FIRST AMENDMENT TO LEASE
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THIS FIRST AMENDMENT TO LEASE (the "First Amendment"), is made this ____
day of February, 1999, by and between CONCOURSE I, LTD. (as "Landlord") and NOVA
INFORMATION SYSTEMS, INC. (as "Tenant").
W I T N E S S E T H:
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WHEREAS, Landlord and Tenant did enter into that certain Lease Agreement
(the "Original Lease"), dated as of May ___, 1996, for space (the "Premises") in
that certain building known as "Concourse Corporate Center I" (the "Building").
WHEREAS, Landlord and Tenant desire to modify and amend the Original Lease,
in the manner and for the purposes herein set forth.
NOW THEREFORE, for and in consideration of the mutual covenants contained
herein, and for Ten and No/100 dollars ($10.00) and other good and valuable
consideration, paid by the parties hereto to one another, the receipt and
sufficiency of which are acknowledged by the parties hereto, the parties hereto
hereby covenant and agree as follows:
1. Effective Date and Term. The effective date (the "Effective Date") of
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this First Amendment shall be on or before April 1, 1999. This First Amendment
shall be binding upon Landlord and Tenant upon the due execution and delivery of
this First Amendment by all parties hereto, notwithstanding that the Effective
Date is a later date. The Term of Lease for the Additional Premises shall be
co-terminous with the Term of the Original Lease, which ends, unless sooner
terminated in accordance with the terms of the Original Lease, on February 17,
2002.
2. Additional Premises. Landlord hereby leases and rents to Tenant, and
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Tenant hereby leases and rents from Landlord, from and after the Effective Date,
four thousand eight hundred forty-five (4,845) rentable square feet, known as
Suite "745", in the area shown on Exhibit "A", attached hereto and by this
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reference incorporated herein (the "Additional Premises"). From and after the
Effective Date, the Additional Premises shall be deemed to be a part of the
Premises, except as expressly set forth to the contrary herein. From and after
the Effective Date, Tenant shall have leased 43,156 rentable square feet in the
Building.
3. Rent. The Rent (including, by way of illustration but not limitation,
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Operating Costs) due from Tenant for the Additional Premises shall be the same,
on a per rentable square foot per annum basis, as the Rent due for the Premises
under the Original Lease. Escalations of Base Rental occur on and as of October
18 of every calendar year. Such amounts of Rent shall be paid at the time and
in the manner such Rent is paid under the Original Lease.
4. Tenant Improvements and Allowance. Tenant shall have a tenant fit up and
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finish work allowance of up to Three and 00/100 Dollars ($3.00) per rentable
square foot of Additional Premises. Any work within the Additional Premises
shall be done subject to the terms of the Original Lease, and shall be in
accordance with plans and specifications generated by Tenant and consented to by
Landlord. Tenant shall expend such funds for work in or improvements to the
Additional Premises and make request for reimbursement from Landlord for any
such work.
5. Parking. Landlord shall grant Tenant one additional reserved parking
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space located in the Building's parking deck during the initial term of this
First Amendment.
6. Brokerage Commission; Indemnity. XXXXX INTERESTS ("HINES") HAS ACTED AS
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AGENT FOR LANDLORD IN THIS TRANSACTION AND CB XXXXXXX XXXXX ("CB") HAS ACTED AS
AGENT FOR TENANT IN THIS TRANSACTION. BOTH HINES AND CB ARE TO BE PAID A
COMMISSION BY LANDLORD. Tenant warrants that, to the best of Tenant's
knowledge, there are no other claims for broker's commissions or finder's fees
in connection with its execution of this Lease. Tenant hereby indemnifies
Landlord and holds Landlord harmless from and against all loss, cost, damage or
expense, including, but not limited to, attorney's fees and court costs,
incurred by Landlord as a result of or in conjunction with a claim of any real
estate agent or broker, if made by, through or under Tenant. Landlord hereby
indemnifies Tenant and holds Tenant harmless from and against all loss, cost,
damage or expense, including, but not limited to, attorney's fees and court
costs, incurred by Tenant as a result of or in conjunction with a claim of any
real estate agent or broker, if made by, through or under Landlord.
7. Capitalized Terms. All capitalized terms used herein but not defined
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herein shall have the meanings given them in the Original Lease.
8. Ratification. As expressly modified by this First Amendment, the Original
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Lease (including all exhibits thereto) is hereby ratified and confirmed by
Landlord and Tenant.
9. Transferees, Successors and Assigns. This First Amendment shall be
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binding upon and inure to the benefit of Landlord, Tenant and their respective
transferees, successors and assigns.
10. Georgia Law. This First Amendment shall be construed and interpreted
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under and pursuant to the laws of the State of Georgia.
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IN WITNESS WHEREOF, the undersigned have caused this First Amendment to be
executed under seal and delivered as of the date first above written.
"LANDLORD"
Xxxxx National Office Partners Limited Partnership,
As agent and authorized representative for Concourse I Ltd.
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By: Hines Fund Management, L.L.C.,
a Delaware limited liability company,
its general partner
By: Xxxxx Interests Limited Partnership,
a Delaware limited partnership,
its Member
By: Xxxxx Holdings, Inc.,
a Texas corporation,
its general partner
By: /s/ Xxxxxx XxxXxxxxxx
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Name: Xxxxxx XxxXxxxxxx
Title: Vice President
"TENANT"
NOVA INFORMATION SYSTEMS, INC.
By: /s/ JDC Xxx Xxxx
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Its: Director, Facilities Services
Attest: /s/ Xxxxxx X. Xxxxxxx
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Its: Senior Vice President
(CORPORATE SEAL)
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