Exhibit 10(H)
October, 2001
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000 XXXXXXXX XXXXXX
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INTERNATIONAL ELECTRONICS, INC.
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AMENDMENT NO. 4
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Reference is made to the Lease dated March 28, 1995 (the "Lease" by and between
000 Xxxxxxxx Xxxxxx Realty Trust (hereinafter called the "Landlord", which
expression shall include its heirs, executors, successors and assigns where the
context so admits) of one part, and International Electronics, Inc., a
Massachusetts corporation (hereinafter called the "Tenant", which expression
shall include its successors and assigns or executors and administrators where
the context so admits) of the otherwise defined herein shall have the same
meaning herein as therein and Amendment No. 1 of said Lease and Amendment No. 2
of said Lease and Amendment No. 3.
For good and valuable consideration, the receipt and legal sufficiency which is
hereby acknowledged, Lessor and Lessee hereby agree to amend the Lease as
follows:
Sections 1 (A), 5 (C), 10 (N) and 10 (O) are hereby amended to read as follows:
1. (A) SUBJECTS REFERRED TO;
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LEASE TERM
OR TERM: From May 1, 2002 through April 30, 2004.
FIXED RENT: Fixed Rent shall be payable as follows: $7.00 per rentable square
foot, triple net, for the entire twenty-four (24) calendar months
of the Lease Amendment Term. Fixed Rent shall be calculated on
the aggregate square footage of the Existing Premises of 20,740
square feet.
RENTABLE FLOOR AREA OF TENANT'S SPACE: 20,740 Square Feet.
OCCUPANCY: The Tenant shall occupy it's former space of 15,540 Square Feet
and in addition 5,200 Square feet of space formerly occupied by
Xxxx Foods.
5. (C) The Factor: The factor shall be 51.2%.
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10. (N) OPTION TO EXTEND
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Provided that Tenant is not then in default hereunder, Tenant shall have
the option to extend the term of this lease for an additional period of
two (2) years from the end of the Amendment 4 term (i.e. April 30,
2004), and further, provided, however, that Tenant
delivers written notice to Landlord of tenant's exercise of its option
to extend on or before October 31, 2003 (time being of the essence).
Such extended term shall be on the same terms, conditions, and covenants
of this lease, and amendments except that the Fixed Rent for the
extended term shall be at a rate of $7.75 per square foot.
10. (O) SUBLETTING AND ASSIGNMENT
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Tenant shall not sublet nor assign this lease, either voluntarily or by
operation of law, (other than with a Person who is a Subsidiary Company
or Affiliate of Tenant) without the prior written consent of Landlord,
such consent shall not be unreasonably withheld. Landlord may withhold
approval of any Subtenant if Tenant is in default under the Lease.
Landlord hereby ratifies the existing occupancy arrangements between
Tenant and Subtenants and any future extensions of the occupancy
arrangements between Tenant and Subtenants within the lease term.
If the Landlord consents to such sublease or assignment Tenant shall
remain liable for the payment and performance of the terms and covenants
of this Lease. Tenant agrees to disclose the terms of any sublease
arrangement to Landlord prior to signing said sublease.
All other terms and conditions remain the same. Executed as a sealed instrument
this 31st day of October, 2001.
LANDLORD: 000 Xxxxxxxx Xxxxxx Realty Trust
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BY: /s/ Xxxxx Xxxx
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Xxxxx Xxxx, Agent
TENANT: International Electronics, Inc.
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BY: /s/ Xxxx Xxxxxxxxx
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Xxxx Xxxxxxxxx
By its President