EXHIBIT 10.4
ADDENDUM DATED AS OF MARCH 16, 1995
TO LEASE AGREEMENT
DATED JULY 28, 1993 AS AMENDED ("LEASE")
BETWEEN
DIRK INVESTMENTS, INC. and XXXXXX COMPANIES, INC.
For good and valuable consideration, the receipt of which is hereby
acknowledged by Dirk Investments, Inc. ("Lessor") from the Xxxxxx Companies,
Inc. ("Lessee") Lessor and Lessee agree to amend the Lease as follows:
A. The reference to "Xxxxxx Companies, Inc." in the preamble and in the
signature block (p.19) should be amended and changed back to read "Micross
Division of Xxxxxx Companies, Inc."
B. Paragraph 2 of the Lease is hereby amended by adding the following
sentence to the end thereof. "Upon thirty days prior written notice to Lessee,
Lessor may once in each lease year, (measured from September 1 through August
30) increase the monthly rent for the balance of such lease year, and
thereafter, commencing with the next full month after the sending of such
notice, up to a maximum of six percent (6%) over the immediately preceding
month's rental rate."
C. Paragraph 8 of the Lease is hereby amended so that the obligations,
duties and economic burden of Lessor under such Paragraph are hereby transferred
to and assumed by Lessee.
D. Paragraph 15 of the Lease is hereby amended so that the obligations,
duties and economic burden of Lessor as referred to in the last sentence of such
Paragraph are hereby transferred to and assumed by Lessee.
E. Paragraph 21 of the Lease is hereby amended so that the obligations,
duties and economic burden of Lessor as referred to in the second sentence of
such Paragraph are hereby transferred to and assumed by Lessee.
F. Paragraph 23 of the Lease is hereby amended so that the obligations,
duties and economic burden of Lessor under such Paragraph are hereby transferred
to and assumed by the Lessee.
G. Paragraph 25 of the Lease is hereby amended so that the obligations,
duties and economic burden of Lessor under such Paragraph are hereby transferred
to and assumed by the Lessee.
IN WITNESS WHEREOF, the parties hereto have signed and sealed the foregoing
Addendum to Lease Agreement on the 16th day of March 1995.
DIRK INVESTMENTS, INC. (Lessor)
Attest: By: /s/ Xxxxxxx X. Xxxx
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/s/ Xxxx X. Dirk (Title) Chairman
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Xxxx X. Xxxx, Secretary
MICROSS DIV. OF
XXXXXX COMPANIES, INC. (Lessee)
Attest: By: /s/ Xxxxxxx X. Xxxx
--------------------------------
/s/ Xxxx X. Dirk (Title) Chairman
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Xxxx X. Xxxx, Secretary
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