This Sublease is made as of the 1st day of January, 1999 by and between the University of Southern California, a California non-profit corporation (hereinafter referred to as "Sublessor"), and Internet Corporation for Assigned Names and Numbers, a California non-profit corporation (hereinafter referred to as "Sublesse"), with regard to the following facts.
A. Sublessor is the tenant under that certain lease dated January 27, 1994 by and between Sublessor and Marina Airport Buildings, Ltd., a California limited partnership (hereinafter referred to as "Landlord"), as amended to the date hereof (collectively, the "Master Lease"), a copy of which Master Lease is attached hereto as Exhibit A and by this reference made a part hereof, covering certain portions of the building (the "Premises") located at 4676 Admiralty Way, Marina Del Rey, California (the "Building"), as more particularly described in the Master Lease.
B. Sublessee desires to sublease that portion of the Premises from Sublessor located on the 3rd Floor of the Building shown on Exhibit B hereto consisting of approximately 1,364 rentable square feet and 1,223 usable square feet, and shall be known as Suite 330 (which is a portion of Suite 350 as referenced in ADDENDUM NO. 9 of the Master Lease) and is hereinafter referred to as the "Sublet Premises", and Sublessor has agreed to sublease the Sublet Premises to Sublessee upon the terms, covenants and conditions herein set forth.
In consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Sublease. Sublessor hereby subleases and demises to Sublessee and Sublessee hereby hires and takes from Sublessor the Sublet Premises.
2. Term. The term of this Sublease shall commence upon the substantial completion of the tenant improvements described in Section 5 below and shall end, unless sooner terminated as provided herein or in the Master Lease, on September 29, 2003.
3. Base Rent. Sublessee shall pay base monthly rent during the term of this Sublease in the amount of $2,250.60 (which is equal to $1.65 per rentable square foot), payable monthly in advance on the first day of each month. In the event that the term of this Sublease shall begin or end on a date which is not the first day of a month, base rent shall be prorated as of such date. Concurrent with Sublessee's execution of this Sublease, Sublessee shall deliver to Sublessor the first month's base rent payable hereunder in the amount of $2,250.60.
4. Additional Rent. Sublessee shall pay to Sublessor, on demand, as additional rent hereunder, Sublessee's proportionate share of the amounts payable by Sublessor pursuant to Articles 4, 5 and 6 of the Master Lease.
5. Tenant Improvements.
6. Use. Sublessee covenants and agrees to use the Premises for the activity of providing central coordinating functions for the Internet and for no other purpose and otherwise in accordance with the terms and conditions of the Master Lease and this Sublease.
7. Master Lease. As applied to this Sublease, the words "Landlord" and "Tenant" as used in the Master Lease shall be deemed to refer to the Sublessor and Sublessee hereunder, respectively. Sublessee and this Sublease shall be subject and subordinate to the terms of, and the rights of Landlord under, the Master Lease. Except as otherwise expressly provided in this Sublease, the covenants, agreements, terms, provisions and conditions of the Master Lease insofar as they relate to the Sublet Premises and insofar as they are not inconsistent with the terms of this Sublease are made a part of and incorporated into this Sublease as if recited herein in full, and the rights and obligations of the Landlord and the Tenant under the Master Lease shall be deemed the rights and obligations of the Sublessor and Sublessee respectively hereunder and shall be binding upon and inure to the benefit of Sublessor and Sublessee respectively. As between the parties hereto only, in the event of a conflict between the terms of the Master Lease and the terms of this Sublease, the terms of this Sublease shall control.
8. Landlord's Performance Under Master Lease.
9. Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein.
10. Indemnity. Sublessee hereby agrees to indemnify and hold Sublessor harmless from and against any and all claims, losses and damages, including, without limitation, reasonable attorney's fees and disbursements, which may at any time be asserted against Sublessor by (a) Landlord for failure of Sublessee to perform any of the covenants, agreements, teens, provisions or conditions contained in the Master Lease which by reason of the provisions of this Sublease Sublessee is obligated to perform, or (b) any person by reason of Sublessee's use and/or occupancy of the Sublet Premises or the Building. The provisions of this Section 10 shall survive the expiration or earlier termination of the Master Lease and/or this Sublease.
11. Cancellation of Master Lease. In the event of the termination of the Master Lease for any reason whatsoever or of the involuntary surrender of the Master Lease by operation for of law prior to the expiration date of this Sublease, Sublessee shall immediately vacate the Sublet Premises.
12. Assignment or Subletting. Sublessee shall-have no right to assign this Sublease or to sublet all or any portion of the Sublet Premises.
13. Severability. If any term or provision of this Sublease or the application thereof to any person or circumstances shall, to any extent, be invalid and unenforceable, the remainder of this Sublease or. the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term or provision of this Sublease shall be valid and enforced to the fullest extent permitted by law.
14. Entire Agreement; Waiver. This Sublease contains the entire agreement between the parties hereto and shall be binding upon and inure to the benefit of their respective heirs, representatives, successors and permitted assigns. Any agreement hereinafter made shall be ineffective to change, modify, waive, release, discharge, terminate or effect an abandonment hereof, in whole or in part, unless such agreement is in writing and signed by the parties hereto.
15. Governing Law. This Sublease shall be governed by and in all respects construed in accordance with the internal laws of the State of California.
16.. Counterparts. This Sublease may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
17. Termination Rights.
IN WITNESS WHEREOF, the
parties hereto have caused this Sublease to be executed as of
the day and year first above written.
Comments concerning the layout, construction and functionality of this site
should be sent to firstname.lastname@example.org.
(c) 2000 The Internet Corporation for Assigned Names and Numbers. All rights reserved.