SIXTH LEASE EXTENSION AGREEMENT
THIS AGREEMENT dated the 8th day of May, 1997, by and between
ICE ASSOCIATES, having an address of 00 Xxxxx Xxxxxx, Xxxxxxxxxx, Xxx Xxxxxx
(hereinafter called "Landlord") and DALTEX MEDICAL SCIENCES, INC. having an
address of 00-00 Xxxxxx Xxxx, Xxxxxxxxx, Xxx Xxxxxx 00000 (hereinafter called
"Tenant").
W I T N E S S E T H T H A T:
WHEREAS, Landlord and Tenant entered into a Lease Agreement
("Lease") dated May 24, 1989 by which Landlord leased to Tenant 1,800 square
feet located at 00-00 Xxxxxx Xxxx, Xxxxxxxxx, Xxx Xxxxxx 00000 (hereinafter
"Initial Lease Agreement"); and
WHEREAS, said Initial Lease Agreement as extended by Lease
Extension Agreement, Second Lease Extension Agreement, Third Lease Extension
Agreement, Fourth Lease Extension Agreement and Fifth Lease Extension Agreement
shall terminate on June 14, 1997; and
WHEREAS, the parties hereto wish to extend the term of the
initial Lease Agreement/Lease Extension Agreement/Second Lease Extension
Agreement/Third Lease Extension/Fourth Lease Extension/Fifth Lease Extension
under the same terms and conditions contained therein, with the exception of
those items enumerated below.
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the parties hereto agree as follows:
1. The Fifth Lease Agreement is hereby extended for one year
term commencing June 15, 1997 and terminating June 14, 1998 (hereinafter "Sixth
Lease Extension Agreement").
2. Tenant has the right to cancel this Agreement any time
after September 14, 1997 by giving the Landlord ninety (90) days written notice.
3. The Tenant acknowledges that is presently in possession of
the leased premises and agrees except as provided in the Lease as amended and
subject to provision of the Lease to retain possession of the same without any
representations, warranties, or covenants on the part of the Landlord and in the
condition commonly referred to as "As Is".
4. Except as particularly modified by the terms hereof, the
Initial Lease Agreement/Lease Extension Agreement/Second Lease Extension
Agreement/Third Lease Extension Agreement/Fourth Lease Extension Agreement/Fifth
Lease Extension Agreement shall remain in full force and effect during the term
of the Lease as contained herein, which terms and conditions are hereby
reaffirmed by the parties hereto.
5. By execution of these present, each party acknowledges the
full and faithful performance by the other party of the obligations to be
performed by the other party under the Lease to the date hereof.
6. This Sixth Lease Extension Agreement shall bind and benefit
the parties hereto, their legal representatives, executors, administrators,
successors and assigns.
IN WITNESS WHEREOF, the parties have hereto executed this
Agreement the date and year first above written.
WITNESS: ICE ASSOCIATES;
as Landlord
/s/ Xxxx X. Xxxxxx By: /s/ Xxxxxxxxx X. Xxxxxxxxx
Xxxxxxxxx X. Xxxxxxxxx, Partner
WITNESS: DALTEX MEDICAL SCIENCES, INC.;
as Tenant
/s/ Xxxxxx Xxxxxxxx By: /s/ Xxxxx X. Xxxxx
Xxxxx X. Xxxxx, Vice President and
Assistant Corporate Secretary
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