EXHIBIT 10.16.1
FIRST AMENDMENT TO STANDARD INDUSTRIAL/
SINGLE TENANT LEASE - NET
This Amendment No. 1 ("Amendment") is dated this 30 day of April, 2003,
by and between Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxxxxx, Xxxxxx Xxxxxxxxx and
Xxxxxx Xxxxxxxxx; and (hereinafter "Lessor") and FormFactor, Inc., a Delaware
corporation (hereinafter "Lessee"), amending and modifying the Standard
Industrial/Single Tenant Lease - Net, dated March 12, 1998 (the "Lease").
RECITALS
A. Lessor and Lessee entered into the Lease on or about March 12, 1998;
X. Xxxxxx and Lessee hereby agree to an Amendment to the Lease for the purposes
of extending the term of the Lease, amending and modifying in full Section 49 of
the Lease entitled "Option to Extend" and adding a new Section 50 to the Lease
entitled "Option(s) to Extend".
NOW, THEREFORE, in exchange for valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Section 49 of the Lease is amended and modified in full to
hereinafter provide as follows:
"49. The Lease term set forth in Section 1.3 is extended from
its current expiration date of March 31, 2003 to a new
expiration date of March 31, 2004. The Base Rent during the
extension period shall be $9,790.04 per month;"
2. The Lease shall be amended by the addition of a new Paragraph 50
which shall provide as follows:
"50. Option(s) to Extend:
Lessor hereby grants to Lessee the option to extend the term
of this Lease for one (1) additional twelve (12) month period
commencing when the prior term expires upon each and all of
the following terms and conditions:
(i) In order to exercise an option to extend, Lessee
must give written notice of such election to Lessor
and Lessor must receive the same at least one hundred
twenty (120) days but not more than one hundred
eighty (180) days prior to the date that the option
period would commence, time being of the essence. If
proper notification of the exercise of an option is
not given and/or received, such option shall
automatically expire. Options (if there are more than
one) may only be exercised consecutively.
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(ii) The provisions of Paragraph 39 of the Lease,
including those relating to Lessee's Default set
forth in Paragraph 39.4 of the Lease, are conditions
of this Option.
(iii) Except for the provisions of the Lease granting
an option or options to extend the term, all of the
terms and conditions of the Lease except where
specifically modified by this Option shall apply.
(iv) This Option is personal to the original Lessee,
and cannot be assigned or exercised by anyone other
than said original Lessee and only while the original
Lessee is in full possession of the Premises and
without the intention of thereafter assigning or
subletting.
The Base Rent for each month of the option period
shall be $9,790.04 per month."
3. Both Lessor and Lessee acknowledge and agree that neither has any
knowledge of any event of default or breach of the Lease by any party
to the Lease.
4. Except to the extent modified herein, the Lease shall remain in full
force and effect.
5. In the event of any conflict or inconsistency between the provisions
of this Amendment and the Lease, the provisions of this Amendment shall
govern and control.
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[SIGNATURE BLOCK ON THE FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Amendment as of the
day and year first written above.
LESSOR: LESSEE:
/s/ Xxxxxxx X. Xxxxxxx FormFactor, Inc.
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Xxxxxxx X. Xxxxxxx a Delaware corporation
/s/ Xxxxxx X. Xxxxxxx By: /s/ Xxxx Xxxxxxxxx
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Xxxxxx X. Xxxxxxx [Print Name]
/s/ Xxxxxx Xxxxxxxxx Title: CFO
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Xxxxxx Xxxxxxxxx
/s/ Xxxxxx Xxxxxxxxx
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Xxxxxx Xxxxxxxxx
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