THIS LEASE IS NOT TO BE CONSTRUED AS AN OFFER
AND IS NOT BINDING ON
BARRISTER EXECUTIVE SUITES, INC.
UNTIL IT IS SIGNED BY AN OFFICER OF
BARRISTER EXECUTIVE SUITES, INC.
LEASE AGREEMENT
THIS LEASE is made on August 28, 1997 between Barrister Executive
Suites, Inc., a California Corporation, (hereinafter referred to as "Lessor")
and
Aspac Communications, Inc.
(hereinafter referred to as "Lessee").
Lessor has entered into a master lease for the floor (the "Suite")
described below:
Floor or Suite Number: 12TH FLOOR OR SUITE 1200
Name of Building: TWO CENTURY PLAZA
Address: TWO CENTURY PARK EAST
City and State: XXX XXXXXXX,
XXXXXXXXXX 00000
This Lease is subordinate to the lease with the Building ("Master Lease"),
dated October 9, 1992 (as amended). See Paragraph 10.
Lessee desires to lease from Lessor a certain portion of the Suite for the
purpose of conducting Lessee's business together with rights in common to
the "common areas" of the Suite.
In consideration of the covenants and promises each to the other made
herein, the parties hereto agree as follows:
1. LEASED PREMISES. Lessor agrees to lease to Lessee and
Lessee agrees to lease from Lessor portions of the Suite described below
(the "Premises") and on the floor plan attached hereto as Exhibit A. In
addition to the exclusive use of the Premises, Lessee shall have the non-
exclusive right in common with Lessor's other lessees to use all common
areas and facilities available in the Suite. Except as otherwise agreed to in
writing, Lessee takes the Premises in an "as is" condition.
(a) Office No(s). 24
(b) Desk Space No(s). N/A
Lessee shall be prohibited from using or occupying any premises other
than those premises designated in the Lease as the Premises. In the event
that Lessee uses or occupies any space other than the Premises without
Lessor's written consent, Lessee shall pay Lessor a sum designated by
Lessor for the unauthorized use of said Premises.
2. TERM. Except as it may be modified by the applicable provisions
of this
Agreement, the term of this Lease shall be for a period of * year,
commencing on September 1, 1997, and expiring on February 28, 1998,
unless terminated sooner pursuant to paragraph 10.c of this Lease. If the
term commences on
a day other than the first of the month, the term shall expire on the last day
of the month
identified herein.
In the event the Premises are not ready for occupancy on the
commencement date, this Lease shall remain in full force and effect
provided Lessor makes the Premises available for occupancy with forty-five
(45) days of the scheduled commencement date. In such case, all rent shall
be abated until Lessor makes the Premises available for occupancy. Lessor
shall not be liable to Lessee for any loss or damage arising from any delays:
Lessee's sole remedy shall be the right to cancel this Lease in the event
Lessor fails to deliver possession of the Premises as set forth herein. Lessee
is advised that any floor plans provided by Lessor are not to scale, the
measurements are not always accurate, and the Premises are not always
built exactly as shown on the floor plans.
Either party may terminate this Lease at the expiration date set forth
herein by given thirty (30) days advance written notice effective on the
expiration date set forth on page one (1) of this Lease. If neither party sends
written notice of termination to the other party thirty (30) days in advance
of the expiration date, this Lease shall automatically become a month-to-
month agreement requiring at least thirty (30) days advance written notice
to terminate the Lease, effective the end of the month. If the Lease has
expired and become a month-to-month agreement, or if the original term of
the Lease is month-to-month , thirty (30) days advance written notice of
termination is required, and any such termination shall only be effective the
end of the month. For Example: If written notice of termination is received
by either party by the first working day of the month, any such notice shall
be effective at the end of that same month. If written notice of termination
is received by either party after the first working day of the month, any
such notice shall not be effective until the end of the following month.
Lessor's rent increase notice is not to be construed as a termination notice.
