LEASE FOR PREMISES AT


 


SANTA FE BUSINESS INCUBATOR, INC


 


Santa Fe, New Mexico


 


Production Space


 


THIS LEASE is made at Santa Fe, New Mexico on this 17th
day of October 2011 by and between SANTA FE BUSINESS INCUBATOR, INC., a New Mexico nonprofit corporation (“Landlord”),
and B6 Sigma, Inc. (“Tenant”).


 


WITNESSETH:


 


That in consideration of the mutual promises, covenants, conditions,
and terms to be kept and performed, it is agreed between the parties hereto as follows:


 


1.
Business Assistance Program


 


The Landlord and Tenant understand that Landlord desires to
assist and encourage Tenant’s business by providing certain extraordinary business assistance services in addition to the
Lease of the Premises. The parties agree that no default, defect, or omission by Landlord in the providing and performance of such
services shall be deemed to be a default by Landlord under this Lease.


 


2.
Description


 


Landlord leases to Tenant, and Tenant shall pay rent for the
Premises identified as production unit A201-202 (“Premises”) at 3900 Paseo del Sol, Santa Fe, New Mexico.


 


3.
Term


 


Tenant shall lease the Premises for a term of one (1) year commencing
the 1st day of November 2011 and ending on the 31st day of October 2012. Landlord and Tenant
shall each have the right to terminate this Lease upon giving the other at least thirty (30) days written notice of their intent
to terminate, such termination to be at the end of such thirty (30) day period or at such later date as is indicated in the notice
to terminate, but not prior to the end of the next monthly cycle.


 


4.
Rent / Additional Rent / Utilities


 


For the Premises and Term set forth above, the Tenant agrees
to pay a total rent of Eight Thousand Four Hundred Dollars ($8,400.00). Rent shall be paid in equal monthly installments
of Seven Hundred and no Dollars ($700.00) in advance on the first day of each calendar month.


 


Tenant agrees to pay any and all charges incurred under separate
agreement or otherwise for services furnished by Landlord as well as any other amounts due Landlord as additional rent which shall
be paid along with the monthly installment of rent.


 






    	 



    	 



    



 


The rent in the Production space shall include the following:
real property taxes and assessments. Utilities are not included in the monthly rent for the production spaces and will be invoiced
separately.


 


5.
Insurance Costs of Lessor


 


Tenant shall pay, as additional rent, any increase in premiums
for insurance against direct loss that may be charged during the term of this Lease on the amount of insurance now carried by the
Landlord on the Premises and on the improvements situated on the Premises resulting from the business carried on therein by the
Tenant or from the character of its occupancy, even if the Landlord has consented thereto.


 


6.
Security Deposit


 


As additional security for the faithful performance of its obligations
hereunder, Tenant shall pay to Landlord the sum of Seven Hundred Dollars ($700.00). Unless otherwise agreed by landlord
and tenant in advance, in writing, Tenant shall pay the security deposit in one (1) payment on or before the 1st day of November
2011. The security deposit may be applied by Landlord for the purpose of curing any default or defaults of Tenant under this
Lease, in which event Tenant shall replenish said deposit in full by promptly paying to Landlord the amount so applied. If Tenant
has not defaulted or Landlord has applied the deposit to cure a default and Tenant has replenished same, then the deposit, or such
applicable portion thereof, shall be repaid in Cash to Tenant promptly after the termination of this Lease. The deposit shall not
be deemed an advance payment of rent or a measure of Landlord’s damages for and default by Tenant. No interest shall be paid
on Tenant’s security deposit.





	*$675.00 carried over from Lease Agreement dated August 2, 2010.	 	 
	 	 	INITIAL HERE







 


7.
Late Charges


 


Tenant agrees to pay a surcharge of fifteen percent (15%) on
any amount ten (10) or more days past due, and a surcharge of twenty-five percent (25%) on any amount fifteen (15) or more days
past due. All payments received shall be first applied to any past due amounts and then to current charges. No payment by Tenant
or acceptance by Landlord of a lesser amount than the basic rent, additional rent, or other payments to Landlord due hereunder
shall be deemed to be other than part payment of the full amount due. Landlord may accept such part payment without prejudice to
Landlord’s right to recover the balance due and payable or to pursue any other remedy provided in this Lease.


 


8.
Place of Payment


 


Any payment due from the Tenant to the Landlord
under this Lease shall be made the Landlord’s office at 3900 Paseo del Sol, Santa Fe, New Mexico, or at such other place
the Landlord designates from time to time in writing.


