Exhibit 10.55
PSBUSINESSPARKS
METRO PARK NORTH
0000 Xxxxxxxx Xxxxx, Xxxxx 000 Xxxxxxxxx,
XX 00000
TEL 301340.0901
FAX 301 340.8503
xxx.xxxxxxxxxxxxxxx.xxx
January 3, 2003
Xxx Xxxxx
PC Connection, Inc.
Xxxxx 000X, 000 Xxxxxxx Xxxx
Xxxxxxxxx, XX 00000-0000
RE: 0000 Xxxxxxxx Xxxxx
Xxxxxxxxx, XX
Dear Xxx,
Please find enclosed a long overdue fully executed copy of the Fourth
Amendment to Lease Agreement for your premises in Rockville, MD. On
behalf of PS Business Parks I would like to thank you for choosing to
renew with us in Metro Park. If I can be of any assistance during the
next three years I hope that you will not hesitate to give me a call.
Sincerely,
Xxxxx
Xxxxx X. Xxxxx
Director of Leasing
Enclosure
FOURTH AMENDMENT TO AGREEMENT OF LEASE
THIS FOURTH AMENDMENT TO AGREEMENT OF LEASE ("Fourth Amendment") is
made this 20th day of November, 2002, by and between METRO PARK I, LLC,
a Delaware limited liability company ("Lessor") and GOVCONNECTION,
INC., a Maryland corporation, formerly known as Comteq Federal, Inc.
("Lessee").
WITNESSETH:
WHEREAS, Rockville Office/Industrial Associates, Lessor's predecessor
in interest and Comteq Federal, Inc., Lessee's predecessor in interest, entered
into that certain Lease dated December 14, 1993 (the "Original Lease"), as
amended by that certain First Amendment to Lease dated November 1, 1996 (the
"First Amendment"), as further amended by that certain Second Amendment to
Agreement of Lease and Extension of Term dated as of March 31, 1998 (the
"Second Amendment"), and as further amended by that certain Third Amendment to
Agreement of Lease dated as of August 31, 2000 (the "Third Amendment") (the
Original Lease, First Amendment, Second Amendment and Third Amendment shall be
referred to collectively as the "Lease"), pursuant to which Lessee leased that
certain space in the building located at 0000 Xxxxxxxx Xxxxx, Xxxxxxxxx,
Xxxxxxxx (the "Building"), said leased premises containing approximately Ten
Thousand One Hundred Ninety-Six (10,196) rentable square feet of space (the
"Premises"); and
WHEREAS, Lessor and Lessee desire to amend the Lease to extend the Term
of the Lease and modify and amend certain other terms and conditions of the
Lease as herein provided.
NOW, THEREFORE, in consideration of the premises and mutual covenants
and agreements herein contained and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee
hereby agree to the following:
1. Recitals. The recitals set forth above are incorporated herein by
this reference with the same force and effect as if fully set forth hereinafter.
2. Capitalized Terms Capitalized terms not otherwise defined herein
shall have the meaning ascribed to them in the Lease. The Lease and this Fourth
Amendment shall be known collectively as the "Lease".
3. Lessee. All references in the Lease to Rockville/Office Industrial
Associates as Lessor, shall now apply to Metro Park I, LLC. All references in
the Lease to Comteq Federal, Inc. as Lessee, shall now apply to GovConnection,
Inc.
4. Term. The Term of the Lease is hereby extended for a period of three
(3) years commencing on April 1, 2003 (the "Renewal Date") and expiring on March
31, 2006 (inclusively, the "Renewal Term"), unless terminated sooner pursuant to
the provisions of the Lease or hereof.
