EXHIBIT 10.34
SIXTH AMENDMENT TO LEASE AGREEMENT
THIS SIXTH AMENDMENT TO LEASE AGREEMENT (the "Sixth Amendment") is made and
entered into this 7th day of January, 2002, by and between FIRST INDUSTRIAL,
L.P. a Delaware Limited Partnership ("Landlord"), and OPTICAL SENSORS
INCORPORATED, a Delaware corporation ("Tenant").
WITNESSETH:
WHEREAS, Landlord and Tenant have heretofore entered into a certain Standard
Commercial Lease dated October 7, 1991 (the "Original Lease") pursuant to which
Landlord leased to Tenant and Tenant leased from Landlord certain premises
commonly known as 0000 Xxxxxx Xxxxxxxx Xxxxx, Xxxxx X, Xxxx Xxxxxxx, Xxxxxxxxx
(the "Premises"); and
WHEREAS, Landlord and Tenant entered into a certain First Amendment to Lease
Agreement dated April 26, 1996 (the "First Amendment"); and
WHEREAS, Landlord and Tenant entered into a certain Second Amendment to Lease
Agreement dated April 14, 1997 (the "Second Amendment"); and
WHEREAS, Landlord and Tenant entered into a certain Third Amendment to Lease
Agreement dated September 3, 1999 (the "Third Amendment");
WHEREAS, Landlord and Tenant entered into a certain Fourth Amendment to Lease
Agreement dated June 1, 2000 (the "Fourth Amendment");
WHEREAS, Landlord and Tenant entered into a certain Fifth Amendment to Lease
Agreement dated March 28, 2001 (the "Fifth Amendment"); the Original Lease,
First Amendment, Second Amendment, Third Amendment, Fourth Amendment and Fifth
Amendment are hereinafter collectively referred to as the "Lease");
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto hereby agree as follows:
1. Recitals. The foregoing recitals are hereby incorporated as if fully
rewritten and restated in the body of this Sixth Amendment. All initially
capitalized terms used but not defined herein shall have the meanings
ascribed to such terms in the Lease.
2. Term. The term of the Lease shall expire on March 31, 2005.
3. Premises. Effective April 1, 2002, the premises shall be reduced to total
12,087 square feet; (5,331 square feet office, 4,377 square feet lab, 2,379
square feet warehouse) located in a portion of Suite A, 7615 Golden
Triangle Drive, as further depicted on the space plan prepared by
Architects Professional Association, as attached Exhibit A. Landlord shall
perform the tenant improvements listed on the attached Exhibit B at no cost
to Tenant.
4. Tenant's Proportionate Share. Tenant's Proportionate Share of Operating
Expenses shall be 10%.
5. Base Rent. Effective April 1, 2002, the monthly Base Rent for the Premises
shall be $8,964.53.
6. Contingency. This Amendment is contingent upon a full execution and
delivery to Landlord of a Second Amendment to Lease between Wizmo, Inc. and
First Industrial, L.P. dated January 14, 2002.
7. Full Force and Effect. Except as otherwise expressly set forth in this
Sixth Amendment, all terms, provisions and covenants set forth in the Lease
shall remain in full force and effect and are hereby ratified and confirmed
as of the date hereof.
8. Conflicts. In the event that any of the terms, covenants and conditions of
this Sixth Amendment conflict with any of the terms, covenants and
conditions of the Lease, the terms, covenants and conditions of this Sixth
Amendment shall control.
IN WITNESS WHEREOF, the parties hereto have executed this Sixth Amendment as of
the date and year first above written.
LANDLORD: FIRST INDUSTRIAL, L.P., TENANT: OPTICAL SENSORS INCORPORATED, a
a Delaware Limited Partnership Delaware corporation
By: First Industrial Realty Trust, Inc.,
a Maryland corporation, its general
partner
By: /s/ Xxxxx Xxxxxxx By: /s/ Xxxxxxx XxXxxxx
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Its: Regional Director Its: President and CEO
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