1
EXHIBIT 10.13
SECOND AMENDMENT TO LEASE
1. PARTIES
1.1 THIS AGREEMENT made the _________day of ________, 1998 is by
and between MONMOUTH/ATLANTIC REALTY ASSOCIATES L.P.
(hereinafter "Lessor") whose address is c/o Xxxx-Xxxx Realty
Corporation, 00 Xxxxxxxx Xxxxx, Xxxxxxxx, Xxx Xxxxxx 00000 and
DIGITAL LIGHTWAVE, INC. ("Lessee"), whose address is 000
Xxxxxxxxx Xxxxxx, 0xx xxxxx, Xxxxxxxxxx, Xxxxxxx 00000
2. STATEMENT OF FACTS
2.1 Lessor and Lessee entered into a Lease dated September 26,
1997; (hereinafter "Lease") setting forth the terms of
occupancy by Lessee of 8,004 gross rentable square feet
(hereinafter "Premises") at 0000 Xxxxxx Xxxxxxx, Xxxxxxxx X,
Xxxx, Xxx Xxxxxx (hereinafter "Building"); and
2.2 The Term of the Lease is for five (5) years with the
Commencement Date of the initial Term being defined in the
Preamble to the Lease as being subject to change under
Articles 28 and 44 thereof; and
2.3 It has been determined in accordance with the provisions of
Articles 28 and 44 of the Lease that December 1, 1997 is the
Commencement Date of the Term of the Lease; and
2.4 Lessor and Lessee desire to amend the Termination Option
contained in the Lease.
3. AGREEMENT
NOW, THEREFORE, in consideration of the Premises and the
covenants hereinafter set forth, Lessor and Lessee agree as follows:
3.1 The Commencement Date of the Term of the Lease is December 1,
1997 and the Expiration Date thereof is November 30, 2002 and
Articles 5 and 8 of the Preamble to the Lease shall be deemed
amended accordingly.
3.2 Article 9 of the Preamble to the Lease is hereby confirmed as
being correct and reflects the above stated Commencement and
Expiration Dates.
3.3 This Agreement is executed by the parties hereto for the
purpose of providing a record of the Commencement and
Expiration Dates of the Lease, to confirm the Term of the
Lease, and to confirm the Fixed Base Rent due for the Term.
3.4 Lessor and Lessee agree to increase the consideration due
Lessor in the event that Lessee exercises its Termination
Option from Seventy-One Thousand One Hundred Eight and 00/100
Dollars ($71,108.00) to Eighty-Four Thousand Nine Hundred
Eighteen and 92/100 Dollars ($84,918.92) to reflect the
commission Lessor is paying Black and Company ("Broker") for
the cancelable portion of the Term of the Lease, and Article
54 of the Lease shall be deemed amended accordingly.
3.5 Except as amended herein, the Lease covering the Premises
shall remain in full force and effect as if the same were set
forth in full herein and Lessor and Lessee hereby ratify and
confirm all the terms and conditions thereof.
3.6 This agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective legal
representatives, successors and permitted assigns.
3.7 Each party agrees that it will not raise or assert as a
defense to any obligation under the Lease or this Amendment or
make any claim that the Lease or this Amendment is invalid or
unenforceable due to any failure of this document to comply
with ministerial requirements including, but not limited to,
requirements for corporate seals, attestations, witnesses,
notarizations, or other similar requirements, and each party
hereby waives the right to assert any such defense or make any
claim of invalidity or unenforceability due to any of the
foregoing.
IN WITNESS THEREOF, Lessor and Lessee have hereunto set their
hands and seals the date and year first above written and acknowledge
one to the other they possess the requisite authority to enter into
this transaction and to sign this Agreement.
MONMOUTH/ATLANTIC REALTY DIGITAL LIGHTWAVE, INC.,
ASSOCIATES L.P., LESSEE
LESSOR
By: Cali Sub VII, Inc.
Managing General Partner
By: By:
------------------------------- ---------------------------
Xxxxx X. Xxxxxx Name:
Senior Vice President - Leasing Title:
