SIXTH LEASE AMENDMENT
SIXTH LEASE AMENDMENT, dated February 11, 2000, (the "Sixth Amendment")
by and between CORPORATE XXXXX ASSOCIATES, LLC (the "Landlord") and XXXXXX
INTERACTIVE, INC., as successor in interest to XXXXXX X. BLACK CORPORATION (the
"Tenant").
WITNESETH
WHEREAS, Tenant leased approximately 30,662 square feet located on the
first and second floors (the "Premises") of the building known as 000 Xxxxxxxxx
Xxxxx xx Xxxxxxxx, Xxxx of Brighton, County of Monroe, State of New York
pursuant to a Lease dated April 12, 1991 and subsequent Lease Amendments dated
March 11, 1993, January 1, 1996, and January 6, 1999. Thereafter, Tenant leased
approximately 50,757 square feet located on the first, second and third floors
(the "Third, Fourth and Fifth Expansion Premises") of the building known as 60
Corporate Xxxxx of Brighton pursuant to the Fourth Lease Amendment dated July
27, 1999 and Fifth Lease Amendment dated January 5, 2000, for a combined total
square footage of 81,419 (collectively the "Lease");
WHEREAS, Tenant shall hire and lease from Landlord, commencing March
15, 2000 an additional 7,500 square feet of Total Rentable Area (the "Sixth
Expansion Premises") located on the first floor of the Building known as 155
Corporate Xxxxx, hereby revising the combined leased premises in Buildings 60,
135 and 155 Corporate Xxxxx to 88,919 square feet.
WHEREAS, Landlord and Tenant now mutually desire to amend the Lease as
herein set forth and are executing and delivering this Amendment for that
purpose. The terms and conditions contained herein shall be applicable to
Tenant's Leased Premises at 155 Corporate Xxxxx in addition to those pertaining
to Tenants Leased Premises in Buildings 60 and 135 Corporate Xxxxx as outlined
in previous Amendments.
NOW, THEREFORE, the parties hereto, in consideration of the covenants,
agreements and terms, provisions, stipulations and conditions therein contained,
hereby amend the Lease in the following respects, and only in the following
respects.
1. The "Witnesseth" section of the Lease is hereby amended in relevant
part only as follows:
"in addition to Tenant's existing leased Premises in Buildings 60 and
135 Corporate Xxxxx, Landlord hereby leases unto Tenant and Tenant
hereby
accepts from Landlord that certain space, commencing March 15, 2000, of
7,500 square feet of Total Rentable Area, Suite 180 (the "Sixth
Expansion Premises") located on the first floor of the Building known
as 155 Corporate xxxxx.
2. Section 1(a) Date of Commencement of the Lease is hereby modified to
include the following:
"The term of this Sixth Amendment shall commence on March 15,
2000 (the "Sixth Expansion Premises Commencement Date"). The
term as so commenced shall end at midnight on June 30,
2003.(degree)
3. Commencing March 15, 2000, and continuing each month thereafter, the
Annual Base Rent as outlined in section 3(a) Base Rent is hereby modified as
follows to include the Base Rent due for Tenant's leased Premises at Building
155 Corporate Xxxxx:
Period Annually Monthly
3/15/00 - 3/31/00 $ 5,483.86
4/1/00 - 6/30/01 $120,000.00 $10,000.00
7/1/01 - 6/30/03 $123,750.00 $10,312.50
4. Section 3(C) Real Property Taxes shall reflect Tenant's Base Expense
Stop for Building 155 be the 2000 Town & County Taxes and the 1999/2000 School
Taxes applicable to the Building.
5. Section 3(d) Tenant's Share of Real Property Taxes is hereby amended
to reflect Tenant's Pro-Rata Share of Building 155, based on 89,500 s.f. of
Total Rentable Area, to be 8.4%.
6. For purposes of this Sixth Lease Amendment, the first paragraph of
Section 4 Leasehold Improvements is hereby defined as follows:
"Tenant shall accept the Sixth Expansion Premises in its "as
is" condition.
Any and all work as requested by Tenant shall be performed by
Landlord at Tenant's sole cost and expense. Landlord and
Tenant hereby agree that any and all such unit pricing
relative to the Sixth Expansion Premises Leasehold
improvements provided by Landlord to Tenant shall be adjusted
to reflect a 15% construction management fee instead of the
customary 20% fee."