5. Rent. As of the Renewal Date, Sections 2.1, 2.2, 2.3, 2.4 and 2.5 of
the Original Lease, as amended by Paragraph 2 of the First Amendment, Paragraph
5 of the Second Amendment and Paragraph 2 of the Third Amendment are hereby
deleted in their entirety and the following Sections 2.1, 2.2 and 2.3 are
substituted in lieu thereof:
"2.1. Base Rent. On or before the first day of each calendar month
of the Lease Term, Lessee will pay to Lessor the Base Rent for such month as
more particularly set forth hereinbelow. All sums payable by Lessee to Lessor
hereunder shall be deemed rent. Base Rent and all other amounts required to be
paid by Lessee hereunder shall be paid without deduction or offset and without
prior notice or demand. All such amounts shall be paid in lawful money of the
United States of America and shall be paid to Lessor at the address stated
herein or to such other persons or to such other places as Lessor may designate
in writing from time to time. Amounts payable hereunder shall be deemed paid
when actually received by Lessor.
Lease Period Monthly Base Rent
04/01/03-03/31/04 $19,967.17
04/01/04-03/31/05 $20,566.19
04/01/05-03/31/06 $21,183.18
2.2. Additional Rent.
2.2.1 Unless otherwise specifically stated in this Lease, any
charge payable by Lessee under this Lease other than Base Rent is called
"Additional Rent". Except as otherwise specifically provided in this Lease,
Additional Rent is to be paid concurrently with and is subject to the same terms
and conditions as Base Rent. The term "rent" or "Rent" whenever used in this
Lease means Base Rent, Additional Rent and/or any other monies payable by Lessee
under the terms of this Lease. Monthly rent for any partial calendar month will
be prorated.
2.2.2 "Operating Costs" as used herein shall include all costs
and expenses related to the ownership, management, operation,
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maintenance, replacement, improvement and repair of the Premises, Building,
and/or Property, or any part thereof, incurred by Lessor including but not
limited to: (1) Property supplies, materials, labor, equipment, and tools; (2)
Lessor incurred Utility and Service Costs (as further described in Paragraph
2.2.38 below), security, janitorial, trash removal, and all applicable service
and maintenance agreements; (3) Property related legal, accounting, and
consulting fees, costs and expenses, including but not limited to the cost of
contests of Real Property Taxes; (4) Insurance Premiums for all policies deemed
necessary by Lessor and/or its lenders, and all deductible amounts under such
policies (as further described in Paragraph 2.2.3C below); (5) costs and
expenses of operating, maintaining, and repairing the Property, including but
not limited to all interior areas and also driving, parking, loading, and other
paved or unpaved areas (including but not limited to, resurfacing and striping
and any snow and ice removal Lessor elects to conduct), landscaped areas
(including but not limited to, tree trimming), building exteriors (including but
not limited to, painting and roof work), signs and directories, and lighting;
(6) capital improvements and replacements (including but not limited to all
financing costs and interest charges); (7) compensation (including but not
limited to, any payroll taxes, worker's compensation for employees, and
customary employee benefits) of all persons, including independent contractors,
who perform duties, or render services on behalf of, or in connection with the
Property, or any part thereof, including but not limited to, Property
operations, maintenance, repair, and rehabilitation; (8) Property management
fees and the cost of providing space used by the Property manager; and (9) Real
Property Taxes (as further described in Paragraph 2.2.3A, below).
2.2.3A "Real Property Taxes" as used herein shall include any
fee, license fee, tax, levy, charge, assessment, penalty or late fee (if a
result of Lessee's delinquency or negligence), or surcharge (hereinafter
individually and/or collectively referred to as "Tax") imposed by any authority
(including but not limited to, any federal, state, county, or local government,
or any school, agricultural, lighting, drainage, or other improvement district,
or public or private association) having the direct or indirect power to tax and
where such Tax is imposed against the Property, or any part thereof, or Lessor
in connection with its ownership or operation of the Property, including but not
limited to: (1) any Tax on Lessor's right to receive, or the receipt of, rent or
income from the Property, or any part thereof, or Tax against Lessor's business
of leasing the Property; (2) any Tax by any authority for services or
maintenance provided to the Property, or any part thereof, including but not
limited to, fire protection, streets, sidewalks, and utilities;'(3) any Tax on
real estate or personal property levied with respect to the Property, or any
part thereof, and any fixtures and equipment and other property of Lessor or the
Property used in connection with the operation, maintenance or repair of the
Property; (4) any Tax imposed on this transaction, or based upon a reassessment
of the Property, or any part thereof, due to a change in ownership or transfer
of all or part of lessor's interest in the Property, or any part thereof and,
(5) any Tax replacing, substituting for, or in addition to
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any Tax previously included with this definition. Real Property Taxes do not
include: (a) Lessor's federal or state income, franchise; inheritance, or estate
taxes; or (b) Lessee's personal property taxes (taxes charged against Lessee's
trade fixtures, furnishings, equipment, or other personal property) which are
the sole responsibility of Lessee, and shall be billed directly to, and paid as
and when first due by Lessee.
