FIRST AMENDMENT
TO
LEASE AGREEMENT
This First Amendment ("Amendment") dated as of the 1st day of June, 1998
by and between BFS REALTY, LLC, a New York limited liability company, having an
office at 00 Xxxxxx Xxxx Xxxxx, Xxxx Xxxxxxxxxx, Xxx Xxxx 00000 ("Landlord") and
NATIONAL MEDICAL HEALTH CARD SYSTEMS, INC., a New York corporation having an
office at 00 Xxxxxx Xxxx Xxxxx, Xxxx Xxxxxxxxxx, Xxx Xxxx 00000 ("Tenant").
WITNESSETH:
WHEREAS, on January 1, 1996 Tenant entered into a Lease agreement with
Sandata, Inc. ("Sandata") (the "Lease") for premises consisting of approximately
5,725 square feet of area in the building commonly known as 00 Xxxxxx Xxxx
Xxxxx, Xxxx Xxxxxxxxxx, New York (the "Building"), which Lease was assigned by
Sandata on November 1, 1996 to Landlord;
WHEREAS, both Landlord and Tenant are desirous to amend certain
provisions of the Lease.
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, the parties agree as follows:
1. Both Landlord and Tenant are desirous to increase the size of
the area currently being leased by Tenant by 1,500 square feet to 7,225 square
feet effective as of the date hereof.
2. Tenant agrees to pay Landlord an increase in rent in
accordance with the amended Schedule of Rent attached hereto and made part of
this First Amendment for the duration of the term of this Lease.
All other terms of the Lease shall remain in full force and effect as
previously written.
IN WITNESS WHEREOF, Landlord and Tenant have executed this First
Amendment the day and year first above written.
LANDLORD
BFS REALTY, LLC
By: Xxxx X. Xxxxxxx
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name: Xxxx X. Xxxxxxx
title: Member
TENANT
NATIONAL MEDICAL HEALTH CARD
SYSTEMS, INC.
By: Xxxxx Xxxxxxx
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name: Xxxxx Xxxxxxx
title: President
SCHEDULE ATTACHED HERETO AND MADE PART HEREOF
LEASE OF DEMISED PREMISES IN BUILDING LOCATED
AT 00 XXXXXX XXXX XXXXX, XXXX XXXXXXXXXX, XX,
DATED JANUARY 1, 1996, BETWEEN
SANDATA, INC. AND ASSIGNED TO BFS REALTY, LLC, AS LANDLORD AND
NATIONAL MEDICAL HEALTH CARD SYSTEMS, INC. AS TENANT.
SCHEDULE OF RENT
January 1, 1996 through
December 31, 1996 $145,860.00 per annum
$12,155.00 per month
January 1, 1997 through
December 31, 1997 $167,460.00 per annum
$13,955.00 per month
January 1, 1998 through
December 31, 1998 $202,083.00 per annum
$16,840.25 per month
January 1, 1999 through
December 31, 1999 $230,937.15 per annum
$19,244.76 per month
January 1, 2000 through
December 31, 2000 $242,484.01 per annum
$20,207.00 per month
State of New York, County of ss:
On the day of 19 , before me personally came
, to me known, who, being by me
duly sworn, did depose and say that he resides at ; that he is of , the
corporation described in and which executed the within instrument; that he knows
the seal of said corporation; that the seal affixed to said instrument is such
corporate seal; that it was so affixed by order of the Board of Directors of
said corporation, and that he signed his name thereto by like order.
State of New York, County of ss:
On the day of 19 , before me personally came
, to me known, who, being by me
duly sworn, did depose and say that he resides at ; that he is of , the
corporation described in and which executed the within instrument; that he knows
the seal of said corporation; that the seal affixed to said instrument is such
corporate seal; that it was so affixed by order of the Board of Directors of
said corporation, and that he signed his name thereto by like order.
State of New York, County of ss:
On the day of 19 , before me personally came
to me known and known to me to be
the individual described in and who executed the foregoing instrument, and duly
acknowledged that he executed the same.
State of New York, County of ss:
On the day of 19 , before me personally came
, subscribing witness to the foregoing instrument, with
whom I am personally acquainted, who, being by me duly sworn, did depose and
say, that he resided, at the time of the execution of said instrument, and still
resides in that he is and then was acquainted with , and knew to be the
individual described in and who executed the foregoing instrument; and that he,
said subscribing witness, was present and saw execute the same; and that he,
said witness, thereupon at the same time subscribed his name as witness thereto.
BUILDING........................................................................
Premises........................................................................
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Landlord
to
Tenant
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LEASE
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GUARANTY
In consideration of the letting of the premises within mentioned to the
Tenant within named, and of the sum of One Dollar, to the undersigned in hand
paid by the Landlord within named, the undersigned hereby guarantees to the
Landlord and to the heirs, successors and/or assigns of the Landlord, the
payment by the Tenant of the rent, within provided for, and the performance by
the Tenant of all of the provisions of the within lease. Notice of all defaults
is waived, and consent is hereby given to all extensions of time that any
Landlord may grant.
Dated, 19
....................................L.S.
STATE OF COUNTY OF ss:
On this day of , 19 , before me personally appeared
to me known and known to me to be the individual described in and who executed
the foregoing instrument, and duly acknowledge to me that he executed the same.
