SECOND AMENDMENT TO OFFICE/WAREHOUSE LEASE
Exhibit 10.01
SECOND AMENDMENT TO OFFICE/WAREHOUSE LEASE
THIS SECOND AMENDMENT TO OFFICE/WAREHOUSE LEASE (the “Amendment”) is made effective January 14, 2009, between SMD LINCOLN INVESTMENTS, a Minnesota limited liability company (“Landlord”) and LECTEC CORPORATION, a Minnesota corporation (“Tenant”).
A. | Pursuant to the Office/Warehouse Lease dated as of May 23, 2003 between Landlord and Tenant and
as amended by that certain First Amendment to Office/Warehouse Lease dated May 30, 2008 (collectively the
“Lease”), Landlord leased to Landlord leased to Tenant approximately 3,299 square feet of space in a
building located at 0000 Xxxxxxx Xxxxx, Xxxxx, Xxxxxxxxx, as more particularly described in the Lease. |
B. | Except as hereinafter specifically provided, all words in this Amendment beginning with capital
letters which are not normally capitalized shall have the meaning ascribed to such words in the Lease. |
C. | Landlord and Tenant desire to amend the Lease to alter certain provisions thereof on the terms
and conditions hereinafter set forth. |
1. | Section 1 of the Lease is hereby amended to allow Tenant to occupy the Demised Premises for an
additional period of four (4) months commencing on September 1, 2008 and expiring on December 31, 2008
(the “Extension Period”). The Lease may be terminated by either Landlord or Tenant during the Extension
Period upon fifteen (15) days prior written notice to the other party. |
2. | The monthly Net Rent for the Extension Period shall be $1,476.28. |
3. | During the Extension Period, Landlord and Tenant shall remain responsible for the performance
of their respective covenants and obligations under the Lease and the Lease shall remain in full force
and effect. Tenant shall continue to make all payments of Net Rent and Additional Rent (as those terms
are defined in the Lease) and any other payments as set forth in the Lease. |
4. | Landlord and Tenant represent and warrant that each has all the necessary approvals and
authority to enter into this Amendment, and shall indemnify and hold each other harmless for any breach
of this representation and warranty. |
5. | Landlord and Tenant represent and warrant that there are currently no defaults by either party
under the Lease. |
6. | This Amendment may be executed in any number of counterparts, each of which shall be an
original, but such counterparts shall together constitute one and the same instrument. Faxed signatures
shall be considered originals. |
7. | All of the terms of the Lease, as amended hereby, are hereby ratified and confirmed. |
[SIGNATURE PAGES TO FOLLOW]
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WHEREFORE, Landlord and Tenant have executed this Amendment as of the date first above written.
LANDLORD:
SMD LINCOLN INVESTMENTS, LLC,
a Minnesota limited liability company
By: /s/ Xxxxx Xxxxxxxxxxx
Xxxxx Xxxxxxxxxxx
Its: Chief Manager
TENANT:
LECTEC CORPORATION., a Minnesota corporation
By: /s/ Xxxx Xxxxxxx
Print Name: Xxxx Xxxxxxx
Title: Controller
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