Exhibit 10.25


 


ASSIGNMENT AND ASSUMPTION OF LEASE


 




This Assignment and Assumption of Lease (collectively “Assignment”)
is dated for reference purposes November 19, 2007, and is entered into by and
between Boyd Enterprises Utah, L.L.C.
a Utah limited liability company (“Lessor”), whose address is c/o 1946 E.
Edinger, Santa Ana, California 92705, LabOne
Inc. a Missouri corporation (“Assignor”), whose address is 1201
South Collegeville Road CV-3035, Collegeville, PA 19426 and Consonus Acquisition Corp., a Delaware
corporation (“Assignee”), whose address is 245 Park Avenue, 39th Floor, New
York, NY 10167, who agree as follows:




 


1.         Recitals. This
Assignment is made with reference to the following facts and objectives:


 


1.1 Lessor and
Assignor entered into a written lease dated July 22, 2004(“Lease”) in which
Lessor leased to Assignor and Assignor leased from Lessor the premises located
at and commonly known as 2282 South Presidents Drive, Suite A,B,C, West Valley
City, Utah (“Premises”).


 


1.2       Assignor now desires to
assign the Lease to Assignee pursuant to the terms of this Assignment.


 


2.         Effective Date of
Assignment. The assignment in this Assignment shall take effect as of
December 1, 2007 (“Effective Date”).


 




3.         Assignment
and Assumption. Assignor assigns, sells, transfers and conveys to Assignee
all of its right, title and interest in the Lease and the Premises, and
Assignee accepts the assignment, sale, transfer and conveyance and assumes and
agrees to perform from the Effective Date, as a direct obligation to Lessor,
all of the provisions of the Lease arising from and after the Effective Date.
Assignor and Assignee further acknowledges and agrees that Lessor is not in
default of any of the terms of the Lease as of the date of this Assignment and
the Effective Date.




 


4.         Assignor’s Liability.
Assignor shall remain fully, directly and primarily liable to Lessor for the
performance of all of the provisions of the Lease by Assignee through June 30,
2009. The Effective Date through June 30, 2009, is  herein after referred to as “Term”.


 




5.         Security
Deposit, Pre-paid Rent and Free Rent. Assignor and Assignee acknowledge and
agree that prepaid rent or security deposit, if any, held by Lessor on behalf
of Assignor shall be held by Lessor for the account of Assignee and that there
is no abated or free rent due Assignor or Assignee under the terms of the
Lease. Should there be any prepaid rent, security deposit or abated or free
rent due, Assignor hereby relinquishes and releases all right, title and
interest in any prepaid rent or security deposit which Assignor or any
predecessor of assignor may paid to Lessor and further transfers any such
interest to Lessor or Assignee as the case may be.




 


6.         Conditions. Lessor’s
consent to this Assignment is conditioned upon the following:


 


6.1                    Payment of
Sums Due. Rent and all additional rent and sums due must be current as of
the Effective Date. This Assignment is expressly conditioned upon receipt by
Lessor of such sums, and if such sums are not so paid, then this Assignment
shall be null and void, and of no force or effect.


 


6.2                    Assignee
represents and warrants that it has inspected the Premises, including with
respect to Hazardous Materials, as defined below, and accepts the premises As
Is.


 


6.3                    Assignee shall
during the Term hereof, defend, indemnify and hold Assignor harmless from all
claims, demands, liabilities, damages, judgments, orders, decrees, actions,
proceedings, fines, penalties, costs and expenses, including without


 

















 




limitation, court costs and attorneys’ fees arising from
or relating to bodily injury, wrongful death or damage to property of third
parties due to the intentional or negligent acts, errors or omissions of
itself, its agents, employees, or representatives in, on or about the Premises.
The provisions hereof do not and shall not relieve Assignor of the
responsibility or liability for the intentional or negligent acts, errors or
omissions of itself, its agents, employees or representatives which cause
injury or death to persons or damage to property in, on or about the Premises.




 




7.         Compliance
with Laws. Assignee
acknowledges and agrees that the operation of Assignee’s business may involve
the use of hazardous or toxic substances or materials (collectively “Hazardous
Materials”) as defined in the Lease. Notwithstanding any covenants contained in
the Lease, Assignee acknowledges and agrees that it will operate its business
in the Premises in compliance with all rules and regulations promulgated by any
governmental or quasi-governmental authority having jurisdiction over the use
of Hazardous Materials and will comply with all rules and regulations
promulgated by Lessor pursuant to Lease with regard to the maintenance or
disposal of Hazardous Materials. Assignee further acknowledges and agrees that
failure to comply with the rules and regulations set forth herein or any other
reasonable rules and regulations promulgated by Lessor pursuant to the Lease
shall constitute a default under the Lease subject only to any notice required
by any applicable statute.




 


8.         Amendments to Lease.
Lessor and Assignee shall have the right to amend the Lease or enter into any
agreement which would modify the obligations of the parties under the Lease
with the consent of Assignor which shall not be unreasonably withheld. Any such
amendment or modification shall be binding upon Assignor during the Term of the
Lease.


 


9.         Miscellaneous.


 


9.1       Notice. All events
of notice for Assignee and the substance there of, are events of notice for
Assignor. The parties acknowledge and agree that from and after the Effective
Date the addresses for notice as required by the Lease or this Assignment shall
be as follows:


 


Lessor

Boyd Enterprises Utah, L.L.C.

1946 E. Edinger

Santa Ana, California 92705

Attn: Willis Boyd


 


Assignor

Lab One, Inc.

c/o Quest Diagnostics Incorporated

1201 South Collegeville Road, CV- 3035

Collegeville, PA 19426

Attn: Employer Solutions


 


With a required copy to:


 


Quest Diagnostics
Incorporated

1201 South Collegeville Road, CV-3041

Collegeville, PA 19426

Attn: Corporate Real Estate Department


 


Assignee

Consonus Acquisition Corp.

445 Park Avenue, 20th Floor


New York, NY 10167


 

















 


9.2       Successors. This
Assignment shall be binding on and inure to the benefit of the parties and
their successors, except that such restrictions upon assignment as are
contained in the Lease shall continue to apply.


 


9.3       Integration. This
Assignment contains and embodies the full and complete understanding of the
parties with regard to assignment and assumption of the Lease, including any
and all representations, covenants, conditions and warranties; and no other
agreements, understandings, representations, covenants, conditions or
warranties have been made or relied upon in entering into the Assignment. All
prior discussions and negotiations regarding the assignment and assumption of
the Lease have been and are merged and integrated into, and are superseded by,
the Assignment.


