Exhibit 10.5
FIRST LEASE AMENDMENT
STATE OF TEXAS
COUNTY OF DALLAS
THIS AGREEMENT is entered into as of the 16th day of
April, 1992 by and between WESTERN ATLAS INTERNATIONAL INC.,
hereinafter referred to as "Landlord", and XXXXXXXXXX
LABORATORIES INC., hereinafter referred to as "tenant", to be
effective on the Effective Date, as hereinafter defined.
W I T N E S S E T H:
WHEREAS, by Lease dated August 30, 1991 (the "Lease"),
Landlord leased to Tenant approximately 21,733 square feet of
space in the Building known as the Core Laboratories Building,
0000 Xxxx Xxxxxxxx Xxxxxxxxx, Xxxxxx, Xxxxx 00000-0000 (the
"Building"); and
WHEREAS, Landlord has agreed to lease Tenant an additional
approximately 1,551 square feet of space located in the Building
and described as follows:
Room Nos. Approximate Net Rentable Area
--------- -----------------------------
A-1060 - Office 261 square feet
A-1061 - Office 184 square feet
A-1062 - Office 184 square feet
A-1065 - Office 193 square feet
A-1066 - Office 165 square feet
A-1026 - Office 197 square feet
-----------------
Sub-Total 1,184 square feet
A-1070 - Conference 367 square feet
Room
-----------------
Total 1,551 square feet
all of which space is shown crosshatched on Exhibit "A" attached
hereto and made a part hereof for all purposes (the "Additional
Space"), which Additional space will effectively increase the
aggregate square footage covered by the Lease to approximately
23,284 square feet of space as of the Effective Date.
NOW, THEREFORE, for and in consideration of the premises and
other good and valuable consideration the receipt and adequacy of
which is hereby acknowledged, the parties hereto do hereby agree
that the Lease is amended and modified as follows effective as of
the first to occur of (i) the date Landlord notifies Tenant in
writing that the Tenant finish has been completed in the
Additional Space in accordance with the terms of Exhibit "B"
attached hereto and made a part hereof for all purposes; or (ii)
on the date Landlord would have completed the Tenant Finish in the
Additional Space in accordance with Exhibit "B" hereof except for
delays caused by Tenant or by the agents, employees or contractors
of Tenant; or (iii) on the date Tenant actually takes possession
of all or any part of the Additional Space, or (iv) May 1 1992,
the first of which dates is herein referred to as the "Effective
Date":
1. Area. The figure 21,733 square feet set out in Paragraph
l(a) of the Lease and wherever the figure appears in the
Lease is hereby deleted and the figure 23,284 is hereby
substituted therefor.
2. Minimum Rent. The Minimum Rent of $18,110.83 per month set
out in the first (lst) line of Subparagraph 1(k) of the
Lease is increased to $19,403.33 per month, and the
$20,374.69 per month set out in the third (3rd) line of
Subparagraph 1(k) of the Lease is hereby increased to
$21,828.75 per month. Minimum Rent for the calendar month
when the Effective Date occurs shall be prorated on the
basis of the number of days in that calendar month.
3. Operating Costs. The date "January 1, 1992" contained in the
third line of the third grammatical paragraph of Paragraph 8
is hereby deleted and the date "January 1, 1993" is hereby
substituted therefor.
4. Construction Landlord shall construct the Tenant Finish in
the Additional Space in accordance with the terms of Exhibit
"B" hereto.
The Lease as hereby amended is hereby ratified and confirmed as
being in full force and effect. This Agreement shall be binding on the
parties hereto and their respective successors and assigns: subject,
however, to the terms of the Lease as hereby amended.
EXECUTED as of the date first hereinabove set out.
LANDLORD:
WESTERN ATLAS INTERNATIONAL, INC.
BY: /s/
__________________________
Printed Name:
Title:
TENANT:
XXXXXXXXXX LABORATORIES, INC.
BY: /s/
__________________________
Printed Name:
Title:
EXHIBIT A
[ FLOOR PLAN APPEARS HERE ]
EXHIBIT "B"
to First Lease Amendment (the "Agreement")
By and Between
WESTERN ATLAS INTERNATIONAL, INC. , as Landlord
and
XXXXXXXXXX LABORATORIES. INC., as Tenant
It is understood and agreed that:
A. Landlord agrees at Landlord's sole cost and expense
to construct (i) approximately fifteen (l5) linear feet of
demising wall, taped, bedded and painted with one (1) coat of a
Building standard paint matching the existing walls, and (ii) one
(1) Building standard emergency exit door with Building standard
hardware to create an exit to the Building lobby and entry to the
A-1 level of the Building. The work hereinbefore provided for is
referred to in this Agreement as the "Tenant Finish". All other
parts of the Additional Space have been inspected by Tenant and
are accepted "as-is" without any warranty whatsoever, either
express or implied.
B. ACCEPTANCE: tenant shall within twenty (20) days after
the Effective Date provide Landlord with a so-called punch list
of incomplete work and if such work is Landlord's obligation
hereunder, such work shall be completed by Landlord with
reasonable diligence under the circumstances. Any Tenant Finish
not listed on the punch list shall be deemed accepted and
completed in accordance with the terms hereof.
C. If Landlord shall be delayed in substantially completing
the Tenant Finish as a result of:
(a) Tenant's failure to promptly and timely furnish any
information required by Landlord; or
(b) Tenant's request for materials, finishes or
installations other than Landlord's Building Standard;
or
(c) the performance of work by or on behalf of Tenant
during the early occupancy period provided for in
Paragraph D hereof by a person, firm or corporation
employed by Tenant and the completion of said work by
said person, firm or corporation (all such persons,
firms or corporations being subject to the approval of
Landlord);
then the Effective Date shall be accelerated by the number of
days of such delays.
D. Landlord will permit Tenant and its agents to enter the
Additional Space prior to the Effective Date in order that Tenant
may perform through its own contractors (to be first approved by
Landlord) such other work and decorations as Tenant may desire at
the same time that Landlord's contractors are working in the
Additional Space. The foregoing license to enter prior to the
Effective Date, however, is conditioned upon Tenant's workmen and
mechanics working in harmony and not interfering with the labor
employed by Landlord, Landlord's mechanics or contractors or by
any other tenant or their contractors. Such license is further
conditioned upon Worker's Compensation and public liability
insurance for bodily injury and property damage, all in amounts
and with companies and on forms satisfactory to Landlord, being
provided and at all times maintained by Tenant's contractors
engaged in the performance of the work, and certificates of such
insurance being furnished to Landlord prior to proceeding with
the work. If at any time such entry shall cause disharmony or
interference therewith, this license may be withdrawn by Landlord
upon forty-eight (48) hours written notice to Tenant. Such entry
conditions shall be deemed to be under all of the terms,
covenants, provisions and conditions of the Lease, except as to
the covenant to pay the additional Minimum Monthly Rent provided
for in Paragraph 2 of this Agreement unless otherwise provided
for herein. Landlord shall not be liable in any way for any
injury, loss or damage which may occur to any of Tenant's
decorations or installations so made prior to the Effective Date,
the same being solely at Tenant's risk, and Tenant shall hold
Landlord harmless from any claim, demand or action arising from
activities of Tenant's contractors, workmen or mechanics.
