EXHIBIT 10.4.5
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FIFTH AMENDMENT TO LEASE
LESSOR: ATHENAEUM PROPERTY LLC
LESSEE: BITSTREAM INC.
DATE OF LEASE: MARCH 17, 1992;
(First Amendment September 7, 1993;
Second Amendment July 14, 1994;
Third Amendment July 15, 1996;
Fourth Amendment March 3, 1997)
PREMISES: ATHENAEUM HOUSE, 000 XXXXX XXXXXX,
XXXXXXXXX, XXXXXXXXXXXXX
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which
are hereby acknowledged, the lease between Athenaeum Property LLC as Lessor and
Bitstream Inc., a Delaware corporation, as Lessee dated March 17, 1992, and
amended on September 7, 1993 and by letter agreement on July 14, 1994 and
amended on July 15, 1996, and on March 3, 1997, is hereby amended for the fifth
time effective April 1, 1997, as follows:
1. "EXPANDED LEASED PREMISES." Effective June 1, 1997 (the
"Effective Date") and pursuant to Paragraph 5 of the Fourth
Amendment to Lease, the Leased Premises shall be reduced by
2800 rentable square feet ("Reduced Leased Premises"), more or
less, on the ground floor of the Building as shown on Exhibit
A hereto. Lessee agrees it is giving up the Reduced Leased
Premises in its "as is" condition, except that the Reduced
Leased Premises shall be delivered to Lessor in vacuumed clean
condition, free of debris and personal effects.
2. ADJUSTED RENT. The Base Rent for the Leased Premises shall be
decreased as of the Effective Date by $28,000.00 per year,
calculated as 2,800 square feet at $10.00 per rentable square
feet, representing the Base Rent on the Reduced Leased
Premises.
3. DECREASED RENT ADJUSTMENT. As of the Effective Date, the Rent
Adjustment percentage in Paragraph 5 shall be decreased from
8.66 percent to 7.68 percent.
4. CONSTRUCTION; INTERPRETATION. To the extent that this lease
amendment conflicts with the existing lease, this amendment
shall control. Both parties acknowledge the lease remains in
full force and effect. Other than as stated in this amendment,
all other terms and conditions remain the same.
EXECUTED as a sealed instrument this 15th day of April, 1997.
ATHENAEUM PROPERTY LLC
By /s/ Xxxxx X. Xxxxx /s/ Xxxxxxx X. Xxxxx
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President Witness
Athenaeum F.A. Inc.
Managing Member
BITSTREAM INC.
By: /s/ Xxxxx X. Xxxx /s/ Xxxx X. Xxxxxxxxxx
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Vice President, Treasurer and Witness
Chief Financial Officer
Duly Authorized
EXHIBIT A
"REDUCED LEASED PREMESIS"
A floor plan of consisting of 2,800 rentable square feet on the lower
level of the property located at 000 Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx is
set forth on this Exhibit.
THE ATHENAEUM HOUSE Rev.
000 Xxxxx Xxxxxx, Xxxxxxxxx Lower Level May 1, 1997
