Exhibit 10.1.3
XXXXX CENTER
FIRST AMENDMENT OF LEASE
DATE: September 5, 1996
BETWEEN: ST. XXXX PROPERTIES, INC.
000 Xxxxxx Xxxxxxxx
000 Xxxxxx Xxxxxx Xxxxx
Xxxxxxxxxxx, XX 00000 ("Landlord")
AND: ADVANCED TELECOMMUNICATIONS, INC.
000 Xxxxxx Xxxxxxxx
000 Xxxxxx Xxxxxx Xxxxx
Xxxxxxxxxxx, XX 00000 ("Tenant")
IN RESPECT OF PREMISES IN: Peavey Building
LANDLORD AND TENANT hereby agree as follows:
1. In this Amendment of Lease:
(a) "Building" means Peavey Building located in the city of Minneapolis
(b) "Premises" means 3,737 square feet of space on the fourth floor of
the Building, as set out in the Lease.
(c) "Lease" means the lease between Landlord and Tenant dated August 14,
1996, covering the Premises.
(d) "Amendment Date" means the 4th day of September, 1 996.
2. Effective on the Amendment Date, the following is added as Article 27.00:
ARTICLE 27.00 SECURITY DEPOSIT
27.01 Security Deposit Tenant shall deposit with Landlord, the sum of Five
Thousand Six Hundred and Five Dollars and no/100 ($5,605.00), (the
"Security Deposit"), on or before the date of full execution of this
Lease. The Security Deposit shall be held by Landlord, without
interest
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thereon, as security for the full and faithful performance by Tenant
of each and every term, covenant and condition of this Lease to be
observed and performed by Tenant. The Security Deposit shall not be
mortgaged, assigned, transferred or encumbered by Tenant and any
such act on the part of Tenant shall be null and void and of no
force and effect. If any Rent or any other sum payable by Tenant to
Landlord shall be unpaid or should Tenant fail to perform any of the
terms of this Lease, then Landlord may, and without prejudice to any
other remedy, appropriate and apply the Security Deposit to
compensate Landlord toward they payment of the Rent or other sums
due from Tenant, or towards any loss, damage or expense sustained by
Landlord resulting from such default; and, in such event, Tenant
shall forthwith restore the Security Deposit to the original sum
required to be deposited. In the event Tenant shall fully and
faithfully comply with all of the terms, covenants and conditions of
this Lease, the Security deposit shill be returned in full to Tenant
following the date of the expiration of the Lease Term and the
surrender of the Premises by Tenant in compliance with the
provisions of this Lease. In the event any bankruptcy, insolvency,
reorganization or other creditor-debtor proceedings shall be
instituted by or against Tenant, or its successors or assigns, such
Security Deposit shall be deemed to be applied first to the payment
of any rents and/or other charges due Landlord for all periods prior
to institution of such proceedings and the balance, if any, of such
Security Deposit may be Security Deposit to the purchaser or other
transferee of Landlord's interest in the Premises and thereupon
Landlord shall be discharged and released from all further liability
with respect to such Security Deposit, and Tenant agrees to look
solely to the new landlord or other transferee for the return of
said Security Deposit. No holder of mortgage or deed of trust or
lessor under a ground or underlying lease to which this Lease is or
may be superior or subordinate shall be responsible in connection
with the Security Deposit, unless such mortgagee or holder of such
deed of trust or lessor shall have actually received the Security
Deposit as such.
Except as specifically provided herein, the terms and conditions of the Lease
are confirmed and continued in full force and effect.
This Amendment of Lease shall be binding on the heirs, administrators,
successors and assigns (as the case may be) of the parties hereto.
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IN WITNESS OF THIS LEASE Landlord and Tenant have properly executed it as of the
date set out on page one.
LANDLORD: TENANT:
ST. XXXX PROPERTIES, INC. Advanced Telecommunications, Inc.
By: /s/ R. Xxxxxxx Xxxxxxx By: /s/ Xxxxxxx X. Xxxxxxx
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R. Xxxxxxx Xxxxxxx
Vice President Asset Management Its: Treasurer
9/10-96 Xxxxxxx X. Xxxxxxx
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Date Executed Please Type Signature
9/5/96
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Date Executed
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Witness to the signature of Tenant
if not incorporated.
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