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7. Landlord and Tenant agree that Tenant shall be responsible for
janitorial and electric costs associated with the Sixth Expansion Premises upon
the commencement date.
8. Definitions All terms defined in the Lease and used but not defined
herein shall have the meaning set forth in the Lease.
9. Applicability of Amendment As amended hereby, the Lease shall
continue unamended and in full force and effect and all terms and conditions of
said lease not specifically addressed herein shall be binding and applicable to
Tenant's leased Premises at 60, 135 and 155 Corporate Xxxxx, as the case may be.
In the event of a conflict between the provisions of this Sixth Amendment and
the Lease, the provisions of this Amendment shall control.
IN WITNESS WHEREOF, the Landlord and the Tenant have respectively
signed this Amendment as of the day and year first above written.
XXXXXX INTERACTIVE, INC.
Witness BY
Its
CORPORATE XXXXX ASS0CIATES, LLC
Witness BY
Xxxxxxx X. Xxxxxxx
Its Member
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SEVENTH LEASE AMENDMENT
SEVENTH LEASE AMENDMENT, dated March 14, 2000, (the "Seventh
Amendment") by and between CORPORATE XXXXX ASSOCIATES, LLC (the "Landlord") and
XXXXXX INTERACTIVE, INC., as successor in interest to XXXXXX X. BLACK
CORPORATION (the "Tenant").
WITNESETH
WHEREAS, Tenant leased approximately 30,662 square feet located on the
first and second floors (the "Premises") of the building known as 000 Xxxxxxxxx
Xxxxx xx Xxxxxxxx, Xxxx of Brighton, County of Monroe, State of New York
pursuant to a Lease dated April 12, 1991 and subsequent Lease Amendments dated
March 11, 1993, January 1, 1996, and January 6, 1999. Thereafter, Tenant leased
approximately 50,757 square feet located on the first, second and third floors
(the "Third, Fourth and Fifth Expansion Premises") of the building known as 60
Corporate Xxxxx of Brighton pursuant to the Fourth Lease Amendment dated July
27, 1999 and Fifth Lease Amendment dated January 5, 2000, and 7,500 square feet
of Total Rentable Area in Building 155 Corporate Xxxxx pursuant to the Sixth
Lease Amendment dated February 11, 2000, for a combined total square footage of
88,919 (collectively the "Lease");
WHEREAS, Tenant shall hire and lease from Landlord, commencing may 1,
2000 an additional 16,455 square feet of Total Rentable Area (the "Seventh
Expansion Premises") located on the first floor of the Building known as 155
Corporate Xxxxx, hereby revising the combined leased premises in Buildings 60,
135 and 155 Corporate Xxxxx to 105,374 square feet.
WHEREAS, Landlord and Tenant now mutually desire to amend the Lease as
herein set forth and are executing and delivering this Amendment for that
purpose. The terms and conditions contained herein shall be applicable to
Tenant's Leased Premises at 155 Corporate Xxxxx in addition to those pertaining
to Tenants Leased Premises in Buildings 60, 135 and 155 Corporate Xxxxx as
outlined in previous Amendments.
NOW, THEREFORE, the parties hereto, in consideration of the covenants,
agreements and terms, provisions, stipulations and conditions therein contained,
hereby amend the Lease in the following respects, and only in the following
respects.
1. The "Witnesseth" section of the Lease is hereby amended in relevant
part only as follows:
"In addition to Tenant's existing leased Premises in Buildings 60, 135
and 155 Corporate Xxxxx, Landlord hereby leases unto Tenant and Tenant
hereby accepts from Landlord that certain space, commencing May 1,
2000, of 16,455 square feet of Total Rentable Area, Suites 100 & 130
(the "Seventh Expansion Premises") located on the first floor of the
Building known as 000 Xxxxxxxxx Xxxxx. "
2. Section 1(a) Date of Commencement of the Lease is hereby modified to
include the following:
"The term of this Seventh Amendment shall commence on May 1,
2000 (the "Seventh Expansion Premises Commencement Date"). The
term as so commenced shall end at midnight on June 30, 2003."
