WARNING: THE XXXXX SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.
GENERAL LEASE
This Lease, executed at Las Vegas, Nevada, this
26 day of February , 2000, by and between
Xxxx Xxxxx &/or Assigns and Atlantic Syndication
Network, Inc. , hereinafter called respectively Lessor and
Lessee.
WITNESSETH: That Lessor hereby leases to Lessee, and Lessee
leases from Lessor, subject to the terms and conditions herein
contained for the purpose of conducting therein Business Offices
and a Production Studio and any other lawful purpose, those
certain premises with the appurtenances thereto situated in
the County of Xxxxx , State of Nevada, and more particularly
described as follows, to-wit: a two-story house, 3,400 square
feet, and unattached building, 1,600 square feet, and accompanying
land located at 0000 Xxxx (southwest corner of Xxxxx Blvd. and
Xxxx).
TERM: The term shall be for five (5) years ,
commencing on the 1st day of March , 2001,
and ending on the 28th day of February ,
200 6 , at the total monthly rent or sum of
$6,850.00 ; $4,930.00 for Office Space (3,400 sq. ft.
@ $1.45 per sq. ft.) and $1,920.00 for Studio Space
(1,600 sq. ft. @ $1.20 per sq. ft.).
Cost of Living Increases- The Lessee agrees to pay
a "Cost of Living"
increase of 3
per cent
per annum.
Option-One (1), Three (3) year term to commence on the
1st day of March , 200 6 , and ending on the 28
th of February , 2009 , "terms and condition" of this
lease to remain in force during the Option period.
It is further mutually agreed between the parties as follows:
POSSESSION: If Lessor, for any reason whatsoever, cannot
deliver possession of the said premises to Lessee
at the
commencement of the said term, as hereinbefore
specified or for a period of 15 days Thereafter
this lease shall not be voided or voidable, nor shall
Lessor be liable to Lessee for any loss or damage
resulting therefrom; but in that event there shall be
a proportionate deduction of rent covering the period
between the commencement of the said term and the time
when Lessor can deliver possession. If the Lessor
cannot deliver possession of said premises within said
30 day Period then this lease at the option of
either party hereto shall be void without liability as
to either of them and all sums paid returned to the
payer.
USES
PROHIBITED: Lessee shall not use, or permit said premises, or
any part thereof, to be used, for any purpose or
purposes other than the purpose or purposes for which
the said premises are hereby leased; and no use shall
be made or permitted to be made of the said premises,
nor acts done, which will increase the existing rate of
insurance upon the building in which said premises may
be located, or cause a cancellation of any insurance
policy covering said building, or any part thereof, nor
shall Lessee sell, or permit to be kept, used, or sold,
in or about said premises, any article which may be
prohibited by the standard form of fire insurance
policies. Lessee shall, at his sole cost and expense,
comply with any and all requirements, pertaining to
said premises, of any insurance organization or
company, necessary for the maintenance of reasonable
fire and public liability insurance, covering said
building and appurtenances.
WASTE
ALTERATIONS: Lessee shall not commit, or suffer to be
committed, any waste upon the said premises, or
premises, or any nuisance, or other act. Lessee shall
not make, or suffer to be made, any alterations of the
said premises, or any part thereof, without the written
consent of Lessor, except as permitted in section,
"Leasehold Improvement", first had and obtained, and
any additions to, or alterations of, the said premises,
except movable furniture and trade fixtures, shall
become at once a part of the realty and belong to
lessor.
LEASEHOLD
IMPROVEMENTS: Lessor shall permit the Lessee to make the
necessary alterations to transform the leased
premise into a property that is suitable for the
designated purposes as defined in "Paragraph 2" on page
one; all Leasehold Improvements shall be approved in
writing by the Lessor prior to their implementation.
It is further agreed that the Lessor will make
adjustments to the monthly rent, $500.00 per month
, to off-set the costs of leasehold Improvements up
to $30,000.00 .
