SEVENTH AMENDMENT TO LEASE
THIS SEVENTH AMENDMENT TO LEASE (this "Seventh Amendment") is made by and
between CHEVRON U.S.A. INC., a Pennsylvania corporation ("Landlord") and TEXAS
MICRO INC., a Delaware corporation ("Tenant"), effective the 12th day of
November, 1997.
WITNESSETH:
WHEREAS, Landlord and Tenant did enter into that certain lease (the
"Lease") dated December 11, 1992, and as amended effective February 24, 1993,
and October 28, 1993, and July 10, 1995, and July 31, 1995, and October 17, 1995
and April 28, 1997 for certain leased space situated in the Building known as
0000 Xxxxxxxxx Xxxxx, Xxxxxxx, Xxxxx; and
WHEREAS, Landlord and Tenant again desire to amend the Lease as set forth
herein;
NOW THEREFORE, Landlord and Tenant in consideration of the premises and the
mutual benefits to be derived therefrom, do hereby covenant, stipulate and
agree, each with the other, to the following terms, covenants, conditions and
obligations as an amendment to the Lease:
1. All terms, covenants, obligations and conditions in this Amendment
which conflict with a like provision in the Lease shall be controlling
over and supersede any like provision in the Lease.
2. All terms, covenants, obligations and conditions in the Lease not
superseded and/or amended by any provision in this Amendment shall
remain in full force and effect. All defined terms in the Lease shall
have the same definition in this Amendment.
3. Effective November 12, 1997, Article 1, Section 1.01 of the Lease is
amended to include within the Premises approximately 8,349 square feet
of Net Rentable Area located in the Basement of the Building (the
"Additional Basement Space") as shown on Exhibit A attached hereto and
incorporated herein.
4. The Base Rent is $4.00 per square foot of Net Rentable Area per annum
through November 30, 1998 for the Additional Basement Space. Effective
December 1, 1998 the Base Rent will increase to $4.50 per square foot
of Net Rentable Area per annum.
5. Tenant will take the Additional Basement Space on an "AS IS" basis,
agreeing that it is to be used for storage purposes only, and that no
air-conditioning is to be provided to such Additional Basement Space.
Landlord reserves the right to substitute for the Additional Basement
Space an equally sized area of space in the Building (+/- 20%),
effective thirty (30) days from Landlord's written notice thereof to
Tenant. Any reasonable costs associated with the movement of
furniture, equipment or other material then in storage due to such
relocation shall be borne by
Landlord, but in no event will Landlord bear responsibility for said
relocation costs in excess of $2,000.00.
6. Effective December 1, 1998, Tenant may cancel this Seventh Amendment,
upon advance written notice delivered to Landlord no later than
September 30, 1998.
Made as of the date first written above.
LANDLORD TENANT
CHEVRON U.S.A. INC. TEXAS MICRO-SYSTEMS, INC.
By XXXX XXXXXXX By XXXXXXX XXXXXXX
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Its Lease Manager Its CEO
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EXHIBIT A
[Map of Lower Level of Facility]
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