ABOVE.
BOTH SUBLESSOR AND LANDLORD SHALL BE NAMED AS
ADDITIONAL INSUREDS ON ALL POLICIES
6
REQUIRED TO BE CARRIED BY SUBLESSEE.
CERTIFICATES OF INSURANCE EVIDENCING
SUBLESSEE'S INSURANCE COVERAGE SHALL BE DEPOSITED WITH SUBLESSOR AND LANDLORD
PRIOR TO THE COMMENCEMENT DATE.
14.
NOTICES.
ALL NOTICES REQUIRED OR PERMITTED HEREUNDER SHALL BE IN
WRITING AND SHALL BE DEEMED DULY SERVED IF AND WHEN DELIVERED BY HAND OR MAILED
BY REGISTERED, CERTIFIED OR EXPRESS MAIL, POSTAGE PREPAID, RETURN RECEIPT
REQUESTED, AND ADDRESSED TO THE APPLICABLE NOTICE ADDRESS SET FORTH ABOVE.
15.
SEVERABILITY.
IF ANY PROVISION OF THIS SUBLEASE SHALL TO ANY
EXTENT BE DETERMINED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID OR
UNENFORCEABLE FOR ANY REASON, THE PARTIES AGREE TO AMEND THIS SUBLEASE SO AS TO
EFFECTUATE THE ORIGINAL INTENT OF SUBLESSOR AND SUBLESSEE.
16.
ENTIRE AGREEMENT; AMENDMENT.
THIS SUBLEASE MAY NOT BE AMENDED,
ALTERED OR MODIFIED EXCEPT BY INSTRUMENT IN WRITING AND EXECUTED BY SUBLESSOR
AND SUBLESSEE AND APPROVED BY LANDLORD.
17.
GOVERNING LAW.
THIS SUBLEASE SHALL BE GIVEN BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS.
18.
BINDER AND INURE.
THIS SUBLEASE SHALL BE BINDING UPON, AND INURE
TO THE BENEFIT OF, THE PARTIES HERETO AND THEIR RESPECTIVE SUCCESSORS AND
ASSIGNS.
[Remainder of page intentionally left blank. Signatures appear on next following
page.]
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Executed as a sealed instrument, all as of the day and year first above written.
eSped.com, Inc.
Omtool, Ltd.
By:
/s/ George Dhionis
By:
/s/ Daniel A. Coccoluto
Duly authorized officer
Duly authorized officer
Date:
July 28, 2006
Date:
July 28, 2006
8
EXHIBIT A
Attached as Exhibit 10.1 to Omtool, Ltd.'s Current Report on Form 8-K filed with
the Securities and Exchange Commission on January 12, 2006.
EXHIBIT B
Attached hereto.
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