FOURTH AMENDMENT TO LEASE
This Fourth Amendment to Lease is made and entered into this 18th day of
October, 1995, by and between THE MUTUAL LIFE INSURANCE COMPANY OF NEW YORK,
hereinafter called "Landlord", and HEALTH RISK MANAGEMENT, INC., hereinafter
called "Tenant".
WHEREAS, Landlord and Tenant entered into a lease agreement dated August
14, 1987 which was amended on June 25, 1990, January 8, 1992, and May 12, 1994
(the lease agreement and amendments are hereinafter collectively referred to as
the "Lease"), wherein Landlord leased to Tenant the Demised Premises as defined
in the Lease located at 0000 Xxxx 00xx Xxxxxx, Xxxxx, Xxxxxxxxx (the
"Building").
WHEREAS, Landlord and Tenant mutually desire to further amend the Lease
with respect to base and additional rent for the Existing Space as hereinafter
provided.
NOW THEREFORE, it is mutually agreed as follows:
1. Existing Space Base Rent. Section 4 of the Third Amendment to Lease (which
amended Section 3 of the August 14, 1987 lease agreement) is hereby deleted.
Section 3 of the Lease is hereby amended to provide the following schedule of
Base Rent for the Existing Space:
Rentable
Period Area Per S.F. Rate Monthly Rate
1/1/95 - 6/30/95 51,393 $14.54 $62,271.85
7/1/95 - 6/30/96 51,393 $14.79 $63,341.87
7/1/96 - 6/30/97 51,393 $15.04 $64,412.56
7/1/97 - 9/30/98 51,393 $15.29 $65,483.25
2. Section 6 of the Third Amendment to Lease (which amended August 14, 1987
lease agreement) is hereby Section 4 of the deleted. For the period commencing
January 1, 1995 and continuing for the remaining term of the Lease, the
introductory paragraph of Section 4 of the Lease shall read as follows:
Operating Costs Adjustment. The Base Rent payable pursuant to Section 1
of the Fourth Amendment to Lease is predicated, in part, upon an
operating cost "stop" for the Building of $5.79 per rentable square
foot. Tenant shall pay to Landlord as additional rent for the Existing
Space the amount derived by multiplying 51,393 (being the rentable area
of the Existing Space)by the amount by which the total annual operating
costs of the Building exceed $5.79 per rentable square foot.
3. Section 4(B) of the Lease as originally agreed by Landlord and Tenant on
August 14, 1987 is reinstated as to the Existing Space as of January 1, 1995 and
any contrary provisions of the Lease shall be disregarded as to such period.
4. The parties acknowledge that projected Operating Costs for 1995 are $6.83.
Commencing with rent due on January 1, 1995 and continuing until Landlord's
projection shall be revised, Tenant shall pay in addition to Base Rent adjusted
Operating Costs of $ 1.04 per rentable square foot per month.
TENANT: LANDLORD:
HEALTH RISK MANAGEMENT, INC. THE MUTUAL LIFE INSURANCE
COMPANY OF NEW YORK
BY: /s/Xxxxxx X. Xxxxx BY: Illegible
ITS: Chief Financial Officer ITS: Vice President
DATE: 10/18/95 DATE: 12/6/95
