EXHIBIT 10.4
ASSIGNMENT OF
LEASE
THIS ASSIGNMENT is made effective the 26
th day of March, 2008 (the “Effective
Date”), by NEWT’S DISCOUNT PHARMACY, INC., an Oklahoma
corporation (the “Assignor”) in favor of APOTHECARYRX,
LLC, an Oklahoma limited liability company (the
“Assignee”).
W I
T N E S S E T H :
WHEREAS, the Assignor is the tenant under that
certain lease dated September 24, 2007, between Treyron
Limited Liability Company, as lessor (the “Landlord”)
and the Assignor, as tenant, which is attached to this Assignment
at Exhibit “A” (collectively the “Lease
Agreement”);
WHEREAS, the Assignor desires to assign to the
Assignee all of the Assignor’s right, title and interest in
and to the Lease Agreement.
NOW, THEREFORE, for good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1.
Assignor’s Warranties . The Assignor represents
and warrants that the Assignor has heretofore duly executed and
delivered the Lease Agreement and that there exist no other
agreements, amendments or understandings to which the Assignor is a
party relating to the Lease Agreement. The Assignor further
represents and warrants that the rent is paid through
March 31, 2008, and the Assignor has complied to the date
hereof with all covenants on the Assignor’s part in the Lease
Agreement, including, without limitation, the payment of
rents.
2.
Assignment . The Assignor hereby assigns