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EXHIBIT 10.12
FIRST AMENDMENT TO LEASE
1. PARTIES
1.1 THIS AGREEMENT made the ______day of _____,1997 is between
MONMOUTH/ATLANTIC REALTY ASSOCIATES L.P.("Lessor") whose
address is c/o Cali Realty Corporation, 00 Xxxxxxxx Xxxxx,
Xxxxxxxx, Xxx Xxxxxx 00000 and DIGITAL LIGHTWAVE, INC.
("Lessee"), whose address is 000 Xxxxxxxxx Xxxxxx, 0xx
xxxxx, Xxxxxxxxxx, Xxxxxxx 00000
2. STATEMENT OF FACTS
2.1 The parties have previously entered into a Lease dated _____
("Lease") covering approximately 8,044 gross rentable
square feet ("Premises") in the building located at 0000
Xxxxxx Xxxxxxx, Xxxxxxxx X, Xxxx, Xxx Xxxxxx ("Building");
and
2.2 Lessee desires to occupy a portion of the third (3th) floor
of 0000 Xxxxxx Xxxxxxx, Xxxx, Xxx Xxxxxx on a temporary
basis.
3. AGREEMENT
NOW, THEREFORE, in consideration of the Premises and the
covenants hereinafter set forth, Lessor and Lessee agree as
follows:
3.1 Subject to all of the terms and conditions of the Lease
covering the Premises, except as set forth herein, Lessor
hereby leases to Lessee and Lessee hereby hires from Lessor
approximately 4,634 square feet on the third (3rd) floor of
0000 Xxxxxx Xxxxxxx, Xxxx, Xxx Xxxxxx, as shown on Exhibit
A attached hereto ("Temporary Premises"). Lessee has
inspected the Temporary Premises, is satisfied with the
condition thereof, and agrees to accept possession of the
Temporary Premises in its "AS-IS" condition.
3.2 The term applicable to the Temporary Premises shall
commence October 1, 1997 and shall terminate at the earlier
of (1) the completion of the premises under the lease, or
(2) the date of cancellation of the lease pursuant to
Article 44 of the Lease.
3.3 Lessee shall pay Lessor Fixed Basic Rent applicable to the
Temporary Term in monthly installments of THREE THOUSAND
ONE HUNDRED EIGHTY-FIVE AND 88/100 Dollars ($3,185.88) on
the first day of each month without any offset or abatement
of any kind whatsoever, provided that partial months' rents
shall be prorated.
3.4 During the Temporary Term, the Temporary Premises shall be
insured according to the provisions of Article 31 Lessee's
Insurance of the Lease.
EXCEPT AS EXPRESSLY AMENDED HEREIN, the Lease dated ______ shall
remain in full force and effect as if the same had been set forth in
full herein, and Lessor and Lessee hereby ratify and confirm all of
the terms and conditions thereof.
THIS AGREEMENT shall be binding upon and inure to the benefit of
the parties hereto and their respective legal representatives,
successors and permitted assigns.
EACH PARTY AGREES that it will not raise or assert as a defense
to any obligation under the Lease or this Agreement or make any claim
that the Lease or this Agreement is invalid or unenforceable due to
any failure of this document to comply with ministerial requirements
including, but nor limited to, requirements for corporate seals,
attestation, witnesses, notarizations, or other similar requirements,
and each party hereby waives the right to assert any such defense or
make any claim of invalidity or unenforceability due to any of the
foregoing.
IN WITNESS WHEREOF, Lessor and Lessee have hereunto set their
hands the date and year first above written, and acknowledge one to
the other that they possess the requisite authority to enter into this
transaction and to sign this Agreement.
MONMOUTH/ATLANTIC REALTY DIGITAL LIGHTWAVE, INC.
ASSOCIATES L.P., LESSOR LESSEE
By: Cali Sub VII, Inc.
Managing General Partner
By: By:
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Xxxxx X. Xxxxxx Xxxx X. Xxxxxx
Vice President-Leasing Sr. Exec. Vice President