 






    	 



    	 



    
 


 


9.
Holding Over


 


In the event that Tenant holds over after expiration of this
Lease without a written agreement between the parties to renew, extend, or otherwise renegotiate the leasehold such holding over
shall be construed as a month-to-month tenancy on the terms and conditions, so far as applicable, of this Lease.


 


10.
Condition of Premises at Time of Leasing


 


The Tenant acknowledges that it has examined the Premises prior
to the making of this Lease and knows its condition, and that no representations as to its conditions or state of repair has been
made by the Landlord or its agents that are not expressed in this Lease. The Tenant hereby accepts the Premises in its present
condition at the date of the execution of this Lease.


 


11.
Delay in Obtaining Possession


 


If the Tenant cannot take possession of the Premises at the
time provided above because the Premises are not ready, or because another tenant is holding over, or because of any cause beyond
the control of the Landlord, the Landlord shall not be liable in damages to the Tenant; but rent shall fully abate during the period
of any such delay. Landlord shall not be liable for failure to deliver the Premises to Tenant on the beginning date of this Lease
for reasons beyond the Landlord’s control.


 


12.
Use and Occupancy


 


The Premises shall be used during the term of this Lease for
the business of Tenant described as B6 Sigma, Inc. and for no other purpose. The Premises shall not be used, occupied, or
kept in violation of any law, municipal ordinance, or regulation.


 


13.
Unlawful or Dangerous Activity


 


Tenant shall neither use nor occupy the demised Premises or
any part thereof for any unlawful, disreputable, or ultrahazardous business purpose, nor operate or conduct business in a manner
constituting a nuisance of any kind. Tenant shall immediately, on discovery of any unlawful, disreputable, or ultrahazardous use,
take action to halt such activity. Tenant agrees to comply with all applicable laws, ordinances, and regulations of the City of
Santa Fe, the State of New Mexico, and the United States Government, and to conform to all reasonable rules and regulations which
Landlord may establish; not to damage any part of the premises; and not to permit any employee, agent, customer, or visitor to
be in violation of any obligation of Tenant under this Lease.


 


14.
Care of Premises


 


The Tenant shall not perform any act or carry on any practices
that may injure the Building or be a nuisance to other tenants in the Building and shall keep the Premises clean and free from
rubbish and dirt at all times.






    	 



    	 



    



 


 


15.
Casualty


 


Subject to the conditions set forth in Section 15, if the Premises
are damaged or destroyed, in whole or in part, during the Term of this Lease, the Landlord shall repair and restore them to good
and tenable condition with reasonable dispatch. If the Premises are untenable in whole, the rent shall abate in full until they
are restored to good and tenable condition. If the premises are untenable in part, rent shall abate pro rata until they are restored
to good and tenable condition. Provided that:


 


		(A)	If delay in repair or restoration is caused by the Tenant failing to adjust its own insurance or to remove its damaged goods,
wares, equipment, or other property within a reasonable time, the rent shall not abate during the period of such delay;



 


		(B)	If casualty damage is caused by the negligent or willful acts of the Tenant, its agents or employees, there shall be no rent
abatement;



 


		(C)	If during the time of repair, the Tenant uses a portion of the Premises for storage, Tenant shall be liable for a reasonable
storage fee;



 


		(D)	In the event the Premises or the Building are destroyed to the extent of more than one-half its value, the Landlord may terminate
the Lease by a written notice to Tenant.



 


16.
Loss Caused by Other Tenants


 


The Landlord shall not be liable to the Tenant for damages occasioned
by the acts or omissions of persons occupying adjoining Premises or any part of its Building of which the Premises are a part,
or for any loss or damage resulting to the Tenant of its property from bursting, stoppage, or leaking of water, gas, or sewer pipes.


 


17.
Insurance to be Obtained by Tenant


 


The Tenant shall carry the following minimum amounts of insurance
during the life of this Lease with the Landlord listed as additional insured:


 


		(A)	Comprehensive General Liability insurance issued by a reputable insurance company licensed to do business in New Mexico for
bodily injuries, including those resulting in death, and property damage in an amount not less than a combined single limit of
Three Hundred Thousand Dollars ($ 300,000), and an additional Fifty Thousand Dollars ($50,000) for Fire Legal Liability.



 


		(B)	At the sole discretion of the Tenant, insurance for all contents, and Tenant’s trade fixtures, machinery, equipment,
furniture, furnishings, and inventory in the leased Premises. Tenant must be advised the Landlord is not responsible for loss of
business contents or business income of the Tenant.



