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Exhibit 10.6e
LEASE MODIFICATION NO. 4
THIS LEASE MODIFICATION NO. 4 ("Modification No. 4") is made effective
March 31, 1995, by and between J.M.J. PARTNERSHIP ("Landlord") and AMERICAN
GLASSMITH, INC., f/k/a THE NEW EDGEHILL CO., INC. ("Tenant").
BACKGROUND INFORMATION
A. Landlord and Tenant are parties to a Lease and Corrective Amendment
to Lease Agreement dated November 28, 1990, a Lease Modification No. 1 dated
October 19, 1992, a Lease Modification No. 2 dated June 8, 1993 and a Lease
Modification No. 3 dated January 31, 1995. The foregoing documents are
collectively referred to as the "Lease."
B. Landlord and Tenant desire to further modify and amend the Lease.
STATEMENT OF MODIFICATION
1. The time period for option to renew the term of the Lease shall be
extended to the close of business on or before May 31, 1995.
2. As consideration for the extension, Tenant shall pay within five (5)
business days after full execution of this Lease Modification No. 4 the sum of
Two Thousand Five Hundred Dollars ($2,500.00). An additional payment of Two
Thousand Five Hundred Dollars ($2,500.00) will be payable by Tenant to Landlord
on or before May 1, 1995.
3. Tenant shall have the right to further extend the time period for
the option to renew the term of the Lease for up to four (4) calendar months
(June-September). In order to further extend, however, Tenant must pay to
Landlord the additional sum(s) of Two Thousand Five Hundred Dollars ($2,500.00)
for each additional month extension--which payment must be made on or before the
first (1st) day of the applicable calendar month. Therefore, in order to extend
the time period through June 30, 1995, Tenant must make the additional payment
of Two Thousand Five Hundred Dollars ($2,500.00) on or before June 1, 1995.
4. As provided above, the requirement to pay Two Thousand Five Hundred
Dollars ($2,500.00) on or before May 1, 1995 is an absolute requirement.
Subsequent payments of Two Thousand Five Hundred Dollars ($2,500.00) are at
Tenant's discretion if it desires to further extend as above provided.
5. All payments made and to be made under the foregoing provisions
shall be non-refundable and not credited against rent or charges. Such payment
shall be deemed consideration for the extension granted by Landlord.
6. Initially, the term shall now expire May 31, 1996. In the event the
additional extensions are exercised by Tenant, as above provided, the term shall
automatically be extended for a like period. Therefore, if Tenant exercises all
of its options to extend the time for exercise of the renewal, the initial term
shall expire September 30, 1996.
7. The purchase option contained in Article V of the Lease shall be
deleted and of no further force or effect.
8. Attached to this Modification No. 4 is a copy of a drawing submitted
by the Franklin County Engineering Department. Landlord intends to convey by
deed, easement or otherwise, the property required by Franklin County, and
Tenant consents to and approves of such deed or easement. For the purposes of
Article XVI of the Lease, the twenty-five foot (25') provision shall be measured
from the new right-of-way.
9. Except as provided herein, all of the terms, provisions and
conditions of the Lease, as amended, shall continue in full force and effect.
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SIGNED AND ACKNOWLEDGED LANDLORD:
IN THE PRESENCE OF:
J.M.J. PARTNERSHIP
/s/ Xxxxx X. Xxxxxxx
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Xxxxx X. Xxxxxxx
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[PRINT NAME]
/s/ Xxxxx X. Xxxxxx
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Xxxxx X. Xxxxxx By: /s/ Xxxx Xxxxx
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[PRINT NAME] Xxxx X. Block, General Partner
TENANT:
AMERICAN GLASSMITH, INC.
/s/ Xxxxx X. Xxxxx
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Xxxxx X. Xxxxx
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[PRINT NAME]
/s/ X. Xxxxx
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X. Xxxxx By: /s/ Xxxxxxx Xxxxxxx
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[PRINT NAME]
Its: Vice President/Treasurer
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STATE OF OHIO :
: ss:
COUNTY OF FRANKLIN :
The foregoing instrument was acknowledged before me this 6th day of
April, 1995, by Xxxx X. Block, General Partner, J.M.J. Partnership.
/s/ Xxxxx X. Xxxxxx
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Notary Public
STATE OF MICHIGAN :
: ss:
COUNTY OF XXXXX :
The foregoing instrument was acknowledged before me this 4th day of
April, 1995, by Xxxxxxx Xxxxxxx, the Vice President of American Glassmith, Inc.,
on behalf of the corporation.
/s/ Xxxxx X. Xxxxx
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Notary Public
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CONSENT OF GUARANTOR
The undersigned, Guarantor, of the Lease between J.M.J. Partnership
(Landlord) and American Glassmith, Inc. (Tenant) does hereby consent to Lease
Modification No. 3 and agrees that the terms, provisions and conditions
contained herein are part of the Lease and said Guarantor is otherwise fully
bound under the terms of its Guarantee.
MASCOTECH, INC., a Delaware corporation,
f/k/a MASCO INDUSTRIES, INC.
By: /s/ Xxxxxx X. Xxxxxxx, Xx.
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Its: Secretary
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ATTACHMENT
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