EXHIBIT 10.74
FIRST AMENDMENT TO LEASE
THIS AMENDMENT is made and entered into as of the 18th day of
February, 2003, by and between CGA INVESTMENT COMPANY L.L.C.
("Landlord") and InfiNET SOLUTIONS, an Illinois corporation ("Tenant").
WITNESSETH:
WHEREAS, by lease dated May 26, 2002, Landlord leased to Tenant certain
premises (the "Leased Premises") consisting of approximately 12,594 square feet
of space, commonly known as 0000 Xxxxx Xxxxxxx in Buffalo Grove, Illinois, (said
Lease, as hereby amended, is hereinafter referred to as the "Lease"); and
WHEREAS, Landlord and Tenant desire to extend the term of the Lease on
the terms set forth below;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein set forth, Landlord and Tenant hereby agree as follows:
1. EXTENDED TERM. The term of the Lease is hereby extended to April 30,
2004 on the same terms and conditions as set forth in the Lease, except as
modified herein and unless sooner terminated pursuant to the terms of the Lease.
2. RENT As of May 1, 2003, the Rent payable under Section 4.0 of the
Lease shall be as follows:
Period Annual Base Rent Monthly Installment
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05/01/03-04/30/04 $98,485.08 $8,207.09
3. REAL ESTATE BROKERS. Tenant represents that it has dealt with, and
only with Van Vlissingen and Co., as broker in connection with this Amendment,
and that, insofar as Tenant knows, no other broker negotiated this Amendment or
is entitled to any commission in connection therewith. Tenant agrees to
indemnify and hold Landlord harmless from all damages, liability and expense
(including reasonable attorneys' fees) arising from any claims or demands of any
other broker or brokers or finders in connection with its participating with
Tenant in the negotiating of this Amendment.
4. LEASE IN FULL FORCE AND EFFECT. Except for the provisions of this
Amendment, all the terms, covenants and conditions of the Lease and all the
rights and obligations of Landlord and Tenant thereunder, shall remain in full
force and effect, and are not otherwise altered, amended, revised or changed.
5. ESTOPPEL. Tenant hereby acknowledges that as of the date hereof, Tenant has
no
claims arising under the Lease against Landlord or its agents, or any one or
more of the foregoing, and that Tenant knows of no default or failure on the
part of Landlord to keep or perform any covenant, condition or undertaking to be
kept or performed by Landlord under the Lease. Tenant hereby releases Landlord
from any liability arising under the Lease prior to the date hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as
of the date first above written.
LANDLORD:
CGA INVESTMENT COMPANY L.L.C., an Illinois limited
liability company
By: Xxxxxxxx Rental Subpartnership, an Illinois
joint venture, a member
By: /S/ Xxxxxx X. Xxxxxxxx
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a general partner
TENANT:
InfiNET SOLUTIONS
By: /S/ Xxxxxx Xxxxxx
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Title: President
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Attest:
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Secretary
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