Exhibit 10.2.2.d
FIFTH ADDENDUM TO LEASE
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This Fifth Addendum to Lease is made and entered into as of this 24th
day of June, 1997, by and between XXXX X. XXXXXXXXXX III, hereinafter
referred to as "Lessor" and TELXON CORPORATION, hereinafter referred to as
"Lessee". Reference is made to that certain "Standard Office Lease (Modified
Net Lease)" dated July 19, 1995, which, together with the Attachments,
Exhibits, Addendum to Lease, Second Addendum to Lease dated October 5, 1995,
Third Addendum to Lease dated March 1, 1996, and Fourth Addendum to Lease
dated April 16, 1996, are hereinafter collectively referred to as the
"Lease". In the event of a conflict between the terms of the Lease and the
terms of this Addendum, the terms of this Addendum shall control.
This Fifth Addendum is made necessary because Lessee is leasing
additional space in the Waterford building. It is accordingly agreed to by
and between the parties as follows:
1. This Addendum is subject to a termination agreement between
Distributed Data Systems, Inc. (the current Lessee) and Xxxx X.
Xxxxxxxxxx III, Lessor.
2. Lessee is leasing approximately 1,332 rentable square feet located on
the first floor of the Waterford building. Said space, shown on the
attached floor plan labeled Exhibit A-5, shall be known as 0000
Xxxxxxx Xxxxxxx, Xxxxx 000, Xxxx Xxxxxxxx, Xxxx 00000. Lessee's total
space in the Waterford building is therefore increased from 56,168
rentable square feet to 57,500 rentable square feet.
3. The term for this additional space shall be for a period of three (3)
years and nine (9) months, commencing on May 1, 1997 and expiring on
February 28, 2001.
4. The Annual Base Rent for this additional space shall be $20,646.00 per
year, with the monthly payment being $1720.50. Lessee's total Annual
Base Rent shall be $961,686.12 per year, with the total monthly
payment being $80,140.51.
5. Lessee's Share, per Section 4(e) of the Lease, shall be increased from
60.4% to 61.8%.
6. Lessee shall be responsible for any tenant [sic] improvements to the
attached floor plan; however, Lessor shall credit Lessee in the amount
of $1,278 toward tenant improvements.
7. All other terms and conditions of Lease will remain in effect.
IN WITNESS WHEREOF, the parties have set their hands on the dates
hereinafter noted.
Signed and acknowledged LESSOR:
in the presence of:
/s/ Xxxxx Xxxxxxxx /s/ Xxxx X. Xxxxxxxxxx III
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Xxxx X. Xxxxxxxxxx III
/s/ Xxxxx Xxxxx
-------------------------- (Executed this 24th day of
June, 1997)
Signed and acknowledged LESSEE:
in the presence of:
TELXON CORPORATION
/s/ Xxxxxx Xxxxxxx /s/ Xxxxxx X. Xxxxxxx
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Title Director, Corporate Services
/s/ Xxxxxxx Xxxxx
--------------------------- (Executed this 30th day of
April, 1997)
