessee shall pay to Lessor the
increased cost of such insurance. Lessee will not do or cause or suffer to be
done any act or thing whereby the policy or policies of life or other casualty
insurance covering the leased premises shall become void or suspended.. Should
Lessee's occupancy cause Lessor to be unable to obtain fire or other casualty
insurance covering the leased premises, Lessor shaft have the right to terminate
this lease upon giving Lessee not less than ten (10) days prior written notice.
Lessee agrees to notify Lessor at any time the leased premises will become
unoccupied, so that Lessor may obtain necessary vacancy permits from Lessor's
insurers.
17. Lessee shall have the right to erect and maintain signs advertising
Lessee's business on the interior and exterior of the leased premises, provided
that the exterior signs shall be approved in writing by Lesser as to size,
design and location and shall be erected and maintained in accordance with the
rules and regulations of the properly constituted authorities. Lessee shall
remove all signs placed on the interior and exterior of the leased premises at
the expiration of this lease and shall repair any damage to the leased premises
caused by the erection, maintenance or removal of such signs.
18. Lessor shall have the right to enter the leased premises at all
reasonable times for the purpose of inspecting the same and for the purpose of
making repairs required to be made by Lessor or which Lessor may desire to make.
19. Lessor shall have the right to place the usual "For Sale" and -By
Auction signs on the leased premises at any time during the entire term of this
lease and the usual "for Rent` signs on the leased premises during the last six
(6) months of the term of this lease. Lessee agrees to allow persons authorized
by Lessor to inspect the leased premises during the entire term of this lease
with the view of purchasing the same and during the last six (6) months of the
term of this lease with the view of renting the Same, such inspections to be at
reasonable hours. 1f Lessee is absent from the leased premises, Lessor shall be
notified prior thereto where the keys may be obtained so that the leased
premises may be shown to prospective purchasers or tenants in accordancce with
the foregoing. In the event of failure of Lessee to comply with any of the
provisions of this paragraph, Lessor shall have the option either to consider
this lease automatically extended for a period of one year, upon giving notice
to that effect to lessee, or to hold Lessee responsible for any losses suffered
by such failure.
20. Upon expiration or termination of this lease, Lessee shall surrender
possession of the leased premises immediately to Lessor and if Lessee fails to
do so. Lessee shall be liable for any and all losses or damages suffered by
Lessor, who shall have the right, but shall not required, to claim as such
losses or damages an amount equal to five (5) times the rent per day for each
day during which Lessee fails to so surrender possession of the leased premises.
if Lessor allows
Exhibit (10.3)-p 3
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EXHIBIT SECTION
EXHIBIT (10.3)
Lessee to remain In the leased premises after expiration or termination of this
lease, doing so shall not be construed as a reconduction of this lease.
21. Lessee shall not have the right to sublease the leased premises, in
whole or in part, or to assign this lease or grant use of the leased promises to
others, without the prior written consent of Lessor and any such sublease shall
contain all the provisions of this lease to the extent applicable. Any such
subleasing or assignment shall be handled by Xxx, Xxxxxxx & Co. and Lessee shall
pay to Xxx Xxxxxxx & Co. for such handling, at Lessee's options, either (a) a
cash commission in the amount of 6% of the gross rents payable during the entire
term of such sublease or the remaining term of such assigned tease on tents up
to $100,000.00 and 4% on rents in excess of $100,000.00. which commission shall
be paid In full upon execution of such sublease or assignment, plus a commission
of like amount on any percentage rents due under such sublease or assigned tease
(such figure of $100,000.00 to apply to the aggregate of all rents), to be paid
when such percentage rents become due, or (b) a commission of 8% of the gross
rents payable during the entire term of such a sublease or the remaining term of
such assigned lease, including any percentage, rents payable thereunder, such
commission to be paid if, as and when such rents are actually collected, in
which case such rents shall be collected by Xxx Xxxxxxx & Co.
22. No auction sales, or other sales not in the ordinary course of Lessee's
business, shall be conducted on the leased premises, without the prior written
consent of Lessor.