2.2.3B "Utility and Service Costs" as used herein shall
include all Lessor incurred utility and service costs and expenses including but
not limited to costs related to water and plumbing, electricity, gas, lighting,
steam, sewer, waste disposal, and HVAC, and all costs related to plumbing,
mechanical, electrical, elevator, HVAC, and other systems.
2.2.3C "Insurance Premiums" as used herein shall include all
insurance premiums for all insurance policies maintained by Lessor from time to
time, including but not limited to insurance policies covering worker's
compensation, fire and other casualty, commercial general liability,
automobiles, and rental interruption, and any and all additional coverages, and
all endorsements and riders under or attached to such policies.
2.2.4 If the Operating Costs incurred by Lessor for any
"Expense Comparison Year" (defined as each calendar year after Lessee's Expense
Base Year) exceed those incurred in Lessee's Expense Base Year, then Lessee will
pay as Additional Rent an amount equal to the excess multiplied by Lessee's
Proportionate Share of the Property or Building, as designated from time to time
by Lessor. As provided herein, estimated payments of the excess shall be made
monthly on or before the first day of each calendar month each in the amount of
Lessor's then current estimate of the monthly amount of Lessee's Proportionate
Share of such excess and additional payments shall be made as outlined below. In
the event this Lease includes a partial Expense Comparison Year, Lessee's
Proportionate Share for such partial Expense Comparison Year will be prorated
based on the actual number of applicable days and months. All Operating Costs
will be adjusted, at the election of Lessor, to reflect 100% occupancy during
any calendar year in which the Property is not fully occupied. Lessee's Expense
Base Year shall be the calendar year 2003: Lessee's Proportionate Share shall be
6.1%.
2.2.5 Operating Cost payments shall be made as set forth
herein. All Operating Costs estimates and payments shall reflect credit for the
sum of Operating Costs of the Expense Base Year.
2.2.5A Lessee's Operating Costs estimates: On or about April
1st of each calendar year, Lessor will provide Lessee with a statement of: (1)
Lessee's annual share of estimated Operating Costs for the then current calendar
year; (2) Lessee's monthly Operating Cost estimate for the then current year;
and, (3) Lessee's retroactive estimate correction billing (for the period of
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January 1st through the date immediately prior to the commencement date of
Lessee's new monthly Operating Cost estimate) for the difference between
Lessee's new and previously billed monthly Operating Cost estimates for the then
current year.
2.2.5A(1) Annual estimated share: Lessee's annual share of
estimated Operating Costs for the then current calendar year
shall be determined by multiplying the amount by which Lessor's
estimated total Operating Costs for the then current calendar
year exceed the Operating Costs of the Expense Base Year, by
Lessee's Proportionate Share identified in Paragraph 2.2.4.
2.2.5A(2) Monthly Operating Cost estimate: Lessee's new
monthly Operating Cost estimate for the then current calendar
year shall be calculated by dividing Lessee's annual share of
estimated Operating Costs in excess of Operating Costs of the
Expense Base Year, as determined above, by 12.
