Exhibit 10.22
THIRD AMENDMENT TO LEASE
This Third Amendment to Lease (the "Third Amendment") is made as of the
1st day of July, 2001 by and between The Xxxxxx & Xxxx Xxx Xxxxxxx Revocable
Trust A, Xxxx Xxx Xxxxxxx, Trustee; The Xxxxxx & Xxxx Xxx Xxxxxxx Trust C, Xxxx
Xxx Xxxxxxx, Trustee; The West Family Trust - 2000, u/t/a dated June 20, 2000,
Xxxxxxx X. Xxxx and Xxx X. Xxxx, Trustees; the Xxxxxxx X. & Xxxxxxx X. XxXxxxxx
Family Living Trust u/t/a/ dated 7/25/96, Xxxxxxx X. XxXxxxxx, Trustee; and
McDonald, Ltd., a Washington limited partnership (collectively, "Landlord") and
Ocular Sciences, Inc., a California corporation ("Tenant").
RECITALS
A. WHEREAS, Landlord is the successor in interest to Xxxxxxx X.
XxXxxxxx, Xxxx Xxx Xxxxxxx, Xxxxxxx X. Xxxx and XxXxxxxx, Ltd., a Washington
limited partnership, as landlord, and Tenant is successor in interest to O.S.I.
Corporation, a California corporation, as tenant, under a Lease dated May 18,
1995, as modified by that certain First Lease Amendment, dated January 25, 1999,
and as further modified by that certain Second Lease Amendment, dated June 14,
2001 (as so amended, the "Lease") by which Landlord let to Tenant certain
premises located at 000 Xxxxxx Xxxxxx, Xxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx (the
"Premises").
B. WHEREAS, Landlord and Tenant now desire to modify the Lease to
reflect the correct identity of the Landlord.
AGREEMENT
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements
contained herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Landlord and Tenant agree as
follows:
1. Landlord, as defined in this Third Amendment, is the "Landlord"
under the Lease and all references in the Lease to "Landlord" shall be deemed
references to Landlord as defined in this Third Amendment.
2. Landlord represents and warrants to Tenant that, as of the date of
this Third Amendment, Landlord is the fee simple owner of the Premises and has
full right, power, and authority to enter into this Third Amendment and be the
"Landlord" under the Lease.
3. Except as amended hereby, the provisions, conditions and terms of
the Lease shall remain unchanged and, as amended hereby, the Lease remains in
full force and effect. All references in the Lease to this "Lease" shall be
deemed references to the Lease as amended hereby.
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Third
Amendment as of the day and year first written above.
LANDLORD: TENANT:
OCULAR SCIENCES, INC., a
California corporation
/s/ Xxxx Xxx Xxxxxxx By: /s/ Xxxxx Xxxxxxx
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Xxxx Xxx Xxxxxxx, Trustee of the Xxxxxx & Name: Xxxxx Xxxxxxx
Xxxx Xxx Xxxxxxx Revocable Trust A -----------------------
Title: VP Operations
----------------------
/s/ Xxxx Xxx Xxxxxxx By:
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Xxxx Xxx Xxxxxxx, Trustee of the Xxxxxx & Name:
Xxxx Xxx Xxxxxxx Revocable Trust C -----------------------
Title:
----------------------
/s/ Xxxxxxx X. Xxxx
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Xxxxxxx X. Xxxx, Trustee of the West Family
Trust - 2000, u/t/a dated June 20, 2000
/s/ Xxx X. Xxxx
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Xxx X. Xxxx, Trustee of the West Family
Trust - 2000, u/t/a dated June 20, 2000
/s/ X.X. XxXxxxxx
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Xxxxxxx X. XxXxxxxx, Trustee of the Xxxxxxx X.
& Xxxxxxx X. XxXxxxxx Family Living Trust
u/t/a dated 7/25/96
McDONALD LTD., a Washington limited
partnership
By: /s/ X.X. XxXxxxxx
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Name:
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Title:
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