 


9.4       Governing Law. This
Assignment shall be governed by and construed under the internal laws of the
State of Utah; not the law of conflicts.


 


9.5       Paragraph Headings.
The paragraph headings in the Assignment are for convenience of reference only
and shall not limit or otherwise affect the meanings of those paragraphs.


 


9.6       Counterparts. The
Assignment may be executed in counterparts, each of which shall be deemed an
original but which together shall constitute the same instrument.


 




9.7       No
Implied Waivers. The failure of either party at any time to enforce any
provision of the Assignment, or to require performance under any provisions of
the Assignment, shall not affect in any way that party’s right to enforce such
provision or require full performance at any time thereafter. The waiver of any
breach shall not be construed as a waiver of the provision.




 




9.8       Severability.
If any provision of this Assignment or any part of such provision is invalid or
incapable of enforcement, for any reason, all other provisions and the
remainder of any partially invalid provision shall remain in full force and
effect, it being the parties’ intention that their conduct and obligations be
governed, so far as possible, by the Assignment. No provision or part thereof
shall be deemed dependent on any other part or provision, unless so expressed.




 


9.9       Amendment. This Assignment may be
amended at any time only by the written agreement of the parties. All
amendments, changes, revisions and discharges of this Assignment, in whole or
in part, and from time to time, shall be binding upon the parties despite any
lack of legal consideration, so long as the same shall be in writing and
executed by the parties.


 


9.10     No Third Party Benefit.
Except as otherwise set forth herein, this Assignment is intended to benefit
only the parties hereto, and no other person or entity has or shall acquire any
rights hereunder.


 


9.11     Further Acts. Each
party hereby agrees that it shall, upon request of the other, execute and
deliver such further documents (in form and substance reasonably acceptable to
the party to be charged) and to do such other acts and things as are reasonably
necessary and appropriate to effectuate the terms and conditions of this
Assignment.


 


9.12     Voluntary Agreement;
Authority. The parties have read this Assignment, and on advice of counsel,
or following the opportunity to obtain such advice and the decision to proceed
without it, they have freely and voluntarily entered into this Assignment.


 




9.13     Conflicts
with Lease. In the event of any conflict between the terms of the Lease and
the terms of this Assignment, the terms of this Assignment shall control.




 

















 


9.14     Attorney’s Fees. In the event of any
dispute arising from the interpretation or enforcement of this Assignment, the
prevailing party in any action, arbitration or proceeding to interpret or
enforce the terms of this Assignment shall receive its attorney’s fees and costs
incurred therein.


 


[signatures on following page]


 

















 


IN WITNESS WHEREOF
the parties hereto have executed this Assignment as of the date first written
above.


 




	
   

  	
  Lessor

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Boyd
  Enterprises Utah, L.L.C. a Utah limited liability 

  company

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Willis Boyd

  	
   

  
	
   

  	
  Its:

  	
  Managing Member

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Assignor

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  LabOne,
  Inc. a Missouri corporation

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Rich Bevan

  	
   

  
	
   

  	
  Its:

  	
  Vice-President of Employer Solutions

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Assignee

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Dated: 11/19,
  2007.

  	
   

  	
  Consonus
  Acquisition Corp., a Delaware corporation

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Daniel S. Milburn

  	
   

  
	
   

  	
  Its:

  	
  Chief Operating Officer

  	
   

  
	
   

  	
   

  	
   

  





 

















 


LEASE


 


THIS LEASE, dated
July 2004, by and between BOYD ENTERPRISES UTAH, L.L.C., a Utah  limited liability company hereinafter
referred to as “LESSOR” and LABONE, INC. a
Missouri corporation hereinafter referred to as “LESSEE”.


 


Lessor hereby
leases to Lessee, and Lessee leases from Lessor for the purpose of operating a
laboratory performing testing of blood, urine and oral fluid and other
associated business activities, in approximately 21,236 square feet in a one
story building located in Salt Lake County and known as 2282 South  Presidents Drive (THE HAYES BLDG.), Unit
A,B,C, Salt Lake City, Utah (the “Premises”) as shown on the site plan attached
as Exhibit A.


 


1.         TERM AND RENT: The term
of this Lease shall be for SIXTY (60) months (“Term”) commencing upon July 1,
2004 (“Commencement  Date”). The
initial Base Rent shall be $13,918 per month, plus initial CAM Charge of $1,699
per month for a total of $15,617.00 per month. Lessee’s initial prorated share
of Common Area Maintenance Charge (“CAM Charge”) is 12.5% and is based on a
fraction the numerator of which is the square footage of the Premises (21,236
sq.ft.) and the denominator of which is the total square footage of the
business park totaling 169,888 sq.ft. (“Business Park”) of which the Premises
are a part, and as now exists (“Lessee’s Pro Rata Share”). The CAM Charge
consists of all costs of operation, maintenance, repair and replacement of the
Business Park including, but not limited to, real property taxes and/or any
substitute therefor, insurance, utilities, and common area maintenance of the
Business Park including, but not limited to, snow removal, landscape maintenance,
and all exterior maintenance of the Premises and of the Business Park. CAM
Charge shall not include (i) costs and expenses incurred to bring the Premises
or the Business Park into compliance with any federal, state or local laws,
statute or ordinance applicable to the


 

















 




Premises or the Business Park in effect immediately
prior to the Commencement Date or due to defects or deficits in the original
construction thereof or Lessor’s improvements thereto, provided such defects
have not been caused by the acts or omissions of Lessee, (ii) the costs of
repairs or other work incurred by reason of fire, windstorm or other casualty
required to be insured against hereunder and to the extent of any insurance
proceeds received by Lessor, except for reasonable deductibles paid under
insurance policies maintained by Lessor; (iii) costs associated with the
operation of the business of Lessor which are not related to the operation of
the Business Park and/or the sale and /or financing of the Premises or the
Business Park as distinguished from the cost of Premises or Business Park’s
operations, maintenance and repair; (iv) costs of disputes between Lessor and
its employees, Lessees or contractors; (v) costs of alterations or improvements
which under generally accepted accounting principles are properly classified as
capital expenditures, except (A) improvements or replacements to structural
elements of the Premises or systems serving the Premises (excluding HVAC)
following expiration of their useful life or (B) those that are directly caused
by Lessee’s use of the Premises or the negligent or intentional acts or
omissions of Lessee or its agents, or (C) to comply with any new governmental
regulation not applicable to the Premises or the Business Park on and after the
Commencement Date; and (vi) costs incurred in remediating any environmental
contamination caused by Lessor or its agents. The CAM Charge set forth above is
merely an estimate and will be adjusted by Lessor as necessary to reflect the
actual costs of operation, maintenance, repair and replacement of the Business
Park. Within ninety (90) days following the end of each calendar year during
the term (or the earlier termination of this Lease Term), Lessor shall endeavor
to provide Lessee with a