23. If the leased premises are destroyed, or damaged to an extent so as to
render them wholly unfit for the purposes for which they are leased, by fire or
other perils which would be covered by fire and extended coverage insurance,
this lease shall automatically terminate, provide such destruction or damage is
not caused by the neglect or design of Lessee. If, however, the leased premises
are damaged by fire or such other perils and can be repaired within one hundred
twenty (120) days after the date of such fire or other casualty caused by such
other perils this lease shall hot terminate and Lessor shall give notice to
Lessee. within thirty (30) days after such fire or such other casualty. that
Lessor will repair such damage, at Lessor's cost, within said one hundred and
twenty (120) day period. in which case Lessee shall be entitled to a reduction
or remission of rent such as shall be just and proportionate, but shall not be
entitled to any other damages; provided that if Lessor falls to complete such
repairs within said one hundred and twenty (120) day period. because of causes
not due to the fault or design of Lessor. this lease shall not terminate and
Lessee shall not be entitled to damages, but shall be entitled only to a further
just and proportionate reduction or remission of rent.
24. If Lessee shall fail to pay any installment of rent or shall fail to
Comply with any other provision of this lease, within ten (10) days after notice
by Lessor or Xxx Xxxxxxx & Co, to Lessee, provided that notice need not be given
with regard to nonpayment of rent after such notice has been given twice during
the period of this lease, or should lessee abandon the leased premises or
discontinue the use of the leased premises for the purposes for which rented or
remove any property on which lessor enjoys a Lessor's lien or should Lessee make
an assignment for the benefit of creditors or file a voluntary petition in
bankruptcy or be adjudicated a bankrupt in an involuntary proceeding or apply
for any other relief under the laws of the United States relating to bankruptcy
or State laws relating to insolvency or should a receiver or other custodian be
appointed for any of Lessee's property, then, in any of such events,
Exhibit (10.3)-p 4
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EXHIBIT SECTION
EXHIBIT (10.3)
Lessor shall have the right at Lessors option. without pulling Lessee In default
and without notice of default, (1) to cancel this lease effective immediately or
effective as of any date Lessor may select or (2) to proceed one or more times
for past due installments of rent only, without prejudicing the right to proceed
later for additional installments or to exercise any other remedy, or (3) to
declare the unpaid rent for the whole unexpired term of this lease immediately
due and eligible and at once demand and receive payment of the same or (4) to
have recourse to any other remedy or mode of redress to which Lessor may be
entitled by taw. In the event Lessor exercises the right to cancel this lease.
then (a) Lessor shall have the right. as soon as said cancellation Is effective,
to re-enter the leased premises and re-let the same for such price and on such
terms as may be immediately available, without notice or court proceedings.
Lessee hereby assenting thereto and expressly waiving any notice to vacate, and
(b) Lessee shall be and remain liable not only for all rent payable to the date
such cancellation becomes effective, but also for all damage or loss suffered by
lessor (or the remaining term of this lease resulting from such cancellation.
Failure of Lesssor to exercise the rights granted herein shall not be construed
as a waver of such rights and no indulgence by Lessor shall be construed as a
waiver of any rights herein granted.
25. Should an attorney be engaged by Lessor to enforce payment of the rent
due under this lease or to protect any of the interests of Lessor hereunder,
with or without judicial proceedings. Lessee agrees to pay Lessor the reasonable
fee of such ATTORNEY, which fee is hereby FIXED, if the collection of money is
involved, at 25% of the amount of such money, such fee in no event to be less
than $100.00, and Lessee also agrees to pay all court costs and other expenses
incurred by Lessor.
26. If Lessor sells or otherwise disposes of the leased premises and the
purchaser or transferee expressly covenants and agrees to assume all of the
covenants conditions and stipulations of this lease and to comply with and be
bound thereby. Lessor shall thereupon be released from all liability thereafter
arising under this lease and thereafter all liability hereunder shall rest upon
such purchaser or transferee.
27. Any notice to be given under this lease by Lessor or Xxx Xxxxxxx & Co.
to Lessee shall be considered as duly given, whether received or not, it made in
writing, addressed to lessee and mailed by registered or certified mail to
Lessee at the leased premises. Any notice to be given under this lease by Lessee
to Lessor shall be considered as duly given, whether received or not, if made in
wilting, addressed to Lessor and mailed by registered or certified mail to
Lessor at tile place where rent is required to be paid under this lease as above
provided. Either Lessor or Lessee may change the designated place to which
written notice may be sent. by so advising the other, in writing, by registered
or certified mail. at the places designated in this lease or such place as may
have been subsequently designated In accordance with this paragraph.
