Exhibit 10.4
LEASE MODIFICATION AGREEMENT
THIS LEASE MODIFICATION AGREEMENT is made as of the ________ day of
December, 1999 by and among LMC INVESTMENTS, LLC, a North Carolina limited
liability company and XXXX X. XxXXXXXXX (collectively, "Lessor") and HAHT
SOFTWARE, INC., a North Carolina corporation ("Lessee").
W I T N E S S E T H:
-------------------
WHEREAS, Lessor and Lessee entered into that Lease Agreement dated April
_____, 1999 ("Lease"); and
WHEREAS, the Lease provided for rental payments pursuant to a schedule
attached thereto as calculated upon a Term Commencement Date; and
WHEREAS, the parties desire to confirm the rental schedule based upon the
actual Term Commencement Date.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as
follows:
1. The Lease is hereby amended by deleting Exhibit I, Rental Schedule and
substituting in its place "Substitute Exhibit I, Rental Schedule" as attached
hereto.
2. Except as herein modified all terms and conditions of the Lease shall
remain in full force and effect.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
IN WITNESS WHEREOF, the parties hereto have caused this Lease
Modification Agreement to be executed by their duly authorized representatives,
all as of the day and year first above written.
LMC INVESTMENTS, LLC
By: XXXXXXX DEVELOPMENT COMPANY, INC., Manager
By: /s/ [ILLEGIBLE]^^
-----------------------------------
Name:__________________________________
Title:_________________________________
________________________________________
Xxxx X. XxXxxxxxx
HAHT SOFTWARE, INC.
By: /s/ [ILLEGIBLE]^^
------------------------------------
Name:___________________________________
Title:__________________________________
2
EXHIBIT I
RENTAL SCHEDULE
FIRST LEASE YEAR
Partial First Lease Month - December 17, 1999 to December 31, 1999
Square Footage Rent N/A
Equivalent Annual Base Rent N/A
Monthly Base Rent ($45,783.67 x 45.161%) $20,676.36
Rentable/Usable Square Feet 44,708 sf
First Full Lease Month - January, 2000
Square Footage Rent N/A
Equivalent Annual Base Rent N/A
Monthly Base Rent $45,783.67
Rentable/Usable Square Feet 44,708 sf
Second Lease Month - February, 2000
Square Footage Rent N/A
Equivalent Annual Base Rent N/A
Annual Base Rent $45,783.67
Rentable/Usable Square Feet 44,708 sf
Third Lease Month - March, 2000
Square Footage Rent N/A
Equivalent Annual Base Rent N/A
Annual Base Rent $45,783.67
Rentable/Usable Square Feet 44,708 sf
Fourth Lease Month - April, 2000
Square Footage Rent N/A
Equivalent Annual Base Rent N/A
Annual Base Rent $45,783.67
Rentable/Usable Square Feet 44,708 sf
Fifth Lease Month - May, 2000
Square Footage Rent $16.75 / sf
Equivalent Annual Base Rent $748,859
Monthly Base Rent $62,404.92
Rentable Usable Square Feet 44,708 sf
Sixth Lease Month - June, 2000
Square Footage Rent $16.75 / sf
Equivalent Annual Base Rent $748,859
Monthly Base Rent $62,404.92
Rentable Usable Square Feet 44,708 sf
Seventh Lease Month - July, 2000
Square Footage Rent $16.75 / sf
Equivalent Annual Base Rent $748,859
Monthly Base Rent $62,404.92
Rentable Usable Square Feet 44,708 sf
Eighth Lease Month - August, 2000
Square Footage Rent $16.75 / sf
Equivalent Annual Base Rent $748,859
Monthly Base Rent $62,404.92
Rentable Usable Square Feet 44,708 sf
Ninth Lease Month - September, 2000
Square Footage Rent $16.75 / sf
Equivalent Annual Base Rent $748,859
Monthly Base Rent $62,404.92
Rentable Usable Square Feet 44,708 sf
Tenth Lease Month - October, 2000
Square Footage Rent $16.75 / sf
Equivalent Annual Base Rent $748,859
Monthly Base Rent $62,404.92
Rentable Usable Square Feet 44,708 sf
Eleventh Lease Month - November, 2000
Square Footage Rent $16.75 / sf
Equivalent Annual Base Rent $748,859
Monthly Base Rent $62,404.92
Rentable Usable Square Feet 44,708 sf
Twelfth Lease Month - November, 2000
Square Footage Rent $16.75 / sf
Equivalent Annual Base Rent $748,859
Monthly Base Rent $62,404.92
Rentable Usable Square Feet 44,708 sf
The Annual Base Rent and Monthly Base Rent shall be adjusted and increased
by the Cost of Living Adjustment and Operating Expense Adjustment at the end of
each Lease Year in accordance with Paragraphs 4.02(a) and 4.02(b) of this Lease.
Pursuant to Paragraph 1.03 above, ten days following the date Suite #200,
containing 8,358 square feet of space presently leased to Xxxxxxx Corporation,
is vacated, the Annual Base Rent shall adjusted and increase from $748,859 per
year to $888,855.50 per year and the Monthly Base Rent shall increase from
$62,404.92 per month to $74,071.30 per month, effective immediately. This
adjustment is a calculated as follows: Xxx Xxxxxx Xxxxxxx Xxxx xx Xxxxx #000
shall be $16.75/sf, the Annual Base Rent for Suite #200 shall be $139,997 and
the Monthly Base Rent for Suite #200 shall be $11,666. The adjusted Base Rent
as set forth herein shall thereafter be subject to and adjusted by the
provisions of Paragraphs 4.02(a) Operating Expense Adjustment and Paragraph
4.02(b) Cost of Living Adjustment.
