AMENDMENT TO TRIPLE NET LEASE AGREEMENT
THIS AMENDMENT TO THAT CERTAIN TRIPLE NET LEASE AGREEMENT (the
"Amendment") is made and entered into as of the 14th day of April, 2000, by and
between Xxxxxx Construction, Inc., a Missouri corporation ("Tenant"), and 00000
Xxxxxxxxx Xxxxx, LLC, a Missouri limited liability company ("Landlord").
PREMISES:
The parties desire to amend the terms pursuant to which Tenant leases
certain Premises situated at 00000 Xxxxxxxxx Xxxxx, Xxxxx Xxxx, Xxxxxxxx.
ThermoView Industries, Inc., a Delaware corporation ("ThermoView"), the
owner of Tenant, has requested Xxxxxx X. Xxxxxx (the "Shareholder"), an
affiliate of Landlord, to exchange certain amounts owed to the Shareholder by
ThermoView for 1,113,500 shares of the ThermoView's 12% Cumulative Series D
Preferred Stock, and the Shareholder has requested that as part of the
consideration for such exchange Tenant and Landlord agree to amend the Lease,
but only to the extent, and subject to the terms and conditions set forth in
this Amendment.
NOW, THEREFORE, in consideration of the foregoing premises and the
mutual covenants and agreements contained herein and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, the
parties hereto agree as follows:
ARTICLE 1
DEFINITION OF TERMS
[Intentionally omitted]
ARTICLE 2
AMENDMENTS TO LEASE
Such lease is hereby amended in the following respects:
2.1 ADDITION THERETO. A new paragraph is hereby added at the end
of such lease, which new paragraph shall provide in its entirety as follows:
"Notwithstanding anything in this Lease to the contrary, until such
time as ThermoView Industries, Inc., a Delaware corporation
("ThermoView") has redeemed all of the 1,113,500 shares of ThermoView's
12% Cumulative Series D Preferred Stock issued to Xxxxxx X. Xxxxxx (the
"Shareholder") pursuant to an Agreement dated April 14, 2000, by and
between ThermoView and the Shareholder (the "Shareholder's Series D
Stock"), Landlord shall have the right and power to terminate this
Lease by delivering a written notice to Tenant specifying a termination
date at the end of the month following the month in which such notice
was delivered, and upon Tenant's receipt of such notice the term of
this Lease shall be deemed to have expired on such termination date."
ARTICLE 3
ACKNOWLEDGMENT AND RATIFICATION
3.1 RATIFICATION. Except as expressly amended by this
Amendment, such lease is and shall be unchanged, and all of the terms,
provisions, covenants and agreements thereof or thereto shall remain
and continue in full force and effect, and are hereby ratified,
reaffirmed and confirmed by the parties. The parties acknowledge that
the Landlord, to the extent not a party to this Amendment, under such
lease is a third party beneficiary of this Amendment.
ARTICLE 4
GENERAL PROVISIONS
4.1 GOVERNING LAW. The laws of the State of Missouri
shall govern the construction of this Amendment and the rights and
remedies and duties of the parties hereto.
4.2 SECTION HEADINGS. The section headings contained
in this Amendment have been inserted solely for convenience of
reference, and shall not be construed as part of this Amendment.
4.3 COUNTERPARTS. This Amendment may be signed by each party
hereto upon a separate copy, in which event all of said copies shall
constitute a single counterpart to this Amendment. This Amendment may
be executed in any number of counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute
but one and the same instrument. It shall not be necessary, in making
proof of this Amendment, to produce or account for more than one such
counterpart.
IN TESTIMONY WHEREOF, the Tenant has caused its duly authorized
representative to execute and deliver, and the Landlord has executed and
delivered, this Amendment, effective as of the day and year first above written.
00000 Xxxxxxxxx Xxxxx, LLC Xxxxxx Construction, Inc.
BY:/s/ Xxxxxx X. Xxxxxx BY: /s/ Xxxxxx X. Xxxxxxxx
------------------------- ------------------------
TITLE: TITLE: President
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/s/ Xxxxxx X. Xxxxxx
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Xxxxxx X. Xxxxxx
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