TENTH AMENDMENT TO LEASE
THIS AGREEMENT made the 10th day of April, 2003 by and between THE
XXXXXX INVESTMENT COMPANY, having offices at 0000 Xxxxxxx Xxxxxxxx, Xxxxxxxx,
Xxx Xxxx 00000 hereinafter referred to as the "1LANDLORD"" and DELTA FUNDING
CORPORATION having offices at 0000 Xxxxxxxx Xxxx, Xxxxxxxx, Xxx Xxxx 00000
hereinafter referred to as the "TENANT".
WITNESSETH
WHEREAS, the parties have heretofore on or about the 1st day of
November, 1993 entered into a certain Agreement of Lease, which was amended the
20th day January, 1994, the 23rd day of March, 1994, the 8th day of December,
1995 (3rd Amendment), the 8th day of December, 1995 (4th Amendment), the 4th day
of March, 1996, the 28th day of August, 1997, the 29th day of October, 1997, the
2nd day of April, 1998 and the 16th day of February, 2001 for certain premises
located at 0000 Xxxxxxxx Xxxx, Xxxxxxxx, Xxx Xxxx and
NOW, THEREFORE, in consideration of One Dollar and other good and
valuable consideration, each in hand paid to the other, the receipt whereof is
hereby acknowledged and in further consideration of the mutual covenants
contained herein, it is agreed as follows:
FIRST: Commencing April 1, 2003, TENANT'S Demised Premises on the
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third (3rd) floor shall be increased by 11,800 square feet rentable, making
TENANT'S total Demised Premises on the third (3rd) floor, 58,437 square feet.
SECOND: The Demised Premises to remain "as is" with no additional
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work to be provided by LANDLORD.
THIRD: Commencing April 1, 2003, TENANT shall occupy 92,362 square
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feet on the second (2nd) and third (3rd) floors of said building and shall pay
an Annual Basic Rent in equal monthly installments, based upon the following
schedule:
TERM ANNUAL BASIC RENT MONTHLY BASIC RENT
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4/1/03-3/31/04 $2,085,121.47 $173,760.12
411/04-3131/05 $2,368,218.70 $197,351.56
4/1/05 - 3/31/06 $2,452,637.57 $204,386.46
4/1/06 - 3/31/07 $2,540,012.02 $211,667.67
4/1/07 - 3/31/08 $2,630,526.78 $219,210.56
This rent schedule amends and supersedes all previous schedules as set forth
in the Lease as amended.
FOURTH: Section "Sixth" of the Ninth Amendment to Lease shall be
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changed to read as follows: ". . . rentable area of the Demised Premises
(i.e., 92,362 sq. ft.). . . form a part (i.e., 230,000 sq. ft.), i.e., 40.16%.
FIFTH: Section "Seventh" of the Ninth Amendment to Lease shall be
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changed to read as follows: .... . TENANT'S Energy Base = $175,487.80 .."
SIXTH: Section "Eighth" of the Ninth Amendment to Lease shall be
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changed to read as follows: ". . pay the sum of $175,487.80 per year in equal
monthly installments of $14,623.98 in advance. .."
SEVENTH: The foregoing provisions are intended to modify said lease
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only in the foregoing respects and such modifications and the terms hereof as
herein set forth are to be strictly construed. It is further agreed that, except
as hereinabove provided, all of the terms, covenants and conditions of said
lease dated the 1st day of November, 1993, and amended the 20th day of January,
1994, the 23rd day of March, 1994, the 8th day of December, 1995 (3rd Amendment)
the 8th day of December, 1995 (4th Amendment), the 4th day of March, 1996, the
28th day of August, 1997, the 29th day of October, 1997, the 2nd day of April,
1998 and the 16th day of February, 2001 shah continue to remain in full force
and effect as therein written and shall be read and construed together with this
instrument.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals the day and year first above written
THE XXXXXX INVESTMENT COMPANY
BY: /S/ XXXXX XXXXXX
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DELTA FUNDING CORPORATION
BY: /S/ XXXX X. XXXXXX
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