SECOND AMENDMENT TO EQUIPMENT LEASE
THIS SECOND AMENDMENT TO EQUIPMENT LEASE (the "Second Amendment") is made
and entered into as of the 14th day of August, 1998, by and between XXXXX X.
XXXXXXXX (hereinafter referred to as the "Lessor") and THERMAL LINE WINDOWS,
L.L.P. (hereinafter referred to as the "Lessee").
RECITALS:
A. Lessor and Lessee have entered into an Equipment Lease dated
January 2, 1996, as amended on January 2, 1997 (the "Lease"), attached hereto
as EXHIBIT A and incorporated herein by reference.
X. Xxxxxx and Lessee desire to amend the Lease as set forth below.
NOW, THEREFORE, for valuable consideration, receipt and sufficiency of
which is hereby acknowledged, it is agreed between the parties as follows:
1. The first sentence of Paragraph 4 of the Lease, "OPTION TO PURCHASE,"
shall be revised to read as follows:
"Upon the expiration of the Lease Term, Lessee shall have the right and
option (the "Purchase Option") to purchase the Equipment from Lessor for a
price (the "Option Price") of $9,925.28.
2. The following shall be added after the last sentence of Paragraph 15,
"ASSIGNMENT," of the Lease:
"c. Notwithstanding anything contained herein to the contrary, this
Lease and Lessee's rights and privileges hereunder may be assigned, sublet or
otherwise transferred or conveyed to any Affiliate(s) of Lessee or ThermoView
Industries, Inc., a Delaware corporation, without the prior written consent of
Lessor."
3. All other terms and conditions of the Lease shall remain the same,
except as expressly modified herein.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this Second
Amendment to Lease as of the date set forth above.
LESSOR:
/s/ Xx Xxxxxxxx
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XX XXXXXXXX
LESSEE:
THERMAL LINE WINDOWS, L.L.P.
By: ICE, INC., General Partner
By: /s/ Xxxxxxx X. Xxxxxxxx
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Xxxxxxx X. Xxxxxxxx, President
By: BLIZZARD ENTERPRISES, INC., General
Partner
By: /s/ Xxxxxxx X. Xxxxxxxx
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Xxxxxxx X. Xxxxxxxx, President
