1
Exhibit 10.26
FOURTH AMENDMENT OF OFFICE BUILDING LEASE AGREEMENT
WHEREAS, XXXXXX ADREAC L.C., and NEON SYSTEMS, INC. ("Tenant") entered
into a certain Lease Agreement dated October 23, 1997 ("the Lease Agreement");
and
WHEREAS, TA/Sugar Creek Place, Ltd., a Texas limited partnership
("Landlord"), acquired the Leased Premises and was assigned the Landlord's
interest under the Lease Agreement effective as of November 10, 1998;
NOW, THEREFORE, the parties Landlord and Tenant hereby agree that the
Lease Agreement shall be amended as follows:
1. The Leased Premises as defined in Section 1.01 of the Lease Agreement
is hereby amended to mean and read;
(a) All of floor 5 of the Building calculated by Landlord to be
twenty five thousand nine hundred eighteen (25,918) square
feet of Net Rentable Area, and (b) all of floor 4 of the
building calculated by landlord to be twenty five thousand
eight hundred fourteen (25,814) square feet of Net Rentable
Area (same being Option Space 1, Option Space 2 and Option
Space 3 as referenced on Amended Exhibit H-1 of the Lease
Agreement) as reflected on the floor plan(s) of the Leased
Premises referenced Amended Exhibit B-1. Tenant shall have the
right to verify the Net Rentable Area of the Leased Premises
as so calculated by Landlord, and Landlord agrees to cooperate
with Tenant and tenants' architect with respect thereto.
2. The leasehold improvements in Option Space 3 will be designed and
constructed in accordance with Amended Exhibit H-1. Landlord
acknowledges that Tenant is entitled to the full allowance of $16.50
per square foot of Net Rentable Area in Option Space 3.
3. Landlord acknowledges that in connection with Tenant's exercise of the
Third Expansion Option, Tenant also elected to extend the Termination
date of the Lease as to the initial Leased Premises, Option Space 1,
Option Space 2 and Option Space 3 until the fifth anniversary of the
Expansion Commencement Date of Option Space 3; accordingly, the
termination Date of the Lease is now March 31, 2005 (subject to any
adjustment of the Option Space 3 Expansion Commencement Date in
accordance with Amended Exhibit H).
Except as changed and modified herein the terms and provisions of Lease
Agreement continue in full force and effect.
All capitalized terms used herein (and not otherwise defined herein) shall have
the meanings attributed to them in the Lease Agreement.
IN WITNESS WHEREOF this instrument has been executed this __________
day of ______________________, 1999.
"LANDLORD" "TENANT"
TA/SUGAR CREEK PLACE LTD. NEON SYSTEMS, INC.
A Texas limited partnership
By its general partner
Xxxxxx Adreac Management, L.C.
A Texas limited liability company
By: _____________________________ By: __________________________________
Name: Xxxxxxx Van Name: Xxxx X. Xxxxxxx
Title: Exec. Vice President Title CFO
