Exhibit 10.5
THIRD AMENDMENT TO LEASE
AGREEMENT made as of the 28TH day of December, 2000, between INTERNATIONAL
BUSINESS MACHINES CORPORATION, a New York corporation, having its principal
office at Xxx Xxxxxxx Xxxx, Xxxxxx, Xxx Xxxx 00000 (hereinafter referred to as
"Landlord") and LEXMARK INTERNATIONAL, INC. a Delaware corporation, having an
office at 00 Xxxxxxxx Xxxxxx, X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxxxx 00000
(hereinafter referred to as "Tenant"),
W I T N E S S E T H
WHEREAS, the Landlord and the Tenant entered into an Amended and Restated Lease
dated January 1, 1991 as amended by Second Amendment dated January 1,
1994(hereinafter collectively called the "Lease"), covering space (the "Leased
Premises") in the building designated as Buildings 030/031 (hereinafter referred
to as the "Buildings") which Buildings are known by the name and street address
of 6300 Diagonal Highway, Buildings 030/031, situated on a plot of land located
in the City and County of Boulder, Colorado; and
WHEREAS, the Tenant desires to extend the lease.
NOW, THEREFORE, in consideration of the foregoing and for other good and
valuable consideration and of the mutual agreements hereinafter set forth, it is
hereby mutually agreed as follows:
1. The Tenant hereby exercises the Second Extended Term of the Lease with the
Landlord for a period of five (5) years commencing June 1, 2001 and expiring May
31, 2006.
2. (a) Section 3.02 of the Lease, entitled "Extended Term Rent", is hereby
amended to provide that the annual rent due under the Second Extended Term shall
remain the same as the First Extended Term for 200,464 net rentable square feet
at One million seven hundred twenty-five thousand Dollars ($1,725,000.00) for
the period from June 1, 2001 through March 31, 2003. The annual rent from April
1, 2003 through May 31, 2006 shall be increased from One million seven hundred
twenty-five thousand 00/100 Dollars ($1,725,000.00) to One million eight hundred
sixty-one thousand, one hundred eighty-four and 16/100 Dollars ($1,861,184.16),
and the monthly rent shall be increased from One hundred forty-three thousand,
seven hundred fifty 00/100 Dollars ($143,750.00) to One hundred fifty-five
thousand, ninety-eight 68/100 Dollars ($155,098.68).
(b) Effective April 1, 2003 through May 31, 2006 the annual rent for the 47,844
net rentable square foot addition shall be reduced from Seven hundred fifty-four
thousand, four hundred forty 00/100 Dollars ($754,440.00) to Three hundred ten
thousand, nine hundred eighty-six 00/100 Dollars ($310,986.00) and the monthly
rent shall be reduced from Sixty two thousand,
eight hundred seventy 00/100 Dollars ($62,870.00) to Twenty five thousand, nine
hundred fifteen 50/100 Dollars ($25,915.50).
4. Except as herein modified, the Lease shall continue in full force and effect
without change.
IN WITNESS WHEREOF, this instrument has been executed by the duly authorized
representatives of the parties hereto as of the day and year first above
written.
LANDLORD:
INTERNATIONAL BUSINESS MACHINES
CORPORATION
By: /s/ Xxxx Xxxxxx
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Title: Senior Program Manager
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TENANT:
LEXMARK INTERNATIONAL, INC.
By: /s/ Xxxxx X. Xxxxxxxxx
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Title: Vice President and Controller
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