 


2

















 


statement setting forth
in reasonable detail Lessee’s share of the actual CAM Charge for the preceding
year. Lessor will also provide an estimate of the CAM Charge for the then
current calendar year, and the new monthly amount payable by Lessee for the
then current year’s expenses. Within thirty (30) days following presentation of
Lessor’s statement, Lessor shall refund to Lessee the full amount of any
overpayments of the CAM  Charge
made by Lessee for the preceding year or Lessee shall pay to Lessor the full
amount of underpayments of the CAM Charge for the preceding year and for the
period of time from the beginning of the then current year to the date of the
notice. All sums due from Lessee to Lessor, whether denominated as such herein,
shall be deemed to be additional rent (“Additional Rent”). Rent and CAM Charge
are due and payable in advance, without notice, on the FIRST day of each
month beginning on the Commencement Date. Lessor shall give Lessee written
notice of any rent or CAM Charge that is not received by the first day of the
month such rent is due, and Lessee shall pay such rent within 5 days of it
receipt of such notice. Such notice shall be in lieu of and not in addition to
any notice required by statute. Rent shall be increased pursuant to the Rent
Schedule attached hereto as Addendum A and incorporated by reference here. The
Premises are located in the M Zone of West Valley City, Utah. However, Lessor does not assume
responsibility for Lessee’s receipt of any approvals from any governmental
agency or utility having jurisdiction of the Premises. Lessor shall not be held
liable to Lessee for any delays Lessee creates in obtaining occupancy. Any
delay caused by Lessee shall not affect Commencement Date of this Lease or the
monetary or non-monetary obligations of Lessee under this Lease. Lessor
acknowledges receipt of $15,617 which will be considered the sixth month’s
rent. Months #1 through Month #5 are abated. See addendum A Rent Schedule.


 


3

















 


Notwithstanding the
foregoing, should Lessee enter the Premises with Lessor’s prior written consent
prior to the Commencement Date (“Early Possession Date”), the obligation to pay
Rent shall be abated for the Early Possession Period. All other terms of this
Lease, however, including, but not limited to, Lessee’s obligation carry the
insurance and provide the certificates of insurance required by Paragraph 3 of
the Lease, shall be in effect during the Early Possession period. Such Early
Possession shall not change the expiration date of the term.


 


Security Deposit.
Lessee shall deposit with Lessor upon Lessee’s execution hereof a security
deposit (“Security Deposit”) in the amount of $15,617 as security for Lessee’s
faithful performance of Lessee’s obligations under this Lease, If Lessee fails
to pay Base Rent, CAM Charge or Additional Rent or otherwise defaults under
this Lease, Lessor may use the Security Deposit for the payment of any amount
due Lessor or to reimburse or compensate Lessor for any liability, cost,
expense, loss, or damage (including attorneys’ fees) which Lessor may suffer or
incur by reason thereof. Lessee shall on demand pay Lessor the amount so used
or applied so as to restore the Security Deposit to the amount set forth in
this paragraph. Lessor shall not be  required
to keep all or any part of the Security Deposit separate from its general
accounts. Lessor shall, at the expiration or earlier termination of the term
hereof and after Lessee has vacated the Premises, return to Lessee that portion
of the Security Deposit not used or applied by Lessor. No part of the Security
Deposit shall be considered to be held in trust, to bear interest, or to be
prepayment for any monies to be paid by Lessee under this Lease.


 




la.        IMPROVEMENTS: Lessor agrees to demise
Premises in accordance with Exhibit A. Lessee may use any existing equipment,
including but not limited to HVAC units, UPS system, power generator, badge




 


4

















 




security system, and raised flooring. Lessee shall be
allowed to remove surplus equipment as needed provided Lessee has submitted
plans to Lessor for Lessor’s reasonable approval. Lessor to provide storage of
any surplus fixtures or equipment removed from the Premises that could be
re-installed on the Premises upon termination of the Lease in Lessor’s sole
opinion. Lessor to deliver keys to Lessee upon full execution of Lease. Lessor
reserves the right to make changes to the common areas including, but not
limited to, driveways, entrances, landscaped areas and parking, provided there
is no material and permanent impairment to Lessee’s use of the Premises for the
purposes stated in this Lease.




 




1b.      RENEWAL OPTIONS: Provided Lessee is not then
in default has not received more than two (2) notices of default during the
term of the Lease, Lessee may extend the term of this Lease for two (2) five
(5) year period(s) (collectively “Extensions”). Lessee must give Lessor written
notice of its decision to extend the term of this Lease and Lessor must receive
such notice at least one hundred eighty (180) days prior to the expiration of
the term or the end of the first Extension, as the case may be. For the first
Extension, the difference between an average of the Federal Consumer Price
Index for all Urban Consumers, All Items (1982-1984=100) for the first three
months of this Lease and the last three months of the Lease shall be the
percentage increase in the Base Rent for the first Extension (“First Extension”)
.. For the second Extension (“Second Extension”), the difference between an
average of the Federal Consumer Price Index for all Urban Consumers, All Items
(1982-1984=100) for the first three months of the First Extension and the last
three months of the First Extension shall be the percentage increase in the
Base Rent for the Second Extension.




 


1c.       ABATEMENT: Months #1,
#2, #3, #4, #5 are abated.


 


5

















 




Notwithstanding the foregoing, any rent or other
charges which have been abated hereunder shall become immediately due and
payable by Lessee to Lessor upon any default of Lessee under this Lease that
has not been cured within the applicable cure period.




 




1d.      RIGHT OF FIRST REFUSAL:  Subject to any existing rights, Lessee
shall have the right of first refusal for lease of Suite D. Lessee shall have
five (5) days to accept or reject an offer to lease Suite D.




 


2.         SPRINKLER SYSTEM:
The Premises are equipped with an automatic sprinkler system as approved by the
Pacific Board of Fire Underwriters. Except for Lessor’s Work, any other change
to the Premises by Lessee including, but not limited to re-arrangement of
Lessee’s equipment or personal property, which will change the fire rating to a
higher risk than that now designated and require a change to the fire sprinkler
system, will be the responsibility and sole cost of Lessee. In the event Lessee
does not complete such repairs or corrections within 10 days of written notice
from Lessor, Lessor may make such repairs and/or corrections at Lessee’s sole
cost and expense and Lessee shall reimburse Lessor for such costs, as
additional rent, with the installment of rent next coming due.


