Exhibit 10.1
Business Lease
THIS AGREEMENT,
entered into this 16th day of December, 2008, between E & E
Investments, a Florida General Partnership, 85 SW 52
nd
Avenue, Ocala,
Florida 34474, hereinafter called the lessor, party of the first
part, and Intellon Corporation, 5100 W Silver Springs Blvd, Ocala,
FL 34474, of the County of Marion and State of Florida, hereinafter
called the lessee or tenant, party of the second part:
WITNESSETH, That the said lessor
does this day lease unto said lessee, and said lessee does hereby
hire and take as tenant approximately 24,400 sq ft of office and
warehouse space located at Units 100-600 of 5100 W Silver Springs
Blvd., Ocala, FL 34474, which is a portion of Lot “1”,
Block “C” of the Ocala Airport Commerce Center situated
in Ocala, Marion County, Florida, to be used and occupied by the
lessee as office and light manufacturing and for no other purposes
or uses whatsoever, for the term of one (1) year, beginning
the 1st day of January, 2009, and ending the 31st day of December,
2009, at and for the agreed total rental of ($197,266.59) One
Hundred Ninety-Seven Thousand, Two Hundred Sixty-Six and 59/100
Dollars, plus sales tax, payable at $18,333.33 per month plus all
sales tax for the month of January 2009 and $16,266.66 per month
plus all sales tax for a period February 1, 2009 through
December 31, 2009. First payment is due January 1, 2009
($19,524.99).
All payments to be made to the
lessor on the first day of each and every month in advance without
demand at the office of E & E Investments, 85 SW 52nd
Ave in the City of Ocala, FL 34474 or at such other place and to
such other person, as the lessor may from time to time designate in
writing.
The following express stipulations
and conditions are made a part of this lease and are hereby
assented to by the lessee:
FIRST: The lessee shall not assign
this lease, nor use the same, or any part thereof, nor permit the
same, or any part thereof, to be used for any other purpose than as
above stipulated, nor make any alterations therein, and all
additions thereto, without the written consent of the lessor, and
all additions, fixtures or improvements which may be made by
lessee, except movable office furniture, shall become the property
of the lessor and remain upon the premises as a part thereof, and
be surrendered with the premises at the termination of this lease.
Unless said additions, fixtures, or improvements can be removed by
lessee without damage to the premises.
SECOND: All personal property placed
or moved in the premises above described shall be at the risk of
the lessee or owner thereof, and lessor shall not be liable for any
damage to said personal property, lessee arising from the bursting
or leaking of water pipes, or from any act of negligence of any
co-tenant.
THIRD: That the tenant shall
promptly execute and comply with all statutes, ordinances, rules,
orders, regulations and requirements of the Federal, State and City
Government and of any and all their Departments and Bureaus
applicable to said premises, for the correction, prevention, and
abatement of nuisances or other grievances, in, upon, or connected
with said premises during said term.
FOURTH: In the event the premises
shall be destroyed or so damaged or injured by fire or other
casualty during the life of this agreement, whereby the same shall
be rendered untenantable, then the lessor shall have the right to
render said premises tenantable by repairs within ninety days
therefrom. If said premises are not rendered tenantable within said
time, it shall be optional with either party hereto to cancel this
lease, and in the event of such cancellation the rent shall be paid
only to the date of such fire or casualty. The cancellation herein
mentioned shall be evidenced in writing. The rent shall be reduced
pro rata to the extent the premises are untenantable.
FIFTH: The prompt payment of the
rent for said premises upon the dates named and the faithful
observance of the rules and regulations printed upon this lease,
and which are hereby made a part of this covenant, are the
conditions upon which the lease is made and accepted and any
failure on the part of the lessee to comply with the terms of said
lease, or any of said rules and regulations now in existence, shall
at the option of the lessor, work a forfeiture of this contract,
and all of the rights of the lessee hereunder.
SIXTH: If the lessee shall abandon
or vacate said premises before the end of the term of this lease,
or shall suffer the rent to be in arrears, the lessor may, at his
option, forthwith cancel this lease or he may enter said premises
as the agent of the lessee, without being li
