FOURTH AMENDMENT TO LEASE
Exhibit 10.3
FOURTH AMENDMENT TO LEASE
This FOURTH AMENDMENT TO LEASE (this “Amendment”) is entered into as of April 2, 2010 (the
“Effective Date”) by and between JEPCO DEVELOPMENT COMPANY LLC, an Oregon limited liability
company, as successor-in-interest to Jepco Development Company, a general partnership (“Lessor”),
and LACROSSE FOOTWEAR, INC., a Wisconsin corporation (“Lessee”).
RECITALS
A. Lessor and Lessee are parties to that certain Lease, dated as of March 14, 1994, as amended
by a Lease Amendment and Option Exercise, dated as of April 17, 1998, a Second Amendment to Lease,
dated as of November 24, 2008, and a Third Amendment to Lease, dated December 4, 2009 (the “Third
Amendment”) (as amended, the “Lease”), pursuant to which Lessor leases to Lessee, and Lessee leases
from Lessor, certain real property located at 00000 XX Xxxxxxx Xxx in the City of Portland, Oregon
and more particularly described in the Lease (the “Premises”).
B. Pursuant to the Third Amendment, the Lease is currently set to expire on July 31, 2010.
X. Xxxxxx and Lessee now desire to extend the First Extended Term of the Lease to September
30, 2010 based on the terms and conditions set forth herein.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Lessor and Lessee agree as follows:
i) Lease Amendments.
(1) Additional Two-Month Extension of First Extended Term. Section 2(a) of the Lease
is hereby amended to provide that the First Extended Term of the Lease shall be extended for two
additional months to September 30, 2010, at which time the Lease shall terminate.
(2) Rent For Additional Two-Month Extension Period. Lessee shall pay the same base
monthly rent that it is currently paying to Lessor during the two month extension period (August 1,
2010 — September 30, 2010).
(3) Vacating Premises Prior to September 30, 2010. Lessee shall have no obligation to
move out of the Premises prior to September 30, 2010, but if Lessee voluntarily elects to vacate
the Premises before September 30, 2010, then Lessor shall have the right (upon receipt of notice
from Lessee that it has fully vacated the Premises) to terminate the Lease at any time thereafter
and take possession of the Premises, lessee will be responsible to pay lease payments thru
September 30, 2010 even if they vacate.
ii) Capitalized Terms.
All capitalized terms used in this Amendment, which are not defined herein, shall have the
same meaning as in the Lease.
iii) Miscellaneous.
Except as set forth herein, the Lease remains in full force and effect. This Amendment may be
executed in multiple counterparts, each of which shall be deemed an original. Delivery of an
executed signature page to this Amendment by facsimile transmission shall be as effective as
delivery of a manually signed counterpart hereto.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Fourth Amendment to Lease as of the date
first set forth above.
LESSEE | LESSOR | |||||||||
LACROSSE FOOTWEAR, INC., a Wisconsin corporation |
JEPCO DEVELOPMENT COMPANY LLC, an Oregon limited liability company |
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By: | /s/ Xxxxx X. Xxxxxxx | By: | /s/ Xxxx X. Xxxxxx | |||||||
Name: | Xxxxx X. Xxxxxxx | Name: | Xxxx X. Xxxxxx | |||||||
Its: | Executive Vice President & CFO | Its: | Partner |