3. RENT, Lessee agrees to pay Lessor as rental for the Premises the
following monthly sums:
$ 1,600.00 Office(s)
$ -0- Desk Space(s)
$ 1,600.00 Total monthly rent
The above rent shall apply during the first six (6) full calendar months
of the term of this Lease only. In addition to the above rent, Lessee shall be
obligated to pay rent for any space within the Suite which Lessee occupies
but which is not included in the Premises (the "unrented space"). Lessee's
obligation for said unrented space shall be at the rate set forth in Lessor's
written notice to Lessee concerning Lessee's occupancy of the unrented
space. Lessees's obligation to pay rent for the unrented space shall be
effective as of the day in which Lessor gives Lessee written notice of the
rent to be paid for said space, and occupancy of the unrented space shall be
subject to all terms and conditions of this Lease.
The terms and conditions of this Lease are confidential, and Lessee agrees
not to reveal said terms and conditions to any third parties. Lessee's
disclosure of the terms and conditions of this Lease shall be cause for
Lessor at Lessor's sole discretion to immediately terminate this Lease, or
adjust Lessee's rental rates to Lessor's current asking price.
Rent shall be payable on or before the first day, of each and every calendar
month during the term hereof. If the term commences on a day other than
the first day of the calendar month, rent shall be prorated based on the
portion of the calendar month remaining. Lessee's first payment shall
include one mont's full rent plus the security deposit.
In addition to payment of the rent set forth herein, Lessee agrees to the
following: from the payment made by Lessee, Lessor shall first apply such
sums as are necessary to meet any of Lessee's outstanding obligations to
Lessor. Said obligation may arise from matters such as services Lessor
provides Lessee. Any remaining balance shall then be applied to Lessee's
rent obligation in the amount set forth above. In the event such remaining
balance is not sufficient to meet Lessee's rental obligation, Lessee shall pay
upon written demand by Lessor any remaining sums due. Failure to pay
said sums when so demanded shall constitute an event of default under this
Lease.
Any and all sums Lessee is obligated to pay under the terms of this
Lease shall be construed as rent obligations in addition to the monthly rent
set forth herein. Such additional rent shall include a service charge of
Twenty-Five Dollars ($25.00) for each of Lessee's dishonored checks
returned by the institution on which said checks are drawn. If at any time
during the term of this Lease Lessee has tendered payment by check and
Lessee's bank returns more than one such payment for any reason including
insufficient funds, Lessor may, at its option, require all future payments be
made by cashier's check. A Two Hundred Dollar ($200.00) handling charge
for each Three Day Notice or Notice of Termination of Services which
Lessor is required to serve upon Lessee due to the Lessee's failure to make
timely rent payments or breach of any other term or condition of this Lease
shall be assessed against Lessee to be paid with the monthly rent in the
event more than one of either notice is served during the term of the Lease.
Should Lessee not tender payment of the rent by the first (1st) day of each
month, a late charge shall be assessed in an amount of five cents ($0.05) for
each dollar ($1.00) so overdue for the purpose of defraying the expense
incident to handling such delinquent payment. In addition, Lessor may
discontinue any and all services provided Lessee, including, but not limited
to, use of all common areas, e.g., library and conference room, telephone
answering service, photocopying, word processing and legal research.
Lessee hereby releases Lessor, its employees, agents, principals and
contractors from any liability for damages which Lessee may suffer as a
result of Lessor's suspension of services for the reasons stated herein.
4. SECURITY DEPOSIT. Upon execution of this Lease by Lessee,
Lessee will pay a security deposit in an amount of $2,400.00 which is equal
to one and one-half (1 1/2) times the monthly rent, as security for the
performance by Lessee of its obligations under this Lease. The security
deposit will not be interest-bearing to Lessee. Lessor will retain the security
deposit during Lessee's tenancy. Lessee shall not apply the security deposit
as rent. If Lessee remains in the Premises after the expiration date of this
Lease, the security deposit will be retained by Lessor until Lessee moves
out of the Premises. Lessor may claim and retain such amount of Lessee's
security deposit as is reasonable necessary to remedy any defaults of the
Lessee in the payment of rent or services, to repair damages to the Premises
caused by the Lessee (normal wear and tear excepted) replacement of keys
any other outstanding obligations to Lessor, and Lessor may, at its option
and at any time during the term of this Lease, treat the security deposit as a
partial payment applied toward Lessee's obligation for the Premises during
Less's last month of occupancy of the same. The parties expressly agree
that the security deposit is made for all of the aforesaid specific purposes.
