FIRST AMENDMENT TO LEASE
This FIRST AMENDMENT TO LEASE (this "First Amendment") is made and
entered into as of this 13th day of July, 1998 by and between
ACQUIPORT DFWIP, Inc., a Delaware corporation ("Landlord") and SPORT
SUPPLY GROUP, INC., a Delaware corporation ("Tenant").
W I T N E S S E T H :
WHEREAS, Landlord's predecessor and Tenant entered into that
certain lease (the "Lease") dated July 28, 1989, whereby Landlord leased
to Tenant the premises described as 1901 Diplomat, Farmers Branch,
Texas, measuring approximately 137,670 rentable square feet (the
"Premise"), for a term ending July 31, 1999 (the "Term");
WHEREAS, the parties desire to extend the Term of the Lease and to
make certain other modifications to the Lease as provided herein.
NOW, THEREFORE, for Ten Dollars and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, Landlord and Tenant agree that the Lease shall be and is
amended as follows:
1. Incorporation of Lease Terms. The terms, conditions and
covenants of the Lease are incorporated herein by this reference except
to the extent expressly modified herein.
2. Term. The Termination Date is hereby extended to July 31,
2001.
3. Rent. Subsequent to July 31, 1999, the monthly payment of
minimum fixed rent shall be for $47,955.08.
4. Full Force and Effect. Except as modified herein, all other
terms and conditions of the Lease shall continue in full force and
effect. Any conflict between the provisions of this First Amendment and
the provisions of the Lease will be resolved in favor of this First
Amendment.
5. Limitation of Landlord's Liability. Redress for any claim
against Landlord under this Lease shall be limited to and enforceable
only against and to the extent of Landlord's interest in the Premises.
The obligations of Landlord under this Lease are not intended to and
shall not be personally binding on, nor shall any resort be had to the
private properties of, any of its trustees or board of directors and
officers, as the case may be, its investment manager, the general
partners thereof, or any beneficiaries, stockholders, employees, or
agents of Landlord or the investment manager.
IN WITNESS WHEREOF, Landlord and Tenant have respectively signed
this First Amendment as of the date first hereinabove set forth.
TENANT: LANDLORD:
SPORT SUPPLY GROUP, INC. , ACQUIPORT DFWIP, Inc.
a Delaware corporation a Delaware corporation
/s/ Xxxxx X. Xxxxxxxxxx
By: Xxxxx X. Xxxxxxxxxx By: Xxxxxx X. Xxxx
Title: President and Vice President
Chief Operating Officer Date: August 6, 1998
Date: July 17, 1998
WITNESSED: WITNESSED:
/c/ Xxxxx Xxxxxx Xxxxxxx X. Xxxxx