28. Lessor agrees to pay to Xxx Xxxxxxx & Co. for negotiating this lease,
at Lessor's option, either (a) a cash commission of 6% of the gross rents due
under this lease up to $100,000,00 and 4% of such rents in excess of
$100.000.00, such commission to be paid in full upon execution of this lease,
plus a commission of like amount on any percentage rents payable under this
lease (such figure of $100,000 00 to apply to the Aggregate of all rents), to be
paid when such percentage rents become due, or (b) a commission of 8% of the
gross rents due under this lease, including any percentage rents payable
hereunder, such commission to be paid if, as and when rents are actually
collected, in which case such rents shall be collected by Xxx Xxxxxxx
Exhibit (10.3)-p 5
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EXHIBIT SECTION
EXHIBIT (10.3)
& Co.: provided that if this lease is cancelled or terminated, by mutual
agreement of Lessor and lessee. without the written consent of Xxx Xxxxxxx & Co.
and the commission on rents payable during the unexpired term thereof has not
been paid in full, Lessor shall immediately upon such cancellation or
termination. pay to Xxx Xxxxxxx & Co. a commission of 6% of such rents up to
$100,000 and 4% of such rents in excess of $100,000.00. Lessor, further agrees
to pay Xxx Xxxxxxx & Co, a commission of like amount and payable in like manner
and under like conditions, on the gross rents, including any percentage rents,
due under any and all renewals or extensions of this lease and any and all new
leases hereafter made with Lessee or any affiliate, nominee or representative of
Lessee. covering the leased premises or any part thereof.
29, If the property covered by this lease is to be managed by Xxx Xxxxxxx &
Co, a management agreement on the form of Management Agreement currently in use
by Xxx Xxxxxxx & Co, shall be executed. If such management agreement is
executed, the provisions of the immediately preceding paragraph hereof shall not
apply.
30. Lessor agrees that if the property covered by this lease is sold or
transferred during the term hereof or during the term of any renewal or
extension hereof or during the term of any new lease hereafter entered into as
above mentioned, Lessor will either pay any and all unpaid rental commissions to
which Xxx Xxxxxxx & Co. is entitled as hereinabove provided or will have the
purchaser on transferee assume the payment thereof. If the purchaser or
transferee does not assume payment of all of said unpaid commissions, Lessor (a)
will, upon the sale or transfer of said property, pay to Xxx Xxxxxxx & Co. a
commission of 6% of the rents payable during the remaining term of this lease or
any renewal or extension thereof or such new lease, as the case may be, up to
rents totaling $100,000.00 and 4% of such rents in excess of $100,000.00 and (b)
will, upon execution of any renewal or extension of this lease subsequent to
said sale or transfer, pay to Xxx Xxxxxxx & Co. a commission of 4% of the rents
payable under such extension or renewal up to $100,000.00 and 4% of such rents
in excess of $100,000.00 and (c) will. upon execution of any new lease with
Lessee or affiliate. nominee or representative of Lessee, subsequent to said
sale or transfer, covering the leased premises or any part thereof. pay to Xxx
Xxxxxxx & Co, a commission of 6% of the rents payable under such new lease up to
100,000.00 and 4% of such rents in excess of $100,000.00 provided that as to
(a), (b) and (c). the commission on any percentage rents shall be paid when such
percentage rents become due.
31. If the property covered by this lease is at any time sold to Lessee or
any sublessee or assignee of this lease, or any affiliate, nominee or
representative of any of them (including a sale pursuant to an option or
agreement contained in this lease), Lessor shall pay to Xxx Fellman& Co. a
commission of 6% of the sale prices up to $100,000.00 and 4% of the sale price
in excess of $100,000.00. Xxx Xxxxxxx & Co. shall receive in full such
commission and there shall be no participation with regard thereto with any
other real estate agent or broker. The provisions or this paragraph shall also
apply to any exchange of properties made with Lessee or any subleases or
assigoec of this lease. or any affiliate nominee or representative of any of
them, involving the property covered by this lease and said commission shall be
based on the then value of said property.
32. Lessee has deposited with Xxx Xxxxxxx & Co., as agent of Lessor. the
sum of $ N/A
Exhibit (10.3)-p 6
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EXHIBIT SECTION
EXHIBIT (10.3)
which is pledged to secure the faithful performance of all obligations of Lessee
under this lease. Said deposit shall be non-interest bearing, Said deposit shall
not be released until this lease has terminated and it has been determined by
Xxx Xxxxxxx & Co. that Lessee has complied with all of Lessee's obligations
under this lease.
33. Failure of Lessor to require strict performance by Lessee of any of the
covenants, provisions or conditions of this lease, on one or more occasions,
shall not constitute a waiver by Lessor of the right thereafter to require
strict compliance with said convenants, provisions and conditions.
