1
EXHIBIT - 10.52
FIRST AMENDMENT OF LEASE
This First Amendment of Lease (this "Amendment") is entered into this 31
day of MARCH, 2000, by and between GALLERIA 400, LLC ("Landlord"), and ELTRAX
SYSTEMS, INC. ("Tenant").
WITNESSETH:
WHEREAS, Landlord and Tenant have previously entered into that
certain Galleria Atlanta Office Lease Agreement dated September 20, 1999 (the
"Lease"), with respect to space in Atlanta Galleria Office Tower No. 400, a
multistory office building located at 000 Xxxxxxxx Xxxxxxx, Xxxxxxx, Xxxxxxx
00000, such space (the "Premises") being identified as Suites 200 and 300
containing approximately 48,859 rentable square feet of space;
WHEREAS, Landlord and Tenant desire to amend the Lease to modify
certain provisions in the Lease relating to the Premises.
NOW THEREFORE, in consideration of Ten and No/100 Dollars ($10.00)
and the mutual covenants hereinafter set forth, Landlord and Tenant agree as
follows:
1. All capitalized terms not otherwise defined herein shall have
the respective meanings ascribed to them in the Lease.
2. (a) The following language of Paragraph 12(b) of the Lease is
hereby delete in its entirety;
Landlord acknowledges that Tenant intends to conduct business in
certain portions of the Premises twenty-four (24) hours per day,
seven (7) days per week, and that such usage will require heating
and/or air conditioning beyond the normal operating hours of the
Building. To accommodate such usage by Tenant, Tenant shall tie
directly into the cooling tower for the Building so that heating
and air conditioning to such portions of the Premises can be
provided on a twenty-four (24) hour per day, seven (7) day per
week basis. To compensate Landlord for such after hours heating
and cooling, including, but not limited to, depreciation and
maintenance expenses for the cooling tower, Tenant shall pay to
Landlord monthly, at the same time and in the same manner that
payments of monthly rent are due under this Lease, the amount of
$2,607.00 per month; provided, however, that in the event any
other tenant in the Building requires and is provided after hours
heating and/or cooling for such tenant's premises, and Landlord
collects a charge for such after hours heating and/or cooling,
Landlord shall apply as a credit against such monthly amount due
and payable by Tenant, an amount equal to $5.50 for each hour of
after hours heating and/or cooling scheduled by each such other
tenant for which Landlord receives payment.
(b) The following new language is hereby inserted in Paragraph
12(b) in lieu of the foregoing deleted language:
Landlord acknowledges that Tenant intends to conduct business in
certain portions of the Premises twenty-four (24) hours per day,
seven (7) days per week, and that such usage will require heating
and/or air conditioning beyond the normal operating hours of the
Building. To accommodate such usage by Tenant, Tenant shall tie
directly into the cooling tower for the Building so that heating
and air conditioning to such portions of the Premises can be
provided on a twenty-four (24) hour per day, seven (7) day per
week basis. To compensate Landlord for such after hours heating
and cooling, including, but not limited to, depreciation and
maintenance expenses for the cooling tower, Tenant shall pay to
Landlord monthly, at the same time and in the same manner that
payments of monthly rent
2
are due under this Lease, the amount of $1,303.50 per month;
provided, however, that if Landlord fails to receive at least
$1,303.50 per month from other tenants in the Building for after
hours heating and/or cooling, Tenant shall also pay to Landlord,
at the time said monthly payment of $1,303.50 is due, an
additional monthly amount equal to $1,303.50 less the amount
actually received by Landlord during such month from such other
tenants for after hours heating and/or cooling (but not less than
$0.00).
3. The Lease, as amended by this Amendment, is hereby ratified
and confirmed, and each and every provision, covenant, condition, obligation,
right and power contained in and under, or existing in connection with the
Lease, as amended by this Amendment, shall continue in full force and effect.
This Amendment is not intended to, and shall not be construed to, effect a
novation, and, except as expressly provided in this Amendment, the Lease has not
been modified, amended, canceled, terminated, surrendered, superseded or
otherwise rendered of no force and effect. The Lease, as amended by this
Amendment, is enforceable against the parties hereto in accordance with its
terms.
4. This Amendment shall bind and inure to the benefit of the
parties hereto and their respective legal representatives, successors and
assigns.
5. This Amendment may be executed in a number of identical
counterparts, each of which for all purposes shall be deemed to be an original,
and the Lease, as amended by this Amendment, shall collectively constitute but
one agreement, fully binding upon, and enforceable against the parties hereto.
The Lease and this Amendment shall be construed together as a single instrument.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals the day and year first above written.
LANDLORD: GALLERIA 400, LLC
By: XXXXXXX X. XXXXXXXX
-----------------------------------
Name: XXXXXXX X. XXXXXXXX
Title: GENERAL PARTNER
Attest: XXXXXXX X. XXXXXXX
-------------------------------
Name: XXXXXXX X. XXXXXXX
Title: RESUPPORT ASSISTANT
TENANT: ELTRAX SYSTEMS, INC.
By: XXX X. XXXXXXX
-----------------------------------
Name: XXX X. XXXXXXX
Title: PRESIDENT AND CEO
Attest: XXXXX XXXX
-----------------------------
Name: XXXXX XXXX
Title: EXECUTIVE ASSISTANT
(CORPORATE SEAL)
