Exhibit 10 (d)
FIRST ADDENDUM TO LEASE
This is a First Addendum to Lease (the First Addendum ) dated as of
May 22, 1995, between Lion Associates, L.P. ( Landlord ) and The West
Company, Incorporated ( Tenant ).
W I T N E S S E T H:
WHEREAS, Landlord and LuMont Associates, L.P. ( LuMont ) entered
into a Lease, dated December 31, 1992 (the Lease ), relating to certain
real property located in Xxxxx, Xxxxxxx County, Pennsylvania and
improvements located thereon and referred to as the Lionville Corporate
Center;
WHEREAS, LuMont assigned the Lease to Tenant pursuant to a Master
Assignment and Assumption Agreement dated as of July 14, 1993 which Master
Assignment and Assumption Agreement is attached to this First Addendum
as Exhibit A; and
WHEREAS, Landlord and Tenant have agreed to amend the
Lease to provide for the leasing of additional square feet in the building
(the Additional Space ).
NOW, THEREFORE, in consideration of the foregoing and other
good and valuable consideration and intending to be legally bound
Landlord and Tenant hereby agree as follows:
I. Terms. Capitalized terms used in this Addendum and not defined
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herein shall have the meanings ascribed to them in the Lease.
2. Article I, Paragraph 2. Article I, Paragraph 2 is hereby amended
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and restated in its entirety to read as follows:
As of June 1, 1995, the Demised Premises consists of approximately two
hundred sixty-two thousand nine hundred (262,900) square feet located in
a building (the Building ) owned by Landlord situatedat estate
(the Land) described on Exhibit "B" attached hereto and made a part
hereof and outlined in green on Exhibit B-1, attached hereto and made a
part hereof. The Prime Space comprises not less than two hundred
and fifty thousand (250,000) square feet of the Demised Premises and the
Basement Space (including exterior flammable storage) comprises
approximately twelve thousand nine hundred (12,900) square feet of the
Demised Premises.
3. Article II, Paragraph 2(a). Article II, Paragraph 2(a) is hereby
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amended and restated in its entirety to read as follows:
(a) First Option. Upon completion of the term of this Lease, the Tenant
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shall have the right to extend the term for five (5) years (the First
Option ) for an annual fixed rent of twenty one dollars and sixty
cents ($21.60) per square foot for the Prime Space and five dollars and
fifty cents ($5.50) per square foot for Basement Space. All other terms
covenants and conditions will remain the same.
4. Exhibit "C". Exhibit C to the Lease will be amended and restated
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to read in its entirety as set forth on Exhibit C to this Addendum.
5. Other Matters.
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(a) Article III, Paragraph 3(d) of the Lease, captioned Inclusion of
Additional Space within Demised Premises, shall be deemed to apply
to the additional space leased pursuant to this Addendum,
notwithstanding the fact that this Addendum does not relate to the
leasing of additional space pursuant to Tenant s fixed option rights under
the Lease.
(b) The execution of this Addendum and the leasing of the additional
space contemplated by this Addendum will not impose upon Tenant the
obligation to construct a demising wall as contemplated by Article
III, Paragraph 3(f) of the Lease.
(c) Except as expressly set forth above, all other terms and
conditions of the Lease remain unchanged and Landlord and Tenant confirm
and ratify the Lease Assignment, dated July 14, 1993, from LuMont
to Tenant.
IN WITNESS WHEREOF, the parties have caused this Addendum to be
executed as of the date and year first written above.
THE WEST COMPANY, INCORPORATED
Witness By: /s/ Xxxxxxx X. Land
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Xxxxxxx X. Land
Senior Vice President
Finance and Administration
LION ASSOCIATES, L.P.
Witness By: /s/ Xxxxxxx X. Xxxxxxx
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Xxxxxxx X. Xxxxxxx
President, Xxxxxxxxxxx-Xxxxxxx
Management Co., General Partner