At all times Lessee shall maintain a security deposit with Lessor in an
amount equal to one and one-half (1 1/2) times the monthly rent paid by
Lessee for the Premises. Lessor shall xxxx Lessee for any such additional
security deposit as required.
5. USE. Lessee shall use the Premises solely for
TELECOMMUNICATIONS and for no other purpose. Lessee shall not do
or permit anything to be done in or about the Suite and Premises which will
in any way obstruct or interfere with the right of other tenants or occupants
of the Suite, or injure or annoy them, or use or allow the Premises to be
used for any improper, immoral, unlawful or objectionable purpose, nor
shall Lessee cause, maintain or permit any nuisance in, on or about the
Premises. Lessee shall not commit or suffer to be committed any waste in
or upon the Premises. Lessee agrees that Lessee will not offer or use
Premises to provide to others, services provided by Lessor to Lessor's other
lessees. (I.E. Fax Machine, Copiers, etc.)
6. DEFAULTS AND REMEDIES.
Lessee's Defaults. Any of the following occurrences shall constitute
a "material" default by Lessee:
(a) If Lessee fails to make any payment of rent, additional security
deposit or any other payment required to be made by Lessee hereunder as
and when due.
(b) If Lessee withholds rent, deducts or offsets from rent or services
due hereunder any amount for any reason.
(c) If Lessee occupies, uses or stores any personal property in any
unrented office in the Suite, or stores any personal property in any unrented
office in the Suite, or stores any personal property in any common area.
(d) If Lessee fails to observe or perform any of the provisions of this
Lease other than those described in this Paragraph 6, where such failure
shall continue for a period of ten (10) days after written notice thereof from
Lessor to Lessee.
If Lessee defaults under this Lease, (i) Lessor may terminate this
Lease, (ii) Lessor may recover, in addition to any rent and other charges
already due and payable, all rent for the entire unexpired balance of the
stated term of this Lease and all costs incurred by Lessor to recover such
sums from Lessee, including reasonable attorney's fees and/or Lessor may
recover damages from Lessee. All rights and remedies of Lessor under this
Lease shall be cumulative and in addition to any other rights or remedies
available at law or in equity. No failure by Lessor to exercise any right or
remedy or to insist upon strict performance following a default by Lessee
shall constitute a waiver of such default by Lessor.
7. HIRING LESSOR'S EMPLOYEES. Lessor spends a great deal
of time to hire and train employees for the operation of the Suite and other
suites. Lessee derives the benefit of Lessor's experience in operating the
Suite and of such hiring and training procedures. Lessee realizes the time
and expense Lessor incurs to obtain personnel, and Lessee therefore agrees
not to offer or accept for hire any of Lessor's employees at any time during
the term or any extension or renewal of this Lease. "Lesser's employees"
include Lessor's employees during the period of their employment with
Lessor and for a period of sixty (60) days thereafter. Lessor and Lessee
have considered the matter and have reasonably endeavored to estimate the
actual damages to Lessor in the event Lessee breaches this provision and
offers or accepts for hire any of Lessor's employees, and both realizing that
it would be impractical or extremely difficult to fix the actual damage to
Lessor resulting from such offer or hiring of Lessor's employees at any
time during the term or any extension of renewal of this Lease, or within
sixty (60) days after Lessee moves out of Lessor's offices, Lessee agrees to
pay Lessor the sum of Two Thousand Dollars ($2,000.00) for the
employees so hired to compensate Lessor for Lessor's loss in hiring and
training said employee. Said sum represents the amount agreed upon by the
parties as Lessor's liquidated damages. Notwithstanding the foregoing,
Lessee may hire any of Lessor's employees for part-time work outside the
hours of 9:00 a.m. to 6:00 p.m. normal business days.