The Lessee agrees to correct at the end of the lease,
any alterations to the leased premises that the Lessor
may deem to cause a devaluation in the property value.
These corrections will be made by the Lessee at its
sole expense. However, it is the responsibility of the
Lessor to provide evidence of original condition, in
order for the Lessee to be required to make any
necessary corrections.
ABANDONMENT: Lessee shall not vacate or abandon the premises at
any time during the term; and if Lessee
shall abandon, vacate or surrender said premises, or be
dispossessed by process of law, or otherwise, title to
any personal property belonging to Lessee and left on
the premises shall be deemed to be transferred to the
Lessor and the market value thereof at the date of such
abandonment shall be applied by the Lessor to the
reduction of any sums due the Lessor by the Lessee by
virtue of terms and conditions of this Lease.
REPAIRS: Lessee shall, at its sole cost, keep and maintain said
premises and appurtenances and every part thereof,
including glazing, sidewalks adjacent to said premises
and interior of the premises in good and sanitary
order, condition and repair. By entry hereunder,
Lessee accepts the premises as being in good and
sanitary order, condition and repair and agrees on the
last day of said term, or sooner termination of this
lease, to surrender unto Lessor all and singular said
premises with said appurtenances in the same condition
as when received, reasonable use and wear thereon and
damage by fire, act of God or by the elements excepted,
and to remove all of Lessee's signs from said premises.
The Lessor shall maintain the exterior structural
integrity of the buildings and pass these costs on to
the Lessee as part of the CAM (Common Area Maintenance)
charges.
FREE FROM
LIENS: Lessee shall keep the demised premises and the
property on which the demised premises are
situated, free from any liens arising out of any
work performed, materials furnished, or
obligations incurred by Lessee, and Lessee shall
give written notice to the Lessor 15 days prior to
any construction, alteration or repair which is to
cost more than $1,000.00 .
INDEMNIFICATION
OF LESSOR Lessee, as a material part of the consideration to be
rendered to Lessor, hereby waives all claims against
Lessor for damages to goods, wares and merchandise, in,
upon or about said premises and for injuries to persons
in or about said premises, from any cause arising at
any time, and Lessee will hold Lessor exempt and
harmless from any damage or injury to any person, or to
the goods, wares and merchandise of any person, arising
from the use of the premises by Lessee, or from the
failure of Lessee to keep the premises in good
condition and repair, as herein provided.
UTILITIES: Lessee shall be responsible for all the utilities.
Except for the telephone, all utilities will be
paid by the Lessor and the cost passed on to the
lessee; this to insure the integrity of the
property is maintained. The telephone charges
will be paid directly by the Lessee.
ENTRY BY
LESSOR: Lessee shall permit Lessor and/or his agents to enter
into and upon said premises at all reasonable times for
the purpose of inspecting the same or for the purpose
of maintaining the building in which said premises are
situated. Lessee shall permit Lessor, at any time
within thirty days prior to the expiration of this
lease, to place upon said premises any usual or
ordinary "to let" or "to lease" signs.
DESTRUCTION
OF PREMISES: In the event of a partial destruction of the said
premises during the said term, from any
cause, Lessor shall forthwith repair the same, provided
such repairs can be made within sixty (60) days under
the laws and regulations of State, Federal, County or
Municipal authorities, but such partial destruction
shall in no wise annul or void this lease, except that
Lessee shall be entitled to proportionate deduction of
rent while such repairs are being made, such
proportionate deduction to be based upon the extent to
which the making of such repairs shall interfere with
the business carried on by Lessee in the said premises.
