Exhibit 10.04
LEASE EXTENSION
We, the undersigned, hereby agree to renew and extend that lease (Lease)
between Sunbeam Properties, Inc. (Lessor) and Heartware, Inc. f/k/a Perpetual
Medical, Inc and successor to Kriton Medical, Inc. (Lessee) on property located
at 0000 Xxxxxxxxx Xxx, Xxxxxxx, Xxxxxxx Xxxxxx, Xxxxxxx 00000, Florida, for an
additional one year, commencing May 1, 2004 and ending on April 30, 2005. The
monthly rent is to be as follows:
$15,615.37 per month plus applicable sales tax from May 1, 2004 thru April
30, 2005, to be paid in advance on the 1st day of each month;
Such payments are in addition to all other payments to be made under the
Lease by Lessee, including but not limited to Lessee's obligation to pay
increases in Expenses above the Base Year Expenses as described in Paragraphs 25
thru 28.
Lessee and Lessor each represent to the other that CB Xxxxxxx Xxxxx is the
only broker that may be due a commission from this Lease Extension. Such
commission, if due, shall be paid by Lessor.
Within three (3) days of execution of this Lease Extension, Lessor shall
refund $14,300.25 of Lessee's security deposit to Lessor. This shall satisfy the
refund requirements of Lease Paragraph 45. The remaining balance of the security
deposit ($14,300.25) shall continue to be held by Lessor pursuant to the terms
of the Lease.
All other terms and conditions will remain unchanged, except for:
Paragraph 22: Replace "liability insurance containing a single limit of not
less than $500,000.00 for both property (including but not limited to fire
hazard) and bodily injury" with "liability insurance containing a single limit
of not less than $1,000,000.00 for both property (including but not limited to
fire hazard) and bodily injury".
Paragraphs 36 & 37: These Paragraphs are hereby deemed null and void.
LESSOR: Sunbeam Properties, Inc.
/s/ Xxxxx Pink /s/ Xxxxxx X. Xxxxx
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Witness Sign Name Xxxxxx X. Xxxxx, V.P.
Xxxxx Pink 1/23/04
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Witness Print Name Date 1/23/04
/s/ Xxxxxxx XxXxxxx
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Witness Sign Name
Xxxxxxx XxXxxxx
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Witness Print Name
LESSEE: Heartware, Inc.
/s/ Xxxx X. Xxxxxxxxx /s/ Xxxxx XxXxxxxx
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Witness Sign Name Sign
Xxxx X. Xxxxxxxxx Xxxxx XxXxxxxx
Witness Print Name Print
Chief Financial Officer
------------------------------------- Title
Witness Sign Name
1/9/04
------------------------------------- Date
Witness Print Name
