AMENDMENT TO YEON BUSINESS CENTER LEASE AGREEMENT
EXHIBIT
10.4
AMENDMENT
TO YEON BUSINESS CENTER LEASE AGREEMENT
(3330
NW Yeon)
DATED:
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_________________,
2005
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BETWEEN:
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SCHNITZER
INVESTMENT CORP.,
|
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an
Oregon corporation
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(“Landlord”)
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AND:
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SCHNITZER
STEEL INDUSTRIES,
INC.,
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an
Oregon corporation
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(“Tenant”)
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Recitals:
A. Landlord
and Tenant are parties to a Yeon Business Center (3330 NW Yeon)
Lease Agreement dated August 7, 2003 (the “Lease”).
B. Contemporaneously
with the execution of this Amendment to Yeon Business
Center Lease Agreement (the “Amendment”), the parties are executing
an Amendment to Yeon Business Center (3200
NW Yeon) Lease Agreement (the “3200 Lease Amendment”) pursuant to which Tenant
will expand its premises in the building in the Project located at 0000 XX
Xxxx
Xxxxxx (the “3200 Building”). Landlord and Tenant desire to terminate the Lease
after Tenant vacates the Premises and relocates into its expanded premises
in
the 3200 Building.
C. Capitalized
terms which are used in this Amendment and which are defined
in the Lease shall have the meanings given to them in the Lease, unless
expressly amended by this Amendment.
Agreements:
NOW,
THEREFORE, in consideration of the mutual promises of the parties
set forth in this Amendment, the receipt and sufficiency of which are
acknowledged, the parties agree as follows:
1. Termination
of Lease. Effective on the later of:
(a) the date on which Tenant vacates the Premises and returns possession of
the
Premises to Landlord in the condition required by the Lease, and (b) the
Expansion Space Commencement Date, as defined in the 3200 Lease Amendment (the
“Effective Date”), the Lease shall terminate and all rights and obligations of
Landlord and Tenant under the Lease shall terminate except for rights and
obligations accrued as of the Effective Date.
2. Effect
of Amendment. Landlord and Tenant ratify
and confirm all provisions of the Lease. Except as expressly amended by this
Amendment, the Lease remains unmodified and in full force and
effect.
IN
WITNESS WHEREOF, the parties have executed this Amendment effective as
of the date first set forth above.
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LANDLORD:
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SCHNITZER
INVESTMENT CORP., an Oregon
corporation
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By:
Its:
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TENANT:
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SCHNITZER
STEEL INDUSTRIES, INC., an Oregon
corporation
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By:
Its: