EXHIBIT 10.30
ALPHANET SOLUTIONS, INC.
LEASE TERMINATION AND SURRENDER AGREEMENT
AGREEMENT, dated as of this 6th day of October 1999 between 000 XXXX
00XX XXXXXX ASSOCIATES, having an office c/o Kaufman Management Company, 000
Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx (hereinafter called "Landlord"), and ALPHANET
SOLUTIONS, INC., a New Jersey corporation, having an office at 000 Xxxx 00xx
Xxxxxx, Xxx Xxxx, Xxx Xxxx (hereinafter called "Tenant").
W I T N E S S E T H:
WHEREAS:
Landlord and Tenant's predecessor-in-interest THE XXXXX GROUP, INC.,
executed that certain lease dated as of December 23, 1996 (the "Lease") covering
the entire nineteenth (19th) floor in the building (the "Premises") known as 000
Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx (the "Building") for a term to expire on
April 30, 2008 (the "Expiration Date");
Tenant and Xxxxxx A. M. Xxxxx Architects ("Subtenant") entered into
that certain sublease dated as of November 20, 1998 (the "Sublease"), wherein
approximately 9,400 square feet on the nineteenth (19th) floor of the Building
(the "Sublet Premises") was sublet to Subtenant;
Landlord and Tenant are now the present landlord and tenant under the
Lease and desire for Tenant to surrender possession of the balance of the
Premises to Landlord (the "Remaining Premises"), (i.e. the Premises without the
Sublet Space), to have Tenant assign its interest in the Sublease to Landlord,
and to enter into certain other agreements incidental thereto upon the terms and
conditions hereinafter provided.
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, it is agreed as follows:
FIRST: On or prior to November 1, 1999 (the "Surrender Date"), Tenant
shall surrender the Remaining Premises to Landlord in accordance with the Lease
provisions pertinent to the surrender of the entire Premises including, without
limitation, Article 22 entitled "End of Term". In furtherance thereof and
provided Tenant timely surrenders possession of the Remaining Premises on or
prior to the Surrender Date and otherwise performs its obligation pursuant to
Article FOURTH hereof, then the Lease shall be terminated as of the Surrender
Date with the same force and effect as if said date were the Expiration Date.
SECOND: Notwithstanding anything contained to the contrary in the
Lease, all fixtures, equipment, improvements and appurtenances attached to or
built into the Remaining Premises as of the date hereof (including, without
limitation, all "built-ins", carpeting, paneling, partitions, lighting fixtures,
special cabinet work, doors, drapes, wall treatments, decorations, shelving and
kitchen equipment) shall be and remain a part of the Remaining Premises, shall
be deemed the property of Landlord and shall not be removed by Tenant.
THIRD: Effective as of the Surrender Date, Tenant hereby assigns
transfers, sets over and conveys all its right, title and interest as
Sublandlord under the Sublease to Landlord. Accordingly, from after the
Surrender Date, Landlord hereby assumes all of the obligations of Tenant under
the Sublease and agrees to indemnify and save Tenant harmless from and against
any and all claims by Subtenant arising under the Sublease but accruing from and
after the Surrender Date.
FOURTH: In consideration of Tenant's agreement to surrender the
Remaining Premises to Landlord and to assign its interest in the Sublease and
additional rent, and provided Tenant duly performs all of the terms, covenants
and conditions of the Lease and this Agreement through the Surrender Date,
including, without limitation, payment of all fixed rent and additional rent due
under the Lease through the Surrender Date, then, Landlord shall (a) on or prior
to the Surrender Date, pay to Tenant the sum of ONE HUNDRED TWENTY FIVE THOUSAND
AND 00/100 ($125,000.00) and (b) promptly after the Surrender Date, return to
Tenant the security deposit in the sum of FORTY THREE THOUSAND THREE HUNDRED
THIRTY THREE AND 33/100 ($43,333.33) DOLLARS, together with any accrued interest
thereon.
FIFTH: Subject to the provisions hereof, Landlord and Tenant do hereby
release each other from any and all obligations under the Lease accruing from
and after the Surrender Date.
SIXTH: This Agreement shall take effect as of the date hereof. As
amended hereby the Lease is hereby ratified and confirmed in all respects.
SEVENTH: Tenant represents and warrants that no broker was responsible
for bringing about this Agreement.
EIGHTH: This Agreement may not be changed, modified or cancelled orally
and shall inure to the benefit of and be binding upon the parties hereto and
their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals as of the day and year first above written.
LANDLORD:
000 XXXX 00XX XXXXXX ASSOCIATES
By: /s/ Xxxxxx X. Xxxx
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XXXXXX X. XXXX
TENANT:
ALPHANET SOLUTIONS, INC.
By: /s/ Xxxx X. Xxxxx
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XXXX X. XXXXX
Senior Vice President
