EXHIBIT 10.15
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE ("First Amendment") dated October 27,
2000, made by and between RFG CO., LTD., a corporation of the Country of Japan,
having an office as 000 Xxxxxxx Xxxxxx, Xxxxxx Xxxx, Xxx Xxxxxx ("Landlord") and
FIBERTECH & WIRELESS, INC., a Delaware corporation, having an office at 00
Xxxxxxx Xxxxxx, Xxxxxxxxxx, Xxx Xxxxxx ("Tenant")
WITNESSETH
WHEREAS, on or about August 28, 2000, Landlord and Tenant executed a
Lease (the "Lease") for certain demised premises (the "Demised Premises"),
consisting of 9,842 r.s.f. located on the seventh (7th) floor of Newport
Financial Center, 111 Pavonia Avenue, Jersey City, New Jersey (the "Building");
and
WHEREAS, the Lease was amended by letter agreement (the "Letter
Agreement"), dated August 31, 2000 which Letter Agreement revised the provisions
in Section l.0l (DD) and Section 8.02, relating to the Security Deposit; and
WHEREAS, Landlord and Tenant desire to increase the size of the Demised
Premises subject to the Lease, by adding 2,356 r.s.f. of additional space, as
described as Suite 740, on the seventh (7th) floor of the Building (the
"Expansion Space") under the same terms, covenants and conditions as contained
in the Lease except as may be amended, supplemented and modified hereby; and
WHEREAS, in order to effectuate the foregoing modifications of the
Lease and expansion of the Demised Premises, Landlord and Tenant have each
agreed to execute and deliver this First Amendment.
NOW THEREFORE IN CONSIDERATION of the mutual promises and covenants
hereinafter contained, the parties hereto agree as follows:
1. Effective as of November 1, 2000 (the "Effective Date"), there is
hereby added to, and included herewith, the description of the Demised Premises
that portion of the seventh (7th) floor of the Building representing 2,356
r.s.f., also described as Suite 740.
2. As of the Effective Date, Sections 1.01(L), 1.01(N) and l.0l(JJ) are
hereby deleted in their entirety and replaced as follows:
L. Demised Premises: 12,198 rentable square feet (r.s.f.),
located on the seventh (7th) floor of the Building as shown on
Exhibit D-l of this First Amendment.
N. Fixed Rent:
(i) $38.00 per r.s.f. or Four Hundred Sixty-Three
Thousand Five Hundred Twenty-Four & 00/100 ($463,524.00)
Dollars per year for the period commencing on the Commencement
Date and ending on June 30, 2004, payable at the rate of
Thirty-Eight Thousand Six Hundred Twenty-Seven & 00/100
($38,627.00) Dollars per month; and
(ii) $45.00 per r.s.f. or Five Hundred Forty-Eight
Thousand Nine Hundred Ten & 00/100 ($548,910.00) Dollars
commencing on July 1, 2004 and ending on the Expiration Date,
payable at the rate of Forty-Five Thousand Seven Hundred
Forty-Two & 50/100 ($45,742.50) Dollars per month as
hereinafter provided.
JJ. Tenant's Fraction:
(i) "Tenant's Operating Fraction" for the Operating
Expenses attributable to the Office Component of the Building
and Land shall be 4.48%. If the size of the Demised Premises,
the Office Component or the Building shall be changed from the
initial size thereof, due to any taking, any construction or
alteration work, any reallocation of the rentable square
footage attributable to either the Office Component or Data
Component of the Building, or otherwise, the Tenant's
Operating Fraction shall be changed to the fraction the
numerator of which shall be the rentable square footage of the
Demised Premises and the denominator of which shall be the
rentable square footage of the Office Component of the
Building. The term "Data Component" of the Building shall
refer to the entire 8th, 9th, 10th and 11th floors,
representing at total of 135,635 r.s.f.;
(ii) "Tenant's Real Estate Fraction" for Tenant's
proportionate share of Real Estate Taxes for the Building and
Land shall be 2.99%. If the size of the Demised Premises or
the Building shall be changed from the initial size thereof,
due to any taking, any construction or alteration work or
otherwise, the Tenant's Real Estate Fraction shall be changed
to the fraction the numerator of which shall be the rentable
square footage of the Demised Premises and the denominator of
which shall be the rentable square footage of the Building.
3. All remaining terms, covenants and conditions of the Lease, not
specifically modified herein, shall remain unchanged, unaltered and unmodified
and shall be in full force and effect. All capitalized terms shall have the
meaning set forth in the Lease.
IN WITNESS WHEREOF the parties hereto have set their hand and seal on
the date first above written.
ATTEST: LANDLORD:
RFG CO., LTD.
By: International Career
Information, Inc., as Agent
/s/ Xxxxxx XxXxx BY: /s/ Xxxxxx X. Xxxxxx
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XXXXXX XXXXX XXXXXX X. XXXXXX
Controller Senior Vice President
ATTEST: TENANT:
FIBERTECH & WIRELESS, INC.
/s/ Xxxx Xxxxxxxx BY: /s/ A. Xxxx Xxxx
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Name: XXXX XXXXXXXX A. XXXX XXXX
Title: Senior Vice President President/C.E.O.
