Exhibit 10.36
SECOND AMENDMENT TO OFFICE LEASE
THIS SECOND AMENDMENT TO OFFICE LEASE (this "AMENDMENT") is entered
into between CRESCENT REAL ESTATE EQUITIES LIMITED PARTNERSHIP, a Delaware
limited partnership ("LANDLORD"), and GREAT SPIRITS COMPANY L.L.C., a Delaware
limited liability company ("TENANT"), with reference to the following:
A. Landlord and Tenant entered into that certain Office Lease dated
effective as of February 24, 2000; and that certain First Amendment to Office
Lease dated March 14, 2001 (as amended, the "LEASE") covering approximately
1,016 square feet of rentable area on the eleventh (11th ) floor (the
"PREMISES") of 0 Xxxxxxx Xxxxxx, Xxxxxxx, Xxxxx (the "BUILDING").
B. Landlord and Tenant now desire to further amend the Lease as set
forth below. Unless otherwise expressly provided in this Amendment, capitalized
terms used in this Amendment shall have the same meanings as in the Lease.
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of
which are acknowledged, the parties agree as follows:
1. SECOND EXTENSION PERIOD. The Term of the Lease is extended for
a period of one (1) year (the "SECOND EXTENSION PERIOD"), commencing on April 1,
2002, and expiring on March 31, 2003.
2. BASE RENT. Commencing on April 1, 2002, and continuing through
the Second Extension Period, Tenant shall, at the time and place and in the
manner provided in the Lease, pay to Landlord as Base Rent for the Premises the
amounts set forth in the following rent schedule, plus any applicable tax
thereon:
PREMISES
ANNUAL
RATE
PER
SQUARE MONTHLY
FROM THROUGH FOOT BASE RENT
------------- -------------- ------ ---------
April 1, 2002 March 31, 2003 $17.30 $1,464.73
3. OPERATING EXPENSES. Commencing on April 1, 2002, and
continuing through the Second Extension Period, Tenant shall continue to pay
Tenant's Pro Rata Share of Operating Expenses payable under Article 4 of the
Lease. Tenant shall not be entitled to any free rent period, construction
allowance, tenant improvements or other work to the Premises, or any other
economic incentives that may have been provided to Tenant in connection with
entering into the Lease.
4. CONDITION OF PREMISES. Tenant accepts the Premises in its
"as-is" condition.
5. NO BROKER. Tenant represents and warrants that it has not been
represented by any broker or agent in connection with the execution of this
Amendment. Tenant shall indemnify and hold harmless Landlord and its designated
property management,
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construction and marketing firms, and their respective partners, members,
affiliates and subsidiaries, and all of their respective officers, directors,
shareholders, employees, servants, partners, members, representatives, insurers
and agents from and against all claims (including costs of defense and
investigation) of any broker or agent or similar party claiming by, through or
under Tenant in connection with this Amendment.
6. TIME OF THE ESSENCE. Time is of the essence with respect to
Tenant's execution and delivery to Landlord of this Amendment. If Tenant fails
to execute and deliver a signed copy of this Amendment to Landlord by 5:00 p.m.
(in the city in which the Premises is located) on January 25, 2002, this
Amendment shall be deemed null and void and shall have no force or effect,
unless otherwise agreed in writing by Landlord. Landlord's acceptance, execution
and return of this Amendment shall constitute Landlord's agreement to waive
Tenant's failure to meet such deadline.
7. MISCELLANEOUS. This Amendment shall become effective only upon
full execution and delivery of this Amendment by Landlord and Tenant. This
Amendment contains the parties' entire agreement regarding the subject matter
covered by this Amendment, and supersedes all prior correspondence,
negotiations, and agreements, if any, whether oral or written, between the
parties concerning such subject matter. There are no contemporaneous oral
agreements, and there are no representations or warranties between the parties
not contained in this Amendment. Except as modified by this Amendment, the terms
and provisions of the Lease shall remain in full force and effect, and the
Lease, as modified by this Amendment, shall be binding upon and shall inure to
the benefit of the parties hereto, their successors and permitted assigns.
LANDLORD AND TENANT enter into this Amendment on January 30, 2002.
LANDLORD: CRESCENT REAL ESTATE EQUITIES LIMITED
PARTNERSHIP, a Delaware limited
partnership
By: Crescent Real Estate Equities, Ltd.
a Delaware corporation, its General
Partner
By: /s/ Xxxxxx X. Xxxxxx, Xx.
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Xxxxxx X. Xxxxxx, Xx.
Vice President Leasing &
Marketing
TENANT: GREAT SPIRITS COMPANY L.L.C.,
a Delaware limited liability company
By: /s/ Xxxx Xxxxxxx
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Name: Xxxx Xxxxxxx
Title: President
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