Exhibit 10.10
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RESTATED SECOND AMENDMENT TO
AGREEMENT OF LEASE
This Restated Second Amendment to Agreement of Lease (the "Restated Second
Amendment") is made as of the 6th day of November, 1998, by and between Xxxx X.
Xxxx, Trustee of Re-Act Realty Trust, a trust established under a Declaration of
Trust dated September 21, 1984, and recorded in the Middlesex South District
Registry of Deeds at Book 15823, Page 351, as amended by First Amendment dated
October 20, 1988 and recorded with the Middlesex South District Registry of
Deeds at Book 19427, Page 422 (the "Landlord") and ACT Manufacturing, Inc., a
corporation organized under the laws of the Commonwealth of Massachusetts and
having its principal place of business at 000 Xxxxxx Xxxxxx, Xxxxxx,
Xxxxxxxxxxxxx (the "Tenant").
W I T N E S S E T H
WHEREAS, Landlord and Automated Component Technologies, Inc. entered into a
certain Agreement of Lease dated as of October 1, 1988, as amended by a certain
First Amendment to Agreement of Lease dated as of August 4, 1993, whereby
Landlord leased to Automated Component Technologies, Inc. certain premises (the
"Premises") known as and bearing the address of 000 Xxxxxx Xxxxxx, Xxxxxx,
Xxxxxxxxxxxxx. True and complete copies of said Agreement of Lease and First
Amendment are attached hereto as Exhibit A and Exhibit B, respectively.
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WHEREAS, by Assignment of Lease dated as of December 14, 1994, Automated
Component Technologies, Inc. assigned to Advanced Cable Technologies, Inc. all
of its right, title and interest in the Agreement of Lease, as amended by said
First Amendment;
WHEREAS, Advanced Cable Technologies, Inc. by Articles of Merger dated
December 15, 1994, changed its name to ACT Manufacturing, Inc.;
WHEREAS, Landlord and Tenant entered into a certain Second Amendment to
Agreement of Lease dated as of February 7, 1995 (the "Second Amendment"), a true
and complete copy of the Second Amendment is attached hereto as Exhibit C (said
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Agreement of Lease, said First Amendment and the Second Amendment are herein
collectively referred to as the "Lease"); and
WHEREAS, Landlord and Tenant desire to restate and amend the Second
Amendment to reflect the understanding and past agreement of the parties
regarding the minimum monthly rental amount and to memorialize such
understanding going forward.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein and in the Lease contained, it is hereby agreed as follows:
1. Landlord and Tenant acknowledge that as of August 1, 1998 Tenant has
been paying minimal monthly rent for the Premises based upon an annual
rate equal to Six Dollars and Fifty Cents ($6.50) per square foot
(based upon a total rentable area of thirty thousand (30,000) square
feet).
2. Paragraph number 2 of the Second Amendment is hereby deleted and the
following shall be inserted in lieu thereof: "Effective as of August 1,
1998 (the beginning of the extension term), the Tenant shall pay a
minimum monthly rental for the Premises based upon an annual rate equal
to Six Dollars and Fifty Cents ($6.50) per square foot (based upon a
total rentable
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area of thirty thousand (30,000) square feet), in twelve (12) equal
monthly installments in advance on the first day of each calendar month
during the term of the Lease."
3. Except for the replacement of paragraph number 2 of the Second
Amendment as set forth above, the Second Amendment is hereby restated.
As modified by the terms of this Restated Second Amendment, the Lease is,
and shall remain, in full force and effect. Each capitalized term used in this
Restated Second Amendment which is not defined in this Restated Second Amendment
shall have the same meaning ascribed to such term in the Lease. This Restated
Second Amendment contains the entire agreement of the parties, and any and all
agreements and negotiations are merged into and incorporated into this Restated
Second Amendment. This Restated Second Amendment shall be binding upon and
inure to the benefit of Landlord, Tenant, and their respective successors and
permitted assigns.
This Restated Second Amendment is governed by the laws of the Commonwealth
of Massachusetts.
IN WITNESS WHEREOF, this Restated Second Amendment is executed as of the
day and year first written above.
RE-ACT REALTY TRUST
By: /s/ Xxxx X. Xxxx
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Xxxx X. Xxxx, Trustee as
aforesaid and not individually
ACT MANUFACTURING, INC.
By: /s/ Xxxx X. Xxxx
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Xxxx X. Xxxx, President