2.2.5A(3) Retroactive estimate correction: Lessee's share of
the change in Operating Cost estimates retroactive to January 1st
of each year shall be determined as follows: For the then current
calendar year, the total of Lessee monthly Operating Cost
estimates billed prior to the commencement of Lessee's new
monthly Operating Cost estimate shall be subtracted from Lessee's
new monthly Operating Cost estimate multiplied by the number of
elapsed months within the same period.
2.2.5B Lessee's Proportionate Share of actual annual
Operating Costs: On or about April 1st of each year, Lessor will provide Lessee
with a statement reflecting the total Operating Costs for the calendar year just
ended. If the total of Lessee's Operating Cost estimates billed for the calendar
year just ended are less than Lessee's Proportionate Share of the actual
Operating Costs for the calendar year just ended, the statement will indicate
the payment amount and date due. If Lessee has paid more than its Proportionate
Share of Operating Costs for the preceding calendar year, Lessor will credit the
overpayment toward Lessee's future Operating Cost obligations. If Lessor fails
to provide Lessee with an Operating Cost statement by April 1st of any calendar
year, or elects not to xxxx Lessee its share of actual Operating Costs, and/or
Operating Costs estimate(s), or estimate increase(s) for any period of time,
Lessor's right to xxxx and collect these charges from Lessee at a later time is
..not waived.
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2.2.6 Under this Lease, monthly Operating Cost estimates,
retroactive estimate corrections, and Lessee's Proportionate Share of actual
annual Operating Costs are considered Additional Rent. Monthly Operating Cost
estimates are due on the 1st of each month and shall commence in the month
specified by Lessor. Lessee's retroactive estimate correction, and actual annual
Operating Cost charges, if any, shall be due, in full, on the date(s) specified
by Lessor.
2.2.7 Lessee will not be entitled to any reduction, refund,
offset, allowance or rebate should any Real Property Taxes be retroactively
reduced, credited, abated or exempted by any direct or indirect taxing authority
for any prior taxation or assessment period.
2.2.8 Lessee will pay as Additional Rent its Proportionate
Share (after giving effect to the Expense Base Year amount) of any duties,
levies or fees resulting from any statutes or regulations, or interpretations
thereof, now or hereafter enacted by any governing authority which pertains to
Lessor's or Lessee's use, ownership, occupancy or alteration of the Premises or
Property, or any part thereof. Lessee's Proportionate Share of such duties or
fees will be based on Lessee's Proportionate Share as indicated in Paragraph
2.2.4, or other equitable method determined by Lessor in its sole discretion. In
the event the Property, or any part thereof, shares common Operating Costs,
commonly used areas, land or other items not exclusive to the Property, Lessor
shall allocate and xxxx Lessee a portion of any costs and expenses attributable
to such sharing on a basis determined by Lessor.
2.2.9 Unless Lessor otherwise elects, Lessee shall pay each
Operating Cost in accordance with Lessee's Proportionate Share of the Property.
Lessor shall have the right to make allocations ("Allocations") to Lessee of
anyone or more Operating Costs on a different basis. Lessor shall have the right
to make any such Allocations in any manner which Lessor deems reasonable
(including use of estimates). For example, if Lessor deems it reasonable to do
so, Lessor shall have the right to elect at any time and from time to time (a)
to make any Allocation of one or more Operating Costs based upon Lessee's
Proportionate Share of the Building and to make other Allocations on Lessee's
Proportionate Share of the Property, (b) to make Allocations of certain
Operating Cost items among less than all lessees and/or other than based upon
the respective square footages of the lessees, (c) to make different locations
for different Operating Costs, and/or (d) to alter an Allocation or the method
of determining an Allocation from time to time. Lessor shall also have the right
to make Allocations of cost items in the Expense Base Year. In no event shall
Lessor be liable to Lessee based upon any incorrect or disputed Allocation nor
shall Lessee have any right to terminate this Lease by reason of any such
Allocation.
