EXHIBIT 10.40
AMENDMENT TO LEASE
THIS AMENDMENT TO LEASE is entered into this 18th day of February,
2003, by and between REHCO, L.L.C., an Oklahoma limited liability company
("Landlord") and XXXXXX-H, INC., a Delaware corporation ("Tenant").
WHEREAS, Landlord and Tenant executed that certain Lease Agreement
dated December 13, 2002 (the "Lease"), whereby Landlord leased to Tenant that
improved real property located in Oklahoma County, Oklahoma, more fully
described on Exhibit "A" attached to and incorporated in the Lease (the "Land");
and
WHEREAS, the Landlord has completed certain improvements on the
Premises. Landlord and Tenant desire to amend the Base Rent based on the value
of the improvements; and
NOW, THEREFORE, in consideration of the premises and the mutual
covenants between the parties, Landlord and Tenant hereby agree and amend the
Lease as follows:
1. TERM OF LEASE. Article 2 of the Lease is hereby amended and
restated as follows:
"Article 2 Term of Lease. Unless sooner terminated as herein
provided, this Lease shall continue in effect for a term
("TERM") commencing on the Commencement Date and ending at
11:59 p.m., Oklahoma City, Oklahoma time, on the first date to
occur of December 31, 2027 or the Early Termination Date. The
EARLY TERMINATION DATE shall be December 31, 2017 or December
31, 2022; whichever of such dates (each of which dates is
herein referred to as a "POSSIBLE EARLY TERMINATION DATE") is
designated by Tenant, in its sole discretion, in a written
notice delivered to Landlord no less than six months prior to
the Early Termination Date."
2. BASE RENT. The first sentence of Section 3.1 of the Lease is
hereby amended and restated as follows:
"Section 3.1 Base Rent. Subject to the terms and provisions
contained in this Section 3.1, Tenant shall pay Landlord
monthly Base Rent of Forty Four Thousand Three Hundred Seventy
Six and No/100 Dollars ($44,376.00), in advance on or before
the first day of each calendar month during the Term, subject
to adjustment as hereafter provided."
3. COMMENCEMENT DATE. Section 3.1(b) of the Lease is hereby amended
and restated as follows:
"3.1(b) As used herein, "COMMENCEMENT DATE" means the date
hereof and the term "LEASE YEAR" means the 12-month period
commencing on February 18, 2003 and each subsequent 12-month
period during the Term."
4. EFFECT OF THIS AMENDMENT. Each defined term used but not otherwise
defined in this Amendment shall have the meaning assigned to it in
the Lease. In the event of any
conflict between this Amendment and the Lease, this Amendment
shall control. As amended hereby, the Lease is ratified and
confirmed and shall remain in full force and effect in accordance
with its terms.
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This signature page is attached to that certain Amendment to Lease as
of the date and year first above written.
"LANDLORD"
REHCO, L.L.C., an Oklahoma limited
liability company
By: /s/ XXXXXX X. XXXXXX XX
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Xxxxxx X. Xxxxxx XX, Manager
"TENANT"
XXXXXX-H, INC., a Delaware corporation
By: /s/ XXXXX X. XXXXXXXX
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Xxxxx X. Xxxxxxxx, Vice President
