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EXHIBIT 10.2
FIRST AMENDMENT TO LEASE
By this Amendment to Lease dated as of this 1st day of July
, 0000, XXXX Associates Limited Partnership, a Minnesota limited partnership
("Landlord") and Ciprico, Inc., a Delaware corporation ("Tenant") state,
confirm and agree as follows:
I. Recitals
1.1 Landlord is successor in interest to The Prudential Insurance
Company of America.
1.2 By agreement dated December 3, 1991, Landlord leased to Tenant
approximately 30,982 square feet of Rentable Area in 2800 Campus Drive Building
(the "Lease"), such space being designated Suites 60, 70, 80, 90, 100, 110 and
120 (the "Premises").
1.3 Tenant has expressed an interest in extending the term of the
lease and leasing an additional 5460 square feet of Rentable Area and Landlord
is willing to lease the Additional Space on the terms and conditions set forth
below.
II. Agreement
2.1 The terms of the Lease is hereby extended for five (5) years
commencing November 1, 1997 and expiring October 31, 2002.
2.2 Effective February 1, 1998, the Premises shall be increased by
that 5460 square feet shown crosshatched on the attached Exhibit A. Tenant
shall be granted access to this additional space no less than 120 days prior to
2/1/98, for purposes of inspecting the space to plan Tenant's improvements.
Tenant acknowledges that, at that time, Xxxxxx Distributing will still be in
occupancy of the space and Tenant agrees to abide by any restrictions in
Landlord's standard lease which require Landlord to provide Xxxxxx with Quiet
Enjoyment of their leased premises, subject to Landlord's right to exhibit the
premises.
2.3 Effective February 1, 1998, Tenant's percentage of occupancy
for determination of Tenant's pro rata share of Operating Expenses and Real
Estate Taxes shall be increased to fifty six and 39/100 percent (56.39%).
2.4 The Base Rent schedule, payable in equal monthly installments
is advance in accordance with section 2 of the Lease, shall be as follows:
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PERIOD BASE RENT PER SQUARE FOOT MONTHLY BASE RENT
11/01/97 - 12/31/97 $7.00 $18,073.00
01/01/98 - 01/31/98 8.87 22,901.00
02/01/98 - 07/31/00 8.87 (based on 36,442 sq. ft.) 26,936.71
08/01/00 - 10/31/02 9.76 29,630.38
2.5 LEASEHOLD ALLOWANCE: Tenant is leasing the Additional Space
in "as-is" condition except that Landlord will provide to Tenant an allowance
to improve the space in the amount of $100,024.00, said amount to be paid to
Tenant no later than February 1, 1998. Any costs of work in excess of that
amount shall be paid for by Tenant. For purposes of this Agreement, "Costs of
Work" shall mean and include any and all costs and expenses of the Work,
including but not limited to the cost of Working Drawings and of all labor
(including overtime) and materials constituting the work.
2.6 Article I, II, III, IV, V, VI, VIII, XIV, and XVIII of the
Exhibit F, Rider shall be eliminated from the Lease.
2.7 Except as may otherwise be specifically provided, the Premises
and the Additional Space shall be leased to Tenant on the terms and conditions
set forth in the Lease. In the event of any inconsistency between the terms of
the Lease and this Amendment, the terms of this amendment shall prevail.
2.8 All defined terms in the Lease shall apply to the terms and
conditions of the Amendment to Lease as of the date first above written.
LANDLORD: TENANT:
NWBC Associates Limited Partnership Ciprico, Inc.
a Minnesota Limited Partnership a Delaware corporation
By: NWBC Associates, Inc. By: /s/ Xxxx X. Xxxxxx
Its: General Partner ---------------------
By: /s/ Xxxxxxx X. Xxxxxxx Its: V.P. of Finance/CFO
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Xxxxxxx X. Xxxxxxx President
