Exhibit 10.17
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE ("Amendment"), dated February 1, 2000 for
reference purposes, is made and entered into by and between L.A.T. INVESTMENT
CORPORATION, a California corporation ("Landlord"), and CUMETRIX DATA SYSTEMS
INC., a California corporation and ONLINE TRANSACTION TECHNOLOGIES, INC., a
California corporation, ("Tenant").
RECITALS
The Amendment is made with reference to the following facts and objectives:
A. Landlord and Tenant entered into a written lease dated February 18,
2000 (the "Lease") in which Landlord leased to Tenant and Tenant leased from
Landlord certain premises located at ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇,
▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (the "Premises").
B. Tenant desires to expand the Premises, and Landlord agrees to such
expansion on and subject to the terms, covenants set forth in this Amendment.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
Landlord and Tenant do hereby amend the Lease as follows:
1. Premises.
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The Premises shall be expanded into suite 1405 as shown hatched in black on
the Exhibit "A" attached hereto. Effective April 1, 2000 The Rentable Area of
the Premises shall be 10,166 rentable square feet (which number shall be
conclusive for all purposes under the Lease). Tenant's share of the Operating
Expenses shall be 2.15%.
2. Rents.
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The Monthly Rent for the Premises shall be $12,357.50 effective April 1,
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2000 and shall be increased annually as stipulated in section 2(i) of the Lease.
3. Security Deposits.
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Upon execution of this Amendment, Tenant shall pay $6,395.90 to Landlord
for increase in Security Deposit. The new Security Deposit shall be $12,914.55.
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4. Tenant Improvements.
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Landlord, at Landlord's sole expense, shall provide the improvements shown
on Exhibit "B" attached hereto. All improvements shall be based upon the
Building Standard Improvements specifications and shall match the improvements
in suite 1400.
First Amendment to Lease
Cumetrix Data Systems
February 1, 2000
Page 2
RATIFICATION.
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Except as modified expressly or by necessary implication hereby, all
of the terms and conditions of the Lease shall remain unchanged and in full
force and effect. To the extent the provisions of this Amendment are
inconsistent with the provisions of the Lease, the provisions of this Amendment
shall control and supersede such inconsistent provisions in the Lease.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date
set forth below.
"TENANT"
Cumetrix Data Systems, Online Transaction Technologies
a California corporation a California Corporation
By: By: //s//
--------------------------- ----------------------------
Its: Its: CEO
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Date Signed: Date Signed: 3/30/00
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"LANDLORD"
L.A.T. INVESTMENT CORPORATION,
a California corporation
By: /s/
---------------------------
▇▇▇▇▇▇ ▇. Kia
Its: Vice President
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Date Signed: 4/3/00
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EXHIBIT "A"
PREMISES FLOOR PLAN
EXHIBIT "B"
TO FIRST AMENDMENT TO LEASE
CUMETRIX DATA SYSTEMS / ONLINE TRANSACTION TECHNOLOGIES
SUITE 1400
Landlord shall provide the following Building Standard Improvements:
1. Remove walls and doors as shown;
2. Construct new walls and doors as shown;
3. Install new carpet to match suite 1400;
4. Paint all walls to match suite 1400;
5. Change lighting in offices.
