SIXTH AMENDMENT TO STORAGE SPACE RENTAL AGREEMENT
Exhibit 10.6
SIXTH AMENDMENT TO STORAGE SPACE RENTAL AGREEMENT
THIS SIXTH AMENDMENT TO STORAGE SPACE RENTAL AGREEMENT (this “Sixth Amendment”) is
made and entered into the ___day of October, 2005, by and between HYATT PLAZA LIMITED PARTNERSHIP,
a Virginia limited partnership (the “Landlord”) and XYBERNAUT CORPORATION, a Delaware
corporation, formerly known as Computer Products and Services, Inc. (the “Tenant”), with
reference to the following:
RECITALS
A. Landlord leased to Tenant certain Premises (as defined therein) pursuant to the terms and
conditions of that certain Office Lease Agreement dated November 1, 194 (the “Original
Lease”), as amended, (the Lease).
B. Pursuant to that certain Storage Space Rental Agreement dated as of January 15, 1997 (the
“Original Agreement”), as amended by (i) that certain First Amendment to Storage Space
Rental Agreement dated September 2, 1997 (the “First Amendment”), (ii) that certain Second
Amendment to Storage Space Rental Agreement dated August 20, 1998 (the “Second Amendment”);
(iii) that certain Third Amendment to Storage Space Rental Agreement dated April 1, 2003 (the
“Third Amendment”); (iv) that certain Fourth Amendment to Storage Space Rental Agreement
dated August 18, 2003 (the “Fourth Amendment”); (v) that certain Fifth Amendment to Storage
Space Rental Agreement dated March 16, 2005 (the “Fifth Amendment”) (the Original
Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment
and this Sixth Amendment are hereinafter collectively referred to as the “Agreement”) by
and between Landlord and Tenant, Landlord leased to Tenant certain storage space located on the
lower level of the building commonly known as Hyatt Plaza, 00000 Xxxx Xxxxx Xxxxxx, Xxxxxxx,
Xxxxxxxx 00000 (the “Building”), which storage space is more particularly described in the
Agreement; and
C. Tenant desires to vacate a portion of its leased storage space and to retain the remaining
part of its leased storage space; and
D. Landlord and Tenant desire to further amend the Agreement as more particularly described
herein subject to approval by the United States Bankruptcy Court for the Eastern District of
Virginia.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Landlord and Tenant agree as follows:
1. All capitalized terms used in this Sixth Amendment, unless specifically defined herein,
shall have the same meaning and definition as used in the Agreement.
2. On or before October 31, 2005 Tenant shall vacate and surrender Four Hundred (400) square
feet (the “Surrendered Space”) of the One Thousand Two Hundred Eight Three (1, 283) square feet of
storage space it currently leases from Landlord, as more particularly described in Exhibit “A”
attached hereto. Thereupon, the Agreement shall terminate as to the Surrendered Space. Time is of
the essence. Tenant shall continue to lease from Landlord the remaining Eight Hundred Eight Three
(883) square feet of storage space which is known as the Large Storage Space until the expiration
date of the Lease, i.e. January 31, 2006 (the “Storage Space Rental Agreement Expiration Date”).
3. Tenant agrees to accept the Large Storage Space in its “as is” and “where is” condition,
and Landlord will have no obligation to make any improvements or modifications whatsoever to the
Large Storage Space.
4. Landlord and Tenant agree that the monthly Base Rent for the Large Storage Space shall be
Eight Hundred Eighty Three Dollars ($833) which amount is based on $12.00 per square foot of
Rentable Area in the Large Storage Space.
5. Tenant shall vacate and surrender the Large Storage Space in accordance with the Agreement
no later than the Storage Space Rental Agreement Expiration Date. Tenant shall remove all of its
property from the Large Storage Space no later than the Storage Space Rental Agreement Expiration
Date.
6. Except as expressly modified by this Sixth Amendment, the Agreement remains unchanged and
in full force and effect in accordance with its terms.
IN WITNESS HEREOF, Landlord and Tenant have executed this Sixth Amendment as of the day and
year first above written.
| LANDLORD: | ||||||
| HYATT PLAZA LIMITED PARTNERSHIP, a Virginia limited partnership |
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| By: | FAIR LAKES HYATT LIMITED PARTNERSHIP, a Virginia limited partnership, its general partner |
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| By: | Fair Lakes of Virginia, Inc., a Virginia corporation, its general partner | |||||
| By: | ||||||
| Name: | ||||||
| Title: | ||||||
| TENANT: | ||||||
| XYBERNAUT CORPORATION, formerly known as Computer Products and Services, Inc., a Delaware corporation | ||||||
| By: | ||||||
| Name: | ||||||
| Title: | ||||||