If such repairs cannot be made in sixty (60) days,
Lessor may, at his option, make same within a
reasonable time, this lease continuing in full force
and effect and the rent to be proportionately rebated
as aforesaid in this paragraph provided. In the event
that Lessor does not so elect to make such repairs
which cannot be made in sixty (60) days, or such
repairs cannot be made under such laws and regulations,
this lease may be terminated at the option of either
party. In the event that the building in which the
demised premises may be situated is destroyed to the
extent of not less than 33 1/3 % of the replacement
cost thereof, Lessor may elect to terminate the lease,
whether the demise premises be injured or not. A total
destruction of the building in which the said premises
may be situated shall terminate this lease. In the
event of any dispute between Lessor and Lessee relative
to the provisions this paragraph, they shall each
select an arbitrator, the two arbitrators so selected
shall select a third arbitrator and the three
arbitrators so selected shall hear and determine the
controversy and their decision thereon shall be final
and binding upon Lessor and Lessee, who shall bear the
cost of such arbitration equally between them.
ASSIGNMENT AND
SUBLETTING: Lessee shall not assign this lease, or any
interest therein, and shall not sublet the said
premises or
any part thereof, or any right or privilege appurtenant
thereto, or suffer any other person (the agents and
servants of Lessee excepted) to occupy or use the said
premises, or any portion thereof, without the written
consent of Lessor first had and obtained, and a consent
to one assignment, subletting, occupation or use by any
other person, shall not be deemed to be a consent to
any subsequent assignment, subletting, occupation or
use by another person. Any such assignment or
subletting without such consent shall void, and shall,
at the option of Lessor, terminate this lease. This
lease shall not, nor shall any interest therein, be
assignable, as to the interest of Lessee, by operation
of law, without the written consent of Lessor.
INSOLVENCY OR
BANKRUPTCY: Either (a) the appointment of a receiver (except
a receiver mentioned in section
"RECEIVERSHIP" hereof) to take possession of all of the
assets of Lessee, or (b) a general assignment by Lessee
for the benefit of creditors, or (c) any action taken
or suffered by Lessee under any insolvency or
bankruptcy act shall constitute a breach of this lease
by Lessee.
DEFAULT: In the event of any breach of this lease by Lessee,
then Lessor shall retain all advance rentals and or
security deposits as partial liquidated damages without
waiving or otherwise restricting any or all of Lessor's
rights herein provided nor shall the same constitute an
election on Lessor's part of the remedies available
herein or as otherwise provided by law. Besides other
rights or remedies Lessor may have, he shall have the
immediate right of re-entry and may remove all persons
and property from the premises: such property may be
removed and stored in a public warehouse or elsewhere
at the cost of, and for the account of Lessee. Should
Lessor elect to re-enter, as herein provided, or should
he take possession pursuant to legal proceedings or
pursuant to any notice provided for by law, he may
either terminate this lease or he may from time to
time, without terminating this lease, re-let said
premises or any part thereof for such term or terms
(which may be a term extending beyond the term of this
lease) and at such rental or rentals and upon such
other terms and conditions as Lessor in his sole
discretion may deem advisable with the right to make
alterations and repairs to said premises: upon each
such re-letting (a) Lessee shall be immediately liable
to pay Lessor, in addition to any indebtedness other
than rent due hereunder, the cost and expenses of such
re-letting and of such alterations and repairs,
incurred by Lessor, and the amount, if any, by which
the rent reserved in this lease for the period of such
re-letting; or (b) at the option of Lessor rents
received by such Lessor from such re-letting shall br
applied: first, to the payment of any indebtedness,
other than rent due hereunder from Lessee to Lessor;
second, to the payment of any costs and expenses of
such re-letting and of such alterations and repair;
third, to the payment of rent due and unpaid hereunder
and the residue, if any, shall be held by Lessor and
applied in payment of future rent as the same may
become due and payable hereunder. If Lessee has been
credited with any rent to be received by such re-
letting under option (a) and such rent shall not be
promptly paid to Lessor by the new tenant, or if such
rentals received from such re-letting under option (b)
during any month be less than that to be paid during
that month by Lessee hereunder, Lessee shall pay any
such deficiency to Lessor. Such deficiency shall be
calculated and paid monthly. No such re-entry or
taking possession of said premises by Lessor shall be
construed as an election on his part to terminate this
lease unless a written notice of such intention be
given to Lessee or unless the termination thereof be
decreed by a court of competent jurisdiction.
