EIGHTH AMENDMENT TO LEASE EXHIBIT 10.3
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THIS EIGHTH AMENDMENT TO LEASE (this "Amendment") is made by and between
CHEVRON U.S.A. INC., a Pennsylvania corporation ("Landlord") and TEXAS MICRO
INC., a Delaware corporation ("Tenant"), effective the 23rd day of December,
1997.
W I T N E S S E T H:
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WHEREAS, Landlord and Tenant did enter into that certain lease (the
"Lease") dated December 11, 1992, as amended effective February 24, 1993, and
October 28, 1993, and July 10, 1995, and July 31, 1995, and October 17, 1995,
and April 28, 1997, and November 12, 1997 for certain leased space situated in
the Building known as ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇; and
WHEREAS, Landlord and Tenant again desire to amend the Lease as set forth
herein;
NOW THEREFORE, Landlord and Tenant in consideration of the premises and the
mutual benefits to be derived therefrom, do hereby covenant, stipulate and
agree, each with the other, to the following terms, covenants, conditions and
obligations as an amendment to the Lease:
1. All terms, covenants, obligations and conditions in this Amendment
which conflict with a like provision in the Lease shall be controlling
over and supersede any like provision in the Lease.
2. All terms, covenants, obligations and conditions in the Lease not
superseded and/or amended by any provision in this Amendment shall
remain in full force and effect. All defined terms in the Lease shall
have the same meaning in this Amendment.
3. Article 1, Section 1.01 of the Lease is amended to include within the
Basement Space approximately 14,093 square feet of Net Rentable Area
("NRA") (the "New Basement Space") shown on the floor plan attached
hereto as Exhibit A.
4. The Rental Commencement Date for the New Basement Space is the earlier
of the date upon which the Tenant occupies the New Basement Space for
purposes other than construction and build-out or February 1, 1998.
5. The Base Rent for the New Basement Space is $9.00 per square foot of
NRA beginning upon the Rental Commencement Date through June 30, 2000.
6. Tenant hereby exercises its option under Article 26, Section 26.01 (a)
of the Lease, to renew the Lease for a 5 year term beginning July 1,
2000 and terminating June 30, 2005 (the "Renewal Term").
7. The Base Rent for the Renewal Term is as follows:
Existing Space (as defined in Lease): $9.50/per sq. ft. of NRA
Improvement Space (as defined in Lease): $9.00/per sq. ft. of NRA
Basement Space (as defined in Lease and
First Amendment): $8.50/per sq. ft. of NRA
Northwest Quadrant Space (as defined in the
Third and Fourth Amendments to Lease): $9.50/per sq. ft. of NRA
New Basement Space (as defined in this
Eighth Amendment to Lease): $9.00/per sq. ft. of NRA
Additional Basement Space (as defined in the
Third, Fourth and Seventh Amendments to
Lease): $5.50/per sq. ft. of NRA
8. Subject to Article 12 and the other provisions of the Lease, Tenant
will remodel the entrance and lobby of the Premises, remodel the New
Basement Space, and install a fully finished (both sides) demising
wall in the large meeting room area and the adjoining office (such
work is generally described as the "Tenant Improvements"). Upon
Tenant's presentation of paid architectural and construction invoices
to Landlord for the Tenant Improvements, Landlord will reimburse
Tenant for up to $125,000 (the "Tenant Improvements Allowance") of
such invoices. Landlord shall not be responsible for any costs of the
Tenant Improvements in excess of the Tenant's Improvements Allowance,
and any such excess shall be Tenant's sole responsibility. The Tenant
Improvements Allowance may only be drawn upon by Tenant upon
presentation of invoices for the construction described herein. Any
unused portion of the Tenant Improvements Allowance shall be forfeited
by Tenant.
9. Any preferential rights or options to expand granted to the Tenant in
the Lease, as amended, are extinguished.
Made as of the date first written above.
LANDLORD TENANT
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CHEVRON U.S.A. INC. TEXAS MICRO INC.
By /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇ By /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
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Its Acting President, Chevron Real Its C.E.O.
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Estate Management Company
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