FIFTH AMENDMENT TO LEASE
THIS FIFTH AMENDMENT TO LEASE (this "Amendment") is made by and between
CHEVRON U.S.A. INC., a Pennsylvania corporation ("Landlord") and TEXAS
MICRO-SYSTEMS, INC., a Texas corporation ("Tenant"), made effective the 17th day
of October, 1995.
WITNESSETH:
WHEREAS, Landlord and Tenant did enter into that certain lease (the
"Lease") dated December 11, 1992, as amended effective February 24, 1993, and
October 28, 1993, and July 10, 1995, and July 17, 1995 for certain leased space
situated in the Building known as 0000 Xxxxxxxxx Xxxxx, Xxxxxxx, Xxxxx; and
WHEREAS, Landlord and Tenant again desire to amend the Lease as set forth
herein;
NOW THEREFORE, Landlord and Tenant in consideration of the premises and the
mutual benefits to be derived therefrom, do hereby covenant, stipulate and
agree, each with the other, to the following terms, covenants, conditions and
obligations as an amendment to the Lease:
1. All terms, covenants, obligations and conditions in this Amendment
which conflict with a like provision in the Lease shall be controlling
over and supersede any like provision in the Lease.
2. All terms, covenants, obligations and conditions in the Lease not
superseded and/or amended by any provision in this Amendment shall
remain in full force and effect. All defined terms in the Lease shall
have the same meaning in this Amendment.
3. Tenant's preferential right to lease the two South Quadrants on the
second level of the Building, as provided for in the Third Amendment
to the Lease, dated July 10, 1995, is hereby extinguished and shall no
longer exist.
Made as of the date first written above.
LANDLORD TENANT
CHEVRON U.S.A. INC. TEXAS MICRO-SYSTEMS, INC.
By XXXX XXXXXXX By XXXXXXX XXXXXXX
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Its Lease Manager Its President
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