Exhibit 10.16(c)
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SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE is dated as of August 31, 2000 between
THE BREWERY WORKS, INC. ("Landlord") and METAVANTE CORPORATION, a Wisconsin
corporation (formerly known as M&I DATA SERVICES, a division of Xxxxxxxx &
Xxxxxx Corporation) ("Metavante").
RECITALS
A. Landlord and M&I Data Services, a division of Xxxxxxxx & Ilsley
Corporation ("MIDS"), entered into an Office Lease dated as of March 9, 2000
(the "Lease") for approximately 50,547 square feet of space in a building known
as the 0000 XxxxxXxxxxx Xxxxx Building in the Schlitz Park Complex in Milwaukee,
Wisconsin.
B. Landlord and MIDS entered into a First Amendment to Lease dated as
of March 28, 2000. As defined herein, the Lease includes such First Amendment
to Lease.
C. Effective July 1, 2000, all of the assets and liabilities of MIDS,
including the interest of MIDS in the Lease, were transferred to Metavante, a
wholly-owned subsidiary of Xxxxxxxx & Xxxxxx Corporation.
D. Landlord and Metavante now desire to acknowledge the transfer of
the Lease to Metavante and to further amend the Lease in accordance with the
terms hereof.
AGREEMENTS
Now therefore, in consideration of the Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Landlord hereby consents to the transfer of the interest of MIDS
in the Lease to Metavante and Metavante hereby assumes all of the obligations of
MIDS and all of the obligations imposed upon the tenant under the Lease. All
references to MIDS and to the tenant under the Lease shall hereafter apply to
Metavante.
2. The second and third sentences of the first paragraph of Section
41A of the Lease are hereby deleted and restated in their entirety as follows:
If Tenant so elects to lease the Adjacent Space, Tenant shall
provide written notice to Landlord of such election on or before
the applicable date set forth in the second paragraph of this
Section 41A and shall specify in such notice the tenant
improvements for the Adjacent Space desired by Tenant. Subject
to the limits of the tenant improvement allowance provided herein,
the Landlord shall deliver the Premises in the condition requested
by Tenant on January 1, 2001.
3. The second paragraph of Section 41A is hereby deleted and restated
in its entirety as follows:
If Tenant exercises its option to lease the Adjacent Space on or
before August 31, 2000, then the option granted to Tenant for the
Adjacent Space shall be provided to Tenant for no additional
consideration. If Tenant does not exercise such option on or
before August 31, 2000, then Tenant may extend its right to
exercise the option for the Adjacent Space from August 31, 2000
through September 30, 2000, if and only if Tenant pays to Landlord
on or before August 31, 2000 the amount of $60,000. If Tenant
fails to make such payment by such date, Tenant's option for the
Adjacent Space shall terminate. If Tenant makes such $60,000
payment and thereafter exercises such option on or before
September 30, 2000, then one half of the amount of such payment
($30,000) shall be credited against the first rental payments due
for the Adjacent Space and the remaining one half of such payment
($30,000) shall be retained by Landlord in consideration of the
granting of such option. If Tenant makes such $60,000 payment but
does not exercise such option on or before September 30, 2000,
then such option shall terminate and all of such payment ($60,000)
shall be retained by Landlord in consideration of the granting of
such option.
4. All other terms and conditions of the Lease not inconsistent with
the foregoing shall remain in full force and effect.
Executed as of the date first written above.
THE BREWERY WORKS, INC.
BY /s/ Xxxx Xxxxxx
Its President
METAVANTE CORPORATION
BY /s/ Xxxxx X. Xxxxxxx
Its Executive Vice President
and Chief Financial Officer
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