Notwithstanding any such re-letting without
termination, Lessor may at any time thereafter elect to
terminate this lease for such previous breach. Should
Lessor at any time terminate this lease for any breach,
in addition to any other remedy he may have, he may
recover from Lessee all damages he may incur by reason
of such breach, including the cost of recovering the
premises, and including the worth at the time of such
termination of the excess, if any, of the amount of
rent and charges equivalent to rent reserved in this
lease for the remainder of the stated term over the
then reasonable rental value of the premises for the
remainder of the stated term; all of which amounts
shall be immediately due and payable from Lessee to
Lessor.
SURRENDER
OF LEASE: The voluntary or other surrender of this lease by
Lessee, or a mutual cancellation thereof, shall not
work a merger and shall, at the option of Lessor,
terminate all or any existing sublease or sub-
tenancies, or may, at the option of Lessor, operate as
an assignment to him of any or all such subleases or
sub-tenancies.
ATTORNEY'S
FEES: In case suit shall be brought for an unlawful use
of the said premises, for the recovery of any rent
due under the provisions of this lease, or because
of the breach of any other covenant herein
contained, on the part of Lessee to be kept or
performed, Lessee shall pay to Lessor a reasonable
attorney's fee.
RECEIVERSHIP: If a receiver or keeper appointed (at the instance
of Lessor in any action against Lessee) to
take possession of said premises and/or to collect the
rents or profits derived therefrom, the receiver, or
keeper may, if it be necessary or convenient in order
to collect such rents and profits, conduct the business
of Lessee then being carried on in said premises and
may take possession of any personal property belonging
to Lessee and used in the conduct of such business, and
may use the same in conducting such business on the
premises without compensation to Lessee for such use.
Neither the application for the appointment of such
receiver, or keeper, nor the appointment of such
receiver, or keeper, shall be construed as an election
on Lessor's part to terminate this lease unless a
written notice of such intention is given to Lessee.
NOTICES: All notices to be given to Lessee may be given in
writing personally or by depositing the same in the
United States mail, postage prepaid, and addressed to
Lessee at the said premises, whether or not Lessee has
departed from, abandoned or vacated the premises. All
notices to be given the Lessor shall be given in
writing, mailed to the Lessor, postage prepaid, to the
address hereinafter set forth.
TRANSFER OF
SECURITY: If any security be given by Lessee to secure the
faithful performance of all or any of the covenants of
this lease on the part of Lessee, Lessor may transfer
and/or deliver the security, as such, to the purchaser
of the reversion, in the event that the reversion be
sold, and thereupon Lessor shall be discharged from any
further liability in reference thereto.
WAIVER: The waiver by Lessor of any breach of any term,
covenant or condition herein contained shall not be
deemed to be a waiver of such term, covenant or
condition or any subsequent breach of the same or any
other term, covenant or condition therein contained.
The subsequent acceptance of rent hereunder by Lessor
shall not be deemed to be a waiver of any preceding
breach by Lessee of any term, covenant or condition of
this lease, other than the failure of Lessee to pay the
particular rental so accepted, regardless of Lessor's
knowledge of such preceding breach at the time of
acceptance of such rent.
SUBLEASING: The provision against subletting elsewhere
contained in this lease shall not prohibit Lessee
from concessions for the operation of one or more
departments of the business conducted in or upon
the demised premises, provided, however, that (a)
each such concession which may be granted by
Lessee shall be subject to all the terms and
provisions of this lease, (b) all of the
provisions hereof applying to the business of
Lessee shall apply to each such concession, and
(c) the majority in number and the major portion
in volume of business of the departments in or
upon the demised premises, including concession
granted by Lessee, shall at all times belong to
and be operated by Lessee.
