FIRST AMENDMENT TO AMENDED AND RESTATED INDUSTRIAL REAL PROPERTY LEASE
Exhibit 10.15
FIRST AMENDMENT TO AMENDED AND RESTATED
INDUSTRIAL REAL PROPERTY LEASE
INDUSTRIAL REAL PROPERTY LEASE
THIS
AMENDMENT, made as of January 20, 1989, between NATIONAL WAREHOUSE INVESTMENT COMPANY, a California
limited partnership
(“Landlord”), whose address is Four Xxxxxxxxxxx Xxxxxx, Xxxxx 0000, Xxx Xxxxxxxxx, Xxxxxxxxxx
00000, and THERMAL DYNAMICS CORPORATION, a Delaware corporation (“Tenant”), whose address
is 000 Xxxxx Xxxxxx, Xx. Xxxxx, Xxxxxxxx 00000,
WITNESSETH:
Whereas the parties hereto entered into that Amended and Restated Industrial
Real Property Lease (the “Lease”) dated as of August 11, 1988 which is evidenced by the Memorandum
of Lease dated June 6, 1988 and recorded in the Official Records of Grafton County, New Hampshire
at Book 1743, Page 486;
Whereas the parties hereto wish to amend the Preamble to the Lease to reflect
Landlord’s change of address;
Whereas the parties hereto wish to correct the definition of CPI Adjustment Date,
included in the Lease; and
Whereas the parties hereto wish to amend Exhibit B to the Lease in order to set forth the
amount of Base Monthly Rent due from Tenant under the Lease with greater clarity;
Now, Therefore, in consideration of the mutual covenants set forth herein, the parties
hereto agree as follows:
1. The first paragraph of the Lease is hereby amended to read in its entirety as follows:
“THIS AMENDED AND RESTATED LEASE, made as of August 11, 1988 between NATIONAL
WAREHOUSE INVESTMENT COMPANY, a California limited partnership (‘Landlord’), whose
address is Four Xxxxxxxxxxx Xxxxxx, Xxxxx 0000, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 and
THERMAL DYNAMICS CORPORATION, a Delaware corporation (‘Tenant’) whose address is
000 Xxxxx Xxxxxx, Xx. Xxxxx, Xxxxxxxx 00000,”
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2. Paragraph 1.1(c) of the Lease is hereby amended to read in its
entirety as follows:
“CPI
Adjustment Date. The term ‘CPI Adjustment Date
shall mean the date 121 months after the first day of the first
full calendar month following the Commencement Date and the first
day of each Extension Period.”
3. Exhibit B to the Lease is hereby amended to read in its entirety as
follows:
“Exhibit B
Base Monthly Rent
Base Monthly Rent
Time Period | Monthly Rent Amount | |
Months 1–30 |
$57,000.00 | |
Months 31–60 |
$65,312.50 | |
Months 61–120 |
$73,625.00 | |
Months 121–180 |
To be determined in accordance with Paragraph 16.11 hereof” |
4. Each capitalized term used herein and not otherwise defined
shall have the meaning set forth in the Lease.
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5. Except as amended hereby the Lease remains unamended and as amended
hereby the Lease remains in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the
date and year first hereinabove set forth.
LANDLORD | ||||||
NATIONAL WAREHOUSE INVESTMENT COMPANY, a California limited partnership | ||||||
By | XXXXXX/XXXXXXX INVESTMENT CORPORATION, a Hawaii corporation, its general partner | |||||
By | /s/ [ILLEGIBLE]
|
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TENANT | ||||||
THERMAL DYNAMICS CORPORATION, a Delaware Corporation |
||||||
By | /s/ [ILLEGIBLE]
|
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