Exhibit
10.30
GUARANTY AGREEMENT
THIS GUARANTY
AGREEMENT is entered into this 5 th day of
November, 2008, between NeoGenomics,
Inc. a Nevada company, with its principal place of business at
_________________________ __________________("Guarantor") and
Leasing Technologies International, Inc., with its principal place
of business at 221 Danbury Road, Wilton, CT 06897
("Lessor").
WHEREAS, Lessor
is contemplating entering into a certain Master Lease Agreement,
including any and all riders and schedules thereto (hereinafter
collectively referred to as the “Lease”) dated November
5, 2008 with NeoGenomics, Inc. a Florida Corporation (the
“Lessee”).
WHEREAS, Lessor
is unwilling to enter into said Lease unless Guarantor guarantees
the performance of all Lessee’s obligations under the
Lease.
NOW THEREFORE,
in consideration of the mutual covenants herein contained and other
good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged and as an inducement to Lessor to
enter into the Lease, the parties hereto agree as
follows:
1.
Guarantee . The Guarantor hereby unconditionally guarantees
the full, complete and prompt payment, performance and observance
of all of Lessee’s obligations under the Lease. Guarantor
agrees that this is a continuing guarantee and that it shall
perform its obligations hereunder notwithstanding any modification,
discharge or release of any of Lessee’s obligations under the
Lease.
2.
Intentionally Omitted
.
3.
Representations
. Guarantor hereby represents and warrants that
this Agreement constitutes a binding obligation of the
Guarantor.
4.
Right to Cure
. Lessor hereby agrees that in the event of a
default by Lessee under the Lease, Lessor shall give written notice
of said default to Guarantor and Guarantor shall have the right to
cure said default within ten (10) days from the mailing of such
notice.
5.
Failure to Cure
. In the event the Guarantor fails to cure a
default within the ten (10) day period, then Lessor may, at its
option, proceed directly against Guarantor for the
payment, performance or observance
of any and all of Lessee's obligations under the Lease. Guarantor
hereby waives any right to require Lessor: (i) to proceed against
the Lessee; (ii) to proceed against or exhaust any security it may
hold; or (iii) to pursue any other remedy available to
it.
6.
Waiver . No delay on the part of Lessor in exercising
any rights under this Agreement or failure to exercise the same
shall operate as a waiver of such rights. No modification or waiver
of the
