ASSIGNMENT OF LEASE AND
CONSENT
THIS ASSIGNMENT OF LEASE AND CONSENT
(“Assignment”) is made and entered into effective as of
April 28, 2009 (the “Effective Date”), between OCB
LLC, a California limited liability company
(“Assignee”), AMERICAN REPROGRAPHICS COMPANY, L.L.C., a
California limited liability company (“Assignor”), SUMO
HOLDINGS IRVINE, LLC, a California limited liability company
(“Lessor”).
A. Lessor and Assignor, as lessee, entered
into that certain Lease that commenced April 1, 1999, as
amended by that certain Amendment to Lease effective as of
August 2, 2005 (collectively, the “Lease”),
pursuant to which Assignor has leased those certain premises
located at 17721 Mitchell North, Irvine, California 91714, as more
particularly set forth in the Lease.
B. Assignor desires to assign to Assignee,
as of the Effective Date, all of its right, title and interest in
and to the Lease and Lessor agrees to consent to the proposed
assignment on the conditions set forth in this
Assignment.
NOW, THEREFORE, in consideration of the promises
and of the covenants set forth below, the parties hereto agree as
follows:
1. Assignment and Assumption. As of
the Effective Date, Assignor assigns and transfers to Assignee all
of its right, title and interest in and to the Lease, including,
without limitation, all rights to security and other deposits
associated with the Lease, and Assignee hereby accepts the
assignment and assumes and agrees to perform on and after the
Effective Date all of the obligations of the Assignor under the
Lease, including, without limitation, payment of all rent and other
charges due under the Lease after the Effective Date.
2. Indemnification. Assignee shall
indemnify, defend and hold harmless Assignor from and against all
liabilities arising under the Lease after the Effective Date.
Assignor shall indemnify, defend and hold harmless Assignee from
and against all liabilities
|
