EXHIBIT 10.30
FIRST AMENDMENT TO LEASE
This FIRST AMENDMENT TO LEASE ("FIRST AMENDMENT") is made and entered
into effective as of June 30, 2002, by and between W9/MTN REAL ESTATE LIMITED
PARTNERSHIP, a Delaware limited partnership ("LANDLORD"), and MANAGED STORAGE
INTERNATIONAL, a Delaware corporation ("TENANT").
R E C I T A L S :
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A. Landlord and Tenant entered into that certain Office Lease
dated as of March 15, 2002 (the "LEASE"), pursuant to which Landlord leased to
Tenant and Tenant leased from Landlord certain "LEASED PREMISES," as described
in the Lease, known as Suite 250 of the Building located at 00000 Xxxxxxx Xxx,
Xxxxxxxxxx, Xxxxxxxx 00000.
B. Except as otherwise set forth herein, all capitalized
terms used in this First Amendment shall have the same meaning as given such
terms in the Lease.
C. Landlord and Tenant desire to amend the Lease to (i) amend
the Letter of Credit Rider, attached thereto, and (ii) confirm Commencement Date
and Expiration Date of Lease, and (iii) otherwise modify the Lease, all as
hereinafter provided.
A G R E E M E N T :
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NOW, THEREFORE, in consideration of the foregoing Recitals and the
mutual covenants contained herein, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. LETTER OF CREDIT RIDER. The last sentence of
Section 6 of the Letter of Credit Rider is hereby deleted and replaced with the
following:
"Any such reductions in the LC Amount set forth in the
table below pursuant to this Section 6 shall occur only pursuant to written
instructions, prepared by Tenant, signed by both the Landlord and Tenant and
delivered to the Bank by Tenant. In the absence of such written instructions
delivered to the Bank, the LC Amount shall remain unchanged from the prior
period."
2. CONFIRMATION OF DATES. The parties hereby
confirm that (a) Landlord has completed all work required by the Lease as of the
date hereof, and (b) the Lease Term commenced as of April 1, 2002 (the
"COMMENCEMENT DATE") for a term of approximately sixty six (66) months ending on
September 30, 2007 (unless sooner terminated as provided in the Lease).
3. NO FURTHER MODIFICATION. Except as set forth in
this First Amendment, all of the terms and provisions of the Lease shall remain
unmodified and in full force and effect.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
(4)
IN WITNESS WHEREOF, this First Amendment to Lease has been executed
as of the day and year first above written.
"Landlord":
W9/MTN REAL ESTATE LIMITED
PARTNERSHIP,
a Delaware limited partnership
By: LEGACY PARTNERS COMMERCIAL,
INC.,
a Texas corporation, as agent and manager for
Landlord
By: /s/ Xxxxx Xxxxx
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Name: Xxxxx Xxxxx
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Title: Senior Vice President - Marketing
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"Tenant":
MANAGED STORAGE INTERNATIONAL,
a Delaware corporation
By: /s/ Xxxx Guest
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Name: Xxxx Guest
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Title: General Counsel - Secretary
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By: /s/ Xxxxxxx Xxxxxxx
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Name: Xxxxxxx Xxxxxxx
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Title: Vice President
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(5)