 


		(C)	Insurance for any leasehold improvement made by Tenant upon the Premises against all risks of direct physical loss, including
water pipe and sprinkler breakage and damage. The insurance coverage shall be for not less than One Hundred Percent (100%) of the
then current full replacement cost of such improvements with all proceeds of insurance payable to Landlord provided, however, that
such proceeds shall be used to restore the improvements.



 






    	 



    	 



    



 


The insurance shall be in companies and in form, substance,
and amount (where not stated above) satisfactory to the Landlord. The insurance shall not be subject to cancellation except after
at least thirty (30) days prior written notice to the Landlord. Certificate of insurance together with satisfactory evidence of
payment of the premiums thereon, shall be deposited with Landlord at the commencement date of this Lease and renewals thereof not
less than thirty (30) days prior to the end of the term of such coverage.


 


Should Landlord receive notice of cancellation of said insurance,
it shall notify the Tenant to cease operations immediately and not to start again until Landlord receives new copies evidencing
that insurance describe above is in full force and effect.


 


18.
Indemnification


 


The Tenant shall indemnify and save the Landlord, and the President
of Santa Fe Business Incubator, Inc. harmless from all claims or liabilities of any type of nature or any person, firm, or corporation,
including any agents or employees of the Tenant, arising in any manner from the Tenant’s performance of operations and business
covered by this Lease. Landlord shall not be liable to the Tenant, or to any other person, for any damage to any person or property
caused by act, omission or neglect of Tenant. Tenant agrees to indemnify or hold Landlord harmless from any such liability or claim
of liability against Landlord, including attorney’s fees.


 


19.
Repairs and Alterations by Tenant


 


Tenant shall, at its own expense, keep the Premises in good
repair, and will, at the expiration of this Lease, deliver the Premises to the Landlord in like condition as when taken, reasonable
use and wear thereof and damage by the elements excepted. The Tenant shall not make any alterations, additions, or improvements
to the Premises without the Landlord’s prior written consent. All alterations, additions, and improvements made by either
party upon the Premises during the Term hereof, except movable office furniture and trade fixtures put in at Tenant’s expense,
shall become property of the Landlord at the expiration of the Term. Tenant covenants to pay as they become due all just claims
for labor and materials used in making any such additions, alterations, or improvements and to indemnify and save Landlord and
the Premises harmless of and from all costs, expenses, and damages, including reasonable attorney’s fees and costs of suit
arising out of or connected with any statutory or other liens against the Premises, the Building, or the Property for or on account
of such labor and materials.


 


Tenant covenants both for itself and its servants, agents, and
employees, to observe and keep all necessary rules and regulations of the Building which affect said Premises and will at its own
cost and expense make any and all necessary alterations or changes in the Premises which may be necessary because of any act of
the Tenant, its servants, agents, and employees, in violation of any law, ordinance, rule or regulation of any city, state, or
government body. Upon the failure of the Tenant to make or proceed to make, any such changes or alterations within thirty (30)
days after being required to by any other rule, regulation, or ordinance above referred to within ten (10) days of the receipt
of said order or notice, then Landlord may enter the Premises at its option and do and perform said alterations or make such changes
at the cost and expense of the Tenant, which said expense shall be deemed as rent and added to the next monthly installment of
rent then accruing and be collectible as such.


 






    	 



    	 



    



 


20.
Access to Premises and Common Areas


 


Landlord may enter the Premises at any reasonable time for any
reasonable purpose. If the Landlord deems any repair necessary for which the Tenant is responsible, Landlord may demand that the
Tenant perform the repair. If Tenant refuses or neglects to make the repair in a reasonable time, the Landlord may make the repair
and charge the Tenant in accordance with Section 6. The Landlord may enter the premises at reasonable times to install or repair
pipes, wires, or other appliances or to make any repair the Landlord deems essential to the use and occupancy of the other parts
of the Building. Landlord shall give reasonable advance notice to Tenant of its intention to make non-emergency repairs.


 


In addition to the Premises, the Tenant shall have a non-exclusive
right to access to such common areas as Landlord determines to be necessary to the use of the Premises as appropriate.


 


21.
Advertising Displays


 


No sign or advertising shall be displayed upon the Premises
unless approved in writing by the Landlord.


