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SUBLEASE
CB RICHARD ELLIS,
INC.
BROKERAGE AND
MANAGEMENT
LICENSED REAL ESTATE
BROKER
This Sublease, dated August 15, 2006 , is made between
Patient Infosystems, Inc. dba Careguide formerly known as CBCA,
Inc. a Delaware Corporation per Master Lease
(“Sublessor”), and Holland & Hart LLP, a
Colorado limited liability company (“Sublessee”).
Sublessor is the lessee under a written Lease Agreement dated
September 8 , 2003 , wherein Howard Hughes
Properties, Limited Partnership
(“Lessor”) leased to Sublessor the real property
located in the City of Las Vegas , County of Clark ,
State of Nevada , described as
Suite 300 in the building (the “Building”) located
at 3763 Howard Hughes Parkway, Las Vegas, Nevada 89169
(“Master Premises”). Said lease has been amended by the
following amendments
N/A ;
said lease and amendments are herein collectively referred to as
the ”Master Lease” and are attached hereto as Exhibit
“A”.
Sublessor hereby subleases to Sublessee on the terms and conditions
set forth in this Sublease the following portion of the Master
Premises (“Premises”): Suite 300 in the Building
totaling approximately 6,401 USF / 7,361 RSF, including all items
per the attached Las Vegas Office Inventory List which shall remain
with the premises for the Sublessee’s use and ownership upon
lease execution. All items are in “as is” “where
is” condition with no warranties.
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4.
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WARRANTY BY SUBLESSOR.
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Sublessor warrants and represents to Sublessee that it has
delivered a true and complete copy of the Master Lease to
Sublessee, the Master Lease has not been amended or modified except
as expressly set forth herein, that Sublessor is not now, and as of
the commencement of the Term hereof will not be, in default or
breach of any of the provisions of the Master Lease, and that
Sublessor has no knowledge of any claim by Lessor that Sublessor is
in default or breach of any of the provisions of the Master
Lease.
The term (the “Term”) of this Sublease shall commence
on August 11 , 20 06 , or when Lessor consents to
this Sublease (if such consent is required under the Master Lease),
whichever shall last occur (“Commencement Date”), and
end on October 31 , 20 09 (“Termination
Date”), unless otherwise sooner terminated in accordance with
the provisions of this Sublease. In the event the Term commences on
a date other than August 11, 2006, Sublessor and Sublessee shall
execute a memorandum setting forth the actual date of commencement
of the Term. Possession of the Premises (“Possession”)
shall be delivered to Sublessee on the Commencement Date. If for
any reason Sublessor does not deliver Possession to Sublessee on
the Commencement Date, Sublessor shall not be subject to any
liability for such failure, the Termination Date shall not be
extended by the delay, and the validity of this Sublease shall not
be impaired, but Gross Rent shall abate until delivery of
Possession. Notwithstanding the foregoing, if Sublessor has not
delivered Possession to Sublessee within thirty (30) days after the
Commencement Date, then at any time thereafter and before delivery
of Possession, Sublessee may give written notice to Sublessor of
Sublessee's intention to cancel this Sublease. Said notice shall
set forth an effective date for such cancellation which shall be at
least ten (10) days after delivery of said notice to Sublessor. If
Sublessor delivers Possession to Sublessee on or before such
effective date, this Sublease shall remain in full force and
effect. If Sublessor fails to deliver Possession to Sublessee on or
before such effective date, this Sublease shall be canceled, in
which case all consideration previously paid by Sublessee to
Sublessor on account of this Sublease shall be returned to
Sublessee, this Sublease shall thereafter be of no further force or
effect, both Sublessor and Sublessee shall be relieved of all
obligations hereunder and Sublessor shall have no further liability
to Sublessee on account of such delay or cancellation. If Sublessor
permits Sublessee to take Possession prior to the Commencement
Date, such early Possession shall not advance the Termination Date
and such Possession shall be subject to the provisions of this
Sublease, including without limitation the payment of Gross Rent
(as defined in Section 6.1 below).
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6.1
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Gross Rent . Sublessee shall pay to Sublessor as gross rent,
without deduction, setoff, notice, or demand, at _
______
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or at such other place as Sublessor shall designate from time to
time by notice to Sublessee, the sum of $2.50 per RSF (with 3%
annual increases, the time periods for which are more particularly
set forth below) Dollars ($ Two dollars and 50/100 ) per
month (“Gross Rent”), in advance on the first day of
each month of the Term. Sublessee shall pay to Sublessor upon
execution of this Sublease the sum of Eighteen thousand four
hundred two dollars and 50/100 Dollars ($ 18,402.50 ) as
Gross Rent for September 2006 (First months’ Gross
Rent) . If the Term begins or ends on a day other than the
first or last day of a month, the Gross Rent for the partial months
shall be prorated on a per diem basis. Additional provisions:
Gross Rent Schedule:
09/01/06 –
10/31/06
($18,402.50)
11/01/06 – 10/31/07
($18,954.58)
11/01/07 –
10/31/08
($19,523.21)
11/01/08 –
10/31/09
($20,108.91)
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6.2
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Operating Costs . If the Master
Lease requires Sublessor to pay to Lessor all or a portion of the
expenses of operating the building and/or project of which the
Premises are a part “Operating Costs”), including but
not limited to taxes, utilities, or insurance, then Sublessee shall
pay to Sublessor as additional rent
____________________________________________
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percent ( %) of the amounts payable by
Sublessor for Operating Costs incurred during the Term. Such
additional rent shall be payable as and when Operating Costs are
payable by Sublessor to Lessor. If the Master Lease provides for
the payment by Sublessor of Operating Costs on the basis of an
estimate thereof, then as and when adjustments between estimated
and actual Operating Costs are made under the Master Lease, the
obligations of Sublessor and Sublessee hereunder shall be adjusted
in a like manner; and if any such adjustment shall occur after the
expiration or earlier termination of the Term, then the obligations
of Sublessor and Sublessee under this Subsection 6.2 shall survive
such expiration or termination. Sublessor shall, upon request by
Sublessee, furnish Subl
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