8. INSURANCE. Lessor has blanket liability insurance coverage for
the common areas in the Suite. Lessor's insurance does not cover the
Lessee's Premises or Lessee's property in the Suite and Premises. Lessor
shall not be liable to Lessee, or to any other person, for any damages on
account of loss, damage, fire or theft of any personal or business property,
including, but not limited to, property left with the floor receptionist or
telephone operators, door lettering or other property purchased by, or
belonging to, Lessee.
Lessee shall indemnify and hold harmless Lessor and Lessor's landlord
from and against any and all claims arising from Lessee's use of the
Premises, or from the conduct of Lessee's business or from any activity,
work or things done, permitted or suffered by Lessee in the Premises and
shall further indemnify and hold harmless Lessor and Lessor's landlord
from and against any and all claims arising from any breach or default in
the performance under the terms of this Lease, or arising from any
negligence of the Lessee or any of Lessee's agents, contractors, visitors, or
employees, and from and against all costs, attorney's fees, expenses and
liabilities incurred in the defense of any such claim or any action or
proceeding brought thereon, and in case any action or proceeding be
brought against Lessor and Lessor's landlord by reason of any such claim,
Lessee upon notice from Lessor and Lessor's landlord shall defend the same
at Lessee's expense by counsel satisfactory to Lessor and Lessor's landlord.
Lessee, as a material part of the consideration to Lessor and Lessor's
landlord, hereby assumes all risk of damage to property or injury to persons
in the Premises and Lessee hereby waives all claims in respect thereof
against Lessor and Lessor's landlord.
9. COMMON AREA. All areas not designated for exclusive use of
tenants or available for lease to prospective tenants constitute the Suite's
common areas. Lessee shall have the non-exclusive right of access and use
of the common areas and facilities contained therein. Conference room(s)
may be used on a reservation basis only subject to Lessor's rules and
regulations governing use of the same.
10. MASTER LEASE.
a. Lessee shall have no greater rights to the use and occupancy of the
Suite and Premises than Lessor has with the Building under Lessor's Master
Lease; in particular, Lessee's term under this agreement shall be no greater
than Lessor's term under the Master Lease, and is subject to any early
termination provisions contained therein. Lessee is bound to Lessor in the
same manner as Lessor is bound to the Building with respect to all standard
lease provisions (e.g., eminent domain, destruction of building, early
termination, etc.), as well as the rules and regulations of the Building
attached hereto as Exhibit X.
x. Xxxxxx hereby irrevocably assigns to Lessor's landlord all of
Lessor's interest in all rentals and income arising from any sublease,
license, concession or other consensual arrangement for possession of all or
a portion of the suite entered into by Lessor, and Lessor's landlord may
collect such rent and income and apply same towards Lessor's obligations
under the Master Lease; provided, however, that until a default occurs in
the performance of Lessor's obligations under the Master Lease (taking into
account any applicable notice and cure periods), Lessor shall have the right
to receive and collect such amounts. Lessor's landlord shall not, by reason
of this assignments or the collection of rentals, be deemed liable to the
Lessee, licensee, concessionaire, or third party for the performance of any
of Lessor's obligations under the Lease, license, concession or other
consensual arrangement for possession of all or a portion of the premises.
Lessor hereby irrevocably authorizes and directs any Lessee, licensee,
concessionaire, or other third party, upon receipt of a written notice from
Lessor's landlord stating that an uncured default exists in the performance
of Lessor's obligations under the Master Lease, to pay to Lessor's landlord
all sums then and thereafter due under the Lease, license, concession or
other consensual arrangement for possession of all or a portion of the
premises. Lessor agrees that the Lessee, licensee, concessionaire, or other
third party may rely on that notice without any duty of further inquiry and
notwithstanding any notice or claim by Lessor to the contrary.
c. At any time, Lessor may terminate this Lease upon sixty (60) days
written notice to Lessee in the event that Lessor's interest in the Master
Lease is terminated. In the event Lessor's interest in the Master Lease is
terminated, Lessee shall, at the option of Lessor's landlord, attorn to
Lessor's landlord or Lessor's landlord's designee, and recognize Lessor's
landlord or Lessor's landlord's designee as Lessor under this Sublease.
