Sublease (2005)Full Document 

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SUBLEASE
     THIS SUBLEASE is made this 3rd day of August, 2005 by and between ASSET MANAGEMENT OUTSOURCING, INC., a Delaware corporation, whose address is 7001 Peachtree Industrial Boulevard, Suite 320, Norcross, Georgia 30092 (the “Sublessor”) and UNITED STATES PHARMACEUTICAL GROUP, LLC, a Delaware limited liability company, whose address is 13650 N.W. 8th Street, Sunrise, Florida 33325 (the “Sublessee”).
RECITALS
A.   FIL/ED Plantation, Ltd., a Florida limited partnership (“Master Landlord”), and Sublessor are parties to that certain lease dated January 16, 1999, as amended by that certain First Amendment to Lease Agreement (the “First Amendment”) dated August 18, 1999 (as amended by such First Amendment, the “Master Lease”), for certain premises as more particularly described therein (the “Master Lease Premises”), in the Plantation Shopping Center (the “Shopping Center”). A copy of the Master Lease is attached hereto as Exhibit “A”, and by reference incorporated herein.
B.   Sublessor wishes to lease to Sublessee, and Sublessee wishes to lease from Sublessor, all of the Master Lease Premises conveyed under the Master Lease, all in accordance with and upon the terms and conditions set forth herein, subject to Master Landlord’s consent.
AGREEMENT
     In consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Sublessor and Sublessee hereby agree as follows:
1.   Sublease Premises; Term. Sublessor hereby subleases to Sublessee, and Sublessee hereby subleases and takes from Sublessor, the entire Master Lease Premises being

 


 

    more commonly known as Bay #21A/25/A/B and as more particularly described on Exhibit “B” attached hereto and made a part hereof (the “Sublease Premises”). The Sublease Premises contains approximately 34,222 square feet. The use and occupation by Sublessee of the Sublease Premises shall include the use, subject to the terms and conditions of the Master Lease, of all common areas and other common facilities provided by Master Landlord for the general use, in common, of tenants, their officers, agents, employees, invitees, licensees, visitors and customers including sidewalks, walkways, service roads, parking areas, loading facilities and other common facilities. The term of this Sublease (the “Term”) shall commence on August 15, 2005 (the “Commencement Date”), subject to Sublessor obtaining and delivering to Sublessee Landlord’s consent to this Sublease in the form attached hereto as Exhibit “D” and incorporated herein by this reference (the “Consent”), and shall terminate on October 31, 2007 (“Termination Date”). In the event Master Landlord fails to execute the Consent, this Sublease shall be null and void and of no further force and effect. This Sublease may be terminated by Sublessee if the Consent has not been executed by Master Landlord and delivered to Sublessee on or before September 1, 2005, and Sublessor shall promptly return the Security Deposit and first month’s rent (paid by Sublessee in accordance with Section 2(a) hereof) to Sublessee within five (5) business days of Sublessor’s receipt of such notice of termination from Sublessee.
 
2.   Rent; Other Charges. From and after the Commencement Date, Sublessee shall pay to Sublessor at the place specified by Sublessor (which until further notice shall be the Sublessor’s address recited above) and without demand, deduction, or set-off, the following:
  (a)   Base Rent for Sublease Premises. Commencing on the Commencement Date and continuing on the first day of each and every calendar month thereafter during the term of this Sublease, Sublessee shall pay base rent (“Base Rent”) in equal monthly installments of Twenty-Four Thousand Two Hundred Forty and 58/100 Dollars ($24,240.58) plus the applicable sales tax, if any;

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      provided, however, if any month for which Sublessee is obligated to pay Base Rent is a partial month, the monthly installment shall be prorated based upon actual number of days elapsed to the total number of days in that particular month. Within one (1) business day after the delivery of the Consent as executed by Master Landlord, Sublessee shall deposit with Sublessor the sum of Twenty-Four Thousand Two Hundred Forty and 58/100 Dollars ($24,240.58), plus the applicable sales tax, which represents its Base Rent payment for the first full month of this Sublease and shall be applied thereto.
 
  (b)   [INTENTIONALLY DELETED]

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