THIRD AMENDMENT OF LEASE

EXHIBIT 10.29

THIRD AMENDMENT OF LEASE

THIS THIRD AMENDMENT OF LEASE (this “THIRD Amendment”) dated this 28th day of June, 2004, is by and between 475 - 17TH STREET, CO., a Limited Partnership (“Landlord”) and Xxxxxx X. Xxxxxxxx, III, (“Tenant”).

RECITALS:

A. Landlord and Tenant entered into a certain Office Building Lease, dated January 31, 2000 (the “Base Lease”). The Base Lease, the First Amendment of Lease, the Second Amendment of Lease and this Third Amendment of Lease shall hereinafter be referred as “Lease” pertaining to certain premises located in the building commonly known as The 000 00xx Xxxxxx Xxxxxxxx, Xxxxx 0000, 000 00xx Xxxxxx, Xxxxxx, Xxxxxxxx 00000 (the “Original Premises”), as more particularly described in the Lease.

B. Terms defined in the Base Lease and delineated herein by initial capital letters shall have the same meaning ascribed thereto in the Lease except to the extent that the meaning of such term is specifically modified by the provisions hereof.

NOW, THEREFORE, in consideration of the mutual covenants as hereinafter set forth, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:

1. Recitals: The foregoing recitals are true and correct and incorporated herein by this reference.

2. Expansion: Landlord agrees to lease to Tenant Suite 1250 consisting of approximately 667 rentable square feet (r.s.f.) (“Premises”).

3. Term: The Primary Lease Term shall be coterminous with the existing lease term commencing July 1, 2004, (“Commencement Date”) and terminating January 31, 2008 (the “Termination Date”).

4. Base Rate: Commencing July 1, 2003 and terminating January 31, 2008, the Base Rent shall be equal to the sum of Forty-one Thousand Nine Hundred Sixty-five and 48/100 Dollars ($41,965.48) which sum shall be payable to Landlord as follows:

07/01/04 - 01/31/05 @ $17.00/rsf =		$ 944.92/mo
02/01/05 - 01/31/07 @ $17.50/rsf =		$ 972.71/mo
02/01/07 - 01/31/08 @ $18.00/rsf =		$1,000.50/mo

5. Pro Rata Share: Tenant’s Pro Rata Share shall be .4404%.

6. Tenant Improvements: Landlord agrees to split the cost of furnishing three walls with cork board covered with wall covering.

7. Name Change: Landlord accepts Tenants name change from Xxxxxx X. Xxxxxxxx, III to Xxxxxxxx Energy, LLC.

8. Except as specifically amended by the provisions provided hereof, the terms and provisions in the Lease shall continue to govern the rights and obligations of the parties hereunder, and all provisions and covenants of the Lease shall remain in full force and effect as stated therein. This Third Amendment of Lease, the Second Amendment of Lease, the First Amendment of Lease, and the Base Lease, shall be construed as one instrument.

9. The terms, provisions and covenants of this Third Amendment of Lease shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

10. The Lease as amended by this Third Amendment, the Second Amendment and the First Amendment, contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in the Base Lease, as amended by this Third Amendment of Lease, the Second Amendment of Lease, and the First Amendment of Lease, and no prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. No provision of the Lease may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest.

IN WITNESS WHEREOF the parties hereto have executed this indenture by affixing their corporate seals by their authorized officers in that behalf, or by Tenant’s signature hereto, as of the date first above written.

LANDLORD: 475 - 17th Street, Co., a Colorado limited partnership						TENANT: Xxxxxxxx Energy, LLC
By:		/s/ Xxxx Xxxxxxxx III				By:		/s/ Xxxxxx X. Xxxxxxxx III
		Xxxx Xxxxxxxx III						Print:		Xxxxxx X. Xxxxxxxx III
		General Partner						Its:		President