Lessee shall execute and deliver at any time when requested by Lessor's
landlord an instrument to evidence such attornment. In no event, however,
shall Lessor's landlord or Lessor's landlord's designee be liable for any
previous act or omission by Lessor under this Sublease, or for the return of
any advance rental payments or deposits under such agreements that have
not been actually delivered to Lessor's landlord or Lessor's landlord's
designee, nor shall Lessor's landlord or Lessor's landlord's designee be
bound by any modification to any such agreements executed without
Landlord's consent, or for any advance rental payments in excess of one
month's rent. Lessee waives the provision of any law which may give
Lessee any right of election to terminate this Lease or to surrender
possession of the Premises by reason of the termination of the Master
Lease.
11. SUBLETTING. Lessee shall sublet or assign the Premises or
any part thereof for any period of time without the prior written consent of
Lessor. Any subletting or assignment of this Lease which is not in
compliance with the provisions of this paragraph shall be void and shall, at
the option of Lessor, terminate this Lease. In such event, Lessee shall be
liable for any expenses Lessor may incur in regaining possession of the
Premises or so much of the Premises as Lessee may have subleased or
assigned without Lessor's consent. The consent by Lessor to a subletting or
assignment shall not be construed as releasing Lessee from any liability or
obligation hereunder. If Lessee leases one or more desk spaces, no desk
space may be occupied by more than one person. A desk space may be
occupied by more than one person only if Lessee leases the entire room in
which the desk is located and the desk space is not within a mini-suite.
12. NOTICE TO LESSOR. Any notice regarding a breach of this
lease or termination thereof shall be in writing and sent by certified mail or
personal delivery to Barrister Executive Suites, Inc., Attention: Lease
Termination Department, 000 Xxxxxxxx Xxxxxxxxx, Xxxxx 000, Xxxxx Xxxxxx,
Xxxxxxxxxx 00000 (in the case of Lessor), or to Lessee c/o the address of
the Premises (in the case of Lessee). Certified mail notice shall be deemed
given twenty-four (24) hours after the date it is placed, postage prepaid, in
a depository for United States mail. Personal delivery to the floor manager,
receptionist or telephone operator does not constitute notice to either Lessor
or Lessee. Either party may provide for a different address by notifying the
other party of said change as provided for herein.
Provided Lessee provides Lessor written notice of no less than thirty
(30) days, any termination notice shall be effective the last day of the
month. If Lessee occupies any portion of the terminated space beyond the
last calendar day of the month, Lessee will be liable for rent for the full
calendar month. If Lessee fails to vacate the premises for any reason after
the termination date or purports to rescind the termination notice after
Lessor has already leased Lessee's terminated space, Lessee will pay the
rent the new tenant had agreed to pay, plus any and all resulting damages
and losses incurred by Lessor because the new tenant cannot move into the
space previously terminated by Lessee.
13. SUCCESSORS AND ASSIGNS. The covenants and conditions
herein contained shall apply to and bind the heirs, successors, executors,
administrators and assigns of the parties hereto, except as expressly
provided to the contrary elsewhere herein. In the event of Lessee's death or
disability, Lessee's legal representative may terminate this Lease upon thirty
(30) days' written notice to Lessor (without penalty) and the security deposit
will be refunded in full, subject to the provisions of this Lease.
14. SUBSTITUTION. At any time after the execution of this Lease,
Lessor may substitute for the Leased Premises other premises elsewhere in
the suite, or in another Barrister Suite (the "New Premises") in which event
the New Premises shall be deemed to be the Leased Premises for all
purposes hereunder, provided:
(a) That New Premises shall be similar in area and
appropriateness for Lessee's purposes in Lessor's reasonable determination;
and
(b) If Lessee is occupying the Leased Premises at the time of
any such substitution, Lessor shall pay the reasonable expense of moving
Lessee, its property and equipment to the New Premises and shall, at its
sole cost, improve the New Premises with Lessor's standard improvements.