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2.2.10 In the event Lessee wishes to audit any Operating
Cost charge, such an audit shall be limited to an audit of the annual statement
delivered. under Paragraph 2.2.58 above. Such audit shall be performed only if,
at the time of the audit request and at all times thereafter to and during the
course of the audit, Lessee has paid in full all Operating Costs billed and is
not in default. Any audit shall be conducted at a time and location designated
by Lessor. Lessor and Lessee agree that any Lessee audit must be requested by
Lessee by written notice given within six (6) months of the date that Lessor
provides the applicable annual statement under Paragraph 2.2.58 above, and must
be completed by Lessee within thirty (30) days of its written notice requesting
the audit; if Lessee does not give such written notice within the period of time
allowed, or fails to complete the audit within the time allowed, Lessee's right
to audit is waived, and the Operating Costs, as billed, including all
calculations used as the basis for Lessor's charges (including any "Allocations"
and any applicable Expense Base Year or expense stop calculations), shall be
deemed conclusive and final for all purposes under this Lease. All calculations
by Lessor of Operating Costs for the Expense Base Year shall be conclusive and
final, and Lessee shall have no right to audit the same, except only Lessee may
audit the same as part of an audit of Operating Costs for the first Expense
Comparison Year. Any audit shall be conducted only by Lessee and the CPA then
used by Lessee for the preparation of its tax returns and financial statements;
no agent of Lessee employed in connection with the audit shall be employed on
any contingent payment basis. Lessee shall maintain as strictly confidential,
and shall cause its auditor to execute in favor of Lessor a confidentiality
agreement (in form prepared by Lessor) regarding, all financial information
audited, the results of any such audit, and the resolution of any disputed
issues arising in connection with such audit. Lessor shall not be bound by the
result of any such audit If the parties do not agree upon the inclusion or
amount of any Operating Cost charged by Lessor, the sale remedy of Lessee shall
be to conduct an audit within the time specified in this Lease and, if still in
disagreement with Lessor, to submit the matter to arbitration within thirty (30)
days after completion of the audit to request an adjustment to any disputed
Operating Cost item to cause the same to not exceed the amount that Lessor has
the right to collect hereunder for such item. In no event will this Lease be
terminable nor shall Lessor be liable for damages based upon any disagreement
regarding or adjustment of Operating Costs.
2.3. Late Charges. If any sum payable by Lessee to Lessor is not
received by Lessor within five (5) days after it becomes due, Lessee shall,
without the necessity of notification from Lessor, pay Lessor a late charge
equal to fifty dollars ($50.00) or ten percent (10%) of the then delinquent
amount, whichever is greater. The acceptance of late charges by Lessor will in
no way constitute a waiver of Lessee's default with respect to any overdue
amount nor prevent Lessor from exercising any of its rights or remedies
resulting from such late payment"
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6. Security Deposit. Lessor currently holds a Security Deposit under
the Lease in the amount of Four Thousand Eight Hundred Ninety-Nine and No/100
Dollars ($4,899.00). Lessee shall have no obligation to supplement such security
deposit.
7. Lessee Improvements. Lessee hereby accepts the Premises in its
"as-is" condition existing on the Renewal Date. Lessor shall have no obligation
to make any Lessee improvements to the Premises on behalf of Lessee during the
Renewal Term hereof.
8. Notices. The address of the Lessor provided on the first page of the
Original Lease is hereby deleted in its entirety and the following substituted
in lieu thereof:
"Lessor's Notice Address:
c/o PS Business Parks, Inc.
0000 Xxxxxxxx Xxxxx, Xxxxx 000
Xxxxxxxxx, Xxxxxxxx 00000
Attention: Xxxxxxx X. XxXxxx
With a copy to:
PS Business Parks, Inc.