 




3.         INSURANCE:
Lessor shall maintain a full replacement value policy of property insurance on
the Premises at the pro-rated expense of Lessee as provided in section 1, and
Lessee shall maintain its own policy of fire insurance on all of its tools,
equipment and materials. Lessee shall maintain general liability insurance with
minimum limits of $1,000,000 per occurrence and $3,000,000 aggregate on the
then most current form used by the liability insurance industry. Lessee shall
name Lessor, any entity managing the Business Park, and Lessor’s lender as
additional insured on the liability insurance carried




 


6

















 




hereunder. Such insurance shall provide that it may
not be canceled without at least 30 days’ written notice to Lessor. Lessee
shall deliver to Lessor a certificate of insurance on a standard insurance
industry form evidencing the coverage required in this Section prior to the
earlier of the Commencement Date or the date upon which Lessee enters the
Premises. Lessee shall also maintain personal property insurance against “all
risks” at least as broad as the current ISO Special Form policy for loss to any
of Lessee’s business personal property and any alterations or improvements made
by Lessee to the Premises. Waiver of Subrogation: Lessor and Lessee hereby
waive any rights each may have against the other on account of any loss or
damage occasioned to Lessor or Lessee, as the case may be, their respective
property, or the Building and the Premises arising in any manner covered by the
fire and extended coverage insurance maintained pursuant to this Lease, and the
parties each agree to use their best efforts to have their respective insurance
companies insuring the property of either Lessor or Lessee against any such
loss, waive any right to subrogation that it may have against Lessor or Lessee,
as the case may be.




 


4.         FIRE: If the
Premises shall be destroyed by fire or other causes, or be damaged thereby that
they become untenantable and cannot be rendered tenantable within one hundred
eighty (180) days from the date of the damage, this Lease may be terminated by
Lessor or by Lessee and Rent shall be abated from the date of such destruction
to the date the Lease is so terminated to the extent the Premises are
untenantable. In case damage to the Premises does not require a termination of
the Lease as above provided, Base Rent shall be abated from the date of such
damage to the repair of such damage to the extent the Premises are
untenantable, and Lessor shall repair the damages within a reasonable time if
not terminated to the extent of any proceeds


 


7

















 


received by Lessor from
policies of insurance which Lessor is required to carry hereunder. However, if
greater than twenty-five (25%) of the Premises are unusable by Lessee, as
reasonably determined by Lessor, this Lease may be terminated by the Lessee or
Lessor and Lessee shall be reimbursed by Lessor for any prepaid rent or other
prepaid expenses.


 


5.         CARE OF PREMISES:
As used in this Lease, the term Hazardous Material means any substances defined
as or included in the definition of hazardous substances, hazardous wastes,
hazardous materials or toxic substances now or subsequently regulated under any
applicable federal, state or local laws or regulations. Lessee shall not cause
or permit any Hazardous Material to be generated, produced, brought upon, used,
stored, treated or disposed of in or about the Premises by Lessee, its agents,
employees, contractors, sublessees, or invitees without the prior written
consent of Lessor. Lessee may not install or use any storage tank on the Premises
or in the Business Park. The common area of the Business Park including, but
not limited to the area contiguous and adjacent to the Building on the Premises
will be maintained by Lessor, at Lessee’s Pro Rata Share, and kept in an
orderly manner and no waste products will be allowed to accumulate. Lessee
shall remove all of its own waste products at its own expense.


 


Lessor represents that
Lessor has not treated, stored, generated or disposed of any Hazardous Material
upon, under, about or within the Premises and, to the best of Lessor’s actual
and current knowledge, no Hazardous Material is present on or under the
Premises as of the Commencement Date. Lessor shall and does hereby indemnify
Lessee and hold Lessee harmless from any against any and all expenses, losses
and liabilities suffered by Lessee as result of a governmental authority
ordering a cleanup, removal or other redemption by Lessee for any Hazardous
Material


 


8

















 




located on, under or about the leased premises during
the Lease Term caused by Lessor and/or any prior owner, lessor or lessee.




 


Lessee shall not commit,
or suffer to be committed, any waste upon the Premises, or any public or
private nuisance; and  shall not
use said premises or suffer the same to be used for any unlawful purpose.
Lessee shall not do or permit to be done any act which will void or suspend any
insurance policy covering the Premises, or any part thereof or any appurtenant
or fixture thereto or property thereon or the building in which the Premises
are located or any part thereof or any appurtenant or fixture thereto or
property thereon. Lessee shall not do or permit to be done anything on the
Premises which would constitute an unreasonable annoyance to adjoining tenants
or which would injure the reputation of the Premises or the Business Park, and
Lessee shall not do or permit to be done anything which will weaken the
structural strength of the Premises.


 


Except as otherwise
provided herein, Lessor makes no covenant or representation as to the
suitability of the Premises for any purpose. Lessee has a (30) thirty day
period, beginning on the Commencement Date, during which to notify Lessor of
any defect in any improvement or system within the Premises which are Lessor’s
obligation under the Lease to repair, and Lessor agrees to repair or restore
such defect within thirty (30) days of receipt of such notice by Lessee, or, if
more than thirty (30) days is required to restore or repair, Lessor shall have
begun such restoration or repair within thirty (30) days and will diligently
pursue such restoration or repair to completion within a reasonable time.


 


Lessee shall not make any
alterations or improvements during the term of this Lease unless the written
consent of the Lessor shall be first had and obtained, such consent not to be
unreasonably withheld or delayed. Prior to the commencement of any alterations
or improvements on the Premises Lessee shall


 


9

















 


provide to Lessor copies
of plans, permits, names, addresses and telephone numbers of contractors,
sub-contractors and material suppliers, building schedule and payment draw
schedule. Upon completion of the alterations or any improvements made by Lessee
to the Premises, Lessee shall provide to Lessor an unconditional lien waiver or
other documentation satisfactory to Lessor in its sole discretion evidencing
the full payment of all contractors and materialmen by Lessee. Any approved
improvements or alterations by Lessee, shall be completed in a good and
workmanlike manner, with all permits obtained in lien free condition and must
be completed within a reasonable time. Failure by Lessee to remove any liens
arising from alterations or improvements by Lessee or its contractors or
materials brought on the Premises by Lessee or its contractors or materialmen
within 5 days of Lessor’s receipt of such lien will result in termination of
the Lease at Lessor’s sole option and forfeiture of all improvements, prepaid
rent, security deposits and any other deposits held by Lessor provided that
Lessor immediately notifies Lessee. Notwithstanding anything to the contrary
contained in this Lease, at the end of the term or earlier termination of the
Lease, Lessee shall remove those improvements or alterations installed or
constructed on the Premises by Lessee which Lessor specifies in writing prior
to the end of the term or, in the case of an early termination, which Lessor
specifies in writing within 60 days of the date of the early termination.
Lessee shall thereafter repair any damage caused by such removal and leave the
Premises in broom clean condition. Further, Lessee acknowledges and agrees that
(1) it has no ownership interest in the Premises or any real property of Lessor’s
of which the Premises are a part, (2) Lessee’s interest in the Premises is
merely that of a tenant under this Lease, and (3) all work, improvements or
alterations to the Premises not specifically requested by Lessor


 


10

















 




in writing have been performed solely at Lessee’s
request and not at Lessor’s request. In addition, Lessee shall provide a
completion bond (“Completion Bond”) for the total amount of Lessee’s
improvements delivered to Lessor prior to commencement of construction.