3. Commencing may 1, 2000, and continuing each month thereafter, the
Annual Base Rent as outlined in section 3(a) Base Rent is hereby modified as
follows to include the Base Rent due for Tenant's leased Premises at Building
155 Corporate Xxxxx:
Period Annually Monthly
5/1/00 - 6/30/01 $383,280.00 $31,940.00
7/1/01 - 6/30/03 $395,257.50 $32,938.13
4. Section 3(c) Real Property Taxes shall reflect Tenant's Base Expense
Stop for Building 155 be the 2000 Town & County Taxes and the 1999/2000 School
Taxes applicable to the Building.
5. Section 3(d) Tenant's Share of Real Property Taxes is hereby amended
to reflect Tenant's Pro-Rata Share of Building 155, based on 89,500 s.f. of
Total Rentable Area, to be 26.8%.
6. For purposes of this Seventh Lease Amendment, the first paragraph of
Section 4 Leasehold improvements is hereby defined as follows:
"Tenant shall accept the Seventh Expansion Premises in its "as
is" condition.
Any and all work as requested by Tenant shall be performed by
Landlord at Tenant's sole cost and expense. Landlord and
Tenant hereby agree that any and all such unit pricing
relative to the Seventh Expansion Premises Leasehold
Improvements provided by Landlord to Tenant shall be adjusted
to reflect a 15% construction management fee instead of the
customary 20% fee."
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7. Landlord and Tenant agree that Tenant shall be responsible for
janitorial and electric costs associated with the Seventh Expansion Premises,
however, whereas Tenant shall begin remitting electirc charges upon the
commencement date, janitorial costs shall commence upon Tenant's occupancy of
the Premises.
8. Definitions All terms defined in the Lease and used but not defined
herein shall have the meaning set forth in the Lease.
9. Applicability of Amendment As amended hereby, the Lease shall
continue unamended and in full force and effect and all terms and conditions of
said lease not specifically addressed herein shall be binding and applicable to
Tenant's leased Premises at 60, 135 and 155 Corporate Xxxxx, as the case may be.
In the event of a conflict between the provisions of this Seventh Amendment and
the Lease, the provisions of this Amendment shall control.
IN WITNESS WHEREOF, the Landlord and the Tenant have respectively
signed this Amendment as of the day and year first above written.
XXXXXX INTERACTIVE, INC.
Witness BY
Its
CORPORATE XXXXX ASS0CIATES, LLC
Witness BY
Xxxxxxx X. Xxxxxxx
Its Member
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EIGHTH LEASE AMENDMENT
EIGHTH LEASE AMENDMENT, dated October 1, 2000, (the 'Eighth Amendment") by and
between CORPORATE XXXXX ASSOCIATES, LLC (the "Landlord") and XXXXXX
INTERACTIVE, INC., as successor in interest to XXXXXX X. BLACK CORPORATION
(the "Tenant").
WITNESSETH
WHEREAS, Tenant leased approximately 30,662 square feet located on the
first and second floors (the "Premises") of the building known as 000 Xxxxxxxxx
Xxxxx xx Xxxxxxxx, Xxxx of Brighton, County of Monroe, State of New York
pursuant to a Lease dated April 12, 1991 and subsequent Lease Amendment dated
March 11, 1993, January 1, 1996, and January 6, 1999. Thereafter, Tenant leased
approximately 50,757 square feet located on the first, second and third floors
(the "Third, Fourth and Fifth Expansion Premises") of the building known as 60
Corporate Xxxxx of Brighton pursuant to the Fourth Lease Amendment dated July
27, 1999 and Fifth Lease Amendment dated January 5, 2000. Further, Tenant leased
an additional 23,955 square feet located in on the first floor (the "Sixth and
seventh Expansion Premises") of the building known as 155 Corporate Xxxxx of
Brighton pursuant to the Sixth and Seventh Lease Amendments dated February 11,
2000 and March 14, 2000, respectively, for a total combined leased square
footage of 105,374 (collectively the "Lease");
WHEREAS, Tenant has requested and Landlord has granted a two (2) year
extension of the Lease term;
WHEREAS, Landlord and Tenant now mutually desire to amend the Lease as
herein set forth and are executing and delivering this Amendment for that
purpose. The terms and conditions contained herein shall be applicable to
Tenants Leased Premises in Buildings 60, 135 and 155 Corporate Xxxxx as
outlined in previous Amendments.
