EXHIBIT 10.4
SUBLEASE AGREEMENT
This SUBLEASE dated March 12,
2009 ("Effective Date"), by and between Triple Ring
Technologies, Inc. , a California corporation ("Triple Ring" or
the "Sublandlord") with its principal office at 39655 Eureka Drive
Newark, California 94560 and
NovaRay Medical, Inc. , a Delaware corporation ("NovaRay" or
the "Subtenant") with its principal office at 39655 Eureka Drive
Newark, California 94560 .
WHEREAS, NovaRay was the Tenant under that certain Office Lease
dated March 13, 2008, by and between
BRCP
Stevenson Point LLC, a Delaware limited liability company
("Landlord") and NovaRay (the "Lease Agreement"), respecting
certain premises with a street address of 39655-39677 Eureka Drive,
Newark, California, (the "Premises") as more particularly described
therein;
WHEREAS, a true, correct, and complete copy of the Lease is
attached as Attachment 1 to this Sublease;
WHEREAS, Sublandlord was assigned all interest in and assumed all
obligations under the Lease Agreement under the Assignment and
Assumption of Lease Agreement dated March 12, 2009 attached hereto
as Attachment 2 to this Sublease;
WHEREAS, Sublandlord desires to sublease a portion of the Premises
and Subtenant desires to sublease a portion of the Premises
pursuant to the terms described herein;
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Sublandlord and
Subtenant agree as follows, effective as of the Effective
Date:
All capitalized terms used but not defined herein will have the
same meanings as those capitalized terms defined in the Lease
Agreement.
SUBLEASE: Subtenant subleases
from Sublandlord the following described premises:
Approximately fifty eight and one half percent (58.5%) of the
office, lab, product assembly, storage and equipment space in the
building located at the Premises ("Subleased Space").
TERM: Commencing on the Effec
