EXHIBIT 10.4.1
LEASE ADDENDUM TWO FOR MODIFICATION OF RENT
AND OPTION FOR EARLY TERMINATION OF LEASE
THIS ADDENDUM DATED November 11, 2003 (for reference purposes only) shall be
attached to and considered part of that certain Lease Agreement entered into by
and between Xxxxx X. Roswell d/b/a Burbank East Business Park, ("Landlord"), and
Biopool International, Inc. d/b/a Xtrana, Inc., a Delaware Corporation
(Tenant"), dated December 19, 2001, as modified by the Lease Addendum One for
Increase In Space Dated December 21, 2001. For the promises contained herein,
and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties agree as follows.
The following provisions shall hereby modify the aforementioned Lease Agreement,
as modified by the Lease Addendum One for Increase In Space Dated December 21,
2001.
1. GROSS RENT ABATEMENT. Landlord and Tenant agree to a 6 month partial
abatement of the Gross Rent in the amount of $5,000 per month for a 6
month period commencing on December 1, 2003, and expiring on May 31,
2004. During this abatement time period, Tenant shall pay Landlord as
Gross Rent the sum of FOURTEEN-THOUSAND EIGHT-HUNDRED THIRTY-NINE
DOLLARS AND 75/100 ($14,839.75) on or before December 1, 2003, and a
like sum on or before the first day of each and every successive
calendar month thereafter and expiring March 31, 2004. Landlord and
Tenant agree that commencing on April 1, 2004, and expiring on May 31,
2004, Tenant shall pay Landlord as Gross Rent the sum of
FIFTEEN-THOUSAND THREE-HUNDRED THIRTY-FOUR DOLLARS AND 44/100
($15,334.44).
2. ABATED RENT REPAYMENT. This abated Gross Rent shall accrue interest at
the rate of 6% per annum and shall be paid in full, without deduction
or offset in lawful money of the United States on or before June 1,
2004. Commencing on June 1, 2004 the Gross Rent shall continue at the
unabated rate as set forth in the Lease Agreement and Lease Addendum
One on a monthly basis, continuing until the expiration of the lease as
set forth in the Lease agreement and Lease Addendum One.
3. AMENDMENT TO LETTER OF CREDIT. On or before December 1, 2003, Tenant
shall provide landlord with a second amendment to the Irrevocable
Standby Letter of Credit No. STR19435, dated April 9, 2002, as amended
by the Amendment to Irrevocable Standby Letter of Credit No. STR19435
dated January 21, 2003, to increase the amount of the Irrevocable
Standby Letter of Credit to the sum of $137,500, effective for the one
year time period December 1, 2003 through December 1, 2004. On or after
December 1, 2004, Tenant shall provide Landlord with a third amendment
to the Irrevocable Standby Letter of Credit reducing the sum to
$62,046, as per the original Lease.
4. OPTION FOR EARLY TERMINATION OF LEASE. After December 1, 2003, Tenant
shall have the option to effect an early termination of the Lease
Agreement, as amended, upon timely notice and payment of one half of
the remaining Base Rent due under the lease agreement, plus payment of
the abetted Gross Rent, plus accrued interest amount referenced in
paragraph 1 and 2 of this Lease Addendum Two, less the amount of the
security deposit in the sum of $31,022.40, plus any cost of repair or
cleaning as provided in paragraph 6 of the Lease Agreement
("Termination Payment").
Tenant shall provide Landlord with written notice of its election to
exercise its option for early termination sixty (60) days prior to
termination. In the event Tenant exercises its option for early
termination, and conditioned upon receipt of the Termination Payment as
set forth in this paragraph, the Irrevocable Standby Letter of Credit
No. STR19435 and Amendments thereto shall be null and void, and will be
released by Landlord. Landlord agrees to release Tenant from all
obligations under the Lease Agreement upon receipt of the Termination
Payment.
5. MASTER LEASE. It is hereby agreed and understood between Landlord and
Tenant that this Lease Addendum does not apply to any Sublease
Agreement.
6. ALL OTHER TERMS AND CONDITIONS OF THE LEASE. It is hereby agreed and
understood between Landlord and Tenant that all other terms and
conditions of the Lease Agreement and attachments, addenda and exhibits
thereto, including, without limitation, Lease Addendum One for Increase
in Space, shall be unmodified and shall remain in full force and
effect.
LANDLORD: TENANT:
Xxxxx X. Roswell
DBA Burbank East Business Park Biopool International, Inc.
/s/ Xxxxx X. Roswell
By: /s/ Xxxxx X. Roswell By: /s/ Xxxxxxx X. Xxxxxxxx
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Xxxxx X. Roswell Xxxxxxx X. Xxxxxxxx
Chief Financial Officer
Date: November 11, 2003 Date: November 11, 2003
