FIRST LEASE AMENDMENT
This
First Lease Amendment is made and entered into between INPUT/OUTPUT, INC., as
“Landlord”, and SANZ, INC., as “Tenant”, for and in consideration of the
covenants contained herein and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged.
W I T N E S S E T H
Landlord
and Tenant hereby confirm and ratify, except as modified below, all the terms,
conditions and covenants in that certain Sublease Agreement dated September 15,
2004, covering the rental of that certain Suite 156, (“Premises”), consisting of
approximately 2,202 square feet at the property located at 00000 Xxxx Xxxxxxx,
Xxxxxxxx, XX 00000, (“Building”).
1. |
Effective
upon the later of Substantial Completion of the Tenant Improvements or May
1, 2005 (Expansion Space Commencement Date), Section 1 (c) of Terms and
Definitions shall be amended to reflect an increase of 1,220 rentable
square feet (“Expansion Space”), changing the total square feet of the
Sublease Premises from 2,202 to 3,422 rentable square feet.
Notwithstanding anything contained herein to the contrary, should the
Expansion Space Tenant Improvements be completed prior to May 1, 2005,
Tenant may take occupancy at no charge. |
2. |
Effective
upon the Expansion Space Commencement Date, Section 1 shall be amended to
change the Tenant’s pro rata share from 02.42% to
03.76%. |
3. |
Section
2 shall be amended to reflect an extension of the lease term from November
14, 2007 to May 31, 2008. |
4. |
Effective
upon the Expansion Space Commencement Date, Section 1 shall be changed to
reflect the new square footage of 3,422 rentable square feet and
Section 3 (a) in reference to the Base Rent will remain at the $15.75
per square foot per annum changing the Total Monthly Rent from $2,890.13
per month to $4,491.38 per month. Additionally, Section 3 (b) shall
include a Base Year 2005 for the Expansion Space. |
5. |
Landlord,
at Landlord’s sole cost and expense shall complete the Tenant Improvements
as shown on Exhibit, “A-1” attached hereto and to satisfy any
requirements, codes, etc. necessary to complete the Expansion Space as
shown on Exhibit “A-1” attached hereto. |
6. |
Tenant
shall be allowed six (6) additional parking spaces, one (1) of which will
be reserved, all at no charge for the lease term. |
7. |
Section
2-Option to Renew shall be revised to include the Expansion
Space. |
8. |
Brokerage:
Partners Commercial Realty d/b/a NAI Houston represents the Tenant and
shall be paid a real estate commission in accordance with a separate
agreement. |
Except as
modified and amended herein, all other terms and conditions of the base Sublease
Agreement are hereby ratified and affirmed and shall remain in full force and
effect.
AGREED
and ACCEPTED this 18th day
of March,
2005.
TENANT:
SANZ,
INC.
By:
/s/ Xx
Xxxx
Xx Xxxx
Title:
Director
of
Contracts
Date:
3/18/2005
|
LANDLORD:
INPUT/OUTPUT,
INC.
By:
/s/
Xxxxx X. Xxxxxx
Xxxxx X. Xxxxxx
Title:
VP
& General Counsel
Date: 3/22/05 |
EXHIBIT
“A-1”
Suite
150 Expansion Space
Tenant
Improvements to be provided by Landlord, at Landlord’s Expense:
1. Demo wall
as shown.
2. Add 1
light fixture in the open area.
3. Add
electrical to accommodate 10 cubicles in the open area.
4. Replace
entry door with one of solid wood.
5. Install
new door between Premises and the Expansion Space.
6. New paint
and carpet through the Expansion Space.
[graphic
intentionally omitted]