EXHIBIT 10.30
AMENDMENT TO LEASE
This amendment to Lease (this "Amendment") is entered into as of this 28th
day of November, 2001 by and between X H Partners, L.P., a California limited
partnership ("Landlord"), and SureBeam Corporation, a Delaware corporation
("Tenant").
RECITALS
A. Landlord and Tenant entered into that certain Standard Form Lease dated
as of November 28, 2001 (the "Lease"), under which Landlord agreed to construct
and lease a building located on Xxx 0 xx 0000 X. Xxxxxx Xxxxxx, Xxxxxx,
Xxxxxxxxxx (the "Property"), as more particularly described in the Lease (the
"Premises").
B. The obligations of Tenant under the Lease are guaranteed by The Titan
Corporation (the "Guarantor") pursuant to that certain Lease Guaranty Agreement
of even date herewith made by Guarantor in favor of Landlord.
C. Landlord and Tenant now desire to amend the Lease in order to clarify
(i) the Anticipated Commencement Date and (ii) the penalty for Landlord's
failure to achieve Substantial Completion by the Anticipated Commencement Date.
D. Except as otherwise defined herein, all terms and phrases used in this
Amendment that are defined in the Lease shall have the same meaning as set forth
in the Lease. In the event of any conflict between the Lease and this Amendment,
the terms of the Amendment shall control.
AGREEMENTS
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, and other good and valuable consideration, the receipt
sufficiency of which is hereby acknowledged it is agreed as follows:
1. ARTICLE 1; BASIC LEASE PROVISIONS. Section 5 of Article 1 is hereby
amended by the deletion of "Anticipated Commencement Date: March 29, 2002," and
the insertion of "Anticipated Commencement Date: March 22, 2002" in its place.
2. EXHIBIT C: WORK LETTER.
(a) Section 3.7.4 of the Work Letter is hereby amended by the deletion
of the following: "but in such case the Commencement Date shall be delayed by
one (1) day for each day of delay other than a delay which is attributable to
Tenant Delay" and inserting therefor the following:
"but in such case Tenant shall be entitled to one (1) day of abatement
of Monthly Rent for each day of delay (other than delay which is
attributable to a Tenant Delay). For example, if Substantial Completion
does not occur until seven (7) days after
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the Anticipated Commencement Date (and such delay is not attributable to
Tenant Delay), then Tenant shall not be obligated to pay Monthly Rent
for the first seven (7) days after Substantial Completion is achieved."
(b) The date set forth in Item (vii) of Schedule 1 to the Work Letter is
hereby confirmed and agreed to be 3/22/2002.
3. MISCELLANEOUS. This Amendment and the obligations of the parties
hereunder shall be binding upon and inure to the benefit of the parties hereto,
their respective legal representatives, successors and assigns, shall be
governed by and construed in accordance with the laws of the State of California
applicable to agreements made and to be wholly performed within said State and
may not be modified or amended in any manner other than by a written agreement
signed by both parties. This Amendment may be executed in any number of
counterparts each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument.
4. Except as otherwise expressly provided in this Amendment, the terms and
provisions of the Lease are unmodified and in full force and effect and the same
are ratified and confirmed hereby.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the date first above written.
LANDLORD:
X H PARTNERS, L.P., a California limited
partnership
By: /s/ Xxxx Xxxx
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Name: Xxxx Xxxx
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Title: President
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TENANT:
SUREBEAM CORPORATION, a Delaware
corporation
By: /s/ Xxxxx X. Xxxxxxx
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Name: Xxxxx X. Xxxxxxx
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Title: Senior Vice President
Business Operations
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The undersigned Guarantor of the Lease hereby executes this Amendment
solely to acknowledge the execution of this Amendment by the parties:
GUARANTOR:
TITAN CORPORATION, a Delaware corporation
By: /s/ Xxxx X. Xxxx
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Name: Xxxx X. Xxxx
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Title: SVP/CFO
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