FIRST AMENDMENT TO SUB-LEASE AGREEMENT
Exhibit 10.31.5
FIRST AMENDMENT TO SUB-LEASE AGREEMENT
THIS FIRST AMENDMENT TO SUB-LEASE AGREEMENT made this 28th day of October, 2009 between:
HELLER, ALPER, ROBERTS, XXXX – EDISON, a New Jersey general partnership, having an office at 000 Xxxx Xxxx, Xxxxxx, Xxx Xxxxxx 00000, hereinafter referred to
“LANDLORD”
and
JOSHEN PAPER & PACKAGING CO. , an Ohio corporation, having an office at 0000 Xxxxx Xxxxxx, Xxxxxxxx Xxxxxxx, Xxxx 00000, hereinafter referred to as:
“SUB-LANDLORD”
and
PHARMEDIUM SERVICES, LLC, having an office at Two Xxxxxx Park, 000 Xxxxxxxxxx Xxxxx, Xxxxx 000, Xxxx Xxxxxx, Xxxxxxxx 00000, hereinafter referred to as:
“SUB-TENANT”
W I T N E S S E T H:
WHEREAS, the parties hereto entered into a certain Agreement of Sub-Lease dated June 24, 2009 (“Sub-Lease”) leasing a Sub-Leased Premises which currently consists of a 13,865 square foot building, and additional land, located in the Township of Edison, County of Middlesex, State of New Jersey, said Sub-Leased Premises more particularly shown, identified and described in said Sub-Lease; and
WHEREAS, Sub-Tenant wishes to Sub-Lease an additional 735 square feet of space from Sub-Landlord under the terms and conditions of this First Amendment to Sub-Lease.
NOW THEREFORE, in consideration of the terms and conditions contained herein together with other good and valuable consideration, the parties hereto agree as follows:
1. As of November 1, 2009, Exhibit A of the Sub-Lease is hereby deleted in its entirety and replaced with the Revised Exhibit A attached hereto and made a part hereof. Wherever the words Exhibit A appear in the Sub-Lease they shall be deemed to mean Revised Exhibit A. The Sub-Leased Premises is shown outlined in yellow on Revised Exhibit A.
2. Effective November 1, 2009, the opening paragraph and Paragraph 4 of the Sub-Lease are hereby amended by deleting the number “13,865” and replacing same with the number “14,600”. Paragraph 4 of the Sub-Lease is hereby further amended by deleting the number “11,135” and replacing same with the number “10,400”.
3. Notwithstanding anything in the Sub-Lease to the contrary, effective November 1, 2009, rent for the Sub-Leased Premises as set forth in Paragraph 5 shall be increased from $9,243.33 to $9,953.83 which amount includes Sub-Tenant’s payment of $220.50 per month to cover all utility costs for the 735 square feet of additional Sub-Leased space.
4. Effective November 1, 2009, Paragraph 5 of the Sub-Lease is hereby further amended by deleting the number “$110,919.96” and replacing same with the number “$119,446.00”.
5. Effective November 1, 2009, Paragraph 14 of the Sub-Lease is hereby amended by deleting the number “11,135” and replacing same with the number “10,400”.
6. Except as modified herein, all of the terms and conditions of said Sub-Lease, as amended, shall remain in full force and effect throughout the Term of this Sub-Lease and any extensions thereof.
7. Submission of this First Amendment to Sub-Lease Agreement for examination or signature of Sub-Landlord and Sub-Tenant does not constitute an offer, or option under the Sub-Lease; and this First Amendment to Sub-Lease Agreement will not be effective or binding upon the parties until execution and delivery by Landlord, Sub-Landlord, and Sub-Tenant.
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IN WITNESS WHEREOF, the parties hereunto set their hands and seals or caused these premises to be duly executed by their proper corporate officers the day and year first written above.
| ATTEST: | XXXXXX, ALPER, ROBERTS, XXXX – EDISON, LANDLORD By: XXXXXX INDUSTRIAL PARKS, INC., Manager | |||
| /s/ Xxxxxx X. Xxxxxxx |
by: | /s/ Xxxxxxx X. Xxxxxxxx | ||
| Xxxxxx X. Xxxxxxx, Secretary | Xxxxxxx X. Xxxxxxxx, President | |||
| ATTEST: | JOSHEN PAPER & PACKAGING CO., SUB-LANDLORD | |||
| /s/ Xxxxxx X. Xxxxxxx |
by: | /s/ Xxx Xxxxxxxxxx | ||
| Xxxxxx X. Xxxxxxx, Assistant | Xxx Xxxxxxxxxx, V.P. & Gen. Mgr. | |||
| ATTEST: | PHARMEDIUM SERVICES, LLC, SUB-TENANT | |||
| /s/ Xxxxxxx X. Xxxxxx, |
by: | /s/ Xxxxx X. Xxxxx | ||
| Xxxxxxx X. Xxxxxx, Paralegal | Xxxxx X. Xxxxx, CEO | |||
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