NOW, THEREFORE, the parties hereto, in consideration of the covenants,
agreements and terms, provisions, stipulations and conditions therein
contained, hereby amend the Lease in the following respects. and only in the
following respects.
1. Section 1(a) Date of Commencement of the Lease is hereby modified
in relevant part extending the term for one (1a additional two (2) Years,
thereby adjusting the expiration date to reflect June 30, 2005.
Commencing July 1, 2003 and continuing each month thereafter during the
term of this Extension, Section 3(a) of the Lease, _Base_Rent shall be payable
as detailed below:
Cost
Square Foot Annual Rent Monthly Rent
Building 60
50,757 s.f. $16.85 $855,255.48 $71,271.29
Building 135
30,662 s.f. $18.85 $577,978.80 $48,164.90
Building 155
23,955 s.f. $16.85 $403,641.84 $33,636.82
3, The notice period outlined in Section 36 Extension of Term is
hereby modified to reflect that Tenant shell provide Landlord written notice
of its desire to extend the term of the lease on or before twenty four (24)
months prior to the expiration date as modified in Section 3 herein.
4. Section 41 Right of First Offer is hereby added back into and
shall become a part of this Eighth Lease Amendment as follows:
"Tenant shall have a right of first offer to lease any space
located in Buildings 60 and 155 corporate Xxxxx, subject to any
preexisting rights of any other Tenants in the Buildings, (the
"RF0 Premises") upon the terms and conditions hereafter set forth:
(a) Exercise of Right to Lease RFO Premises. Landlord shall give
Tenant written notice ("Landlord's Notice", more particularly
described below) that Landlord intends to offer the RFO Premises
for lease.
(b) Landlord's Notice. Landlord's Notice shall set forth the Base
Rent applicable to such RFO Premises, which shall be at the then
current cost per square foot that Tenant is paying to Landlord,
Tenant's new Pro Rata Share (including the Premises and RFO
Premises based on the formula set forth in Section 3(d) of the
Lease, the Commencement Date for the RFO Premises and the
Expiration Date for the RFO Premises. Tenant shall have the right,
exercisable upon written notice given to Landlord within five (5)
business days after the giving of landlord's Notice, to lease the
RFO Premises. If Tenant fails to give such notice in the time
period set forth herein, Tenant shall have no further right to
lease the RFO Premises pursuant to this Section 41. Upon the
timely giving of such notice, landlord shall lease the RFO
Premises upon all of the terms and conditions of this Lease except
as hereinafter set forth.
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(c) Lease Provisions Applying to RFO Premises. The leasing to
Tenant of the RFO Premises shall be upon alt of the terms and
conditions of this Lease unless stated otherwise in Landlord's
Notice and except that the RFC Premises shall be delivered by
Landlord and accepted by Tenant in its "as is" condition.,
(dl Tenant Default. if tenant is In default under this Lease on
the date written notice is given to Tenant by Landlord or at any
time thereafter prior to the date the RF0 Premises is occupied by
Tenant, then, at Landlord's option, Tenant's rights pursuant to
this Section shall lapse and be of no further force or effect.
(e) Execution of Lease Amendments. Notwithstanding the fact that
Tenant's exercise of the above-described right of first offer to
lease RFO Premises shall be self-executing, the parties hereby
agree promptly to execute a lease amendment reflecting the
addition of the RPO Premises as well as any modifications of the
provisions of the Lease as shall be necessary to properly include
the RFO Premises within the terms and conditions of this Lease."
5. Definitions All terms defined in the lease and used but not
defined herein shall have the meaning set forth in the Lease.
6. Applicabilit of Amendment AS amended hereby. the Lease shall
continue unamended and In full force and effect and all terms and conditions of
said lease not specifically addressed herein shall be binding and applicable to
Tenant's leased Premises at 60, 135 and 155 corporate Xxxxx, as the case may
be. In the event of a conflict between the provisions of this Eighth Amendment
and the Lease, the provisions of this Amendment shall control.
IN WITNESS WHEREOF, the Landlord and the Tenant have respectively
signed this Amendment as of the day and year first above written.
XXXXXX INTERACTIVE, INC.
Witness By
Its
CORPORATE XXXXX ASSOCIATES, LLC
Witness By Xxxxxxx X Xxxxxxx
Its
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