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Exhibit 10.2
FIRST AMENDMENT TO LEASE
THIS AGREEMENT, made this ____ day of ____________, 1994 by and between
WHT REAL ESTATE LIMITED PARTNERSHIP, a Delaware Limited Partnership,
(hereinafter referred to as "Landlord") and SOFTWORKS, INC., incorporated in the
State of Maryland, hereinafter referred to as ("Tenant").
WITNESSETH:
WHEREAS, Landlord and Tenant did enter into that certain Lease Agreement,
dated June 14, 1994, for the demise of Xxxxx 000 xxx Xxxxx 000, located at 0000
Xxxxxxxx Xxxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, ("Premises"), which said Premises,
and any and all improvements located thereon are more particularly described
therein (hereinafter the "Lease"); and
WHEREAS, all terms defined in the lease shall have the same meanings when
referred to herein; and
WHEREAS, all terms defined in the lease shall have the same meanings when
referred to herein; and,
WHEREAS, Landlord has requested that Tenant acknowledge the "Commencement
Date" of the Lease, pursuant to and in accordance with Paragraph 5 thereof, and
Landlord has further requested Tenant to acknowledge and confirm (i) its
obligations attendant upon such Commencement Date, and (ii) the Expiration Date
of the Lease, pursuant to and in accordance with Paragraph 5 thereof; and
WHEREAS, Tenant has agreed to acknowledge said Lease commencement and
expiration dates.
NOW THEREFORE, in consideration of the premises and the mutual promises
and covenants herein contained, Landlord and Tenant hereby agree as follows:
1. The Commencement Date of the Lease shall be September 12, 1994, and
the Expiration Date of the Lease shall be September 30, 2001, and
such respective dates of commencement and expiration of the Lease
shall, if different from the dates designated in Items (g) of Basic
Terms of the Lease, be substituted therefor. It is understood and
agreed by Landlord and Tenant that any and all of Tenant's covenants
and obligations as by the Lease provided shall become effective as
of the said Commencement Date, including, but not limited to, the
payment of Minimum Annual Rent, additional rent, insurance, and any
and all other Rent as designated in Item (h) of Basic Terms of the
Lease.
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2. The pro-rated monthly rent due for the first partial month's
occupancy (September 12 through September 30) shall be equal to
$15,697.80 and shall be due and payable on October 1, 1994. Landlord
hereby acknowledges receipt of the first full month's Rent due under
the terms of this Lease, which Rent shall be applied toward rent due
for October. Thereafter all monthly Rent shall be due and payable in
advance on the first day of each month during the Term of the Lease.
In addition, all annual increases shall commence beginning on
October 1, 1995 and continue each year thereafter as defined in the
Lease. 3. EXCEPT as hereby modified and amended, all other terms,
provisions, covenants and conditions of the Lease shall remain in
full force and effect.
IN WITNESS WHEREOF, Landlord and Tenant have caused this First Amendment
to lease to be executed by their duly authorized representatives on the day and
year above written.
WITNESS: LANDLORD:
WHT REAL ESTATE
LIMITED PARTNERSHIP
By: WHT Investors, Inc., general partner
By: By: /s/ Xxxxxxxx X. Xxxxxx
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Its: Assistant Vice President
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TENANT:
WITNESS: SOFTWORKS, INC.
By: By: /s/ Xxxx X. Xxxxxx
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Its: Chief Executive Officer
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