EXHIBIT 10.45
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT ("Amendment") to the standard office lease is made
and entered into as of this 11th day of December 2001, by and between XXXXXXX
INVESTORS ASSOCIATES, LLC, a Delaware limited liability company, herein referred
to as Landlord, and XXXXX & COMPANY, a Delaware corporation, herein referred to
as Tenant.
WHEREAS, Landlord and Tenant entered that certain office Lease dated
October 1, 1998 (the "Lease") wherein Landlord leased to Tenant Suites 300, 400,
700 & 704, in the 222 Building located at 000 Xxxxx Xxxxxxx Xxxxxx, Xxxxxxx,
Xxxxxxxx; hereinafter referred to as the "Premises," and
WHEREAS, Landlord and Tenant each agree to amend said Lease as herein
provided;
NOW, THEREFORE, in consideration of the premises and the mutual
covenants and agreements hereinafter contained and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, it
is agreed as follows:
1. The Lease is hereby extended to expire November 30, 2008.
2. Effective April 1, 2002, Suite 300 will be deleted from the
Leased Premises and Tenant's pro rata share shall be reduced
to 16.05%.
3. Effective April 1, 2002, the monthly rent as outlined in
Article 1.10 will be amended as follows:
April 1, 2002 - June 30, 2002: $27,186.00 per month
July 1, 2002 - November 30, 2002: $31,000.00 per month
December 1, 2002 - November 30, 2003: $31,190.00 per month
December 1, 2003 - November 30, 2006: $34,232.00 per month
December 1, 2006 - November 30, 2008: $36,799.00 per month
4. Provided Tenant is not in default of this Lease, Landlord
agrees to invest an allowance of up to $50,000.00 toward the
cost of improvements made within the Premises during the
period from December 1, 2003 through March 31, 2004 after
which time Landlord's obligations to fund such monies shall
cease. All improvements must be performed by Landlord, include
Landlord's fees for supervision and contingency and shall have
Landlord's prior approval.
5. The Name of the Broker representing the Landlord for this
Amendment is Insignia/ESG, Inc. Tenant warrants that Tenant
has not obligated the Landlord for any finders, brokers or
other agent's fees in connection with this Amendment.
6. Except as provided for herein, all other terms and conditions,
covenants and agreements of said lease as amended shall
continue to bind the parties and are hereby ratified and
confirmed by the parties.
IN WITNESS WHEREOF, the parties have executed this Amendment on the day
and year set forth above.
Landlord: Tenant
XXXXXXX INVESTORS ASSOCIATES, LLC XXXXX & COMPANY
By: IJPCG, Inc.
A Delaware corporation
Its: Agent
By: /s/ Xxx Xxxxxx By: /s/Xxxxx X.Xxxxxxxx
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Name: Xxx Xxxxxx Name: Xxxxx X. Xxxxxxxx
Title: Vice President Title: Secretary
