EXHIBIT 10.45
EXTENSION AND SECOND AMENDMENT OF LEASE, dated as of January 23, 1995,
by and between RTC PROPERTIES, INC., a New York corporation having an
office at 1185 Avenue of the Americas, Xxxxx 000, Xxx Xxxx, Xxx Xxxx 00000
("Lessor") and XXXXXX PRODUCTS CO., INC., a New York corporation having an
xxxxxx xx Xxxxxxxxxx Xxxxxx, Xxxxxxxx 00, Xxxxxx, Xxx Xxxxxx 00000
("Lessee").
WITNESSETH:
WHEREAS, Lessor, as lessor, and Lessee, as lessee, entered into a
lease agreement dated as of December 1, 1988 as amended by an Extension and
First Amendment of Lease dated as of January 13, 1994 (hereinafter referred to
as the "Lease Agreement"), covering premises including a portion of Building
10 at the River Terminal Facility, Kearny, New Jersey, as more particularly
described therein (the "Premises"); and
WHEREAS, the Lease Agreement will expire on April 30, 1995; and
WHEREAS, Lessor and Lessee desire to extend the Lease Agreement for
an additional term of two years and, coincident with such extension, to
amend certain other provisions of the Lease Agreement;
NOW, THEREFORE, Lessor and Lessee do hereby agree to the extension of
the Lease Agreement and to the amendment of the Lease Agreement as follows:
PARAGRAPH 1. Section 1.01 of the Lease Agreement is hereby
amended by deleting the expiration date "April 30, 1995" and inserting
in its place and stead the date "April 30, 1997".
PARAGRAPH 2. During the two year extension, the Fixed Rent
payable by Lessee pursuant to Section 2.01 shall remain unchanged.
PARAGRAPH 3. Article THIRTY-FOURTH is hereby amended to provide
that the term "Expiration Date originally provided for herein" shall
refer to the Term as extended herein, i.e., April 30, 1997.
PARAGRAPH 4. Unless otherwise provided expressly herein,
initially capitalized terms used herein shall have the same meanings
that they have in the Lease Agreement.
PARAGRAPH 5. Except as modified herein, the provisions of the
Lease Agreement shall continue in full force and effect.
IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Extension
and Second Amendment of Lease as of the day and year first above written.
RTC PROPERTIES, INC.
By: /s/ Xxxx Xxx
--------------------------------
Xxxx Xxx
XXXXXX PRODUCTS CO., INC.
By: /s/ Xxxxxx X. Xxxx
--------------------------------
Xxxxxx X. Xxxx
ATTEST:
By: /s/ Xxxxxxx Xxxxxx
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Xxxxxxx Xxxxxx
