Exhibit 10.8
THIRD AMENDMENT TO LEASE AGREEMENT
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This agreement made this 4 day of March, 2004 by and between Xxxxxx
Associates, a California Limited Partnership (hereinafter referred to as
"Lessor"), and Deposition Sciences, Inc., an Ohio Corporation (hereinafter
referred to as "Lessee").
RECITALS:
The parties hereto entered into a written lease agreement of
certain real property commonly known as 0000 Xxxxxx Xxxx in Santa Xxxx,
Sonoma County, California which is more particularly described in the
legal description attached as Exhibit "A" of said Lease property
("Lease Agreement"). The Lease was amended on April 16, 2001 and again
on June 20, 2001 (the "Amendments"). The Lease Agreement and the
Amendments are collectively referred to herein as the "Lease". The
Lease remains in full force and effect and neither party has declared
default as to the other party. Any capitalized terms not defined herein
shall have the meaning set forth in the Lease.
The parties wish to further modify certain provisions of the
Lease for a period of time commencing March 16, 2004 through March 15,
2006.
AGREEMENT
Now, therefore, it is mutually agreed as follows:
1. Section 3.2.1 is hereby added to the Lease to read as follows:
Section 3.2.1 Temporary Base Rent. Notwithstanding the provisions of
3.2, the Base Rent for the twenty four month period beginning March 16, 2004 and
ending March 15, 2006 shall be $89,000 per month commencing March 16, 2004, with
no increase during said twenty four month period.
The Third Amendment to the Lease Agreement will expire on March 15,
2006. Commencing March 16, 2006, and for so long as the Lease remains in effect,
the Base Rate shall be as set forth in the Lease, as if not modified by the this
Section 3.2.1.
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2. Except as herein and expressly otherwise expressly provided, all the
terms, conditions, and covenants of the Lease, as amended, shall be and remain
in full force and effect.
Xxxxxx Associates Deposition Sciences, Inc.
By /s/ Xxxx Xxxxxx By /s/ Xxxxx X. Xxxxxxxxxx
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Name: Xxxx Xxxxxx Name: Xxxxx X. Xxxxxxxxxx
Its: General Partner Its: President
Subject to the terms and conditions of the Subordination, Attornment,
and Nondisturbance Agreement dated June 15, 2001, between Washington Mutual
Bank, FA, Xxxxxx Associates and Deposition Sciences, Inc., Washington Mutual
Bank, FA acknowledges and approves the foregoing Third Amendment to Lease
Agreement as of this 9th day of August, 2004
Washington Mutual Bank, FA
By: /s/ Xxxx Xxxxxxxxx
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Name: Xxxx Xxxxxxxxx
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Its: Senior Vice President
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