FIRST AMENDMENT TO LEASE
Exhibit 10.2
0000 Xxxxxx Xxx
Madison, Wisconsin 53717
FIRST AMENDMENT TO LEASE
The lease ("Lease") between Old Sauk Trails Park Limited Partnership ("Landlord") and TomoTherapy, Incorporated ("Tenant") for premises in the building located at 0000 Xxxxxx Xxx xx xxx Xxxx xx Xxxxxxx, Xxxx Xxxxxx, Xxxxxxxxx, is amended as follows:
The Premises shall include seven underground, concrete bunkers on the west side of the Building (as shown on Exhibit A, revised 4/1/04) designated for the testing of Tenant's product and/or its components for research and/or manufacturing purposes (the "Test Bunkers"). The Test Bunkers shall be installed at Tenant's expense, but on surrender of the Premises by Tenant to Landlord, Landlord shall assume responsibility for the Test Bunkers and Tenant shall not be required to remove them.
2. Section 3.02(d)(iv) is amended to read as follows:
(iv) Separate Meters. Tenant agrees that (1) because it occupies over ninety percent of the area of the Building, (2) because the area of the test bunkers is not considered in the assessment of Additional Rent, and (3) because its operations consume a higher than normal amount of electricity; the electric meters for usage in the Building and on the Site will be billed directly to the Tenant and Subsections 3.02(a)(v) and 3.02(d)(i), (ii) and
(iii) are deleted from the Lease.
This Amendment will be effective as of May 1, 2004.
LANDLORD |
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TENANT |
Old Sauk Trails Park Limited Partnership |
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TomoTherapy Incorporated |
Old Sauk Trails Park Development Company, gen'I partner |
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0000 Xxxxxx Xxx Xxxxxxx XX 00000-0000
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/s/ Xxxxxx Xxxxxxxx |
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/s/ Xxxx X Xxxxx |
Xxxxxx Xxxxxxxx, President |
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Xxxx X. Xxxxx, C.E.O |
