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EXHIBIT 10.19
EQUIPMENT LEASE
THIS LEASE
executed as of January 1, 2005, between A-Y-K-E Partnership, a
partnership (hereafter referred to as
"LESSOR"), and Affholder, Inc., a Missouri
corporation (hereinafter referred to as
"LESSEE").
1. LESSOR
leases to LESSEE, and LESSEE leases from LESSOR, one (1) Lovat
121" Tunnel Boring Machine.
2. The
term of this Lease shall begin January 1, 2005 and shall end
December 31, 2005. If the leased property
is retained by LESSEE after December
31, 2005, without the consent of LESSOR,
then the liquidated damages shall be
$15,000 plus $2,000 per day.
3. The
leased property shall be used solely for the installation of
Bradshaw Interceptor, Section 8,
Sacramento, CA.
4. LESSOR
will be paid a lump sum of $200,000.
5. LESSEE
may not make alterations, additions or improvements to the
leased property, without prior written
notification to and approval by LESSOR.
All such additions to and improvements
shall immediately become the property of
the LESSOR and subject to the terms of this
Lease.
6. LESSEE,
at its own cost and expense, shall keep the leased property in
good repair, condition and working order,
and shall not subject the leased
property to careless or needlessly rough
usage.
7. LESSOR
shall at all times during business hours have the right to
enter
upon the premises where the leased property
may be located for the purpose of
inspecting it or observing its use.
8. The
leased property shall be delivered to LESSEE at Sacramento, CA
on
or before January 1, 2005. LESSEE shall
inspect the leased property before the
commencement of the Lease. Unless LESSEE
gives written notice to the LESSOR
within five (5) days after first test use
of the leased property specifying any
defect in or other objection to the leased
pro