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EXHIBIT 10.4
AMENDMENT NO. 3 TO OFFICE BUILDING
TRIPLE NET LEASE
THIS AMENDMENT NO. 3 TO OFFICE BUILDING TRIPLE NET LEASE is made and
entered into this 13th day of June, 1994, to be effective, however, as of May 1,
1994, by and between XXXX X. XXXXXXXX, XX. and XXXXXX X. XXXXXXXX, husband and
wife, as Lessor, and TELECT, INC., a Washington corporation, as Lessee.
In recognition of the completion and occupancy of the new office
building constructed on the Premises, the parties hereto do hereby amend,
effective as of May 1, 1994, that certain Office Building Triple Net Lease
between Lessor and Lessee, bearing the effective date of February 28, 1990, as
previously amended by that certain Amendment No. 1 to Office Building Triple Net
Lease dated January 20, 1993, and that certain Amendment No. 2 to Office
Building Triple Net Lease dated July 13, 1993, as follows:
1. Section 4 thereof is hereby amended in its entirety to read as
follows:
"4. Monthly Rental. Lessee shall, during the lease term, pay to
Lessor at E. 23003 Euclid, Xxxx Xxxxxxxx, Xxxxxxxxxx 00000, or such
other place as Lessor shall designate in writing from time to time,
without setoff or deduction for any reason whatsoever, a monthly rental
in the amount of Forty Thousand Five Hundred Dollars ($40,500.00). The
monthly rental shall be prorated for partial months falling within the
lease term, and shall be payable in advance on or before the first day
of each calendar month during the lease term. If any rent payment is not
received by Lessor within five (5) days after the due date (or on the
next business day if the fifth day is not a business day), then Lessee
shall pay as additional rent the sum of five percent (5%) of the
delinquent payment for each month or a portion thereof that the payment
remains overdue."
As herein amended, the parties hereto do hereby reaffirm and ratify all
of the terms and provisions of said Office Building Triple Net Lease, as
previously amended.
IN WITNESS whereof, the parties hereto have executed this Amendment No.
3 to Office Building Triple Net Lease on the date and year first above written,
to be effective, however, as of May 1, 1994.
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STATE OF WASHINGTON )
) ss.
County of Spokane )
I certify that I know or have satisfactory evidence that XXXX X.
XXXXXXXX, XX. is the person who appeared before me, and said person acknowledged
that he signed this instrument and acknowledged it to be his free and voluntary
act for the uses and purposes mentioned in the instrument.
Dated June 13, 1994
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Notary Public in and for the State of
Washington, residing at Spokane
My Commission Expires:
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STATE OF WASHINGTON )
) ss.
County of Spokane )
I certify that I know or have satisfactory evidence that XXXXXX X.
XXXXXXXX is the person who appeared before me, and said person acknowledged that
she signed this instrument and acknowledged it to be her free and voluntary act
for the uses and purposes mentioned in the instrument.
Dated June 13, 1994
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Notary Public in and for the State of
Washington, residing at Spokane
My Commission Expires:
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STATE OF WASHINGTON )
) ss.
County of Spokane )
I certify that I know or have satisfactory evidence that XXXXX X.
XXXXXXXX, XX. is the person who appeared before me, and said person acknowledged
that he signed this instrument, on oath stated that he was authorized to execute
the instrument and acknowledged it as the President of Telect, Inc. to be the
free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated June 13, 1994
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Notary Public in and for the State of
Washington, residing at Spokane
My Commission Expires:
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STATE OF WASHINGTON )
) ss.
County of Spokane )
I certify that I know or have satisfactory evidence that XXXXXX X.
XXXXXXXX is the person who appeared before me, and said person acknowledged that
she signed this instrument, on oath stated that she was authorized to execute
the instrument and acknowledged it as the Secretary/Treasurer of Telect, Inc. to
be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
Dated June 13, 1994
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Notary Public in and for the State of
Washington, residing at Spokane
My Commission Expires:
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