 


6.         FIXTURES: Any fixtures,
additions, or appurtenances attached to the Premises during the term of this
Lease by Lessee, other than removable trade fixtures for which Lessee will
repair any damage caused by their removal, are considered to be part of the real
property and may not be removed without prior written consent of the Lessor,
such consent not to be unreasonably withheld or delayed.


 


7.         TAXES: Lessee
shall be responsible for county and city taxes upon the leasehold improvements
by or on behalf of Lessee which, if billed to Lessor, will be included in the
CAM Charge. Property taxes and assessments or any taxes or assessments in lieu
thereof (“Property Taxes”) will be allocated to the herein described property
by the County Tax Assessor or any successor authority and Lessee will be
responsible for Lessee’s Pro Rata Share of the Property Taxes. Lessee will pay
all personal property taxes whether they are assessed to Lessee directly or to
Lessor.


 




8.         REPAIRS
AND MAINTENANCE:  Except
repairs, replacements or maintenance necessitated in any manner by the
negligent or intentional acts or omissions of Lessee or its agents, Lessor
shall maintain the roof and exterior walls, floor, parking area and walkways,
plumbing and electrical systems, and area landscaping in good condition and
repair at its own expense. Lessee shall maintain the balance of the Premises
and appurtenances, including, but not limited to, heating and air conditioning
units, in good condition and repair at its expense. Lessor represents and warrants
that, as of the Commencement Date,




 


11

















 


the HVAC system, roof
structure, fire sprinkler system, and structural integrity of the walls and
foundation are in good condition, functioning properly, and to Lessor’s current
and actual knowledge not in need of repair. Lessee agrees that on the last day
of the term or sooner termination of the Lease, it will surrender the Premises
to Lessor in as good condition as they are as of the Commencement Date, damage
by fire, act of God or by the elements of other casualty excepted to the extent
such Lessor is reimbursed by insurance for such loss. If Lessee shall fail to
keep the Premises properly repaired, Lessor may do so (but is not obligated),
and the cost of such repair shall be paid by Lessee with the next installment
of and as rent due hereunder.


 


Lessor shall
cooperate reasonably with Lessee to utilize all manufacturers’ and construction
warranties related to Lessor’s Work. When Lessor has an obligation to repair, Lessor
shall repair such item(s) or area(s) within a commercially reasonable amount of
time after receipt of written notice from Lessee, unless due to the nature of
such repair, more than thirty days are needed to repair in which case Lessor
shall begin such repair within thirty days and diligently pursue such repair to
completion.


 


Notwithstanding
anything to the contrary in the Lease, Lessor shall have no obligation to
perform any work on or about the Property or Premises other than that for which
Lessor is obligated by the Lease and that which is as specifically set forth
herein.


 


Lessee shall, at
Lessee’s sole cost and expense, fully, diligently, and in a timely manner
comply with all “Applicable Requirements,” which term is used in this Lease to
mean all laws, rules, regulations, ordinances, directives, covenants,
easements, and restrictions of record, permits, the requirements of any
applicable fire insurance underwriter or rating bureau, and the


 


12

















 


recommendations of Lessor’s
engineers and/or consultants, relating in any manner to the Premises (including
but not limited to matters pertaining to (a) industrial hygiene, (b)
environmental conditions on, in, under, or about the Premises, including soil
and groundwater conditions, and (c) the use, generation, manufacture,
production, installation, maintenance, removal, transportation, storage, spill,
or release of any Hazardous Substance), now in effect or which may hereafter
come into effect. Lessee shall, within 5 days after receipt of Lessor’s written
request, provide Lessor with copies of all documents and information evidencing
Lessee’s compliance with any Applicable Requirements, and shall immediately
upon receipt notify Lessor in writing (with copies of any documents involved)
of any threatened or actual claim, notice, citation, warning, complaint, or
report pertaining to or involving failure by Lessee or the Premises to comply
with any Applicable Requirements.


 


9.         WAIVER OF CLAIMS AND
INDEMNIFICATION BY LESSEE OR LESSOR: Lessee agrees to and hereby does
indemnify and save Lessor and Lessor’s partners, shareholders, members,
directors, officers, employees, agents and contractors harmless from and
against any and all claims arising from the use or occupancy of the Premises by
Lessee or from any acts, omissions, or negligence of Lessee, or its
contractors, licensees, agents, servants, employees, or invitees, and from and
against all costs, expenses, and liabilities incurred in or in connection with
any such claim or proceedings brought thereon, including, but without
limitation, litigation expenses and reasonable attorney’s fees. Lessor agrees
to and hereby does indemnify and save Lessee harmless from and against any and
all claims arising from any default of Lessor under the Lease which has not
been cured after any applicable notice from Lessee and the expiration of any
applicable cure period or from any acts, omissions, or


 


13

















 


negligence of Lessor, or
its contractors, licensees, agents, servants, or employees, and from and
against all costs, expenses, and liabilities incurred in or in connection with
any such claim or proceedings brought thereon, including, but without
limitation, litigation expenses and reasonable attorney’s fees.”


 


10.       UTILITIES: Lessee
shall at its sole expense secure all electrical, gas, and telephone service
which it requires in connection with its occupancy of the Premises and
indemnify hold Lessor and its partners, officers, directors, shareholders,
members, employees, contractors and agents harmless from any claims, liability
or loss because of the Lessee’s failure to make timely payments for all such
services. If any services or utilities are jointly metered with other premises
within the Business Park, Lessor shall make a reasonable determination of
Lessee’s proportionate share of the cost of such utilities and services and
Lessee shall pay such share to Lessor within thirty (30) days after receipt of
Lessor’s written statement. Lessee shall transfer all electrical utilities into
its name as of the earlier of (a) the Early Possession Date or (b) the
Commencement Date, but in no event later than five (5) days after the earlier
of the two dates. Failure to do so will result in cancellation of all existing
electrical utilities to the Premises by Lessor and Lessee hereby waives any
claims, losses, liabilities or damages against Lessor arising from the
cancellation of such utilities. Any costs or fees to reinstate service will be
the sole responsibility of the Lessee.


