Exhibit 10.10
LEASE
(NONRESIDENTIAL - SHORT FORM)
CALIFORNIA REAL ESTATE ASSOCIATION STANDARD FORM
THIS IS INTENDED TO BE A LEGALLY BINDING AGREEMENT
- READ IT CAREFULLY -
Sunnyvale, California
June 12, 1998
A. Bogomilsky Lessor, and TestDesign Corporation Lessee, agree as follows:
1. Lessor leases to lessee and lessee hires from Lessor those premises
described as: 542 Lakeside Drive, Suites #l,2c,4,5,6,7,8 and 550
Lakeside Drive, Suite #7 together with the following furniture and
fixtures: None.
2. It is by mutual agreement between Lessor and Lessee that the
above referenced lease shall be for a period of seventeen (17)
months, to commence August 1, 1998 and expire December 31, 1999.
3. Lessee is to pay rent as follows: $11,958.00 per month. (Eleven
Thousand Nine Hundred And Fifty-Eight Dollars.) The rent shall be paid at
542 Lakeside Drive, #2A, Sunnyvale, or at any address designated by the
lessor in writing.
4. Lessor shall retain Lessee's existing security deposit of $1,008.00.
Said deposit will be returned to to Lessee by Lessor or his successors
upon full performance of the terms of this lease.
5. Lessee agrees to pay for all utilities except for water and garbage
removal which shall be paid by Lessor.
6. Lessee and Lessor shall provide each other with at least ninety (90)
days written notice prior to the end of the lease term of its intention to
vacate the above described premises or not renew the lease beyond the end
of the lease extension, as the case may be.
7. Lessee has examined the premises and all furniture and fixtures
contained therein, and accepts the same as being clean and in good order,
condition and repair.
8. The premises are rented for use only as minor electronic parts
assembly and offices.
9. Lessee shall not disturb, annoy, endanger or inconvenience other
tenants of the building or neighbors, nor use the premises for any immoral
or unlawful purposes, nor violate any law or ordinance, nor commit waste
or nuisance upon or about the premises.
10. Lessee shall keep the premises rented for his exclusive use in good
order and condition and pay for any repairs caused by his negligence or
misuse or that of his invitees. Lessor shall maintain any other parts of
the property and pay for repairs not caused by negligence or misuse by
Lessee or Lessee's invitees.
11. Lessee intends to install an exhaust system in the premises, which
will require alterations to the roof membrane to install an exhaust vent.
Lessee shall submit plans and the name of its proposed contractor to
lessor for approval prior to commencement of the installation and roof
alterations. Lessee shall be responsible for any damages caused by making
such alterations to the roof. At the end of the lease term, at Lessor's
request, Lessee shall, at Lessee's expense, remove the exhaust system from
the premises and repair and return the roof to its condition when the
alterations were made, reasonable wear and tear since then excepted.
12. Lessee shall not paint or make alterations of the premises without
Lessor's prior written consent, except suites 1,2c,4,5,6 may be painted
and carpeted at Lessee's expense at any time during Lessee's occupancy.
13. This lease will terminate if the premises become uninhabitable
because of dilapidation, condemnation, fire or other casualty for more
than 30 days. Rent will be reduced proportionately if the premises are
uninhabitable for any shorter period.
14. With Lessee's permission, which shall not be unreasonably withheld,
Lessor or his agent shall be permitted to enter to inspect, to make
repairs, and to show the premises to prospective tenants or purchasers. In
an emergency, Landlord or his agent may enter the premises without
securing prior permission from Tenant, but shall give Tenant notice of
such entry immediately thereafter.
15. Lessee shall not let or sublet all or any part of the premises nor
assign this lease or any interest in it without the prior written consent
of Lessor. Lessor's consent thereto shall not be unreasonably withheld.
16. If Lessee abandons or vacates the premises, Lessor may at his option
terminate this lease, re-enter the premises and remove all property.
17. The prevailing party may recover from the other party his costs and
attorney fees of any action brought by either party to enforce any terms
of this lease or recover possession of the premises.
18. Either party may terminate this lease in the event of a violation of
any provision of this lease by the other party.
19. Time is of the essence. The waiver by either party of any breach
shall be construed to be a continuing waiver of any subsequent breach.
Lessor: Lessee:
A. BOGOMILSKY TESTDESIGN CORPORATION
BY: BY:
/s/ A. Bogomilsky /s/ Douglas Smith
- ---------------------------------------- ----------------------------------
A. Bogomilsky, Owner Douglas Smith, President