SECOND AMENDMENT TO OFFICE LEASE AGREEMENT
Exhibit
10.41
SECOND
AMENDMENT TO OFFICE LEASE AGREEMENT
THIS SECOND AMENDMENT TO OFFICE LEASE
AGREEMENT (“Amendment”) is made as of this 31st day of July 2009, by and between
XX XXXXXX, LP, a
California limited partnership (“Landlord”), and DOT VN, INC., a California
corporation (“Tenant”).
RECITALS
A, Landlord,
as successor-in-interest to Wood Creek Associates LLC and Tenant are parties to
an Office Lease Agreement dated June 2006 for certain real property commonly
known as Suite 114 of the building located at 0000 Xxxxxx Xxxxxx, Xxx Xxxxx,
Xxxxxxxxxx, the size being approximately 3,148 rentable square feet (the
“Premises”); and subsequently amended the Office Lease Agreement on July 1, 2008
(the “First Amendment to Lease”).
B. Landlord
and Tenant desire to further amend the Office Lease Agreement to extend the
Lease.
AGREEMENT
NOW, THEREFORE, for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged,
Landlord and Tenant agree as follows:
1. Effective Date. The
Effective Date of this Second Amendment shall be September 1, 2009 (“Effective
Date.”).
2. Term: The Term of
the Office Lease Agreement shall be extended for a period of thirteen (13)
months, commencing on September 1, 2009.
3. Base Rent. The
schedule of Base Rent, as set forth in Paragraph I.D, Page 1, of the Office
Lease Agreement, is revised to reflect, in accordance with this Second
Amendment, that as of the Effective Date, the Base Rent shall be as
follows:
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Period
|
Monthly
Base Rent
|
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09/01/09
– 10/31/09 (2 Months)
|
$3,305.40
|
|
11/01/09
– 03/31/10 (5 Months)
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$6,610.80
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04/01/10
– 09/30/10 (6 Months)
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$6,799.68
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4. Improvements. The
Landlord agrees to re-balance the HVAC units as necessary within the
Premises.
5. Full Force and
Effect. Except as expressly modified hereby, the Office Lease
Agreement shall remain unchanged and in full force and effect. All
references, herein and in the Office Lease Agreement and First Amendment, shall
mean, unless the context clearly indicates to the contrary, the Office Lease
Agreement as amended by this Second Amendment. Defined terms used
herein shall have the meaning set forth in the Office Lease Agreement, unless a
contrary meaning is contained in the First Amendment or in this Second
Amendment.
6. No Oral
Agreements. The Office Lease Agreement, the First Amendment
and this Second Amendment contain all of the agreements of the parties with
respect to the matters set forth herein, except for those terms and conditions,
incorporated herein by reference. There are no oral agreements or
understandings between the parties hereto affecting the Office Lease Agreement,
the First Amendment or this Second Amendment. Neither the Office
Lease Agreement, the First Amendment, nor this Second Amendment can be changed
or terminated orally but only by an agreement in writing signed by the party
against whom enforcement or any waiver, change, modification or discharge is
sought.
7. Successors and
Assigns. This Office Lease Agreement, as amended hereby, shall
apply to and bind Landlord and Tenant and their respective successors and
assigns.
IN WITNESS WHEREOF, Landlord and Tenant
have executed this Second Amendment as of the date first set forth
above,
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LANDLORD:
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Dated: ____________ | ||
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XX
XXXXXX, LP
a California limited partnership
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By:
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/s/ | |
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Xxxxxxxx
Xxxxxx, Controller/Property Manager
000
Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000
Xxx
Xxxxx, XX 00000
Notices: Attention
to Xxx Xxxxxxx/United Hansel Mgmt.
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TENANT:
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Dated: August 6, 2009 | ||
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Lessee: DOT VN,
INC.
a
California corporation
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By:
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/s/ Xxx Xxxxxxx | |
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Xxx
Xxxxxxx, President
0000
Xxxxxx Xxxxxx, Xxxxx 000
Xxx
Xxxxx, XX 00000
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