 


Upon Lessee’s
written request, Lessor will provide Lessee a statement of the basis for the
calculation of Lessee’s proportionate share of the cost of jointly metered
services or utilities.


 


14

















 


11.       RIGHT OF ENTRY:
Lessee shall permit Lessor and its agents to enter into and upon said premises
at all reasonable times and with twenty four (24) hours advance written notice,
except in cases of emergency, for the purpose of inspecting same or for the
purpose of making any repairs which Lessor desires to make or repairs which
Lessor is obligated or allowed to make under the terms of this Lease.


 


12.       ASSIGNMENT AND
SUBLETTING:  Lessee shall not
assign this Lease or any interest therein or sublet the Premises or any part
thereof without first obtaining the written consent of the Lessor. Such consent
shall not be unreasonably delayed or withheld if proposed assignee or sublessee
is of good financial responsibility, in Lessor’s sole reasonable discretion and
the use to be made by such proposed assignee or sublessee is reasonably
acceptable to Lessor. A consent to one assignment or subletting or use by any
other person shall not be deemed to be a consent to any subsequent assignment,
subletting or use, and shall not release Lessee from any obligations pursuant
to the provisions of this Lease unless agreed to by Lessor. Any such
assignment, subletting or use without Lessor’s consent shall terminate this
Lease at the option of Lessor. Any request by Lessee to Lessor for Lessor’s
consent to an assignment or subletting shall include a written notice, stating
the proposed date of such assignment or subletting, specifically identifying
the proposed assignee or sublessee, including but not limited to such proposed
assignee’s or sublessee’s proposed use, net worth and previous business
experience. Information on the proposed assignee’s or sublessee’s net worth
shall include, but not be limited to, submission of copies to Lessor of two
years’ income statements, balance sheets and statement of changes in financial
position in audited form and certified as accurate by the proposed assignee or
sublessee, Notwithstanding anything to the


 


15

















 




contrary contained in the Lease, should Lessee seek to
sublease more than 25% of the Premises to a proposed sublessee, whether in one
transaction or a series of transactions, Lessor may, in its sole discretion,
withhold consent to such sublease. Within sixty (60) days of receipt of such
written notice and all supporting information, Lessor shall, by giving written
notice to Lessee of its intention to do so: (a) withhold consent to such
assignment or subletting; (b) consent to such assignment or subletting; or (c)
terminate the Lease, such termination to be effective thirty (30) days after
such notice from Lessor. If Lessor exercises its termination right hereunder,
Lessor shall have the right to enter into a lease or other occupancy agreement
directly with the proposed assignee or sublessee and Lessee shall have no right
to any of the rents or consideration payable by such proposed assignee or
sublessee under such new lease or occupancy agreement. Lessee may, however,
elect to nullify Lessor’s election to terminate this Lease under clause (c)
above by furnishing Lessor with written notice of Lessee’s election to withdraw
its request for consent to the proposed assignment or sublease within ten (10)
days of Lessee’s receipt of Lessor’s notice of termination, in which event the
Lease shall remain in effect with the existing Lessee. Lessor and Lessee
specifically agree that Lessor’s election to terminate the Lease under clause
(c) above may be made in Lessor’s sole and absolute discretion and that no test
of reasonableness shall be applicable thereto.




 


Notwithstanding
anything to the contrary contained in this Lease, Lessee may assign this Lease
or sublet the Premises upon notice to Lessor but without Lessor’s consent to a
subsidiary, affiliate or parent company; any firm corporation, or entity which
Lessee controls, is controlled by, or is under common control with; any
partnership in which Lessee has a majority interest; or to any entity which
succeeds to all or substantially


 


16

















 


all of its assets whether
by merger or sale, provided any such entity has a net worth which is greater
than the greater of Lessee’s net worth as of the Commencement Date or Lessee’s
net worth as of the date of the assignment or sublease. Notwithstanding
anything to the contrary in this Lease or elsewhere, in the event of any
assignment of this Lease by Lessee, Lessor shall be entitled to 100% of the
profit from such assignment which is based upon the value of this Lease. In the
event of any sublease by Lessee, Lessor shall be entitled to all sublease rent
or other compensation to Lessee from a sublessee which is in excess of the rent
and other charges paid by Lessee pursuant to the Lease. This Lease shall not be
assigned or transferred by any process of insolvency or bankruptcy, either
voluntary or involuntary, nor by receivership proceedings nor by operation of
law.


 


13.       LESSEE DEFAULT AND
REMEDIES FOR BREACH: If Lessee shall fail to pay the Base Rent, CAM Charge,
Additional Rent or any other charges due or fails to provide insurance required
of Lessee under this Lease after ten (10) days written notice from Lessor, then
Lessor may terminate this Lease. If Lessee shall become insolvent, or if
proceedings in bankruptcy or insolvency shall be instituted by or against the Lessee,
or if the Lessee shall make an assignment for the benefit of creditors, or if a
receiver or trustee shall be appointed to Lessee’s property, and Lessee cannot
vacate, release, dismiss or otherwise correct such event within sixty (60) days
after such event occurs, then any such event shall be deemed a default on the
part of the Lessee under this Lease and shall give rise to all the rights and
remedies of the Lessor provided by this Lease or by law, including not by way
of limitation, the immediate right to terminate this Lease and all rights of
Lessee in the leased premises, all improvements and fixtures located thereon.


 


17

















 


Notwithstanding the above
remedies for breach, prior to exercising its remedies for a non-monetary
breach, Lessor shall give Lessee written notice of such breach and allow Lessee
thirty (30) days upon receipt of written notice of such breach to cure the
breach, or, if due to the nature of the breach more than thirty (30) days is
required to cure the breach, provided Lessee continues to pay the rent and all
other charges due under the Lease on a timely basis, Lessee shall have a
reasonable amount of time to cure the breach.


 




In the event of any breach of this Lease by Lessee,
Lessor, besides all other rights or remedies it may have, shall have the
immediate right to re-entry and may remove all persons and property from the
Premises; such property may be removed and stored in a public warehouse at the
sole cost of the Lessee. Should Lessor elect to re-enter or should it take
possession pursuant to any notice provided for by law, it may either terminate
this Lease, or without termination it may from time to time re-let the Premises
or any part thereof for such term or terms and at such rental or rentals and
upon such other terms and conditions as Lessor in its sole discretion may deem
advisable. Lessor, at its sole cost and expense, shall have the right to make
any alterations or repairs to the Premises. Rentals received by Lessor from such
re-letting shall applied as follows:




 


(a) To the payment
of any indebtedness other than rent due hereunder from Lessee to Lessor.


