EXHIBIT 10.2
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AMENDMENT NO. 6 TO LEASE
THIS AMENDMENT NO. 6 TO LEASE (the "Sixth Amendment") is made and
entered into as of the 22nd day of April, 2002 between Landlord and Tenant named
below.
LANDLORD: LONG WHARF DRIVE, LLC
000 Xxxxxx Xxxxxx
Xxx Xxxxx, XX 00000
TENANT: XXX.xxx, Inc.
000 Xxxx Xxxxx Xxxxx
Xxx Xxxxx, XX 00000
BUILDING: 000 Xxxx Xxxxx Xxxxx
Xxx Xxxxx, XX 00000
WHEREAS, Landlord and Tenant executed a lease dated as of January
29, 1999, as amended by that certain Amendment No. 1 to Lease dated as of June
9, 1999, that certain Amendment No. 2 to Lease dated as of November 9, 1999 (the
"Second Amendment"), that certain Amendment No. 3 to Lease dated as of January
20, 2000, that certain Amendment No. 4 to Lease dated as of February 8, 2000,
and that certain Amendment No. 5 to Lease dated as of November 12, 2001
(collectively, the "Lease"); and
WHEREAS, by this Sixth Amendment, Tenant wishes to surrender 15,600
rentable square feet located on the ninth floor of the Building, which space is
the entire space identified in the Second Amendment as the "Ninth Floor Space";
and
WHEREAS, Landlord and Tenant wish to execute an amendment of the
Lease stating, among other things, the new area of the Premises and Tenant's
adjusted Proportionate Share.
NOW, THEREFORE, the parties to this Sixth Amendment, in
consideration of the covenants hereinafter contained and the sum of One Dollar
($1.00) to each party paid by the other, the receipt and sufficiency of which is
hereby acknowledged, do covenant and agree as follows:
1. All capitalized terms used in this Sixth Amendment, but not
defined herein, shall have the same meanings ascribed thereto in the Lease.
2. On or prior to 5:00 p.m. local time on April 30, 2002 (the
"Surrender Date"), Tenant shall vacate the Ninth Floor Space and surrender the
Ninth Floor Space in the condition required in the Lease.
3. Landlord and Tenant hereby agree that upon Tenant complying with
its obligations set forth in Paragraph 2 hereof, (a) the Lease, with respect to
the Ninth Floor Space only, shall terminate and be of no further force or effect
as of May 1, 2002, and (b) as of May 1,
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2002, Landlord and Tenant shall be released from any and all obligations under
the Lease with respect to the Ninth Floor Space, except those by which the
express terms of the Lease survive the expiration or termination thereof. Except
as otherwise set forth in the immediately preceding sentence, neither Landlord
nor Tenant shall have any rights, liabilities or obligations under the Lease
with respect to the Ninth Floor Space for the period accruing after the
Surrender Date.
4. Commencing as of May 1, 2002, and continuing for the duration of
the Sixth Floor Term, as the same may be extended, Me paragraph entitled
"Tenant's Proportionate Share" in Paragraph 3 of the Lease, is hereby amended by
deleting the term "21.03%" and inserting the term "15.2%" in lieu thereof, which
percentage is obtained by dividing the number of rentable square feet in the
Premises (40,552) by the number of rentable square feet in the Building
(267,052).
5. Effective as of May 1, 2002, Tenant's allocation of parking
spaces shall be reduced by an amount equal to 2.00 spaces for every 1,000
rentable square feet of the Ninth Floor Space, which, based on 15,600 rentable s
square feet, equates to a reduction of thirty-one (31) spaces.
6. Each party represents to the other that it has not dealt with any
broker, agent or other intermediary who is or nay be entitled to be paid a
broker commission or finders fee in connection with this Sixth Amendment, except
Equis Corporation, whose fees shall be the sole responsibility of Landlord
pursuant to a separate agreement between Equis Corporation and Landlord. Each
party agrees to indemnify the other and hold it harmless from all liabilities
arising from breach of the representations stated above, The representations and
obligations contained in this Paragraph 6 shall survive the termination of the
Lease.
7. Except as modified by this Sixth Amendment, the terms and
provisions of the Lease are hereby confirmed and ratified, and that instrument
shall remain in full force and effect as modified herein.
IN WITNESS WHEREOF, Landlord and Tenant have signed this Sixth
Amendment as of the day and year first above written.
Signed,. Sealed, and Delivered LANDLORD:
in the Presence of: LONG WHARF DRIVE, LLC
/s/ By: /s/ Xxxxxx X. Xxxxxxx
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/s/ Its: Director-Transactions
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TENANT:
XXX.xxx, Inc.
/s/ By: /s/ Xxxxxx X. Xx Xxxxxx
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/s/ Its: Authorized Signatory
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STATE OF Illinois )
ss.:
COUNTY OF Xxxx )
On this the 22nd day of April, 2002, before me Xxxxxx Xxxxxxx, the
undersigned officer, personally appeared Xxxxxx X. Xxxxxxx, who acknowledged
himself/herself to be the Director-Transactions of Long Wharf Drive, LLC and
that he/she, as such and being authorized to do so, executed the foregoing
instrument for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
OFFICIAL SEAL /s/ Xxxxxx Xxxxxxx
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Notary Public
My Commission Expires: 0-0-0000
XXXXX XX Xxxxxxxxxxx )
ss.:
COUNTY OF New Haven )
On this the 12th day of April, 2002, before me Xxxxx Xxxxxxxxxxx the undersigned
officer, personally appeared Xxxxxx X. Xx Xxxxxx, who acknowledged
himself/herself to be the Chief Financial Officer of XXX.xxx, Inc., and that
he/she, as such CFO, being authorized to do so, executed the foregoing
instrument for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
/s/ Xxxxx Rbakiewicz
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Notary Public
My Commission Expires: 2/28/03
