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EXHIBIT
10.9
ASSIGNMENT AND ASSUMPTION OF OFFICE
LEASE
THIS ASSIGNMENT
AND ASSUMPTION OF OFFICE LEASE ("Agreement") is dated and effective
as of March 10, 2006 by and between Data Systems and Software Inc.
a Delaware corporation ("Assignor") and Databit Inc., a Delaware
corporation ("Assignee").
WHEREAS,
Assignor is Tenant under that certain Agreement of Lease dated July
27, 2000, by and between Empire State Building Company ("Landlord")
and Assignor, as amended by the First Lease Modification and
Extension Agreement dated May 18, 2001 and the Second Lease and
Modification and Extension Agreement dated January 8, 2004 (as so
amended, the "Lease"), respecting certain premises (the "Premises")
with a street address of 350 Fifth Avenue, New York, NY 10118, as
more particularly described therein;
WHEREAS,
Assignor desires to assign its interest in the Lease to Assignee
and Assignee desires to assume Assignor's obligations under the
Lease;
NOW THEREFORE,
for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Assignor and Assignee agree as
follows:
(a) Assignor does hereby transfer, assign, convey
and deliver to Assignee its entire right, title and interest in the
Lease and the Premises; provided, however, that the forgoing
assignment shall be subject to and sh
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