 


22.
Nondiscrimination


 


The Tenant agrees not to discriminate against any client, employee,
or applicant for employment or for services because of race, creed, color, national origin, sex, sexual orientation, or age, with
regard to, but not limited to, the following: employment upgrading; demotion or transfer, recruitment or recruitment advertising;
layoffs or termination; rates of pay or other forms of compensation; selection for training; rendition of services.


 


23.
Assignment


 


The Tenant shall not assign, transfer, or mortgage this lease
or sublet the Premises in whole or in part without the Landlord’s prior written consent. Any assignment or subletting shall
not relieve Tenant of any of its obligations under this lease.


 


24.
Trash Service


 


Landlord agrees to provide at its cost a
suitable external trash receptacle and regularly scheduled external garbage pick-up sufficient to service Tenants in order to prevent
the unsightly accumulation of trash and other debris. Tenant shall be responsible for trash collection charges that exceed a normal
service minimum charge. Tenant will dispose of all hazardous waste according to local laws and ordinances.


 






    	 



    	 



    



 


25.
Default


 


It is expressly understood and agreed that if the rents above,
or any part thereof, shall be in arrears, or if default shall be made in any of the covenants of agreements herein contained to
be kept by Tenant, Landlord may, at Landlord’s election, give Tenant ten (10) days written notice of Landlord’s intent
to terminate said Lease; provided however, that during said ten (10) day period, Tenant may correct defaults as set forth in said
notice and avoid forfeiture thereof.


 


Upon termination of this Lease pursuant to the preceding paragraph,
Tenant shall peacefully surrender the premises to Landlord, and Landlord may upon such termination or at any time after such termination,
without further notice, rent the Premises. If Tenant fails to peacefully surrender the Premises, the Landlord may repossess it
by force, summary proceedings, ejectment, or otherwise and may dispossess Tenant and remove Tenant and all other persons and property
from the Premises. At any time after such termination, Landlord may relet the Premises or any part thereof in the name of Landlord
or otherwise for such term (which may be greater or lesser than the period which would otherwise have constituted the balance of
the term of this Lease) and on such conditions (which may include concessions or free rent) as Landlord, in Landlord’s discretion
may determine and may collect and receive the rents therefor. Landlord shall in no way be responsible for or liable for any failure
to relet the Premises or any part thereof or for any failure to collect any rent due upon such reletting.


 


No such termination of this Lease shall relieve Tenant of Tenant’s
liability and obligations under this Lease, and such liability and obligations shall survive any such termination. In the event
of any such termination, whether or not the Premises or any part thereof shall have been relet, Tenant shall pay to Landlord the
rent required to be paid up by Tenant up to the time of such termination, and thereafter, Tenant, until the end of what would have
been the term of this Lease in the absence of such termination shall be liable to Landlord for, and shall pay to Landlord as and
for liquidated and agreed damages for Tenant’s default;


 


		(A)	The equivalent of the amount of rent which would be payable under this Lease by Tenant if this Lease were still in full force
and effect, Less



 


		(B)	The net proceeds of any reletting effected pursuant to the provisions of the preceding subparagraph, after deducting all of
Landlord’s reasonable expenses in connection with such reletting, including, but not limited to, all repossession costs,
brokerage commissions, legal expenses, attorneys’ fees, alteration costs and expenses of preparation for such reletting.



 


26.
Landlord’s Lien for Rent


 


Tenant hereby grants a lien to Landlord on Tenant’s interest
in all improvements, fixtures, or personal property, including inventory on the Premises. In the event Tenant fails to cure a default
under this Lease, Tenant authorizes Landlord to take possession of the property free and clear of Tenant’s interest therein.


 






    	 



    	 



    



 


27.
Cumulative Remedies


 


Remedies, rights, and benefits of this Lease are cumulative
and shall not be exclusive of any other remedy, right, or benefit contained herein or of any remedy, right, or benefit allowed
by law.


 


28.
Jurisdiction and Attorney’s Fees


 


The prevailing party is entitled to any and all attorney fees
or other costs incurred in enforcing the provisions set forth in this Lease. This paragraph shall also apply to any court action
or appeals therefrom.


 


29.
Waiver


 


One of more waivers by the Landlord or Tenant of any of this
Lease’s provisions shall not be construed as a waiver of a further breach of the same provision.


 


30.
Bankruptcy and Insolvency


 


The Landlord may cancel this Lease in the event that the estate
created hereby is taken in execution or by other process of law; or, if the Tenant is declared bankrupt or insolvent according
to law; or if any receiver is appointed for the business and property of the Tenant; or if any assignment is made of the Tenant’s
property for the benefit of creditors.


