SECOND LEASE AMENDMENT
AGREEMENT, made this ____ day of _________, 2002 between GREAT OAK, LLC,
successor in interest to MATTERHORN USA, INC., having an address at c/o Sutton &
Xxxxxxx, Inc., 0000 Xxxxxx Xxxxxx, Xxxxx X000, Xxxx Xxxxxxx, Xxx Xxxx 00000 (the
"Landlord") and ATC HEALTHCARE SERVICES, INC., having an address at 0000 Xxxxxx
Xxxxxx, Xxxx Xxxxxxx, Xxx Xxxx 00000 (the "Tenant").
W I T N E S E T H
WHEREAS, Landlord's predecessor in interest, Matterhorn USA, Inc. and Tenant
entered into a lease agreement, dated December 20, 1999, as amended by that
certain First Lease Amendment dated July 6, 2000 (collectively, the "Lease") for
the rental of approximately 13,770 rentable square feet (and 500 square feet of
storage space) at 0000 Xxxxxx Xxxxxx, Xxxx Xxxxxxx, Xxx Xxxx (the "Original
Demised Premises"); and
WHEREAS, the parties are desirous of amending the Lease so as to
increase the amount of storage space leased by Tenant from Landlord (the
additional storage space is sometimes hereinafter referred to as the "Storage
Expansion Space") upon the terms and conditions provided herein.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, it is hereby agreed as follows:
1. The total storage space as indicated in Article XLI of the Lease is
hereby amended and increased from 500 square feet to 825 square feet, which
premises consists of the revised areas shown on the revised Exhibit E annexed
hereto and made a part hereof.
2. The basic annual rental rate for the Storage Expansion Space shall be
$14 per square foot, payable monthly on the first day of each month which basic
annual rental rate shall increase annually by an amount equal to the then
current basic annual rental rate multiplied by three and 50/100 (3.50%) percent.
3. Landlord shall have no obligation to alter, improve, decorate, or
otherwise prepare the Storage Expansion Space for Tenant's storage except that
Landlord shall demise said premises and provide a corridor to such space as set
forth on the plans annexed hereto.
4. The effective date of this Second Lease Amendment shall be the date
that Landlord gives notice to Tenant that the Storage Expansion Space is
substantially ready for storage purposes or upon the date that Tenant is
actually using said space for storage, whichever is earlier. Notwithstanding
anything to the contrary herein, if Landlord shall be delayed in causing the
storage space to be substantially ready due to any acts and/or omissions of
Tenant, then the effective date of this Second Lease Amendment shall be
accelerated by the number of days of such delay. Notwithstanding anything to the
contrary herein, Tenant shall continue to pay all rent and comply with all other
terms and conditions of the Lease upon the execution of this Second Lease
Amendment until the effective date of this Second Lease Amendment, at which time
said terms and conditions shall be amended as expressly provided herein.
5. Tenant represents that it has dealt with no broker other than Xxxxxx &
Xxxxxxx, Inc. (hereinafter the "Broker") in connection with this Second Lease
Amendment and Tenant hereby agrees to indemnify and hold Landlord harmless of
and from any and all losses, costs, damages or expense (including, without
limitation attorneys' fees and disbursements) incurred by Landlord by reason of
any claim of or liability to any other broker who claims to have dealt with
Tenant in connection with this Second Lease Amendment. Landlord shall pay the
Broker such brokerage fee as may be due it pursuant to and in accordance with
Landlord's separate agreement with the Broker.
6. It is expressly understood and agreed that submission by Landlord of
the within Second Lease Amendment is for review and execution by Tenant and
shall confer no rights nor impose any obligation on either party unless or until
both Landlord and Tenant shall have executed this Second Lease Amendment and
duplicates and originals thereof shall have been delivered to the respective
parties hereto.
7. Except as otherwise set forth herein, all other terms and conditions of
the Lease are ratified, confirmed and remain in full force and effect.
IN WITNESS WHEREOF, the parties have signed and delivered this
Second Lease Amendment as of the date first above written.
GREAT OAK, LLC
By: GE CAPITAL REALTY GROUP, INC.
its servicer
By:________________________________
Name:
Title:
ATC HEALTHCARE SERVICES, INC.
By:________________________________
Name:
Title:
Acknowledgment of
Second Lease Amendment by:
-----------------------------
Xxxxx Xxxxxxxxx, Guarantor
Dated:
EXHIBIT E
[Plan of Original Storage Space and Storage Expansion Space to be Attached]