0 Xxxxx Xxxxxxx Xxxxxx, Xxxxx 000
Xxxxxxxxx, Xxxxxxxx 00000
Attention: Xxxxxxx X. XxXxxx"
9. Real Estate Investment Trust. The Lease is hereby amended by adding
the following new Sections 17.16 and 17.17:
"17.16: Real Estate Investment Trust
If Lessor is a real estate investment trust, and if Lessor in
good faith determines that its status as a real estate investment trust
under the applicable provisions of the Internal Revenue Code of 1986,
as heretofore or hereafter amended, will be jeopardized because of any
provision of this Lease, Lessor may require reasonable amendments to
this Lease and Lessee shall not unreasonably withhold or delay its
consent thereto, provided that such modifications do not in any way,
(i) increase the obligations of Lessee under this Lease or (ii)
adversely affect any rights or benefits to Lessee under this Lease.
Lessor shall pay all reasonable costs incurred by Lessee, including
without limitation, legal fees incurred - for reviewing any such
proposed modifications.
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17.17: Related Party Representation
Lessee represents that, to its knowledge, no person or entity who
is a significant indirect owner of Lessor, owns actually or
constructively a 10% or more interest in Lessee. Lessee will promptly
notify Lessor if it learns that any such ownership interest exists.
Significant owners of Lessor at this time include Public Storage, Inc.
and New York Common Retirement Fund."
10. Option to Renew. Subject to the provisions of Paragraph 12 of
this Fourth Amendment, and provided that Lessee is not in default at the time of
Lessee's exercise of the Option (as defined in Paragraph 12 herein) or at the
commencement of the applicable Option term, Lessee shall have two (2) one (1)
year Options to renew this Lease upon such terms and conditions then in effect
for comparable space in the Project as of the commencement of the applicable
Option term, except that the Base Rent payable during each month of the
applicable Option term shall be an amount equal to one hundred three percent
(103%) of the Base Rent payable during the last month of the applicable expiring
Lease Term. All other terms and conditions of the Lease shall remain the same.
All such terms, conditions and rental provisions shall, upon the exercise of the
Option, be evidenced upon the form of lease then in effect for the Project.
Lessee shall provide to Lessor on a date which is prior to the date that the
Option period would commence (if exercised) by at least one hundred eighty (180)
days, a written notice of the exercise of the Option to renew the Lease for the
applicable additional Option term, time being of the essence. Such notice shall
be given in accordance with Section 16 of the Lease. If notification of the
exercise of this Option is not so given and received, all options granted
hereunder shall automatically expire.
11. Right of First Offer. Provided that Lessee is not in default
under the Lease at the time it exercises this Option or at the commencement of
the lease term with respect to the Option Space, and subject to the provisions
of Paragraph 12 of this Fourth Amendment, including but not limited to, Lessor's
right to first offer and lease any such space to any tenant who is then
occupying or leasing such space at the time the space becomes available for
leasing, and subject to all other options held by tenants of the Project as of
the date hereof, Lessee shall have the right of first offer with respect to any
space that becomes available in the Building which is contiguous with the
Premises (the "Option Space"). Prior to leasing any of the Option Space, Lessor
shall give Lessee written notice of its intent to lease the Option Space and the
material terms and conditions under which Lessor would agree to lease the Option
Space to Lessee, including, without limitation, rent, lease term, escalations,
tenant allowance, concessions and security, if applicable. The lease term with
respect to the Option Space shall not be for a period of less than three (3)
years, and, in the event Lessee elects to lease the Option Space, as a condition
of the effectiveness of such
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election, this Lease shall be amended to extend the Term of the Lease with
respect to the Premises to be coterminous with the lease term with respect to
the Option Space.; Lessee may exercise such right only as to all of the Option
Space described in the Lessor's notice and on all of the terms set forth in
Lessor's notice, and not to merely a part of such Option Space or some of such
terms. Lessee shall have five (5) business days in which to provide Lessor with
written notice of its election to exercise such right. Such notice shall be
given in accordance with Section 16 of the Lease, time being of the essence. If
Lessee does not give Lessor written notice of its election to lease such Option
Space on such terms within the five (5) business day period, Lessor shall
thereafter be free to lease such Option Space to a third party on any terms and
conditions that Lessor shall select, with no further obligation to Lessee. In
the event that Lessor offers any space to Lessee pursuant to this right of
first offer, and Lessee elects not to lease the space, the space so offered
shall no longer be subject to this right of first offer, and thereafter Lessor
shall not be obligated to offer said space to Lessee. In the event Lessee
exercise its right to lease the Option Space in accordance with the provisions
hereof, the parties hereto agree to promptly execute an amendment to this Lease
incorporating the terms set forth in Lessor's notice and such other terms as
are acceptable to Lessor.