 


(b) To the payment
of rent due and unpaid hereunder.


 


(c) To the payment
of any cost of such re-letting.


 


The residue, if any,
shall be held by the Lessor and applied to payment of future rent installments
as the same may become due and payable.


 


Should the rentals
received from such re-letting during any month be less than that agreed to be
paid during that month by


 


18

















 




Lessee hereunder, Lessee shall pay such deficiency to
the Lessor. Lessee shall also pay to Lessor as soon as ascertained, the cost
and the expense incurred by Lessor in connection with such re-letting.




 


Such re-entry or
re-taking of the Premises by Lessor shall not be construed as an election on
its part to terminate this Lease unless written notice of such election be
given to Lessee or unless the termination hereunder be decreed by a court of
competent jurisdiction. Notwithstanding such re-letting without termination,
Lessor may at any time thereafter elect to terminate this Lease for such
previous breach. Lessor shall use reasonable efforts to mitigate its damages in
the event Lessee defaults under the terms of this Lease.


 


Should Lessor at
any time terminate this Lease for any breach, in addition to any other remedy
it may have, it may recover from Lessee all damages it may incur by reason of
such breach including, but not limited to, the cost of recovering the Premises
and including the worth at the time of such termination of the excess, if any,
of the amount of the rent reserved in the Lease for the remainder of the term
and recovery of any abated rent or other monetary inducement granted by Lessor
to Lessee.


 


14.       QUIET ENJOYMENT:
Lessor covenants that it has full authority to execute this Lease and upon the
faithful performance of Lessee of all of the terms, conditions and covenants to
be performed by him hereunder including, but not limited to, the payment of rent,
Lessee shall be entitled to quiet enjoyment of the Premises.


 


15.       ATTORNEY’S FEES:
Should any legal action be instituted to interpret or enforce any of the
provisions this Lease or to compel its performance, the prevailing party shall
be entitled to recover from the other party reasonable attorney’s fees to be
fixed by the court. Should Lessee request any consent, waiver,


 


19

















 


estoppel or other
approval of Lessor for any reason, Lessee shall reimburse Lessor for all costs
of review of such requests including, but not limited to, Lessor’s attorney’s
fees.


 


16.       NOTICES: All notices
to be given under this Lease shall be in writing and delivered personally or by
depositing the same in the US Mail, postage prepaid, via Registered, Certified
mail, or any nationally recognized overnight service addressed to:


 


Lessee:
LabOne, Inc., attn: Legal Department, 10101 Renner Blvd., Lenexa, KS, 66219


 


Lessor: c/o Boyd
Enterprises, attn: Willis B. Boyd, 1946 E. Edinger, Santa Ana, CA 92705


 


17.       WAIVER OF BREACH:
The waiver by Lessor or Lessee of any breach of any term covenant or conditions
of the Lease by the other shall not be deemed a waiver of such term, covenant
or condition or of any subsequent breach of the same or of any other term,
covenant or condition of this Lease.


 


18.       HOLDING OVER: Any
holding over after the expiration of said term with the consent of the Lessor
shall be construed to be a tenancy from month to month at one and one half
times the Base Rent, plus CAM Charge and Additional Rent as that paid according
to the terms of this Lease, and shall otherwise be on terms and conditions
herein specified so far as applicable.


 


19.       SALE BY LESSOR:
Lessor shall have the absolute right to convey, sell, mortgage, assign or
otherwise dispose of the Premises and/or the property of which the Premises are
a part and Lessor’s interest under this Lease, at any time, and thereafter
shall not be subject to any liability resulting from any act or omission or
event occurring after such event, so long as the purchaser or assignee in
connection with such conveyance or assignment assume and agree in writing to
carry out thereafter any and all of the covenants of the Lessor under this
Lease.


 


20

















 


Notwithstanding anything
to the contrary contained in this Section, this Lease and all rights of Lessee
hereunder are and shall be subject and subordinate to the lien and security
title of any mortgage unless otherwise stated in writing by Lessor or the
holder of any Mortgage, lien or security interest.


 


20.       SUCCESSORS BOUND:
The terms, covenants and conditions herein contained shall be subject to the
provisions as to assignments apply to and bind the heirs, successors,
executors, administrators, and assigns of both parties.


 


21.       SIGNS:
Notwithstanding anything herein to the contrary, Lessor, agrees to allow Lessee
to construct and maintain signs with the design and color of Lessee’s trade
name not to exceed the designated black glass area above the office area with
Lessor’s reasonable approval as to size, design and location, and further
subject to any approval required from any governmental authority having
jurisdiction thereof.


 


22.       INTEGRATION: This
Lease embodies the full agreement of the parties and supersedes any and all
prior understandings or commitments concerning the subject matter of this
Lease. Any modification or amendment must be in writing and signed by both
parties.


 


23.       LESSOR’S CONSENT: At
any time Lessor’s consent is required under this Lease, Lessor shall not
unreasonably withhold or delay its consent.


 


24.       BROKERS: The parties
hereto warrant and represent that they have not dealt with any entity or person
who might claim a commission or other payment by virtue of its representation
in this Lease transaction, other than Capstone Property Management in
representation of Lessee and NAI/Utah in representation of Lessor. Lessee shall
indemnify, defend (by counsel satisfactory to Lessor) and hold harmless Lessor,
it’s partners, members, officers, directors, shareholders, employees and agents
from any


 


21

















 


claim for commission or
other payment arising from a party’s claim that it represented Lessee in this
Lease transaction.


 


26.       NON-DISTURBANCE: Lessor will use
commercially reasonable efforts to provide Lessee with a written
non-disturbance agreement to Lessee from the current mortgage holder in form
acceptable to such mortgage holder. Unless otherwise set forth in writing by
Lessor or the holder of any mortgage, lien or security interest, this Lease and
all rights of Lessee hereunder are and shall be subject and subordinate to the
lien and security interest of any mortgage created after the Lease commencement
date. The mortgagee shall not disturb Lessee in its occupancy and rights as
long as Lessee shall not be in default of this Lease. Lessee shall within 10
days after written notice from Lessor execute, acknowledge, and deliver to
Lessor, to the extent it can truthfully do so, an estoppel certificate in a
form reasonably acceptable to Lessor, or any of Lessor’s lenders or any
prospective purchasers of the Premises or the Business Park as the case may be,
plus such additional information, confirmation, and statements as be reasonably
requested by the Lessor. Should Lessee fail to deliver an executed and
acknowledged estoppel certificate to Lessor as prescribed herein, Lessee hereby
authorizes Lessor to act as Lessee’s attorney-in-fact in executing such
estoppel certificate or, at Lessor’s option, Lessee shall pay a fee of $100.00
per day (“Estoppel Delay Fee”) for each day after the 10 days’ written notice
in which Lessee fails to comply with this requirement.


