EXHIBIT 10.28
AMENDMENT #3 TO OFFICE SPACE LEASE AGREEMENT
On November 27, 2000, Ft. Round Rock, Ltd. as "Landlord", and Aventis
Pharmaceuticals, Inc., as "Tenant" entered into a Lease Agreement ("Lease"), as
amended by Amendment #1 dated February 28, 2001 and Amendment #2 dated November
19, 2003 covering approximately 10,423 square feet in Suite 450 at 1 Xxxxxxxx
Trail, Round Rock, Xxxxxxxxxx County, Texas, in a project known as Old Town
Square. On January 30, 2004 the Lease was assigned to Zix Corporation.
Landlord and Tenant desire to amend the terms of the Lease Agreement as
follows:
1. Xxxxxxxxx 0, Xxxx, is hereby amended to provide that the term shall be
extended to terminate on December 31, 2007.
2. Paragraph 3, Rent, is hereby amended to provide that the base monthly
rental shall be as follows:
January 1, 2005-December 31, 2007: $15,200.21/month ($17.50
psf/year);
3. Paragraph 9, Operating Expenses, shall be amended to provide that Tenant
agrees to pay as additional rent Tenant's proportionate share of operating
expenses increases above a 2005 Base Year.
4. Paragraph 39, Special Provisions, is amended to provide that the Tenant
shall have the option to renew this lease for five (5) years at 90% of
market, by giving Landlord no less than one hundred eighty days (180)
written notice of their desire to renew this lease.
5. Paragraph 40, First of Right Refusal, Landlord will provide Tenant with a
first right of refusal after September 30, 2005 for any contiguous space
on the fourth floor. Landlord shall provide Tenant with any bona fide
offer from third party. In the event Tenant does not notify Landlord
within three days of their acceptance of such lease terms then such First
Right of Refusal shall terminate.
The lease is hereby otherwise ratified and confirmed in all respects.
Executed at Austin, Xxxxxxxxxx County, Texas on this 23rd day of September
2004.
TENANT: ZIX CORPORATION
/s/ Xxxx X. Xxxx
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By: Xxxx X. Xxxx
Chairman : CEO
LANDLORD: FT. ROUND ROCK, LTD.
By: Live Oak Development, Inc. Gen. Partner
/s/ Xxxxxx X. Xxxx
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By: Xxxxxx X. Xxxx
Title: President
