Exhibit 10.2
THIRD AMENDMENT TO
LEASE AGREEMENT
Effective Date: October 6, 0000
Xxxxxxxx Xxxxxx Xxxxxxxxx Xxxxxx (assignee of I.S. Capital, LLC)
(LESSOR) and Mobility Electronics, Inc. (LESSEE), entered into that certain
Standard Multi-Tenant Office Lease dated July 17, 2002, as amended (the
"LEASE"), pertaining to the lease of certain premises (the "PREMISES") located
at 00000 Xxxxx Xxxxxxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000. The parties wish to
amend the Lease pursuant to this amendment (the "AMENDMENT").
Section 32 (Lessor's Access; Showing Premises; Repairs) of the Lease
shall be amended as follows:
The last sentence shall be deleted and replaced with the following
language:
"Lessor shall notify Lessee at least forty-eight (48) hours prior to
entering the Premises unless emergency access is required, in which
case Lessor shall use its best efforts to provide as much advance
notice to Lessee as is practicable under the circumstances, or as soon
as possible thereafter. Access to the Premises shall only be granted to
authorized representatives of Lessor and any independent contractors or
others entering the Premises at the request of Lessor to make
alterations, repairs, improvements or additions to the Premises. Any
such contractors or other individuals entering the Premises must be
fully licensed and bonded and must be accompanied at all times by an
authorized representative of Lessor. If access is required after normal
business hours, Lessor shall deactivate Lessee's security system upon
entering the Premises, in accordance with Lessee's instructions, and
Lessor shall reactivate Lessee's security system upon departure from
the Premises. Lessor understands and acknowledges that Lessee has
computers, laboratories, equipment and other valuable personal
property, as well as proprietary business materials located on the
Premises which Lessor shall not disturb during any period of access to
the Premises. Lessor hereby assumes any and all risks of, and agrees to
repair, replace or reimburse Lessee for, damage to or loss of any
property located on the Premises and any injury, death, damage or loss
to any third party or Lessor representatives occurring on the Premises
during the time Lessor or its representatives are accessing the
Premises, unless such injury, death, damage or loss is due to the
negligence or willful misconduct of Lessee. Lessor agrees to indemnify,
defend and hold Lessee, its affiliates and any of their respective
officers, directors and employees harmless for, from and against any
and all claims, demands, actions, causes of actions, lawsuits, damages,
losses, injuries (including death) or other liabilities (including
reasonable attorneys' fees) resulting from the entry of Lessor or any
independent contractors or others entering
the Premises at the request of Lessor pursuant to this Section 32,
unless such injury, death, damage or loss is due to the negligence or
willful misconduct of Lessee."
In the event of any conflict between the Lease and this Amendment, this
Amendment will control. The Lease shall remain in full force and effect except
to the extent previously amended and as amended hereby.
MOBILITY ELECTRONICS, INC. MOUNTAIN VALLEY COMMUNITY CHURCH
LESSEE LESSOR
By: /s/ Xxxx X. Xxxxxxxxx By: /s/ Xxxxxxx X. Xxx
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Name: Xxxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxx
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Title: EVP and CFO Title: Office Manager
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Date: October 6, 2004 Date: October 6, 2004
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