FIRST ADDENDUM TO LEASE
BY AND BETWEEN
REGENCY CENTER
("THE LANDLORD")
AND
FAIR, XXXXX AND COMPANY, INCORPORATED
("THE TENANT")
This First Addendum to Lease, dated August 13, 1997 ("First Addendum"), is
hereby attached to and incorporated into and made a part of that Lease dated
November 14, 1996, by and between Regency Center ("Landlord") and Fair, Xxxxx
and Company, Incorporated ("Tenant").
The following Lease provisions are hereby amended as follows:
17. SERVICES AND UTILITIES
Paragraph C shall be amended as follows:
C. Landlord shall provide Tenant a monthly allowance of $.11 per
usable square foot in the Premises (that is, $4,191.55;
$3,984.31 and $4,107.62 for the first, second and third floors
of the Building, respectively) for Tenant's electrical
services. This allowance is included in the Base Rent as
defined in Article 5 of the Lease. Landlord and Tenant
recognize that Tenant's electrical service shall cost in
excess of Eleven Cents ($.11) per square foot per month due to
Tenant's heavy electrical and air conditioning requirements,
and Tenant shall pay any such excess costs for electrical
service.
Tenant shall be charged for all PG&E charges to the building
over and above the monthly allowance provided above.
For the first year of Tenant's occupancy, Landlord shall
charge Tenant $.11 per usable square foot per month based on
the Third Floor usable square footage for over-standard
electrical usage as a projected expense. This amount
($4,107.62) shall be paid along with the monthly rent. At the
end of the first year of occupancy, Landlord shall prepare a
PG&E invoice analysis showing the actual cost of over-standard
usage by Tenant. Landlord shall credit Tenant for any amounts
paid in excess of the actual
cost of over-standard usage. Tenant shall pay landlord for any
costs in excess of the total projected sum paid by Tenant over
the first year of occupancy. The amount paid by Tenant for
over-standard electrical usage for each subsequent year of
occupancy shall be based on the previous year's charges and a
similar accounting between Landlord and Tenant will occur
annually.
IN WITNESS WHEREOF, the parties have executed this First Addendum to Lease as of
the date first written above.
Regency Center, a California general partnership
By: /s/ Xxxxxx Xxxx
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Xxxxxx Xxxx, General Partner
Fair, Xxxxx and Company, Incorporated
By: /s/ Xxxxxxx X. Xxxxxx
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Its: Vice President