EXHIBIT 10.9
AMENDMENT A TO LEASE AGREEMENT
As of March 15, 1999
1. Reference is made to lease dated as of October 30, 1998, by and between
Hood Business Park LLC, a Massachusetts Limited Liability Company, as landlord
("Landlord"), and HarvardNet Inc., a Delaware corporation, as tenant ("Tenant").
Said lease is hereinafter referred to as "the Lease".
2. Landlord and Tenant hereby agree that the Lease is modified in the
following respects:
(A) On or before March 15, 1999 (hereinafter referred to as "Delivery
Date"), Landlord shall deliver to Tenant approximately one thousand
three hundred sixteen (1,316) square feet of additional warehouse
space outlined in red upon Exhibit B-1/Warehouse ("the expansion
warehouse space"). Also, upon Delivery Date Landlord shall deliver
to Tenant approximately twelve hundred (1200) square feet of
mezzanine warehouse space comprising mezzanine floor area over the
warehouse space now occupied by Tenant pursuant to the Lease ("the
mezzanine space"). Tenant's warehouse space as increased by the
expansion warehouse space and the mezzanine space shall be deemed to
be twenty thousand and thirty five (20,035) square feet of floor
area for all purposes of the Lease provided, however, that no Fixed
Rent shall be payable on the mezzanine space. The mezzanine space
shall be made accessible to Landlord twenty four (24) hours per day,
seven (7) days a week for incidental Building maintenance. Tenant
shall carry the insurance required to be carried by Tenant under the
Lease also on the expansion warehouse space and the mezzanine space.
(B) On the Relocation Date (hereinafter defined), Landlord shall deliver
to Tenant and Tenant shall take possession of certain additional
office
space premises (hereinafter referred to as the "additional office
space") on the second floor of the Building. The additional office
space contains approximately sixteen thousand one hundred eighty
(16,180) square feet of floor area, and is outlined in red upon
Exhibit B-1/Office attached hereto and made a part hereof. Landlord
agrees to deliver the additional office space upon the substantial
completion of the work required of Landlord as set forth on Exhibit
B attached hereto and made a part hereof; and such date of delivery,
which is scheduled to be on or before June 7, 1999, shall be "the
Relocation Date". Landlord's Work on the additional office space
shall be performed at Landlord's sole cost and expense and shall be
deemed substantially complete when the architect in charge of the
construction so certifies. Landlord shall permit Tenant and its
contractor access (at Tenant's sole risk) for installing equipment
and furnishings in the additional office space prior to the
Relocation Date if it can be done without material interference, or
delay of, Landlord's Work in the additional office space. Landlord's
Work shall be deemed to have been performed upon the Relocation Date
except for items which were incomplete or do not conform with the
requirements of Exhibit B and as to which Tenant shall, in either
case, have given written notice to Landlord prior to the Relocation
Date, except for latent defects or seasonal defects of which notice
is given to Landlord within twelve (12) months of the Relocation
Date. Tenant shall perform, at its own cost and expense, any
additional work beyond that to be performed by Landlord pursuant to
Exhibit B hereof; and required to prepare the additional office
space for Tenant's occupancy (pursuant to plans and specifications
approved by Landlord, which consent shall not be unreasonably
withheld or delayed), and Tenant shall equip the additional office
space with all trade fixtures and personal property suitable or
appropriate to the regular normal operation of the type of business
in which Tenant is engaged. From and after Relocation Date, the
original office space containing six thousand two hundred eighty
(6280) square feet of floor area, the additional office space
containing sixteen thousand one hundred eighty (16,180) square feet
of floor area, and the warehouse space as increased by the expansion
warehouse space and the mezzanine space and containing twenty
thousand thirty five (20,035) square feet of floor area, ("the new
demised premises") shall be the
demised premises for all purposes of the Lease.
(C) The Original Term of the Lease shall be extended for a period of
five (5) years from the Relocation Date (the "new Original Term").
(D) The Fixed Rent payable by Tenant shall be payable as follows:
(i) Tenant shall continue to pay Fixed Rent to Landlord on the
original office space at the annual rate of $147,580.00 per annum;
$12,298.33 per month through the expiration of the new Original
Term.
(ii) During the period commencing on the Relocation Date and
continuing through the expiration of the new Original Term, the
Fixed Rent payable for the additional office space shall be payable
at the annual rate of $24.70 per square foot on 16,180 square feet
or $399,646.00 per annum;$33,303.83 per month. The total combined
Fixed Rent payable for the original office space and the additional
office space shall be $547,226.00 per annum; $45,602.16 per month.
(iii) Tenant shall pay Fixed Rent for the warehouse space as
presently set forth in the Lease through the new Original Term; and,
commencing on the Relocation Date and thereafter until the
expiration of the new Original Term, also on the expansion warehouse
space at the annual rate of $13.00 per square foot. From and after
the Relocation Date, the Fixed Rent payable for the warehouse space
as increased by the expansion warehouse space and the mezzanine
space shall be $222,956.25 per annum; $18,579.69 per month,
in each case payable as set forth in Section (A) of Article 5 of the
Lease.
(E) Appropriate prorations shall be made for the month during which the
Relocation Date shall occur for the monthly payments to be made
pursuant to the provisions of Section (B) of Article 5 of the Lease
with an appropriate proration being made for any Tax Year or other
fiscal period during which the Relocation Date shall occur. From and
after the Relocation Date, Tenant shall pay the additional rent set
forth in Section (C) of Article 5 of the Lease on the new demised
premises in
the manner determined and set forth in the Lease.
3. Except as expressly modified herein, the Lease shall remain unmodified
and in full force and effect.
4. This Amendment A shall be binding upon and shall inure to the benefit
of Landlord and Tenant and their respective legal representatives, successors
and assigns.
In Witness Whereof, Landlord and Tenant have caused this Amendment A to be
executed as a sealed instrument as of the day and year first above written.
LANDLORD:
HOOD BUSINESS PARK LLC
BY: CATAMOUNT ▇▇▇▇▇▇▇▇▇▇ LLC
ITS MANAGER
/s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇
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▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, Manager
TENANT:
HARVARDNET INC.
/s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
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▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, President
/s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇
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▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Treasurer
(Corporate Seal)
EXHIBIT B
LANDLORD'S REQUIRED WORK
EXHIBIT B-1/OFFICE
EXHIBIT B-1/WAREHOUSE
