FIRST AMENDMENT TO RESIDENTIAL LEASE
Exhibit 10.04
FIRST AMENDMENT TO RESIDENTIAL LEASE
This First Amendment to Residential Lease (this “First Amendment”) is made and entered into as
of July 29, 2008, by and between 000 Xxxxxxx Xxxxxx, Inc. (“Landlord”) and Xxxxx Xxxxxx and
Xxxxxxxxx Xxxxxx (collectively, “Tenant”).
RECITALS:
WHEREAS, Landlord and Tenant have entered into that certain Amended and Restated Residential
Lease dated as of February 21, 2007 (the “ Lease”); and
WHEREAS, Landlord and Tenant desire to amend the Lease to modify the provisions thereof as
more particularly set forth herein.
NOW, THEREFORE, for and in consideration of the premises, the mutual covenants and agreements
herein set forth, and for other good and valuable consideration, the receipt, adequacy and
sufficiency of which are hereby expressly acknowledged by the parties hereto, the parties hereto
hereby covenant and agree as follows:
1. Option(s) to Extend.
(a) The words and figures “one (1)” set forth in the second line of Section 35(a) of the Lease
are hereby deleted in their entirety, and inserted in lieu thereof shall be the words and figures
“four (4)”.
(b) A new clause (v) is hereby added at the end of Section 35(a) of the Lease, which clause
(v) reads as follows:
"(v) Notwithstanding anything to the contrary herein, Tenant may not exercise any Option if
Executive is not employed on a full time basis as an Executive Vice President of Cadence or
any of its successors at the time such Option would be exercisable.”
(c) The parenthetical that follows the word “Cause” in the fourth line of Section 35(b) of the
Lease is hereby deleted in its entirety and inserted in lieu thereof shall be the following words:
"(as defined in Section 4.2 of Executive’s Employment Agreement, dated July 29, 2008)”.
(d) The parenthetical that follows the words “Constructive Termination” in the sixth line of
Section 35(b) of the Lease is hereby deleted in its entirety and inserted in lieu thereof shall be
the following words: “(as defined in Section 4.3 of Executive’s Employment Agreement, dated July
29, 2008).”
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2. Ratification. The Lease, as modified by this First Amendment, is hereby ratified
and confirmed by Landlord and Tenant. Each of the parties hereto hereby confirms that the Lease,
except as expressly amended by this First Amendment, remains in full force and effect.
3. Counterparts. This Amendment may be executed in several counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the undersigned have caused this First Amendment to be executed and
delivered as of the date first above written.
000 Xxxxxxx Xxxxxx, Inc.
By:
|
/s/ Xxxxx X. Xxxxx | /s/ Xxxxx Xxxxxx | ||
Name:
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Xxxxx X. Xxxxx | Xxxxx Xxxxxx | ||
Title:
|
Sr. Vice President & General | |||
| Counsel | /s/ Xxxxxxxxx Xxxxxx | |||
| Xxxxxxxxx Xxxxxx |
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