THIRD AMENDMENT TO LEASE
THIS THIRD AMENDMENT TO LEASE (this "Amendment") is dated for
reference purposes only as of May 18, 1999, by and between TRANSAMERICA
OCCIDENTAL LIFE INSURANCE COMPANY, a California corporation
("Landlord"), and MAXICARE HEALTH PLANS, INC., a Delaware corporation
("Tenant").
RECITALS
A. Landlord and Tenant entered into that certain Lease dated for
reference purposes only as of June 1, 1994, as amended by a First
Amendment to Lease dated for reference purposes only as of November
1996 and a Second Amendment to Lease dated for reference purposes only
as of January 4, 1999 (collectively, the "Lease"), with respect to
premises located at and commonly known as the entire 8' and 9t' floors
in the Broadway Building located at 0000 Xxxxx Xxxxxxxx Xxxxxx, Xxx
Xxxxxxx, Xxxxxxxxxx (hereinafter the "Premises" and the "Building",
respectively); and
B. On April 16, 1999 Landlord notified Tenant pursuant to Article
2.01 D. and Exhibit "I" of the Lease that the seventh (T) floor of the
Building was available to lease. In response, Tenant notified Landlord on
April 22, 1999 that it was not interested in exercising its right to
lease the seventh (T) floor of the Building.
C. The Landlord and Tenant now desire to further amend the Lease
as provided herein below.
NOW, THEREFORE, the Landlord and Tenant for good and valuable
consideration, the receipt of which is hereby acknowledged, amend the
Lease as follows:
AGREEMENT
1 . The foregoing Recitals are true and correct and incorporated
herein by this reference.
2. All capitalized terms not specifically defined herein shall
have the meanings set forth in the Lease.
3. This Amendment shall be read and construed with the Lease, and
all terms, covenants and conditions set forth in the Lease, except as
specifically amended herein, shall be and remain in full force and
effect.
4. Paragraph 1. of Exhibit "F" of the Lease entitled Grant of
Option is amended to provide that Tenant's written notice period to
exercise Tenant's first (Is') option to renew the Lease as to all of the
Premises is hereby extended from May 31, 1999 to and including July 31,
1999.
5. The parties hereto represent and warrant to the other that they
are authorized and empowered to enter into this Amendment and each of the
individuals executing this Amendment on behalf of the respective party
entities do hereby expressly warrant and represent to the other that they
are duly authorized to execute this Amendment on behalf of said entities
and to bind said entities to the terms of this Amendment.
6. In the event of any conflict between the terms, provisions and
covenants of the Lease and this Amendment, the terms, provisions and
covenants of this Amendment shall supercede and govern the actions of the
parties hereto.
IN WITNESS WHEREOF, this Amendment has been executed as of the day
and year first above written.
"LANDLORD"
TRANSAMERICA OCCIDENTAL LIFE
INSURANCE COMPANY INC., a California
Corporation
By:
Name:
Its:
"TENANT"
MAXICARE HEALTH PLANS, INC., a
Delaware corporation
By:
Name:
Its:
