SEE BOLD
DOCUMENTATION OF SAFE ALB PREACTICES
Premises, Rent, and Terms
HBRI shall sublease to CC approximately 199.5 square feet of HBRI leased premises at 5310 Eastgate Mall, San Diego, CA 92121, as depicted in Appendix A attached hereto and incorporated herein (including lab space, hood space and PCR hood), on the terms and conditions set forth in this Agreement. The term of the sublease shall be from March 9, 2015 to September 8, 2015 (a period of 6 months) and will automatically renew thereafter for the same 6 month term unless written notice is received within 60 days prior to renewal. HBRI shall review the sublease agreement periodically and at least annually and have the right to modestly change the terms for good reason; including but not limited to an increase in scope, space, personnel, and usage by CC. An annual cost of living increase of 5% will be implemented each year. Either party may terminate this Agreement upon giving the other party ninety days' written notice.
CC shall pay HBRI $400 on the 1st day of each calendar month of the term. A refundable deposit of $4000 will be due before taking possession of the lab space and shall be refunded to CC no less than thirty days upon the termination of this Agreement provided that CC has substantially complied with its obligations hereunder. Total monthly fees are due by the 1st (first) of each month, regardless of whether or not an invoice is received. If payment is not received by the 10th (tenth) of each month a late fee of $25 will be assessed and the unpaid balance will begin to accrue interest at 10.0% APR compounded monthly from the original due date (the first of the month) until the entire amount owed is paid. HBRI reserves the right to review the payment for services and request additional reasonable reimbursement for reasonable additional costs for time and materials if the payment for service is less than the amount of service provided.
In consideration of the rent payable under this Agreement, CC shall receive use of the premises described above and the privileges and services described herein in conformance with the signed Research Agreement (Appendix E). The Research Agreement is an inextricable portion of this Agreement. CC shall be entitled to the benefit of services and utilities received by HBRI as part of its lease to the subleased premises, including electricity, heating, and janitorial services, and shall further be entitled to use of HBRI washroom/sterilizing facilities, prep room, and mutually agreed equipment and facilities, as listed in Appendix B. HBRI personnel who operate and maintain such equipment and services shall provide reasonable assistance to CC in connection with such use. CC shall provide for their company’s own phone, fax, internet, and printing/copying services and installation.
Any services, materials, and time above and beyond the standard performance of this agreement will be charged separately by HBRI at an hourly rate of $50/hr.
CC shall adhere to all statutory, regulatory, permitting and other San Diego County, State and Federal legal requirements with respect to its activities, and to safe laboratory practices, including without limitation all HBRI procedures concerning chemical, radioisotope, biohazards, and safety regulations. HBRI shall provide CC with copies of HBRI procedures manuals that relate to its facility and health and safety procedures, with which CC shall comply.
Each party shall defend, indemnify, and hold the other harmless from any and all claims, losses, damages, liabilities, and causes of action, including without limitation the payment of reasonable attorneys’ fees and expert witnesses’ fees, which such party may incur in connection with any act or omission by the other party in performance of this Agreement or the other party’s use of the subleased premises. In the case of any disagreement that results in legal action, the prevailing Party shall have legal fees paid by the non-prevailing party.
CC shall not be entitled to use of HBRI mail, fax, and general administration.
This sublease is not transferable and shall not be further subleased.
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