EXHIBIT 10.75
SECOND AMENDMENT TO LEASE
THIS AMENDMENT is made and entered into as of the 13th day of April,
2004, by and between CGA INVESTMENT COMPANY L.L.C. ("Lessor") and InfiNET
SOLUTIONS, INC. ("Lessee").
WITNESSETH:
WHEREAS, by lease dated March 25, 2002, as amended by First Amendment to
Lease dated February 18, 2003 (the "First Amendment") (the lease and the First
Amendment are referred to together herein as the "Lease"), Lessor leased to
Lessee certain premises (the "Leased Premises") commonly known as 0000 Xxxxx
Xxxxxxx, Xxxxxxx Xxxxx, Xxxxxxxx; and
WHEREAS, Lessor and Lessee desire to extend the term of the Lease on the
terms set forth below and to amend the Lease in certain other respects;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein set forth, Lessor and Lessee hereby agree as follows:
l. EXTENDED TERM. The term of the Lease is hereby extended to April 30,
2005, on the same terms and conditions as set forth in the Lease unless sooner
terminated pursuant to the terms of the Lease; the annual Base Rent shall remain
at $98,485.08 and the monthly Base Rent shall remain at $8,207.09.
2. REAL ESTATE BROKERS. Lessee represents that it has dealt with, and
only with Van Vlissingen and Co., as broker in connection with this Amendment
and that, insofar as Lessee knows, no other broker negotiated this Amendment or
is entitled to any commission in connection therewith. Lessee agrees to
indemnify and hold Lessor harmless from all damages, liability and expense
(including reasonable attorneys' fees) arising from any claims or demands of any
other broker or brokers or finders in connection with its participating with
Lessee in the negotiating of this Amendment.
3. LEASE IN FULL FORCE AND EFFECT. Except for the provisions of this
Amendment, all the terms, covenants and conditions of the Lease and all the
rights and obligations of Lessor and Lessee thereunder, shall remain in full
force and effect, and are not otherwise altered, amended, revised or changed.
4. ESTOPPEL. Lessee hereby acknowledges that as of the date hereof,
Lessee has no knowledge of any claims arising under the Lease against Lessor or
its agents, or any one or more of the foregoing, and that Lessee knows of no
default or failure on the part of Lessor to keep or perform any covenant,
condition or undertaking to be kept or performed by Lessor under the Lease.
Lessee hereby releases Lessor from any known liability arising under the Lease
prior to the date hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the
date first above written.
LANDLORD:
CGA INVESTMENT COMPANY L.L.C., an
Illinois limited liability company
By: Xxxxxxxx Rental Sub Partnership, an
Illinois joint venture, a member
By: /S/ Xxxxxxx X. Xxxxxxxx
--------------------------------
a general partner
LESSEE:
InfiNET SOLUTIONS
By: /S/ Xxxxxx Xxxxxx
-------------------------------
Title: CEO
-------------------------
