SECOND AMENDMENT
This Second Amendment, dated April 25, 2005, is made to that Xxxxxxxxxxx Center
Lease Agreement dated June 27, 2001 and the First Amendment dated March 4, 2004,
by and between Xxxxxxxxxxx Center Limited Partnership (as "Landlord") and CDEX,
Inc. (as "Tenant") for the Premises located at 0000 Xxxxx Xxxx Xxxxx, Xxxxxx
000, 123, and 125, Tucson, Arizona.
All terms and conditions of the above referenced Agreements shall remain the
same except for the following modifications, which are to be incorporated
herein.
1. Landlord The successor landlord shall be Xxxxxxx Equity Partners, L.L.P.,
an Arizona Limited Liability Partnership.
2. Premises Landlord hereby leases to Tenant that certain real property
described on Exhibit "A" (the "Expansion Premises") for the
term, at the rental, and upon all the conditions set forth in
this Lease. The Expansion Premises is known as 0000 Xxxxx Xxxx
Xxxxx, Xxxxxx 000 and 407 containing approximately 3,650 square
feet.
Tenant's proportionate share of Operation Costs, Utility Costs
and Taxes shall be 4.66% for Expansion Premises.
3. Term The term of this Lease for the Expansion Premises and Tenant's
obligation to pay rent and other charges due hereunder shall
commence on June 1, 2005 (the "Commencement Date") and end on
December 31, 2005 unless extended by any terms described
hereunder.
4. Rent The monthly base rent for the Expansion Premises, beginning
June 1, 2005 through December 31, 2005, shall be $1,752.00 per
month. The monthly expenses shall be $876.00 per month for
Operating Costs, Utility Costs, and Real Estate Taxes (adjusted
annually, based on actual).
The total rent of $2,628.00 per month is an estimate only, which
may change, per the Tenant's obligations specified in the Lease.
5. Option to Provided Tenant has fully and faithfully performed its
Renew obligations under the Lease, the Tenant shall have the right to
renew the Lease for one (1) two-year period provided Tenant
notifies Landlord in writing prior to November 30, 2005, of its
intent to do so. If Tenant executes its Option to Renew, all
terms and conditions of the Lease Agreement shall remain the
same except for rent which shall be adjusted as follows:
From January 1, 2006 to December 31, 2006: the monthly rent
shall be $1,861.50 and from January 1, 2007 to December 31,
2007: the monthly rent shall be $1,971.00.
6. Improvements Prior to June 1, 2005, Landlord shall deliver to Tenant the
Expansion Premises in clean and good operating condition,
including all electric, plumbing, HVAC and fixtures. Landlord
shall also improve the Expansion Premises with the following
improvements described below:
o Remove and dispose of carpet in a 13' X 33' area to receive
sheet vinyl.
o Provide and install Medintech sheet vinyl with heat weld
seam and flash cove.
o Install two owner-provided Legacy doors and frames.
o Provide and install one pair of Legacy doors with a timely
frame.
o Touch up paint around door installation.
o Clean existing carpet.
Except as specifically stated herein, in all other respects, all other terms and
conditions of the Lease shall remain in full force and effect.
IN WITNESS WHEREOF, Landlord and Tenant have duly executed the Second Amendment
as of the date first above written.
LANDLORD TENANT
Xxxxxxx Equity Partners L.L.P., an Arizona CDEX, Inc.
Limited Liability Partnership
By: Xxxxxxx Corporation, an Arizona Corp By: /s/ Xxxxxxx Xxxxxxx
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Its: General Partner Its: Sr. VP Tech Ops
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Date: 5-11-05
By: /s/ Xxxxx X. Xxxxxx ------------------------
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Xxxxx X. Xxxxxx, President
Date: 5/17/05
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Attachments: Exhibit "A"
