Exhibit 10.30
SECOND AMENDMENT TO LEASE
This Second Amendment to Lease (this "Second Amendment") is hereby
entered into as of the 21 day of October, 1997 by and between CROSS POINT
LIMITED PARTNERSHIP, a Massachusetts limited partnership having an address at
000 Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000 ("Landlord"), and UNIFI
COMMUNICATIONS, INC. (formerly known as FAX International, Inc.), a Delaware
corporation having an address at 000 Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx
00000 ("Tenant").
WHEREAS, Landlord, as landlord, and Tenant, as tenant, entered into that
certain Lease (the "Original Lease") dated as of August 2, 1996, by which
Landlord leased to Tenant a portion of the building (the "Building") known and
numbered as 000 Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx consisting of the
entire tenth, eleventh and twelfth floors of Tower 3 of the Building, as more
particularly described in Item 6 of the Schedule of the Lease and on Exhibit "A"
attached to the Lease (the "Premises").
WHEREAS, Landlord and Tenant entered into that certain First Amendment
to Lease dated as of June 26, 1997 (the "First Amendment"), by which Tenant
relinquished its rights as set forth in Section 29 of the Original Lease to the
ninth floor of Tower 3 of the Building and Landlord gave to Tenant a right of
first offer with respect to the ninth floor of Tower 3 of the Building and the
tenth, eleventh, twelfth and thirteenth floors of Tower 2 of the Building, all
in accordance with the terms and provisions of the First Amendment.
WHEREAS, the Original Lease as amended by the First Amendment is
hereinafter referred to as the "Lease".
WHEREAS, Landlord and Tenant have agreed to modify certain terms and
provisions of the Lease with regard to the payment of charges for heat and air
conditioning during non-Normal Business Hours.
NOW, THEREFORE, in consideration of the premises and the mutual
agreements contained herein and in the Lease, Landlord and Tenant hereby agree
as follows:
1. Effective on and after November 1, 1997, Item 9 of the Schedule of
the Lease is hereby amended by deleting all of such Item 9 and inserting in its
place the following:
"9. Annual Base Rent: For the period from the Commencement Date
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through and including the day prior to the date which is six (6) months
after the Commencement Date, $648,240.60 per year; for the period from
the date which is six (6) months after the Commencement Date through and
including October 31, 1997, $1,220,865.60 per year: and for the period
from November 1, 1997 through and including the Expiration Date,
$1,275,339.60."
2. Effective on and after November 1, 1997, Item 10 of the Schedule
of the Lease is hereby amended by deleting all of such Item 10 and inserting in
its place the following:
"10. Monthly Base Rent: For the period from the Commencement Date
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through and including the day prior to the date which is six (6) months
after the Commencement Date, $54,020.05 per month; for the period from the
date which is six (6) months after the Commencement Date through and
including October 31, 1997, $101,738.80 per month; and for the period from
November 1, 1997 through and including the Expiration Date, $106,278.30 per
month."
3. Effective on and after November 1, 1997, Section 5.B of the Lease is
hereby amended by deleting the last sentence of such Section 5.B and inserting
in its place the following:
"Notwithstanding anything in this Section 5.B to the contrary, Landlord
shall furnish heat and air conditioning in accordance with the requirements
and conditions set forth in Exhibit "C" attached hereto to the entire tenth
and eleventh floors of Tower 3 of the Building twenty-four (24) hours per
day, three hundred sixty-five (365) days per year during the Term at no
additional cost to Tenant."
4. Submission of this Second Amendment for examination or signature by
Tenant does not constitute a reservation of space or an option for lease, and
this Second Amendment shall not be effective unless and until execution and
delivery thereof by both Landlord and Tenant.
5. In all other respects, Landlord and Tenant hereby reaffirm all of the
covenants, agreements, terms, conditions and other provisions of the Lease,
except as modified hereby, and the Lease is hereby incorporated in full herein
by this reference. The terms and provisions of this Second Amendment shall be
effective as of the date first above written, except as otherwise provided
herein.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Second Amendment
to Lease as a sealed instrument as of the date first above written.
LANDLORD:
CROSS POINT LIMITED PARTNERSHIP
By: XXX XXXXXXXXXX XXXXXX CORP.,
its Operating General Partner
By: /s/ [SIGNATURE APPEARS HERE]
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Name: [NAME APPEARS HERE]
Title: Exec. V.P.
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TENANT:
UNIFI COMMUNICATIONS, INC.
By: /s/ Xxxxx Xxxxxxxx
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Name: Xxxxx Xxxxxxxx
Title: V.P, Finance
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