Contract
Exhibit 10.4
0000 Xxxxxx Xxx
Madison, Wisconsin
THIRD AMENDMENT TO LEASE
March 27, 2020
THIS AMENDMENT modifies a lease between Old Sauk Trails Park Limited Partnership as Landlord (“Landlord”) and Accuray Incorporated, as assignee from TomoTherapy Incorporated (“Tenant”) for the Premises at 0000 Xxxxxx Xxx, Xxxxxxx, Xxxxxxxxx.
RECITALS
WHEREAS, Landlord and Tenant are parties to a Lease and Xxxxx Xxxxxxxx dated October 22, 2001 and amended on March 8, 2002, May , 2002, January 30, 2004, April , 2004, May 1, 2004, January 26, 2005, November 16, 2012, and October 19, 2016 (collectively the “Lease”) for the building and other improvements at 0000 Xxxxxx Xxx, Xxxxxxx, Xxxxxxxxx (the “Building”); and
WHEREAS, Xxxxxxxx has requested that Tenant release its Right of Early Termination provided by Section 10.04 of the Lease in exchange for abatement of Rent (as defined in the Lease), in a total amount equal to One Hundred Seventy-Nine Thousand, One Hundred Twelve and 50/100 Dollars ($179,112.50), which reflects the total Rent due for the two (2) months of May, 2020 and June, 2020 at a monthly Rent in the amount of Eighty Nine Thousand Five Hundred Fifty-Six and 25/100 Dollars ($89,556.25) (or the equivalent amount applied to any two calendar months as requested by Tenant between May, 2020 and December, 2020) (such abatement of Rent, the “Rent Abatement”).
NOW, THEREFORE, Landlord and Tenant agree that the Lease is hereby amended to add the Rate Abatement and that the Lease, as amended hereby, is affirmed and shall remain in full force and effect except with respect to the following deletion to the Lease:
The caption and language immediately following the caption labeled “Section 10.04 Right of Early Termination” is deleted in its entirety.
[Signature page follows.]
In witness whereof, Landlord and Xxxxxx have signed this Third Amendment as of the 27th day of March, 2020.
LANDLORD |
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TENANT |
Old Sauk Trails Park Limited Partnership, a Wisconsin limited partnership |
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Accuray Incorporated |
By: Gialamas Family Holdings, LLC, its General Partner |
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0000 Xxxxxxxxxx Xxxxxxx Xxxxxxxxx, XX 00000 |
0000 Xxxxxxxxx Xxxxx, Xxxxx 000 |
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Attn: CFO and General Counsel |
Madison WI 53717 |
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By: /s/ Xxxxxx Xxxxxxx |
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By: /s/ Xxxxx Xxxx |
Xxxxxx Xxxxxxx |
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Name: Xxxxx Xxxx |
Director |
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Title: General Counsel |