15. RULES AND REGULATIONS. Lessee shall observe at all
times Lessor's Rules and Regulations, a copy of which is attached hereto as
Exhibit D.
16. REPAIRS. The landlord which leased the Suite to the Lessor
shall maintain the structural integrity of the Building shell and make all
necessary repairs to the roof, exterior wall, exterior doors, windows,
corridors and other common areas of the Building and the Project, and
Landlord shall keep the building and the Project in a safe, clean and neat
condition, and use reasonable efforts to keep all equipment used in common
with other tenants such as elevators, plumbing, heating, air conditioning and
similar equipment, in good condition and repair. Lessor is not liable to
Lessee by reason of any defect, inadequacy or insufficiency in same. Lessee
may not deduct or offset any amount from rent due herein because of any
problem regarding construction, repairs or lack thereof. Lessor will
coordinate any repair complaint of Lessee. However, any claim by Lessee
with respect thereto shall be made solely against the Building and Lessor
hereby assigns to Lessee, solely for the purpose of making and prosecuting
any such claim, all rights which Lessor has under the Master Lease. Lessor
will coordinate all repairs for dangerous conditions existing in the common
areas within the Suite. Lessee is responsible for, and shall indemnify and
hold Lessor harmless from and against, any damage to persons or property
caused by Lessee, or Lessee's employees, agents, clients, guests or invites.
Lessee is not responsible for repairing wall holes from normal-sized nails
used to hang pictures.
17. RIGHT OF ENTRY. If Lessee has given notice to terminate or
Lessee is in default of rental payments, Lessor's employees may show the
Premises to prospective tenants between 9:00 a.m. and 6:00 p.m., Monday
through Friday. If during the last month of the term Lessee shall have
removed all or substantially all of Lessee's property, Lessor may
immediately allow anyone else to occupy the premises without relieving
Lessee of liability for rent for that period of time unless Lessor receives
rental income from Lessee's space, in which event such payment will be
credited against Lessee's rent obligation for the period of time the space is
occupied by someone else.
18. UTILITIES, SERVICES, MAINTENANCE AND
CONSTRUCTION. Under Lessor's Master lease, the Building provided
utilities, services (janitorial, heat and air conditioning) and maintenance.
Janitorial services include carpet vacuuming, but not cleaning. Heat and air
conditioning is provided during generally recognized business days and
hours. Lessee is allowed access to the Premises twenty-four (24) hours a
day, seven (7) days a week, subject to the Building's rules requiring proper
identification after normal business hours, Lessor is not liable to Lessee by
reason of any failure to provide or the inadequacy of utilities, janitorial,
heat or air conditioning services or maintenance. Lessor is not responsible
for any negligence of the Building's agents, servants or employees. Lessee
may not deduct or offset any amount from rent due herein because of any
problem regarding utilities, heat, air conditioning, janitorial services,
maintenance services or defective construction of Premises. Upon request
by Lessee, Lessor will write the Building regarding any complaint by
Lessee regarding utilities, heat, air conditioning, janitorial services,
maintenance or construction; however, any claim by Lessee with respect
thereto shall be made by Lessee directly to the Building, and Lessor hereby
assigns to Lessee, solely for the purpose of making and prosecuting any
such claim, all rights which Lessor has against the Building under the
Master Lease.
Lessor is responsible for maintaining the common areas with the Suite,
however, Lessor is not responsible for maintaining, repairing or cleaning
the floor covering, wall covering or drapes/window blinds within Lessee's
Premises, other than the normal janitorial service provided by the Building.
Non-recurring operating and capital improvements may be passed on to the
Lessee.
