SUBLEASE AGREEMENT
THIS SUBLEASE AGREEMENT (the "Sublease"), is entered into by and between SOUTHERN COMPANY SERVICES, INC., an Alabama Corporation, having an office located at 600 North 18th Street, Birmingham, Alabama 35203 ("Sublessor"); and INFOCURE CORPORATION, a Delaware corporation, having an office located at 239 Ethan Allen Highway, Ridge field, Connecticut 06877 ("Sublessee") (collectively the "Parties"), and shall become effective on the date it is executed by the later of Sublessor and Sublessee (the "Effective Date").
WITNESSETH:
WHEREAS, Sublessor, as "Tenant", entered into a lease (the "Prime Lease") with Metropolitan Life Insurance Company (the "Prime Landlord"), dated April 1, 1992, leasing, among other areas, that certain building known as "Inverness 44" (the "Building"). Said Prime Lease to which reference is made above is incorporated herein by this reference, and
WHEREAS, Sublessor and Sublessee have agreed that Sublessor shall sublet approximately 45,926 square feet of such space as rented under the Prime Lease to Sublessee, as such space is shown on Exhibit "A" attached hereto and by this reference incorporated herein, upon the terms and conditions as herein described, and
WHEREAS, concurrently with and on the Effective Date of this Sublease, the Parties entered into a Second Amendment ("Amendment") to an existing Sublease ("Original Sublease") in which Amendment the Parties agreed to terminate the Original Sublease on May 31, 2001, and
WHEREAS, in the Original Sublease the Sublessor subleased and rented to Sublessee and Sublessee subleased and rented from Sublessor the entire 2nd floor of that certain Building known as Inverness 42 ("Original Sublease Premises") with a term set to expire on February 28, 2004, and
WHEREAS, the Parties desire that the 5th floor of the Building shall serve as substitute premises ("Substitute Premises") for the Original Sublease Premises, and
WHEREAS, the Parties desire for the term of the Substitute Premises to expire on the same date as the Original Sublease Premises, February 28, 2004, but to automatically renew for an additional term expiring on March 31, 2007, and
WHEREAS, the Parties intend that upon the commencement date of the Substitute Premises, the Original Sublease shall terminate.
NOW THEREFORE, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration, paid by the Parties hereto to one another, the receipt and sufficiency of which are hereby acknowledged by the Parties hereto, the Parties hereto hereby covenant and agree as follows:
1. Sublease Premises, Rent and Term.
(a) Sublessor hereby leases and rents to Sublessee and Sublessee hereby leases and rents from Sublessor, the 22,963 square feet, more or less, of space on the 4th floor and the 22,963 square feet, more or less, of space on the 5th floor of the Building, shown on Exhibit "A", by this reference incorporated herein, (the "Sublease Premises"), beginning for the 4th floor on April 1, 2001 ("Commencement Date") and beginning for the 5th floor on June 1, 2001 and ending for the entire Sublease Premises at midnight on March 31, 2007 (the "Term"). Sublessee shall, however, have the right to occupy the 4th floor of the Sublease Premises on March 15, 2001 and the 5th floor of the Sublease Premises on May 1,2001, for the purpose of performing tenant fit-up and finish work therein (subject in all circumstances to the terms of this Sublease). All terms and conditions of this Sublease shall be in force and effect upon such occupancy by Sublessee, although no Base Rent for the 4th floor shall be due from Sublessee until April 1, 2001; and no Base Rent for the 5th floor shall be due from the Sublessee until June 1, 2001.
(b) The Base Rent due from Sublessee for such Sublease Premises shall be as follows:
Base Rent Rate |
Monthly Period (Per Square Foot Per Annum) *Base Rent |
April 1, 2001- May 31, 2001$15.50 |
$29,660.54 |
June 1, 2001- March 31, 2002$15.50 |
$59,321.08 |
April 1, 2002- March 31, 2003$15.75 |
$60,277.88 |
April 1, 2003- March 31, 2004 |
$61,234.66 |
April 1, 2004- March 31, 2005$16.25 |
$62,191.46 |
April 1, 2005- March 31, 2006$16.50 |
$63,148.25 |
April 1, 2006- March 31, 2007$16.75 |
$64,105.04 |
详细内容见附件