Exhibit 10.5
FIRST AMENDMENT TO LEASE AGREEMENT
By this private instrument of first amendment (the "Amendment") to the Lease
Agreement (the "Agreement") executed on June 15, 1998, of the property located
at the Rodovia Dom Xxxxx I, km 128/129, number 605, the parties LUCENT
TECHNOLOGIES NETWORK SYSTEMS DO BRASIL S.A., a corporation organized under the
laws of Brazil, enrolled with the National Registry of Legal Entities under
number 84.512.045/0003-05, with head offices in the city of Campinas, State of
Sao Paulo, at the Rodovia Dom Xxxxx I, km. 128/129 (the "LESSOR"), and AVEX
ELECTRONICS DO BRASIL, LTDA, (now denominated BENCHMARK ELECTRONICS LTDA) , a
corporation organized under the laws of Brazil, enrolled with the National
Registry of Legal Entities under number 02.470.563/0001-79, with head offices in
the city of Campinas, State of Sao Paulo, at the Xxxxxxx Xxx Xxxxx 0, 0xx.
128/129 (the "LESSEE")
WHEREAS
LESSOR and LESSEE wishes to extend the term of the Agreement
LESSOR and LESSEE have entered into a certain "General Purchase Agreement number
GPA 1030", as of February 26, 1998, and a certain Equipment Purchase and Sale
Agreement and
Other Covenants, as of June 8, 1998; and
LESSOR and LESSEE have agreed upon the conditions for termination of the
Agreement, in case of expiration or termination of the agreements mentioned
above;
Now, therefore, LESSOR and LESSEE have agreed to amend the Agreement as follows:
1 -- LESSOR and LESSEE hereby mutually agree to extend the term of the
Agreement for an additional period of 10 (ten) months, from June 16th
2000 to April 30th 2001, so that the leased property shall be returned
to LESSOR, under the terms and conditions set forth in Section 3.1 and
following of the Agreement, until May 1st , 2001.
2 .- Effective the date of execution hereof, the parties hereby agree
that Section 5.2 of the Agreement shall read as follows:
"5.2 LESSOR may terminate the present Agreement in the event of
expiration or termination of the "General Purchase Agreement number GPA
1030" (the "GPA"), entered by the parties as of February 26, 1998. In
any event, in case of termination of the Agreement as provided
hereunder, the LESSOR guaranties the continuity of the lease and the
occupation of the building to the LESSEE until May 1ST ,2001, in
according to the First Clause of this Amendment above."
3.- This Amendment shall be effective the date set forth hereinbelow,
and all the other clauses and conditions of the Agreement and its
attachments which have not been hereby amended, are be hereby ratified.
IN WITNESS WHEREOF, the parties have executed this instrument in three
counterparts of equal tenor and content, before the two undersigned witnesses.
Campinas, June 14th 2000
Lucent Technologies Network Systems do Brasil S.A.
By:
Title:
Benchmark Electronics Ltd
(ex-AVEX Electronics do Brasil Ltda.).
By: Mareo Antonio Follegatti
Title: General Manager
