FIRST AMENDMENT TO INDUSTRIAL LEASE AGREEMENT
Exhibit
10 (d)
FIRST
AMENDMENT TO
THIS
FIRST AMENDMENT TO INDUSTRIAL LEASE AGREEMENT(The First Amendment) is
made this _____ day of June, 2007, by and between LIBERTY
PROPERTY/SYNTERRA LIMITED PARTNERSHIP, a Pennsylvania limited
partnership (“Landlord”) and TASTY BAKING
COMPANY, a Pennsylvania corporation
(“Tenant”).
W
I T N E
S S E T H:
WHEREAS,
Landlord and Tenant entered into an Industrial Lease Agreement dated May 8,
2007
(the “Lease”) for an approximately 25 acre lot located within
the Navy Yard, Philadelphia, Pennsylvania as more particularly described in
the
Lease (the “Premises”);
WHEREAS,
under the terms of Paragraph 30(d) (Lease Contingencies), Landlord may terminate
the Lease if, on or before the date that is thirty (30) days after May 8, 2007
(i.e. June 7, 2007), Landlord (or Landlord’s Affiliate) and Tenant have not
entered into a lease (the “Office Lease”) for approximately
35,000 square feet of office space in an office building to be constructed
by an
Affiliate of Landlord in the Navy Yard and commonly known as Three Crescent
Drive (the “Office Lease Contingency”);
WHEREAS,
Landlord and Tenant wish to extend the Office Lease Contingency for the Office
Lease until June 15, 2007.
NOW,
THEREFORE, intending to be legally
bound, Landlord and Tenant hereby agree the Office Lease Contingency has been
extended to June 15, 2007. All other terms of the Lease are in full
force and effect.
This
First Amendment may be executed by
the parties hereto and any number of separate counterparts, all of which, when
delivered, shall together constitute one and the same agreement.
This
First Amendment may be executed by
facsimile signature which shall, for all purposes, serve as an original executed
counterpart of the First Amendment upon delivery of an executed copy here by
facsimile.
IN
WITNESS
WHEREOF, Landlord and Tenant have executed this First Amendment as of the day
and year first above written.
Landlord:
LIBERTY
PROPERTY/SYNTERRA
LIMITED
PARTNERSHIP
By: Liberty
Property Philadelphia Navy Yard
Limited
Partnership, its General Partner
By: Liberty
Property Philadelphia Navy
Yard
Corporation, its General Partner
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By:
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Xxxx
X. Xxxxxxx
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Senior
Vice President
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Tenant: | ||||
TASTY BAKING COMPANY | ||||
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By:
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Name: Xxxxx Xxxxxxxxxx | ||||
Title: | ||||
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