EXHIBIT 10.10(a)
FIRST AMENDMENT TO SUBLEASE
THIS FIRST AMENDMENT, dated February 21, 2003, attached to and forms an
integral part of that certain Sublease (the "Sublease") dated July 18, 2002 by
and between Texaco, Inc. ("Sublessor") and Apollo gold, Inc. ("Sublessee") and
consented to by Bedford Property Investors, Inc. ("Landlord") for the Premises
in the Texaco Building, 0000 XXX Xxxxxxxxx, Xxxxxx, Xxxxxxxx 00000, commonly
known as Xxxxx 000 containing approximately 4,953 rentable square feet shown on
Exhibit C of the Sublease. In the event of any conflict between the provisions
of this First Amendment and the Sublease to which the Amendment attaches, the
terms and conditions of the First Amendment will prevail.
Sublessee hereby subleases from Sublessor and Sublessor hereby subleases to
Sublessee the Premises as described above in the aforementioned Sublease upon
the same terms, conditions and guarantees and subject to all provisions of the
Sublease except as follows:
1. The Premises will be increased by 2,775 rentable square feet
so the entire Premises will now be 7,728 rentable square
feet.
2. The monthly rent will increase $2,428.13 per month so the
new rent will be $6,767.01 per month for the remainder of
the lease term.
3. "Sublessee's Share" of operating expense increases will
increase to 3.26%.
4. Sublessee shall be entitled to nine (9) additional parking
spaces.
5. Sublessee shall take the new premises in its current "as is"
condition. Sublessee will be responsible for all costs
required to prepare the new premises for occupancy.
6. The new rental payment will commence when Sublessee occupies
the new premises but no later than March 1, 2003.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the date set forth below:
Sublessee: Apollo Gold, Inc.
By: Xxxxx X. Xxxxx /s/
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Title: Vice President
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Date: 2/21/2003
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Sublessor: Texaco, Inc.
By: Signature illegible /s/
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Title: Site Services Manager
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Date: 2/21/03
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Agreed & Contented to by
Landlord: Bedford Property Investors, Inc.
By: Signature illegible /s/
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Title: COO
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Date: 3/5/03
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