AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 dated as of January 1, 1999, to the Agreement
dated February 3, 1996 (the "Agreement"), by and between Point West Capital
Corporation (formerly Dignity Partners, Inc.), a Delaware corporation ("Point
West") and The Echelon Group of Companies, LLC, a Delaware limited liability
company ("Echelon") is made by and between Point West and Echelon.
RECITALS
WHEREAS, Point West and Echelon previously entered into the Agreement;
WHEREAS, the operations of Point West and Echelon have changed
resulting in Point West utilizing more and Echelon utilizing less office space;
and
WHEREAS, Point West anticipates leasing new office space or releasing
the office space subject to the Lease referenced in the Agreement.
NOW, THEREFORE, in exchange for good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties do hereby
covenant and agree as follows:
Section 1. Definitions.
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Capitalized terms used herein which are not otherwise defined herein
have the meanings ascribed to such terms in the Agreement.
Section 3. Consideration.
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Section 3 of the Agreement is hereby amended and restated to read as
follows:
So long as Echelon uses any portion of the Premises or other office
space leased by Point West, Echelon shall pay on the first day of each calendar
month an amount equal to twenty percent (20%) of any rent due and payable by
Point West to the landlord for the Premises or other office space without any
set-off or deduction. Payments for any partial calendar month shall be prorated
on a per diem basis.
Section 6. Insurance.
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Section 6 of the Agreement is hereby amended and restated to read as
follows:
Point West shall maintain and keep in full force and effect all of the
insurance policies required by Section 6.01 (b) of the Lease and by any new
lease and Echelon shall be named as an additional named insured on such
policies. Echelon shall pay twenty percent (20%) of all premiums for such
insurance policies.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
1 to the Agreement as of the day and year first above written.
POINT WEST CAPITAL CORPORATION
/s/Xxxx X. Xxxxxx
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Xxxx X. Xxxxxx
The Echelon Group of Companies, LLC
/s/Xxxx Xxxx Xxxxxx
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Xxxx Xxxx Xxxxxx