12. Options Personal. The options granted to Lessee in Paragraphs 10
and 11 hereinabove (collectively, the "Options", each an "Option") are'
personal to the original Lessee named in this Fourth Amendment and any
Permitted Transferee, as hereinafter defined, and may be exercised only by the
original Lessee or Permitted Transferee while occupying the entire Premises and
may not be exercised or be assigned, voluntarily or involuntarily, by or to any
person or entity other than Lessee. The Options granted to Lessee are not
assignable separate and apart from the Lease, nor may any Option be separated
from the Lease in any manner, either by reservation or otherwise. If at any
time an Option is exercisable by Lessee, the Lease has been assigned, or a
sublease exists as to any portion of the Premises other than to a Permitted
Transferee, the Option shall be deemed null and void and neither Lessee nor any
assignee or subtenant shall have the right to exercise the Option. For purposes
herein, a Permitted Transferee shall mean a sublease or assignment to (a) an
entity resulting from a merger or consolidation with Lessee, (b) any
corporation succeeding to substantially all of the business and assets of
Lessee, or (c) any entity that controls, is controlled by or is under common
control with Lessee.
13. Brokers. Lessee represents and warrants to Lessor that Lessee has
not had any dealings or entered into any agreements with any person, entity,
realtor, broker, agent or finder in connection with the negotiation of this
Fourth Amendment other than Transwestern Commercial Services (the "Broker").
Lessor shall pay a commission to the Broker in accordance with the terms of a
separate agreement between Lessor and the
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Broker. Lessee shall indemnify and hold harmless Lessor from and against any
loss, claim, damage, expense (including costs of suit and reasonable attorneys'
fees) or `liability for any compensation, commission or charges claimed by any
other realtor, broker, agent or finder claiming to have dealt with Lessee in
connection with this Fourth Amendment.
14. Reaffirmation of Terms. Except as expressly modified hereby, all
of the terms, covenants and provisions of the Lease are hereby confirmed and
ratified and shall remain unchanged and in full force and effect.
15. Representations. Lessee hereby represents and warrants to Lessor
that Lessee (i) is not in default of any of its obligations under the Lease and
that such Lease is valid, binding and enforceable in accordance with its terms,
(ij) has full power and authority to execute and perform this Fourth Amendment,
and (iii) has taken all action necessary to authorize the execution and
performance of this Fourth Amendment.
16. Counterpart Copies. This Fourth Amendment may be executed in two
or more counterpart copies, each of which shall be deemed to be an original and
all of which counterparts shall have the same force and effect as if the parties
hereto had executed a single copy of this Fourth Amendment.
[SIGNATURES APPEAR ON NEXT PAGE]
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IN WITNESS WHEREOF, Lessor and Lessee have executed this Fourth
Amendment as of the day and year first above written.
LESSOR: LESSEE:
METRO PARK I, LLC, GOVCONNECTION, INC.,
a Delaware limited liability a Maryland corporation
company
By: PS Business Parks, LP.,
a California limited partnership, its
sole member
By: PS Business Parks, Inc., a By: /s/ Xxxxx Xxxxxxx
--------------------------------
California corporation, its Name: Xxxxx Xxxxxxx
general partner
Title: Sr. Director of Sales
By: /s/ Xxxxxxx X. XxXxxx
Xxxxxxx X XxXxxx
Vice President
Date: 11/26/02
AMENDMENT EXECUTION DATE
Lessor Fed. ID #:
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