Attached files
Exhibit 10.3
LEASE AMENDMENT
This
Lease Amendment is made and entered this 28 day of June, 2018, by
and between CELEBRATION POINTE OFFICE PARTNERS II, LLC, a Florida
limited liability company (“Landlord”), and SHARPSPRING
TECHNOLOGIES, INC, a Delaware corporation
(“Tenant”).
On
April 18, 2018, Tenant and Landlord executed an Office Lease
Agreement (“Lease”) which stated the
following:
Section
4.2 Delivery of
Possession. Landlord
shall use best efforts to deliver possession of the Premises to
Tenant with Landlord’s Work complete and in turnkey condition
such that Tenant is able to obtain permits for Tenant’s Work
without further action by Landlord (“Turnkey Condition” as described in
Exhibit E”). If despite using reasonable efforts,
Landlord is unable to deliver possession of the Premises to Tenant
in the Turnkey Condition on or before the Estimated Delivery Date,
Landlord may extend the Estimated Delivery Date by up to ninety
(90) days upon written notice to Tenant provided such notice is
given at least sixty (60) days prior to the Estimated Delivery
Date. If possession of the Premises has not been delivered to
Tenant in the Turnkey Condition by the Estimated Delivery Date plus
any applicable extensions for any reason whatsoever other than a
Tenant Delay, then (a) Landlord shall, promptly after demand
therefor, reimburse Tenant for its Holdover Costs, and (b) Tenant
shall receive one (1) day of free Rent for each day after the
Estimated Delivery Date plus any applicable extensions that
Landlord has not delivered possession in the Turnkey Condition.
Anything in this Lease to the contrary notwithstanding, if Landlord
has not delivered possession of the Premises to Tenant in the
Turnkey Condition on or before September 1, 2018, then Tenant may
terminate this Lease by written notice to Landlord and this Lease
shall terminate as of the date of such notice. As used herein,
“Holdover Costs”
shall mean those amounts charged to Tenant by its prior landlord
for holding over in their then existing leased premises (the
“Prior Lease”)
in excess of the rent and other charges payable by Tenant under the
Prior Lease for the period immediately prior to the Holdover Date,
as established by documentation reasonably acceptable to
Landlord.
Both
parties wish to amend this Section to state the
following:
Section
4.2 Delivery of
Possession. Landlord
shall use best efforts to deliver possession of the Premises to
Tenant with Landlord’s Work complete and in turnkey condition
such that Tenant is able to obtain permits for Tenant’s Work
without further action by Landlord (“Turnkey Condition” as described in
Exhibit E”). If despite using reasonable efforts,
Landlord is unable to deliver possession of the Premises to Tenant
in the Turnkey Condition on or before October 31, 2018, then (a)
Landlord shall, promptly after demand therefor, reimburse Tenant
for its Holdover Costs, and (b) Tenant shall receive two (2) days
of free Rent for each day after the Estimated Delivery Date that
Landlord has not delivered possession in the Turnkey Condition. As
used herein, “Holdover
Costs” shall mean those amounts charged to Tenant by
its prior landlord for holding over in their then existing leased
premises (the “Prior
Lease”) in excess of the rent and other charges
payable by Tenant under the Prior Lease for the period immediately
prior to the Holdover Date, as established by documentation
reasonably acceptable to Landlord.
All
other terms and conditions under the Lease shall remain the same
and in effect. This Amendment binds and benefits any successors.
This document, including the attached original Lease, is the entire
agreement between the parties.
The parties have
signed this Amendment on the date specified at the beginning of
this Agreement.
LANDLORD:
CELEBRATION POINTE OFFICE PARTNERS II, LLC, a
Florida
limited liability company
By:
SHD-CELEBRATION POINTE,
LLC,
a
Florida limited liability company, Manager
/s/ Svein
Dyrkolbotn
Title:
Manager
TENANT:
SHARPSPRING TECHNOLOGIES, INC,
a
Delaware corporation
By:
/s/ Edward
Lawton
Name:
Edward Lawton
Title:
CFO