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EXHIBIT 10.43
AMENDMENT TO RESTATED AND AMENDED
LEASE AGREEMENT
This Lease Amendment is made and entered into as of the 1st day of
January, 1998, between XXXXX X. XXXXX ("Lessor") and PHYSICIANS' SPECIALTY
CORP., as successor in interest to ATLANTA, EAR, NOSE & THROAT ASSOCIATES, P.C.
("Lessee") with respect to that certain Restated and Amended Lease Agreement
which was entered into effective the first day of January, 1997.
1. Item 1 of the Lease Agreement is hereby amended by adding under the
Lease Agreement an additional 2,885 square feet of office space more
particularly described in Exhibit "A" attached hereto (suite number 106 of the
Medical Quarters of North Atlanta). Such additional space shall be subject to
all of the terms and conditions of the Lease Agreement as hereby amended.
2. Paragraph (a) of Item 3 of the Lease Agreement is hereby amended to
read as follows:
3. Base Rental.
(a) Lessee shall pay to Lessor at its offices at 0000 Xxxxxxxxx
Xxxxxxxx Xxxx, Xxxxx 000, Xxxxxxx, Xxxxxxx 00000, or at such other
place as Lessor shall designate in writing to Lessee, promptly on the
first day of each month, in advance, during the term of this Lease,
the Base Rental. For purposes of this subparagraph (a) of this
Paragraph 3 of this Lease, the Base Rental for the following periods
shall be the following amounts:
Period Monthly Base Rental
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January 1, 1998 through $46,797.62 per month*
December 31, 1998
January 1, 1999 through The prior year's Base
June 30, 2010 Rental plus 2.5%
*$41,508.45 per month until such time as Lessee occupies Suite 106
(expected to be in February 1998). The rental rate is subject to
adjustment as provided below.
Notwithstanding with the foregoing, Lessee will be leasing an
additional 640 square feet of office space from Lessor located in
suite number 107 of
2
the Medical Quarters of North Atlanta (more particularly
described in Exhibit "B" attached to the Lease). Such
additional office space will be added to and included under
this Lease upon the expiration or termination of Lessor's
current lease of such space to a third party. At such time
as such additional space is added to this Lease, the Base
Rental shall be increased by the following amounts:
(i) increase to 1998 monthly rental (if the additional space
is added to the Lease in 1998) - $1,456.87 per month, and
(ii) increase to monthly rental in 1999 or subsequent years
(if the additional space is added to the Lease in that year
or any earlier year) - the amount of additional "rental" for
the immediately preceding year as determined under clause
(i) immediately above or this clause (ii) plus an additional
2.5% thereof.
3. Except as expressly modified herein, the terms of this Lease shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seals.
Signed, sealed and delivered
in the presence of:
/s/ /s/ Xxxxx X. Xxxxx (SEAL)
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Witness Xxxxx X. Xxxxx, Lessor
/s/
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Notary Public
Signed, sealed and delivered PHYSICIANS' SPECIALTY
in the presence of: CORP., Lessee
/s/ /s/ Xxxxxxx X. Xxxxxxx
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Witness Chief Operating Officer
/s/ Xxxxx X. Xxxxx Attest: /s/ Xxxxxx X. Xxxxxxxx
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Notary Public Secretary
(CORPORATE SEAL)
