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EXHIBIT 10.9
LEASE AMENDMENT NO. 2
This Lease Amendment made and entered into this 23rd day of March 2001 by and
between Xxxxxxxxx Enterprises, hereinafter referred to as "Landlord" and
American Bio Medica Corporation, hereinafter referred to as "Tenant".
WHEREAS, Landlord leased to Tenant that certain premises known as 000 Xxxxx
Xxxxx, Xxxx 0, Xxxxxxxxxx, Xxx Xxxxxx, (the "Property") pursuant to a Lease
dated July 7,1999; and subsequently amended by Lease Amendment No. 1 dated
August 17, 1999, (the "Lease") the terms and conditions being more particularly
described therein, and
WHEREAS, Landlord and Tenant wish to further amend the Lease, the parties hereby
agree to the following:
NOW THEREFORE, in consideration of these promises and other good and valuable
consideration the receipt and sufficiency of which is hereby acknowledged,
Landlord and Tenant intending to be legally bound hereby amend the lease as
follows:
1. Effective March 26, 2001, Unit 4 at 000 Xxxxx Xxxxx, Xxxxxxxxxx, Xxx Xxxxxx
shall be included under the terms and conditions of this Lease. The Lease
Term shall be coterminous terminating August 31, 2002.
2. Xxxx 0 consists of 5,238 square feet.
3. The base rental rate for Unit 4 shall be $4.50 per square foot Net,
$1,964.25 Monthly, $23,571.00 Yearly.
4. The Prorata Share for Unit 4 shall be 12.12%.
All other terms and conditions of the original Lease, as amended, shall remain
in full force and effect.
LANDLORD: XXXXXXXXX ENTERPRISES
By: /s/ Xxxxxx X. Xxxxxxxxx
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Xxxxxx X. Xxxxxxxxx
TENANT: AMERICAN BIO MEDNCA CORPORATION
By: /s/ Xxxxxxx Xxxxxxxxx
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Xxxxxxx Xxxxxxxxx
ATTACHMENTS:
Exhibit "A" - Premises
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Exhibit "B" - Scope of Work
Exhibit "C" - Warranty
EXHIBIT "B"
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SCOPE OF WORK
XXXX 0 ONLY
This Exhibit "B" represents the entire Scope of Landlord's responsibility to
prepare the Premises for occupancy. No verbal conversations shall be construed
to indicate agreement by Landlord to modify, amend and/or to furnish any
additional labor/materials unless incorporated into this Scope of Work (Exhibit
"B").
Tenant Name: American Bio Medica Corporation
Address: 000 Xxxxx Xxxxx, Xxxx 0
Xxxxxxxxxx, Xxx Xxxxxx 00000
I. Scope of Work:
1. Janitorial cleaning and paint offices.
2. All lighting will be operational including emergency and exit lights.
3. Unit shall comply with all applicable building code items a necessary
to obtain a certificate of Occupancy. Any work necessary to comply
with code requirements or changes caused by installation of Tenant's
equipment or renovations to unit outside this Scope of Work shall be
the responsibility of Tenant.
4. HVAC systems will be made operational.
5. Provide standard keys and signage.
6. Renovations to and accommodation to the public and employees within
the Premises which are required by the Americans with Disabilities Act
are the responsibility of Tenant.
7. Special Instructions:
LANDLORD SHALL PROVIDE ONE (1) 8' X 10' OPENING BETWEEN XXXX 0 XXX
XXXX 0 XX XXXXXXXXX XXXXXXX.
XXXXXXXX: XXXXXXXXX ENTERPRISES
By: /s/ Xxxxxx X. Xxxxxxxxx
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Xxxxxx X. Xxxxxxxxx
TENANT: AMERICAN BIO MEDICA CORPORATION
By: /s/Xxxxxxx Xxxxxxxxx
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Xxxxxxx Xxxxxxxxx
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EXHIBIT "C"
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WARRANTY
UNIT 4 ONLY
It is understood and agreed that Tenant accepts the space upon occupancy in its
present condition, with the following warranty:
1. We grant Tenant a 30 day warranty period for
mechanical, plumbing and electrical systems. If repairs are
required by reasons other than Tenant's negligence and
misuse during this 30 day period, then Landlord will be
responsible for corrective action. In addition, Landlord
warrants the mechanical system for 30 days during the
beginning of the first cooling and heating season which
occurs during the Term of the Lease. The cooling and heating
seasons shall be deemed to commence on May 1 and October 1,
respectively.
2. Landlord also agrees to give Tenant all the
assignable rights of Landlord under and by virtue of any
equipment or other manufacturer's warranties involved in
connection with the original installation as it pertains to
Tenant's repair and maintenance responsibilities under the
Lease.
Except as hereinabove provided, Landlord shall have no obligation to repair,
maintain, alter, replace or modify the Premises or any part thereof, or any
plumbing, heating, electrical, air-conditioning or other mechanical installation
therein at Landlord's expense following the initial 30 day warranty period.
Under no circumstances shall Landlord be obligated to repair, replace or
maintain any plate glass or door or window glass.
In the event Tenant is the original occupant of the Premises in a newly
constructed building, notwithstanding the provisions of Article 12, Landlord
will replace or repair at its option and cost, any defect arising in the
Building or the Premises due to defective material or labor for a period of one
(1) year from the commencement date of the Lease.
TENANT ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THIS WARRANTY NEITHER LANDLORD
NOR ANY AGENT OR REPRESENTATIVES OF LANDLORD HAVE MADE, AND LANDLORD IS NOT
LIABLE OR RESPONSIBLE FOR, OR BOUND IN ANY MANNER BY, ANY EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES, COVENANTS, AGREEMENTS, OBLIGATIONS, GUARANTEES OR
STATEMENTS, PERTAINING TO THE PREMISES OR THE BUILDING, THE PHYSICAL CONDITION
THEREOF, THE
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FITNESS AND QUALITY THEREOF, MERCHANTABILITY, FITNESS FOR
PARTICULAR PURPOSE, THE INCOME, EXPENSES OR OPERATION THEREOF, THE VALUE AND
PROFITABILITY THEREOF, THE USES WHICH CAN BE MADE THEREOF OR ANY OTHER MATTER OR
THING WHATSOEVER WITH RESPECT THERETO, AND THAT LANDLORD IS NOT LIABLE OR
RESPONSIBLE FOR OR BOUND IN ANY MANNER BY (AND TENANT HAS NO RELIEF UPON) ANY
VERBAL OR WRITTEN SUPPLIES GUARANTEE, STATEMENTS, INFORMATION OR INDUCEMENTS
PERTAINING TO THE PREMISES OR THE BUILDING.
Initial: /s/DC
/s/ TRW