19. ATTORNEY'S FEES. In the event legal proceedings to regain
possession of the Premises or to collect moneys owed are instituted because
of Lessee's failure to pay rent, security deposit, cost of repair of the
Premises or to cure any breach of this Lease by Lessee, the prevailing party
shall be entitled to recover as an element of his cost of suit, and not as
damages, reasonable attorney's fees to be fixed by the court. The
"prevailing party" shall be the party who is entitled to recover his costs of
suit, whether or not the suit proceeds to final judgement. The party not
entitled to recover his costs shall not recover attorney's fees. No sum for
attorney's fees shall be counted in calculating the amount of a judgment for
purposes of determining whether a party is entitled to recover his costs of
attorney's fees.
20. ENTIRE AGREEMENT, MERGER AND WAIVER. This
Lease Agreement supersedes and cancels any and all previous negotiations,
arrangements. offers, brochures, agreements or understandings, if any,
between the parties hereto. This Lease Agreement expresses and contains
the entire agreement of the parties hereto and there are no expressed or
implied representations, warranties or agreements between them, except as
herein contained. This Lease Agreement may not be modified, amended or
supplemented except by a writing signed by both Lessor and Lessee. No
consent given or waiver made by Lessor of any breach by Lessee of any
provision of this Lease Agreement shall operate or be construed in any
manner as a waiver of any subsequent breach of the same or of any other
provision.
ASPAC COMMUNICATIONS, INC. BARRISTER EXECUTIVE
SUITES, INC.
LESSEE LESSOR
/s/ Xxxx Xxxxx
XXXX XXXXX, SECRETARY
DATE: 8-28-97 DATE: 9-9-97
LEASE AGREEMENT ADDENDUM
The parties to the attached Lease hereby agree that the Lease shall be
amended or supplemented in the following respects. (All terms defined in
the Lease shall have the same meanings when used in this Addendum.)
1. Section 3: The last sentence of the third paragraph shall be amended
to read as follows: Lessee's first payment shall include one month's
full rent plus the security deposit and a set-up fee of $150.00
2. Section 7: In the fifth sentence, "the sum of Two Thousand Dollars
($2,000.00)" shall be deleted and replaced with "the sum of Five
Thousand Dollars ($5,000.00)." The last sentence of the paragraph shall
be deleted entirely.
3. First Signature Page: On the first signature page of the Lease, the
following section shall be added: 21. CONFLICT OF INTEREST.
Lessee agrees that conflict of interest would be created if Lessee were
to represent or act as Legal counsel for the employees, officers,
vendors, contractors, landlords and/or tenants of Lessor. Therefore, so long
as Lessee is a tenant of Lessor, Lessee shall be prohibited from
representing Lessor's employees, officers, vendors, contractors,
landlords and/or tenants in any legal action lawsuit which involves
Lessor, or Lessor's Managing Agent (if applicable). Failure to comply with
this provision shall constitute an event of default under the Lease and
shall be cause for Lessor to terminate this Lease.
4. Section 3, Exhibit D: The last sentence shall be deleted and replaced
with the following: The set-up fee described on page 2 of the Lease
shall include one Lobby Directory Listing and (if applicable) one
Parking-Level Directory Listing. Lessee shall pay the building's
prevailing charge for any additional Directory Listings.
5. Section 4, Exhibit D: The following shall be inserted after the first
sentence of the paragraph. The set-up fee described on page 2 of the
Lease shall include on standard door sign. If Lessee requires additional
door signs, Lessee shall pay Lessor for same at Lessor's prevailing rate.
6. Section 6, Exhibit D: The following shall be added to the end of the
paragraph: Upon termination of the Lease, whether upon expiration of the
term or sooner, Lessee agrees to pay Lessor One Hundred Dollars
($100.00) per leased office and Fifty Dollars ($50.00) per leased desk space
to cover painting and cleaning costs for each such space. The applicable
amounts for such painting and cleaning costs shall be deducted from
Lessee's security deposit should Lessee fail to pay Lessor for same upon
lease termination.
ACKNOWLEDGED AND AGREED TO:
LESSEE LESSOR
ASPAC COMMUNICATIONS, INC. BARRISTER EXECUTIVE
SUITES, INC.
/s/ Xxxx Xxxxx
XXXX XXXXX, SECRETARY
DATE: 8-28-97 DATE: 9-9-97