 


31.
Rules and Regulations


 


Tenant, its agents, employees, and invitees will use the common
areas of the Building (reception area, conference rooms, halls, steps, passageways, toilet rooms, delivery area, parking area,
and so forth) subject to rules as the Landlord may make from time to time for the general safety and convenience of the occupants
and tenants of the Building.


 


32.
Substitute Space


 


It is understood that Landlord may substitute space within the
Building of similar quality for the Premises leased to the tenant. Landlord shall be responsible for all expenses in moving Tenant
to the new Premises.


 


33.
Quiet Enjoyment


 


Upon performing the foregoing covenants, the Landlord agrees
that the Tenant shall and may peaceably and quietly have, hold, and enjoy the Premises of the Term herein.


 


34.
Partial Validity


 


 



    	 



    	 



    



 


If any provision of this Lease shall be invalid, the remainder
of this Lease shall not be affected thereby.


 


35.
Notice


 


Whenever this Lease requires notice to be served on Landlord
or Tenant, notice shall be effective the day after mailing, and shall be sufficient if mailed by first-class mail with postage
fully paid, to the following address:


 


	
        

        Tenant: B6 Sigma Inc.

        3900 Paseo del Sol

        Santa Fe, New Mexico 87507
	
        Landlord: Santa Fe Business
        Incubator, Inc.

        3900 Paseo del Sol

        Santa Fe, New Mexico 87507



 


36.
Amendments and Modifications


 


Except for the provisions in Section 1 relating to the Business
Assistance Program, Landlord and Tenant agree that this Lease contains the entire agreement, express or implied, of the parties
hereto. There shall be no amendments or modifications to this Lease, unless agreed to in writing, signed by Landlord and Tenant.


 


37.
Binding Successors


 


This Lease is binding on the respective heirs, successors, representatives,
and assigns of the parties.


 


38.
Applicable Law


 


This Lease shall be constructed according to the laws of the
State of New Mexico.


 


IN WITNESS WHEREOF, the parties have signed
this Lease in Santa Fe, New Mexico, the day and year written below.


 


	
        

        LANDLORD: Santa Fe Business Incubator, Inc

         

        Dated: 10/26/11
                                  

         

         

        By: /s/ Marie A. Longserre        


             Marie
A. Longserre


             President/CEO
	
        TENANT: B6 Sigma, Inc.

         

        Dated: 10/31/2011              

         

         

        By: /s/ Mark J. Cola           


             Mark
J. Cola


             President



 






    	 



    	 



    
 


 


DISCLAIMER


 


THIS AGREEMENT of understanding is prepared
for the benefit of the INCUBATOR PROGRAM, hereinafter referred to as “Program,” and B6 Sigma, Inc., hereinafter
referred to as “Business,” both parties which desire to clearly understand the relationship developed for the benefit
of promoting and assisting in this limited arrangement.


 


Program and Business are neither a partnership
nor a venture of any description, in fact or law, but rather are independent entities forming a voluntary arrangement wherein Program
is a general business advisor of Business. Business is under no compulsion or constraint to accept or implement the suggestions
and advisement of Program.


 


Business specifically acknowledges and agrees
that Program has no liability, past, present, or future, as to the final and ultimate decisions of Business, nor is Business compelled
in any fashion to accept the advisement and suggestions of Program.


 


Program neither assumes nor authorizes Business
to assume any liability of behalf of Program or suggest to third parties, either expressly or implied, that Program is in any way
a principal, agent, or associated entity of Business, and


 


Business specifically acknowledges its responsibility
for all decisions and business matters related to its operation and control.


 


The Business shall indemnify and save the
program; the Landlord, and the President of Santa Fe Business Incubator, Inc.; and any of the Programs’ agents, advisors,
representatives, and employees, harmless from all claims or liabilities of any type of nature or any person, firm, or corporation,
including any agents or employees of the Business, arising in any manner from the Business’s performance of operations and
business covered by this Lease and this disclaimer.


 


Program and Business agree herein to represent
accurately the relationship between Program and Business and to abide by these provisions.


 


Executed this 26 day of October,
2011, in Santa Fe, New Mexico.


 


	
        

        Incubator Program

         

         

        /s/ Marie Longserre                    

        Marie Longserre

        President/CEO
	
        Business: B6 Sigma, Inc.

         

         

        /s/ Mark J. Cola                        

        Mark J. Cola

        President