INSURANCE: Lessee shall at all times during the term of this
lease carry: public liability insurance covering
the demised premises and its appurtenances and the
sidewalks fronting thereon, in an amount of not
less than One Million ($1,000,000) Dollars for
injury to and/or death of any one person in any
one accident. The Lessee will name the Lessor as
an "additional insured" on all policies that
pertain to the said premises and provide a
duplicate certificate to the Lessor.
LEASE
DEPOSIT: Lessee has, contemporaneously with the execution of
this lease, and in addition to the minimum cash rental
for the first and last months rental as set forth in
this lease, and a Security Deposit of Five Thousand
($5,000) Dollars of which is hereby acknowledged by
Lessor, said sum being hereinafter referred to as the
"Deposit Amount". The Deposit Amount shall be held by
Lessor as security for the faithful performance by
Lessee of all of the terms, covenants and conditions of
this lease by Lessee to be kept and performed during
the term thereof. If at any time during the term of
this lease any of the rent herein reserved shall be
overdue and unpaid, or any other sum payable by Lessee
to Lessor hereunder shall be overdue and unpaid, the
Lessor may at its option (but Lessor shall be required
to) appropriate and apply any portion of the Deposit
Amount to the payment of any such overdue rent or other
sum. In the event of the failure of Lessee to keep and
perform all of the terms, covenants and conditions of
this lease to be kept and performed by Lessee, then, at
its option, Lessor may after terminating this lease
appropriate and apply the entire Deposit Amount, or so
much thereof as may be necessary, to compensate Lessor
for all loss or damage sustained or suffered by Lessor
due to such breach on the part of Lessee. Should the
entire Deposit Amount, or any portion thereof, be
appropriated and applied by Lessor for the payment of
overdue rent or other sums due and payable to Lessor by
Lessee hereunder, then Lessee shall, upon the written
demand of Lessor, forthwith remit to Lessor a
sufficient amount in cash to restore said security to
the original Deposit Amount, the Lessee's failure to do
so within five (5) days after receipt of such demand
shall constitute a breach of this lease. Should Lessee
comply with all of said terms, covenants, and
conditions and promply pay all of the rental herein
provided for as it falls due, and all other sums
payable by Lessee to Lessor hereunder, the Deposit
Amount shall be returned in full to Lessee without
interest at whichever of the following dates shall be
applicable under the circumstances: (a) the end of the
term of this lease; (b) the termination of this lease
in the event Lessee should hold over under section
SUBLEASING hereof or (c) the earlier termination of the
lease under the provisions of section DESTRUCTION OF
PREMISES hereof.
EQUIPMENT: The Lessor has installed mechanical equipment for
the heating and cooling of the premises. The
Lessee agrees to pay all utility bills for the
operation of the premises and maintain the
mechanical heating and cooling equipment at
Lessee's expense.
TAXES: Lessor shall be responsible fore all real property
taxes and assessments which shall pertain to the real
property located at the site of the premises hereby
leased; and Lessee shall pay all taxes on the personal
property and trade fixtures located on the leased
premises.
VACATING
PREMISES: Upon leaving premises, the Lessee agrees to leave the
premises in an orderly manner, in as good order and
condition as a reasonable amount of wear and use
thereof will permit (damage by the elements excepted).
All fixtures attached to said premises by said Lessee,
except trade fixtures installed by Lessee at it's
expense in any manner during the term hereof shall
become the property of the Lessor.
SUCCESSORS
AND ASSIGNS: The covenants and conditions herein contained
shall, subject to the provisions as to
assignment, apply to and bind the heirs, successors,
executors, administrators and assigns of all of the
parties hereto, and all of the parties hereto shall be
jointly and severally liable hereunder.
TIME: Time is of the essence of this lease.
MARGINAL
CAPTIONS: The captions in the margins of this lease are for
convenience only and are not a part of this lease and
do not in any way limit or amplify the terms and
provisions of this lease.
IN WITNESS WHEREOF, Lessor and Lessee have executed
these presents, the day and year first above written.
LESSOR LESSEE
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