34. Xxx Xxxxxxx & Co, shall not be obligated to record this lease.
35. This lease shall be deemed to be a contract made under the laws of the
State of Louisiana and shall be construed in accordance with and governed by the
laws of the State of Louisiana and ordinances of the municipality and parish
where the leased premises are situated and the rules and regulations of their
duly constituted authorities.
36. If there is a conflict between the printed portions and the typewritten
portions of this lease the typewritten or handwritten portion shall prevail.
37. All of the provisions contained herein shall be binding upon and shall
inure to the benefit of Lessor and Lessee. their heirs executors.
administrators, successors and assigns (as the case may be), and all of the
provisions contained herein granting rights to Xxx Xxxxxxx & Co. shall inure to
the benefit of any may be enforced by Xxx Xxxxxxx & Co.. its successors or
assigns.
38. The whole agreement between the parties hereto is set forth in this
instrument and they shall not be bound by any agreements, conditions,
understandings or representations otherwise than are expressly stipulated and
set forth herein or in any amendments hereto.
Dated 9-27-00
Xxxx X. Xxxxxx
For value received and to induce the lessor or lessors (hereinafter
referred to as lessor") to enter into the foregoing lease, the undersigned
hereby makes himself or itself a party to said lease and binds himself or itself
in solido with the lessee or lessees under said lease (hereinafter referred to
as "Lessee") for the faithful performance and fulfillment by Lessee of all of
Lessee's agreements and obligations contained in said lease and guarantees to
Lessor and Lessors heirs, executors. administrators, successors and assigns (as
the case may be), the punctual payment of all rents Clue under said lease and
the performance of all other agreements and obligations of Lessee contained in
said lasso, the undersigned consenting to extensions of payment of rent by
Lessor and other indulgences by Lessor to Lessee and amendments and
modifications of said lease entered into between Lessor and Lessee and waiving
any and all requirements of notice of non-payment. demand, non-performance or
dishonor and all other requirements of law.
Exhibit (10.3)-p 7
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EXHIBIT SECTION
EXHIBIT (10.3)
"RIDER"
To pay punctually all City, State and Federal Taxes, or any other taxes except
income and inheritance taxes, which may be levied or assessed against the
property, and to deliver to Lessor all. Tax receipts for xxxx.Xx maintain during
the term of this lease, at Lessee's expense, insurance in solvent companies,
doing business in the State of Louisiana, in the joint names of
Lessor and Lessee against:, Fire and extended coverage to the full insurable
replacement value of the building; 0. L. & T. liability in the amount of not
less than $1,000,000.00 Sprinkler insurance in the amount of as required.
Privilege is hereby granted to Lessee to sub-lease the premises in whole or in
part to party or parties subject to the approval of Lessor or Lessor's agent,
which approval shall not be unreasonably withheld.Lessee, at Lessee's own cost
arid expense, is hereby granted the right or privilege to make repairs,
alterations and/or improvements to the herein leased premises necessary for the
proper conduct of Lessee's business; however, no structural, changes are to be
made without the written consent of Lessor. Said repairs, alterations and/ox
improvements are to be done in a thoroughly workmanlike manner and in accordance
with the City Building Code and the rules and regulations of the Louisiana
Rating & Fire Prevention Bureau and other similar bureaus that may be in
existence at the time.
It is understood and agreed that Lessee is to remain responsible for any and all
damages caused to the roofs of the buildings known as Nos. 740 and 000
Xxxxxxxxxx Xxxxxx occasioned by the installation and maintenance of the air
conditioning water towers.
This is an extension or renewal of a lease, covering a prior period, bearing on
the same premises and it is agreed and understood by the parties hereto that any
default or violation by Lessee in any obligation or condition of the lease,
covering the prior period, shall constitute a default or violation under the
within lease. And, further it is agreed and understood that any default,
violation, condition or, circumstance that would terminate or annul the lease,
covering such prior period, bearing on the same premises would likewise
terminate or annul this lease.
Attached to and forming part of lease made by and between X. Xxxxx Xxxxxx et al,
and X. X. Xxxxx Printing Co.
Dated: Xxxxxxx Printing DSA Upton Printing
Xxxx X. Xxxxxx, Vice-president
X. Xxxxx Gomila, President
Xxx Xxxxxxx & Co.-Agents for
X. Xxxxx Gomila etal
Exhibit (10.3)-p 8