 


22

















 


ADDENDUM A

RENT SCHEDULE


 


LabOne, Inc.

2282 South Presidents
Drive, Unit A,B,C

West Valley City, Utah


 




	
  Month

  	
   

  	
  Base

  	
   

  	
  Cam

  	
   

  	
  Total

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  1-Jul-04

  	
   

  	
  Abated

  	
   

  	
  Abated

  	
   

  	
  Abated

  	
   

  	
  1

  	
   

  	
   

  	
   

  
	
  1-Aug-04

  	
   

  	
  Abated

  	
   

  	
  Abated

  	
   

  	
  Abated

  	
   

  	
  2

  	
   

  	
   

  	
   

  
	
  1-Sep-04

  	
   

  	
  Abated

  	
   

  	
  Abated

  	
   

  	
  Abated

  	
   

  	
  3

  	
   

  	
   

  	
   

  
	
  1-Oct-04

  	
   

  	
  Abated

  	
   

  	
  Abated

  	
   

  	
  Abated

  	
   

  	
  4

  	
   

  	
   

  	
   

  
	
  1-Nov-04

  	
   

  	
  Abated

  	
   

  	
  Abated

  	
   

  	
  Abated

  	
   

  	
  5

  	
   

  	
   

  	
   

  
	
  1-Dec-04

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  6

  	
   

  	
   

  	
   

  
	
  1-Jan-05

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  7

  	
   

  	
   

  	
   

  
	
  1-Feb-05

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  8

  	
   

  	
   

  	
   

  
	
  1-Mar-05

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  9

  	
   

  	
   

  	
   

  
	
  1-Apr-05

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  10

  	
   

  	
   

  	
   

  
	
  1-May-05

  	
   

  	
  $

  	
  13,818

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  11

  	
   

  	
   

  	
   

  
	
  1-Jun-05

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  12

  	
   

  	
   

  	
   

  
	
  1-Jul-05

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  13

  	
   

  	
   

  	
   

  
	
  1-Aug-05

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  14

  	
   

  	
   

  	
   

  
	
  1-Sep-05

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  15

  	
   

  	
   

  	
   

  
	
  1-Oct-05

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  18

  	
   

  	
   

  	
   

  
	
  1-Nov-05

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  17

  	
   

  	
   

  	
   

  
	
  1-Dec-05

  	
   

  	
  $

  	
  13,818

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  18

  	
   

  	
   

  	
   

  
	
  1-Jan-06

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  19

  	
   

  	
   

  	
   

  
	
  1-Feb-06

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  20

  	
   

  	
   

  	
   

  
	
  1-Mar-06

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  21

  	
   

  	
   

  	
   

  
	
  1-Apr-06

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  22

  	
   

  	
   

  	
   

  
	
  1-May-06

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  23

  	
   

  	
   

  	
   

  
	
  1-June-06

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  24

  	
   

  	
   

  	
   

  
	
  1-Jul-06

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  25

  	
   

  	
   

  	
   

  
	
  1-Aug-06

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  26

  	
   

  	
   

  	
   

  
	
  1-Sep-06

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  27

  	
   

  	
  CAM is subject to
  annual adjustment after the first year.

  	
   

  
	
  1-Oct-06

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  28

  	
   

  	
   

  	
   

  
	
  1-Nov-06

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  29

  	
   

  	
   

  	
   

  
	
  1-Dec-06

  	
   

  	
  $

  	
  13,318

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  30

  	
   

  	
   

  	
   

  
	
  1-Jan-07

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  31

  	
   

  	
   

  	
   

  
	
  1-Feb-07

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  32

  	
   

  	
   

  	
   

  
	
  1-Mar-07

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  33

  	
   

  	
   

  	
   

  
	
  1-Apr-07

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  34

  	
   

  	
   

  	
   

  
	
  1-May-07

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  35

  	
   

  	
   

  	
   

  
	
  1-Jun-07

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  36

  	
   

  	
   

  	
   

  
	
  1-Jul-07

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  37

  	
   

  	
   

  	
   

  
	
  1-Aug-07

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  38

  	
   

  	
   

  	
   

  
	
  1-Sep-07

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  39

  	
   

  	
   

  	
   

  
	
  1-Oct-07

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  40

  	
   

  	
   

  	
   

  
	
  1-Nov-07

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  41

  	
   

  	
   

  	
   

  
	
  1-Dec-07

  	
   

  	
  $

  	
  13.918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  42

  	
   

  	
   

  	
   

  
	
  1-Jan-08

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  43

  	
   

  	
   

  	
   

  
	
  1-Feb-08

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  44

  	
   

  	
   

  	
   

  
	
  1-Mar-08

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  45

  	
   

  	
   

  	
   

  
	
  1-Apr-08

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  46

  	
   

  	
   

  	
   

  
	
  1-May-08

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  47

  	
   

  	
   

  	
   

  
	
  1-Jun-08

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  48

  	
   

  	
   

  	
   

  
	
  1-Jul-08

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  49

  	
   

  	
   

  	
   

  





 

















 




ADDENDUM
A

RENT SCHEDULE




 


	
  1-Aug-08

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  50

  	
   

  	
   

  	
   

  
	
  1-Sep-08

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  51

  	
   

  	
   

  	
   

  
	
  1-Oct 08

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  52

  	
   

  	
   

  	
   

  
	
  1-Nov-08

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  53

  	
   

  	
   

  	
   

  
	
  1-Dec-08

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  54

  	
   

  	
   

  	
   

  
	
  1-Jan-09

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  55

  	
   

  	
   

  	
   

  
	
  1-Feb-09

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  56

  	
   

  	
   

  	
   

  
	
  1-Mar-09

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  57

  	
   

  	
   

  	
   

  
	
  1-Apr-09

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  58

  	
   

  	
   

  	
   

  
	
  1-May-09

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  59

  	
   

  	
   

  	
   

  
	
  1-Jun-09

  	
   

  	
  $

  	
  13,918

  	
   

  	
  $

  	
  1,699

  	
   

  	
  $

  	
  15,617

  	
   

  	
  60