EXHIBIT 10(b)
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SECOND AMENDMENT TO LEASE
This Second Amendment, dated as of December 30, 1999, to that certain
sublease made and entered into as of the 25th day of November, 1985 (hereinafter
the "1985 Sublease") by and between Millipore Corporation, a Massachusetts
Corporation, with an address at 00 Xxxxx Xxxx, Xxxxxxx, Xxxxxxxxxxxxx 00000 (the
"Lessor") and Spire Corporation, a Massachusetts corporation with an address of
Patriots Park, Xxxxxxx, Xxxxxxxxxxxxx 00000 (the "Tenant").
In consideration of Lessor not exercising its rights under Section 9 of the
1985 Sublease to recapture approximately 21,275 square feet of the Leased Space
by virtue of the sublease by the Tenant of such portion of the Leased Space to
Methode Electronics, Inc., and of the mutual promises and agreements herein
contained, Lessor and Tenant hereby agree that the following Paragraph 7(h)
shall be added to the 1985 Sublease as of the date first above written.
(h) Tenant hereby agrees to make advance payment of the Rental
specified in paragraphs 4(b), 4(c) and 4(d), calculated as herein provided,
on the first day of every month without demand or invoice. The amount of
such advance payment or rental shall be calculated by taking one-twelfth
(1/12) of the aggregate of the Rental due in accordance with paragraphs
4(b), 4(c) and 4(d) during the preceding calender year. Within thirty (30)
days following the end of each calendar quarter Lessor agrees to provide
Tenant with a statement reconciling the advance payments received as
provided herein against the actual amounts of such Rental for which Lessor
was billed during such calendar quarter. In the event that such
reconciliation statement shows that the advance payments made by Tenant
hereunder exceed the amounts of such Rental for which Tenant was billed,
then the amount of the advance payment of Rental due on the next succeeding
monthly payment date shall be reduced by the amount of such excess. In the
event that such reconciliation statement shows that the advance payments
made by Tenant hereunder are less than the amounts of such Rental for which
Lessor was billed, then Tenant shall promptly pay Lessor the amount of such
shortfall.
In all other respects the 1985 Sublease shall remain in full force and
effect in accordance with its terms.
SPIRE CORPORATION MILLIPORE CORPORATION
By: /s/ Xxxxx X. Xxxxxx By: /s/ Xxxxxxx X. Xxxxxx
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Name: Xxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx
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Title: President & CEO Title: Executive VP & COO
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