SUBLEASE AGREEMENT
The parties agree as follows:
Date of this
Sublease: August ______ 1997
Parties to this Overtenant: Merchants T & F, Inc.
Sublease: Address for notices: 000 Xxxxx Xxxxxx, Xxx Xxxx, X.X.
00000
You, the Undertenant: Xxxx International, Inc.
Address for notices: 000 Xxxxx Xxxxxx, Xxx Xxxx, X.X.
00000
If there are more than one Overtenant or Undertenant,
the words "Overtenant" and "Undertenant" used in this
Sublease includes them.
Information from Landlord: Xxxxxx Xxxxxx
Over-Lease: Address for notices: 000 Xxxxx Xxxxxx, Xxx Xxxx, X.X.
00000
Overtenant: Merchants T & F, Inc.
Address for notices: 000 Xxxxx Xxxxxx, Xxx Xxxx, X.X.
00000
Date of Over-Lease: January 1, 1992
Term: 10 Years from: January 1, 1992 to: December 31, 2001
Term: 1. Monthly Beginning: August 1, 1997
ending: 19
Premises rented: 2. 000 Xxxxx Xxxxxx, Xxx Xxxx, X.X. 00000
Use of premises: 3. The premises may be used for commercial uses, within
the parameters of the Undertenant's business plan
only.
Rent: 4. The rent is $ 2,000 per month. You, the Undertenant,
will pay this rent to the Overtenant in monthly
payments of $ 2,000. Payments shall be paid in
advance on the first day of each month during the
Term. This Lease may be terminated upon the receipt
of Ninety days notice by the Overtenant.
Security: 5. The security for the Undertenant's performance is $
XXXXXXXXXXX. Overtenant states that Overtenant has
received it. Overtenant shall hold the security in
accordance with Paragraph _____ of the Over-Lease.
Agreement to lease 6. Overtenant sublets the premises to you, the
and pay rent: Undertenant, for the Term. Overtenant states that it
has the authority to do so. You, the Undertenant,
agree to pay the Rent and other charges as required
in the Sublease. You, the Undertenant, agree to do
everything required of you in the Sublease.
Notices: 7. All notices in the Sublease shall be sent by
certified mail, "return receipt requested".
Subject to: 8. The Sublease is subject to the Over-Lease. It is also
subject to any agreement to which the Over-Lease is
subject. You, the Undertenant, state that you have
read and initialed the Over-Lease and will not
violate it in any way.
Overtenant's duties: 9. The Over-Lease describes the Landlord's duties. The
Overtenant is not obligated to perform the Landlord's
duties. If the Landlord fails to perform, you, the
Undertenant, must send the Overtenant a notice. Upon
receipt of the notice, the Overtenant shall then
promptly notify the Landlord and demand that the
Over-Lease agreements be carried out. The Overtenant
shall continue the demands until the Landlord
performs.
Consent: 10. If the Landlord's consent to the Sublease is
required, this consent must be received within _____
days from the date of this Sublease. If the
Landlord's consent is not received within this time,
the Sublease will be void. In such event all parties
are automatically released and all payments shall be
refunded to you, the Undertenant.
Adopting the 11. The provisions of the Over-Lease are part of this
Over-Lease and Sublease. All the provisions of the Over-Lease
exceptions: applying to the Overtenant are binding on you, the
Undertenant, except these:
a) These numbered paragraphs of the Over-Lease
shall not apply:
No authority: 12. You, the Undertenant, have no authority to contact or
make any agreement with the Landlord about the
premises or the Over-Lease. You the Undertenant, may
not pay rent or other charges to the Landlord, but
only to the Overtenant.
Successors: 13. Unless otherwise stated, the Sublease is binding on
all parties who lawfully succeed to the rights or
take the place of the Overtenant or you, the
Undertenant. Examples are an assign, heir, or a legal
representative such as an executor of your will or
administrator of your estate.
Changes: 14. This sublease can be changed only by an agreement in
writing signed by the parties to the Sublease.
Signatures: OVERTENANT
/s/ [illegible]
----------------------------
----------------------------
Witness: You, the UNDERTENANT
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/s/ Xxxxxx Xxxxxxxx /s/ [illegible]
-------------------------- ----------------------------
GUARANTY OF PAYMENT WHICH IS PART OF THE SUBLEASE
Date of Guaranty: 19
Guarantor
and address:
Reason for 1. I know that the Overtenant would not rent the
Guaranty: premises to the Undertenant unless I guarantee Under-
tenant's performance. I have also requested the
Overtenant to enter into the Sublease with the
Undertenant. I have a substantial interest in making
sure that the Overtenant rents the premises to the
Undertenant.
Guaranty: 2. The following is my Guaranty: I guaranty the full
performance of the Sublease by the Undertenant. This
Guaranty is absolute and without any condition. It
includes, but is not limited to, the payment of rent
and other money charges.
In addition, I agree to these other terms:
Changes in 3. This Guaranty will not be affected by any change in
Sublease have the Sublease, whatsoever. This includes, but is not
no effect: limited to, any extention of time or renewals. The
Guaranty will be binding even if I am not a party to
these changes.
Waiver of notice: 4. I do not have to be informed about any failure of
performance by Undertenant. I waive notice of non-
payment or nonperformance.
Performance: 5. If the Undertenant fails to perform under the
Sublease, the Overtenant may require me to perform
without first demanding that the Undertenant perform.
Waiver of jury trial: 6. I give up my right to trial by jury in any claim
related to the Sublease or this Guaranty.
Changes: 7. This Guaranty of payment and performance can be
changed only by written agreement signed by all
parties to the Sublease and Guaranty.
Signatures:
GUARANTOR:
WITNESS:
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/s/ Xxxxxx Xxxxxxxx /s/ [illegible]
-------------------------- ----------------------------
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EPA and HUD Lead Paint Regulations, Effective September 6, 1996(1)
Landlords must disclose known lead-based paint and lead-based paint hazards of
pre-1978 housing to tenants(2) Use the following XXXXXXXX LAW PRODUCTS (800 LAW
MART) to comply:
3140 Lead Paint Information Booklet 3141 Lead Paint Lease Disclosure Form
(1) December 6, 1996 for owners of 1 to 4 residential dwellings.
(2) Leases for less than 100 days, 0-bedroom units, elderly and
handicapped housing (unless children live there) and housing found to
be lead-free by a certified inspector are excluded.
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