EXHIBIT 10.43
FIRST AMENDMENT TO LEASE AGREEMENT
CHANGE OF COMMNCEMENT DATE
This First Amendment to Lease Agreement (the "Amendment") is made and entered
into to be effective as of September 15, 1997, by and between LINCOLN MENLO
PHASE I ASSOCIATES LIMITED, a California limited partnership ("Landlord"), and
Jet Fax, Inc., a Delaware corporation ("Tenant"), with reference to the
following facts:
RECITALS
A. Landlord and Tenant have entered into that certain Lease Agreement dated
April 4, 1997 (the "Lease"), for the leasing of certain premises containing
approximately 4,790 rentable square feet of space located at 0000 Xxxxxx
Xxxx, Xxxxx Xxxx, Xxxxxxxxxx (the "Premises") as such Premises are more fully
described in the Lease.
B. Landlord and Tenant wish to amend the Commencement Date of the Lease.
NOW, THEREFORE, in consideration of the foregoing and for other good and
valuable consideration, the receipt and adequacy of which are hereby
acknowledged, Landlord and Tenant hereby agree as follows:
1. Recitals: Landlord and Tenant agree that the above recitals are true
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and correct.
2. Commencement: The Commencement Date of the Lease shall be July 1, 1997.
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3. The last day of the Term of the Lease (the "Expiration Date") shall be
January 31, 2003.
4. The dates on which the Base Rent will be adjusted are:
for the period July 1, 1997 to June 30, 1998 the monthly Base Rent shall
be $6,186.94;
for the period July 1, 1998 to June 30, 1999 the monthly Base Rent shall
be $6,378.54;
and for the period July 1, 1999 to January 31, 2003 the monthly Base Rent
shall be $6,570.14.
5. Effect of Amendment: Except as modified herein, the terms and conditions
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of the Lease shall remain unmodified and continue in full force and
effect. In the event of any conflict between the terms and conditions of
the Lease and this Amendment, the terms and conditions of this Amendment
shall prevail.
6. Definitions: Unless otherwise defined in this Amendment, all terms not
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defined in this Amendment shall have the meaning set forth in the Lease.
7. Authority: Subject to the provisions of the Lease, this Amendment shall be
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binding upon and inure to the benefit of the parties hereto, their
respective heirs, legal representatives, successors and assigns. Each
party hereto and the persons signing below warrant that the person signing
below on
such party's behalf is authorized to do so and to bind such party to the
terms of this Amendment.
8. The terms and provisions of the Lease are hereby incorporated in this
Amendment.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date and
year first above written.
TENANT:
Jet Fax, Inc.,
a Delaware corporation
By:
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Its VP Manufacturing
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Date: 9/17/97
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LANDLORD:
LINCOLN MENLO PHASE I ASSOCIATES LIMITED,
a California limited partnership
By: Lincoln Property Company Management Services, Inc.,
As Manager and Agent for Landlord
By:
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Vice President
Date:
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