EXHIBIT 10 (b)
SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE is made and entered into as of the 30th
day of January, 1995, between UNITED INSURANCE COMPANY OF AMERICA, as
"Landlord", and QUIXOTE CORPORATION, as "Tenant".
WHEREAS, Landlord and Tenant previously entered into a Lease (the
"Lease"), pursuant to which Landlord leased to Tenant, and Tenant leased
from Landlord, the premises commonly known as Suite 3000 on the 30th floor
of the Xxx Xxxx Xxxxxx Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxxxx, on the terms and
provisions therein set forth.
WHEREAS, Landlord and Tenant thereafter entered into an amendment to
the Lease (the "First Lease Amendment"), pursuant to which Suite 2320,
located on the 23rd floor of the Xxx Xxxx Xxxxxx Xxxxx Xxxxxxxx, Xxxxxxx,
Xxxxxxxx (the "Expansion Space"), was added to the Premises under the
Lease, on the terms and provisions set forth in the First Lease Amendment.
WHEREAS, Tenant recently expressed its desire to delete the Expansion
Space from the Premises, and Landlord and Tenant have reached an agreement
with respect to the deletion of the Expansion Space from the Premises, and
they wish to set forth their agreement in said respects in writing.
NOW, THEREFORE, in consideration of the reciprocal agreements herein
contained, and other good and valuable consideration, the adequacy and
receipt whereof hereby is acknowledged, the parties hereto agree as
follows:
1. the above recitals are incorporated in and made an express part of
this Second Amendment to Lease.
2. As of December 31, 1994, the Expansion Space shall be deemed
deleted from the Premises under the Lease; as of said date, the increases
in the Base Rent which were set forth in paragraph 4 of the First Lease
Amendment no longer shall be applicable; and as of said date, Tenant shall
have no further rights or options as set forth in the First Lease
Amendment. After said date, the Premises shall consist only of the
Premises originally described in the Lease, and the Base Rent that is due
and payable by Tenant under the Lease shall be reduced to the Base Rent
originally set forth in the Lease.
3. Landlord hereby acknowledges receipt from Tenant of a Termination
Fee, which was paid by Tenant to Landlord in consideration for Landlord's
deletion of the Expansion Space from the Premises; and Landlord hereby
acknowledges that Tenant has vacated and surrendered to Landlord possession
of the Expansion Space.
4. Except as expressly stated herein, the Lease shall be and
remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Lease
Termination Agreement as of the date and year above first written.
LANDLORD: TENANT:
United Insurance Company of America Quixote Corporation
By:/s/ Xxxxx X. Xxxxxxxx By:/s/ Xxxxx X. Xxxxx
-------------------------- --------------------------
Its: Vice President Its: Vice President
-------------------------- --------------------------
