EXHIBIT 10.10
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE (this "Amendment") is dated for
reference purposes the 30th day of March, 1999, and is by and between S/I
NORTHCREEK II, LLC a Washington limited liability company ("Landlord") and DATA
CRITICAL CORPORATION a Delaware corporation ("Tenant").
RECITALS
A. Landlord and Tenant entered into that certain Lease, dated
December 21, 1998 (the "Lease"), for the lease of certain premises located at
00000 Xxxxx Xxxxx Xxxxxxx, Xxxxxxx, Xxxxxxxxxx. Unless otherwise defined in this
Amendment, capitalized terms used herein shall have the same meaning as they are
given in the Lease.
B. Landlord and Tenant desire to amend the Lease in certain respect,
all as set forth below.
NOW, THEREFORE, the parties agree as follows:
1. Additional Allowance For Tenant Improvements. Pursuant to
Subsection 3.01(d)(2)(bb) of the Lease, Tenant desires to have
Landlord fund an Additional Allowance in the amount of $169,910.00
toward the cost of the Tenant Improvements in excess of the Tenant
Improvement Allowance funded by Landlord pursuant to Subsection
3.01(d)(2)(aa) of the Lease. As a condition to Landlord's
agreement to fund such Additional Allowance, Tenant agrees that,
in addition to the Base Rent set forth in Section 1.01 of the
Lease, Tenant shall pay additional Base Rent in the amount of
$3,686.63 per month in order to reimburse Landlord in full for the
Additional Allowance, which additional Base Rent shall be owing
simultaneously with the Base Rent identified in Section 1.01 of
the Lease each month during the entire initial Term of the Lease.
In addition, simultaneously with execution of this Amendment,
Tenant shall cause to be issued in favor of Landlord a letter of
credit (the "Additional LC"), in addition to the Letter of Credit
provided by Tenant pursuant to Section 17.25 of the Lease in the
amount of $169,910.00, which Additional LC shall be in the same
form as the Letter of Credit issued in favor of Landlord pursuant
to Section 17.25 below, and which Additional LC shall further
secure all of Tenant's obligations under this Lease as
contemplated by said Section 17.25. Provided that Tenant has not
been in default under this Lease during the prior twelve (12)
month period, the amount of the Additional LC will be decreased
upon each annual renewal of the Additional LC by an amount equal
to the principal portion of the Additional Allowance which has
been amortized during the prior twelve (12) month period (based
upon amortization of the entire Additional Allowance over the
initial Term at the 11.47% effective amortization rate).
2. Ratification. Except as expressly set forth herein, the terms and
conditions of the Lease shall remain in full force and effect and
are hereby ratified.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the
date first written above.
LANDLORD:
S/I NORTHCREEK 11, LLC
By: /s/ - Xxx Xxxxxxx
Its: Managing Member
TENANT:
DATA CRITICAL CORPORATION
By: /s/ - Xxxxxx Xxxxxx
Its: Chief Financial Officer
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that the person
appearing before me and making this acknowledgment is the person whose true
signature appears on this document.
On this 1st day of April, 1999, before me personally appeared XXX
XXXXXXX, to me known to be the Managing Member of S/I NORTHCREEK II, LLC, the
company that executed the within and foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and deed of said company, for
the uses and purposes therein mentioned, and on oath stated that they were
authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year
first above written.
/s/ Xxxxxx X. Xxxxxxx
Notary Public in and for the State of Washington
Residing at Bellevue
My commission expires: 8/11/01
STATE OF )
)ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that the person
appearing before me and making this acknowledgment is the person whose true
signature appears on this document.
On this 30 day of March, 1999, before me personally appeared Xxxxxx
Xxxxxx, to me known to be the CFO of DATA CRITICAL CORPORATION, the corporation
that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the
uses and purposes therein mentioned, and on oath stated that they were
authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year
first above written.
/s/ - Xxxxxx Xxxxxxx
Notary Public in and for the State of WA
Residing at King County
My commission expires: 7/9/99
