EXHIBIT 10.20
AMENDING AGREEMENT
THIS AGREEMENT made as of the 1st day of December, 1998.
BETWEEN:
SUN LIFE ASSURANCE COMPANY OF CANADA
(hereinafter called the "Landlord")
OF THE FIRST PART
AND:
MDSI MOBILE DATA SOLUTIONS INC.
(hereinafter called the "Tenant")
OF THE SECOND PART
WHEREAS by a lease (the "Lease") dated the 18th day of September, 1997, the
Landlord demised to the Tenant part of the property municipally known as 00000
Xxxxxxxxxxx Xxx, Xxxxxxxx, Xxxxxxx Xxxxxxxx, such premises are more particularly
described in the Lease, for the term and on the terms and conditions therein set
out;
AND WHEREAS effective December 1, 1998, the parties hereto have agreed to
amend the Lease;
NOW THEREFORE THIS INDENTURE WITNESSETH that in consideration of the
premises, the sum of ONE DOLLAR ($1.00) of lawful money of Canada and other
valuable consideration paid by each party to the other (the receipt and
sufficiency whereof is hereby acknowledged), the parties hereto covenant and
agree as follows:
1. The parties hereto acknowledge, confirm and agree that Clause 1.01
"Premises" of the Lease shall be amended to read 96,816 square feet, and
Schedule "A" of the Lease shall be replaced with Schedule "A" attached
hereto.
2. The parties hereto acknowledge, confirm and agree that Schedule C, Section
D.1 being referred to in Clause 1.04 "Basic Rent" of the Lease shall be
deleted in its entirety and replaced with the following to read:
During the term of the lease, Basic Rent shall be due and payable
commencing December 1, 1998 as follows:
For the period December 1, 1998 to and including November 30, 2003, Basic
Rent due and payable to the Landlord shall be ONE MILLION FOUR HUNDRED
FIFTY-TWO THOUSAND TWO HUNDRED FORTY DOLLARS ($1,452,240.00) per annum
payable in equal monthly instalments of ONE HUNDRED TWENTY-ONE THOUSAND
TWENTY DOLLARS ($121,020.00).
For the period December 1, 2003 to and including November 30, 2008, Basic
Rent due and payable to the Landlord shall be ONE MILLION FIVE HUNDRED
NINETY-SEVEN THOUSAND FOUR HUNDRED SIXTY-FOUR DOLLARS ($1,597,464.00) per
annum payable in equal monthly instalments of ONE HUNDRED THIRTY-THREE
THOUSAND ONE HUNDRED TWENTY-TWO DOLLARS ($133,122.00).
3. The parties hereto acknowledge, confirm and agree that in all other
respects the terms and conditions of the Lease remain in full force and
effect, unchanged and unmodified, except as amended by this agreement, in
accordance with the terms and conditions of the Lease, as amended hereby.
4. Except as specifically stated in this agreement, any expression used in
this agreement has the same meaning as the corresponding expression used in
the Lease.
5. This agreement shall enure to the benefit of and be binding upon the
parties hereto and their respective successors and assigns in accordance
with the Lease.
IN WITNESS WHEREOF the parties have hereunto executed this agreement under
seal as of the day and year first above written.
SUN LIFE ASSURANCE COMPANY OF CANADA )
)
)
)
Per: /s/ X.X. Xxxxxxxx ) c/s
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X.X. Xxxxxxxx )
Director, Leasing )
)
)
Per: /s/ X.X. Xxxxxx )
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X.X. Xxxxxx )
Director, Property Management )
MDSI MOBILE DATA SOLUTIONS INC. )
)
)
)
Per: /s/ Xxxxxxx X. Xxxxxx ) c/s
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)
)
)
)
Per: /s/ Xxxxxx Xxxxxxxxxxx )
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2
SCHEDULE "A"
Explanatory Plan of Leased Areas Comprising the Ground Floor, Second Floor,
Third Floor and Roof Floor of a 3-Storey Building Situated on Lot 115, Except
Part Subdivided by Plan 63226, Xxxxxxx 00, Xxxxx 0 Xxxxx, Xxxxx 0 Xxxx, Xxx
Xxxxxxxxxxx District, Plan 45786
[Diagram of leased area]
INITIALS
[Initials] [Initials]
