SECOND AMENDEMENT TO LEASE
This Amendment amends that certain Lease dated March 22, 1995, as amended by a
First Amendment to Lease regarding Addition of Extra Space, dated September 14,
1995 (collectively, the "Lease") between Xxxxxxxxxxx X. Xxxxx, Landlord; and
Apex P.C. Solutions, Inc., Tenant.
The Lease is amended as follows:
1. Xxxxxxxxxxx X. Xxxxx, Trustee of The Xxxxx Industrial Building Trust is now
the Landlord.
2. Tenant agrees to lease additional space (The Xxxxxx Space) depicted by
cross-hatching on Exhibit A in the Xxxxx Industrial Building at 00000
000xx Xxx. NE, Woodinville, WA consisting of approximately 11,261 sq. ft.
warehouse/assembly space including approximately 1,250 sq. ft. of ground
level office and 1,250 sq. ft. of second level office. The terms of the
Lease regarding The Xxxxxx Space shall be as follows:
a) Lease Term: Commencing on the Turnover Date (see paragraph 3) and
ending on January 31, 2001.
b) Permitted Uses: Same as basic Lease.
c) Parking: 16 additional stalls are allocated to Tenant.
d) Base Rent: $6,050 per month through January, 1999, and $6,595 per
month thereafter.
e) Other Periodic Payments: Tenant will be responsible for 100% of all
NNN expenses after the Turnover Date.
3. Tenant and Xxxxxx Communications, Inc. have executed a Turnover Agreement
establishing the Turnover Date, addressing the removal of personal
property, debris, cleaning, repairs, utility transfers, etc. Landlord is
not responsible to repair damage done by Xxxxxx. Xxxxxx accepts the Xxxxxx
space "as is" subject to any repairs Xxxxxx has agreed to make in the
Turnover Agreement. Xxxxxxxx is not responsible for a delay in Xxxxxx's
occupancy caused by Xxxxxx'x failure to vacate on the agreed Turnover Date.
Tenant shall look solely to Xxxxxx for delay damages, if any.
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4. Tenant shall pay Landlord $6,050 additional security deposit. Xxxxxx's
security deposit with Xxxxxxxx will thus be increased by $6,050 to $16,970
and will be held in escrow by Xxxxxx, Xxxxx & Xxxxxxx.
5. No other provisions of the basic Lease are changed by this amendment, and
all such provisions shall apply to The Xxxxxx Space, except as specifically
amended herein.
Signed this 13th day of March, 1997.
Landlord: Tenant:
Xxxxx Industrial Building Trust Apex P.C. Solutions, Inc.
by: /s/ X.X. Xxxxx Trustee by: /s/ Xxxxx X. Xxxxx President
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