Exhibit 10.8
THIS AGREEMENT made as of the 18th day of September 2004
AMONG:
707932
Ontario Limited,
(the "Landlord")
-and -
Tucows Inc.
and Tucows.com Co.
(collectively, the "Tenant")
-and
Tucows
International Corporation
(the "Original Tenant")
WHEREAS:
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NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
Year 1: the annual sum of $221,112 payable in equal consecutive monthly installments of $18,426 each in advance on the first day of each calendar month during such period, based upon an annual rate of $12.00 per square foot of the Rentable Area of the Leased Premises;
Year 2: the annual sum of $230,325 payable in equal consecutive monthly installments of $19,193.75 each in advance on the first day of each calendar month during such period, based upon an annual rate of $12.50 per square foot of the Rentable Area of the Leased Premises;
Year 3: the annual sum of $239,538 payable in equal consecutive monthly installments of $19,961.50 each in advance on the first day of each calendar month during such period, based upon an annual rate of $13.00 per square foot of the Rentable Area of the Leased Premises;
Year 4: the annual sum of $248,751 payable in equal consecutive monthly installments of $20,729.25 each in advance on the first day of each calendar month during such period, based upon an annual rate of $13.50 per square foot of the Rentable Area of the Leased Premises;
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Year 5: the annual sum of $257,964 payable in equal consecutive monthly installments of $21,497 each in advance on the first day of each calendar month during such period, based upon an annual rate of $14.00 per square foot of the Rentable Area of the Leased Premises;
Year 6: the annual sum of $267,177 payable in equal consecutive monthly installments of $22,264.75 each in advance on the first day of each calendar month during such period, based upon an annual rate of $l4.50 per square foot of the Rentable Area of the Leased Premises;
Year 7: the annual sum of $276,390 payable in equal consecutive monthly installments of $23,032.50 each in advance on the first day of each calendar month during such period, based upon an annual rate of $15.00 per square foot of the Rentable Area of the Leased Premises.
Year 1: installments of $102,132 payable in equal consecutive monthly installments of $8,511 each in advance on the first day of each calendar month during such period, based upon an annual rate of $12.00 per square foot of the Rentable Area of the Additional Premises;
Year 2: the annual sum of $106,387.50 payable in equal consecutive monthly-installments of $8,865.63 each in advance on the first day of each calendar month during such period, based upon an annual rate of $12.50 per square foot of the Rentable Area of the Additional Premises;
Year 3: the annual sum of $110,643 payable in equal consecutive monthly -installments of $9,220.25 each in advance on the first day of each calendar month during such period, based upon an annual rate of $13.00 per square foot of the Rentable Area of the Additional Premises;
Year 4: the annual sum of $114,898.50 payable in equal consecutive monthly installments of $9,574.88 each in advance on the first day of each calendar month during such period, based upon an annual rate of $13.50 per square foot of the Rentable Area of the Additional Premises;
Year 5: the annual sum of $119,154 payable in equal consecutive monthly installments of $9,929.50 each in advance on the first day of each calendar month during such period, based upon an annual rate of $14.00 per square foot of the Rentable Area of the Additional Premises;
Year 6: the annual sum of $123,409.50 payable in equal consecutive monthly installments of $10,284.13 each in advance on the first day of each calendar month during such period, based upon an annual rate of 5 14.50 per square foot of the Rentable Area of the Additional Premises;
Year 7: the annual sum of $127,665 payable in equal consecutive monthly installments of $10,638.75 each in advance on the first day of each calendar month during such period, based upon an annual rate of $15.00 per square foot of the Rentable Area of the Additional Premises;
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accordance the same terms and provisions governing the Tenant's-payment of Additional Rent for the Leased Premises under the Lease;
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accessed from Liberty Street. Tenant shall comply with the generally applicable rules and regulations that govern the parking areas. The parking rate shall be the then generally applicable current parking rate for the Building and shall be subject to change from time to time. If the operator of the Building parking area has any additional parking spaces available, Tenant may lease additional spaces directly from the parking area operator. Furthermore, provided the Landlord obtains, from time to time, from the City of Toronto a parking license or permit granting use (the "License"), the landlord will provide (in addition to the parking spaces permitted under the Lease) up to 9 additional unreserved parking spaces ("Additional Parking") on Mowat Avenue, in accordance with the same terms and conditions as the set out in the Lease, at the current parking rate (but subject to the limitations of the License from the City of Toronto). The Tenant shall be allowed to use the Additional Parking until the earlier of: a) the expiry of the License; or b) the expiry of the Extended Term. In the event that operator of the parking facilities of the Building has any additional parking spaces available from time to time, the Tenant may lease those additional spaces directly from the parking facilities operator.
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The Landlord shall complete the Landlord's Work using good construction practices by competent contractors and in accordance with relevant and applicable municipal and provincial laws, by-laws or regulations. Any work not specifically included as Landlord's Work shall be the responsibility of' the Tenant. The -Landlord agrees to use its best efforts to complete the Landlord's Work as expeditiously as possible.
IN WITNESS WHEREOF the parties hereto have duly executed this Agreement at Toronto, Ontario, this 18th day of September 2004.
| 707932 Ontario Limited (Landlord) | ||||
Per: |
/s/ M. LIPSON Authorized Signing Officer |
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| Per: | Authorized Signing Officer |
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I/We have the authority to bind the Corporation. |
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Tucows Inc. and Tucows.com Co. (Tenant and assignee) |
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Per: |
/s/ MICHAEL COOPERMAN Authorized Signing Officer |
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Per: |
/s/ MICHAEL COOPERMAN Authorized Signing Officer |
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I/We have the authority to bind the Corporation. |
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Tucows International Inc. (Original Tenant and assignor) |
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Per: |
/s/ MICHAEL COOPERMAN Authorized Signing Officer |
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