Exhibit 10.7
AMENDMENT NO. 1 TO AGREEMENT OF LEASE
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THIS AMENDMENT OF LEASE, made as of the ___ day of September, 1998, between
RIVERFRONT OFFICE PARK ASSOCIATES II LIMITED PARTNERSHIP, a Massachusetts
limited partnership (hereinafter referred to as "Landlord") and MAINSPRING
COMMUNICATIONS, INC., a Delaware corporation (hereinafter referred to as
"Tenant").
WITNESSETH THAT:
WHEREAS, Landlord and Tenant are parties to an Agreement of Lease dated as
of July 31, 1996 (said Agreement of Lease being hereinafter referred to as the
"Lease"); and
WHEREAS, the parties hereto wish to amend the Lease as set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by each of the parties hereto, the
Lease is hereby amended as follows:
1. Effective as of December 1, 1998, the 12,293 square feet of rentable
space on the seventh (7/th/) floor of the Building, as shown on the plan
attached hereto as Exhibit A and made a part hereof (the "1998 Seventh
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Floor Expansion Space"), shall be added to the Demised Premises for a term
commencing on such date and ending on November 30, 2002.
2. The Term of the Lease is hereby extended from August 14, 2001 until
November 30, 2002.
3. The 0000 Xxxxxxx Xxxxx Expansion Space is leased in its present "AS IS"
condition.
4. Effective as of December 1, 1998, Article 1.(18) of the Lease is hereby
amended to read in its entirety as follows:
"(18) Yearly Fixed Rent: For the period from December 1, 1998 through
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August 14, 2001: $622,595.43 per annum, based
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upon a rental rate of (i) $25.47 per square
foot per annum for the 7,069 square feet
initially leased by Tenant under this Lease
and (ii) $36.00 per square foot per annum for
the 1998 Seventh Floor Expansion Space.
For the period from August 15, 2001 through
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November 30, 2002:
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$697,032.00 per annum, based upon a
rental rate of $36.00 per square foot per
annum.
5. Effective as of December 1, 1998, Article, 1.(9) of the Lease is
hereby amended to read in its entirety as follows:
"Parking Spaces: Nineteen (19)."
6. Section 3.3 of the Lease is hereby amended to delete therefrom in the
second sentence thereof the phrase "ninety-five percent (95%)" and to
insert in substitution thereof the phrase "one hundred percent (100%)".
7. Section 3.4 of the Lease is hereby deleted in its entirety.
8. Effective as of December 1, 1998, Section 6.4 of the Lease is hereby
amended to read in its entirety as follows:
"6.4 Tenant's Proportionate Share. (a) Tenant's proportionate share
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of taxes pursuant to Section 6.2 and operating expenses pursuant to
Section 6.3, respectively, with respect to the original 7,069 square
feet of Rentable Area of the Demised Premises shall be 2.17% (7,069
square feet divided by 326,470 square feet) and 2.20% (7,069 square
feet divided by 321,917 square feet), respectively.
(b) In addition, Tenant's proportionate share of taxes pursuant
to Section 6.2 with respect to the 1998 Seventh Floor Expansion Space
shall be 3.77% (12,293 square feet divided by 326,470 square feet) of
the amount of said taxes imposed against the Building and Land in
excess of those imposed for the fiscal tax year ending June 30, 1999,
prorated with respect to any portion of a fiscal tax year in which the
Term of this Lease ends.
(c) In addition, Tenant's proportionate share of operating
expenses pursuant to Section 6.3 with respect to the 1998 Seventh
Floor Expansion Space shall be 3.82% (12,293 square feet divided by
321,917 square feet) of the amount of said operating expenses
(determined in accordance with the provisions of Section 6.3) incurred
by Landlord in the operation and maintenance of the Building and the
Land in excess of those incurred by Landlord for the calendar year
1998, prorated with respect to any portion of a year in which the Term
of this Lease ends.
9. As used herein all capitalized terms shall have the same meaning as
used in the Lease, except as otherwise expressly set forth in this
Amendment. Except as herein modified, the Lease is hereby ratified and
confirmed in all respects.
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IN WITNESS WHEREOF, Landlord and Tenant have caused this instrument to be
executed under seal, all as of the day and year first above written.
RIVERFRONT OFFICE PARK ASSOCIATES II LIMITED
PARTNERSHIP
By: DARVEL REALTY TRUST
Managing General Partner
By: /s/ Xxxxxxx X. Xxxxxxxx
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Xxxxxxx X. Xxxxxxxx, Vice President
MAINSPRING COMMUNICATIONS, INC.
By: /s/ Xxxx X. Xxxxx
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Its: Senior Vice President, Finance and
Operations
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Exhibit A
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Floor Plan
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