Exhibit 10.3
LEASE AMENDMENT
(as of July 28, 1993)
The Lease (hereinafter "the Lease") entered into as of July 28, 1993
between Dirk Investments, Inc. (hereinafter referred to as "Lessor") and MICROSS
Division of Xxxxxx Companies, Inc. (hereinafter referred to as "Lessee") is
hereby amended as follows:
(1) The reference to "MICROSS Division of Xxxxxx Companies, Inc." in the
preamble and signature block (p.19) incorrectly refers to the MICROSS division
and should, instead, have referred to Xxxxxx Companies, Inc. as Lessee, the
original intention of the parties; accordingly, the preamble and signature block
is hereby amended to show the Lessee as "Xxxxxx Companies, Inc."
(2) The description of the Demised Premises on Page 1 of the Lease
incorrectly does not reflect the original intention of the parties to exclude
from this Lease the portion of the Demised Premises leased by Dirk Investments,
Inc. to Tire America, Inc. by Lease dated July 21, 1993 of office space
consisting of approximately 9,100 square feet and warehouse space of
approximately 3,750 square feet together with parking privileges; accordingly,
the description of the Demised Premises is hereby amended so as to delete the
first four lines of the description and insert instead the words: "All of the
warehouse space containing 67,150 square feet, including all improvements
therein, as. . ."
(3) The last sentence of Paragraph 20 of the Lease incorrectly imposes on
the Lessor the obligation to pay all real estate taxes, contrary to the original
intention of the parties; accordingly, the Lease is hereby amended so that the
last sentence of Paragraph 20 of the Lease shall read: "Lessee shall pay all
real estate taxes assessed against the subject property."
(4) Paragraph 25 of the Lease incorrectly omits to state that Lessor and
Lessee shall be financially responsible for maintenance of the common areas on a
pro rata basis, the original
intention of the parties; accordingly, the first two lines of Paragraph 25 of
the Lease are hereby amended to read: "Lessor and Lessee agree to maintain on a
pro rata basis at all times during the term of this Lease or any extension
thereof, . . ."
IN WITNESS WHEREOF, the parties hereto have signed and sealed the foregoing
Lease Amendment on the 22nd day of March 1994.
DIRK INVESTMENTS, INC. (Lessor)
Attest: By: /s/ Xxxxxxx X. Xxxx
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/s/ Xxxx X. Dirk (Title) Chairman
------------------------------------- ----------------------------
(Title) Secretary
--------------------------
XXXXXX COMPANIES, INC. (Lessee)
Attest: By: /s/ Xxxxxxx X. Dirk
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/s/ Xxxx X. Xxxx (Title) CEO
-------------------------------- ---------------------------
Secretary
This instrument prepared by:
Xxxxxxx X. Xxxxxxx, Esq.
Xxxxxx & Xxxxxxxx
0 Xxxx Xxxxx, Xxxxx 0000
Xxxxxx, XX 00000
Tele: (000) 000-0000
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NOTARIAL ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
The foregoing instrument was acknowledged before me this March 22, 1994 by
Xxxxxxx X. Dirk, Chairman of Dirk Investments, Inc., a Delaware corporation, on
behalf of the corporation.
/s/ Xxxxxx Xxxxxxxxxxx
--------------------------------
Notary Public
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
The foregoing instrument was acknowledged before me this March 22, 1994 by
Xxxxxxx X. Dirk, CEO of Xxxxxx Companies, Inc., a Delaware corporation, on
behalf of the corporation.
/s/ Xxxxxx Xxxxxxxxxxx
--------------------------------
Notary Public
State of West Virginia, County of Ohio, to-wit:
I, Xxxxxxx X. Xxxxx, Clerk of the County Commission of said County, do
certify that the foregoing document was admitted to record in this office on the
25th day of March 1994 at 2:25 P.M.
/s/ Xxxxxxx X. Xxxxx
--------------------------------
Clerk of County Commission
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