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Exhibit 10.2
LEASE AMENDMENT 1
THIS LEASE AMENDMENT dated as of January 30, 1996, between 4501 Xxxx, X.X., a
Virginia Limited Partnership ("Landlord") having an office at 0000 Xxxx Xxxxx,
Xxxxxxxxx, Xxxxxxxx, and DIDAX, L.L.C., a Virginia Limited Liability Company
("Tenant") having an office at 0000 Xxxx Xxxxx, Xxxxxxxxx, Xxxxxxxx, recites and
provides
RECITALS:
By the lease dated as of September 12, 1995 (the "Existing Lease"), Landlord
leased to Tenant, and Tenant leased from Landlord, certain premises identified
as Suite 103 at the Xxxxxx Building, 0000 Xxxx Xxxxx, Xxxxxxxxx, Xxxxxxxx.
Tenant now desires to lease an additional suite identified as Suite 105 in the
Building from the Landlord and Landlord desires to lease Suite 105 to Tenant for
the remainder of the term under the Existing Lease. Landlord and Tenant,
therefore, desire to amend the Existing Lease as more particularly set forth
below by entering into this Lease Amendment.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing, the mutual agreements set
forth below and other good and valuable consideration, the receipt and
sufficiency of which are acknowledged, the parties agree as follows.
1. Demised Premises. For and in consideration of the rent hereafter
reserved and the mutual covenants hereinafter contained, Landlord does
hereby lease and demise unto Tenant, and Tenant does hereby like, lease and
accept from Landlord from the date hereof through the expiration of the
Term (as defined in Section 1.5 of the Existing Lease), and upon the terms
and conditions set forth hereafter and in the Lease, approximately 2,063
square feet of additional office space known as Suite No. 105 ("the
Additional Demised Premises") of the Building. The Additional Demised
Premises is outlined on the floor plan attached hereto as Exhibit A. Tenant
has inspected and approved the Additional Demised Premises, and agrees to
lease the same "AS-IS" except for the modifications described below in
Exhibit B. The "Demised Premises" as described in Section 1.1 of the
Existing Lease shall be referred to herein as the "Existing Demised
Premises."
2. Lease Commencement Date. The Lease Commencement Date in respect of the
Existing Demised Premises shall continue to be as set forth in the
Existing Lease. The Lease Commencement Date in respect of the Additional
Demised Premises shall be February 1, 1996.
3. Base Rent. The Annual Base Rent and Monthly Base Rent in respect to the
Existing Demised Premises shall continue to be as set forth in the Existing
Lease. In addition to the Annual Base Rent and Monthly Base Rent in respect
of the Existing Demised Premises, Tenant shall pay, in lawful money of the
United States, rental payments in accordance with the following schedule.
02/01/96 - 09/30/96 $12.75 per square foot per year, full service $2,191.94
10/01/96 - 09/31/97 $13.13 per square foot per year, full service $2,257.27
10/01/97 - 09/30/98 $13.53 per square foot per year, full service $2,326.03
If the Lease Commencement Date in respect to the Additional Demised
Premises is a date later
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than February 1, 1996, rent for the period commencing with and including
the Lease Commencement Date in respect of the Additional Demised Premises
and ending on and including the day prior to the first day of the following
month shall be prorated at the rate of one-thirtieth (1/30th) of the
Monthly Base Rent in respect of the Additional Premises per day and shall
be due and payable on the Lease Commencement Date in respect of the Demised
Premises.
4. Additional Rent. Tenant shall continue to pay additional rent for
Operating Expenses and for Real Estate Taxes in respect of the Demised
Premises as set forth in the Existing Lease. In addition and
notwithstanding any other provisions of the Lease, Tenant shall pay
additional rent for Operating Expenses and Real Estate Taxes in respect of
the Additional Demised Premises of 3.04% of the amount by which the sum of
the Operating Expenses and the Real Estate Taxes exceeds the Base Year
1996. Tenant's total percentage of the building is now 7.45%. Tenant shall
begin paying such amounts for Operating Expenses and Real Estate Taxes in
respect to the Additional Demised Premises as set forth in the Existing
Lease.
5. Ratification. Except as amended herein, the Existing Lease is ratified
and shall continue in full force.
WITNESS the following signatures:
Landlord:
4501 Xxxx, X.X.
By: Xxxxxxx X. Xxxxxx
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Its: General Partner 4501
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TENANT:
DIDAX L.L.C.,
By: /s/ X.X. Xxxxxx
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Its: Chairman & CEO
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EXHIBIT A
The Xxxxxx Building First Floor Job. No. 265.01-88
Date: February 15, 1995
XXXXX
DESIGN GROUP
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Exhibit B
Work Agreement
As soon as reasonably practicable after the full execution of this Lease
Amendment, Landlord, at Landlord's sole cost and expense, shall provide an
opening between the Demised Premises (Suite 105) and the Existing Demised
Premises (Suite 103). Said opening shall be no less than four (4) feet wide and
no greater than six (6) feet wide. The height of the opening shall be
approximately equivalent to a standard door height. Landlord, at Landlord's sole
discretion, shall determine the exact location of the opening.