Exhibit 10.30
FIFTH AMENDMENT TO LEASE
This agreement made as of the 28th day of July, 2006, between Oral Xxxxxxx
University, an Oklahoma corporation ("Landlord") and ENGlobal Engineering, Inc.,
a Texas Corporation ("Tenant").
WHEREAS, Landlord and Tenant entered into that certain "Lease Agreement"
dated January 27, 2005 with respect to premises consisting of approximately
50,631 square feet of Net Rentable Area (the "Leased Premises") in the building
located st 0000 X. 00xx Xxxxxx, Xxxxx 0000, Xxxxx, Xxxxxxxx 00000 and known as
CityPlex Towers (the "Building"), said premises being more particularly
described in the Lease; and
WHEREAS, Landlord and Tenant (the "parties") have made and executed that
certain First Amendment to Lease dated April 7, 2005, modifying and amending the
Lease upon the terms and conditions contained therein, and;
WHEREAS, Landlord and Tenant (the "parties") have made and executed that
certain Second Amendment to Lease dated June 13, 2005, modifying and amending
the Lease upon the terms and conditions therein contained and;
WHEREAS, Landlord and Tenant (the "parties") have made and executed that
certain Third Amendment to Lease dated December 28, 2005, modifying and amending
the Lease upon the terms and conditions therein contained and;
WHEREAS, Landlord and Tenant (the "parties") have made and executed that
certain Fourth Amendment to Lease dated February 27, 2006, modifying and
amending the Lease upon the terms and conditions therein contained and;
WHEREAS, Landlord and Tenant (the "parties") now desire to amend and modify
said Lease Agreement in the following particulars;
NOW THEREFORE, in consideration of the mutual convenants contained herein,
the receipt and sufficiency of which are hereby acknowledged, Landlord and
Tenant agree as follows:
1. The provisions of this Agreement shall supersede any inconsistent
provisions contained in the Lease, whether such inconsistent provisions are
contained in the printed portion of the Lease or any addendum, rider or exhibit
annexed thereto. All capitalized items not otherwise defined herein shall have
the same meanings ascribed to them in the Lease.
2. Effective September 1, 2006, the Premises shall be expanded by 11,250
net rentable square feet (as shown on Exhibit "A" attached hereto).
3. The monthly Base Rental for the above described space, subject to
adjustments called for in the Lease, shall be as follows:
September 1, 2006 - January 31, 2008 $9,093.75
The monthly Base Rental amounts above shall be in addition to the monthly
Base Rental amounts contained in Section 2d. of the Addendum to Lease and
Section 3. of the First Amendment to Lease and Section 3. of the Second
Amendment to Lease and Section 3. of the Third Amendment to Lease and Section 3.
of the Fourth Amendment to Lease.
4. This Agreement shall not constitute an agreement by Landlord or Tenant
and shall not be binding upon Landlord or Tenant unless and until this Agreement
shall be executed by Landlord and Tenant.
5. This Agreement may be changed only in writing, signed by both parties,
and shall be binding upon and inure to the benefit of Landlord and Tenant, their
respective heirs, successors and, as permitted, their assigns.
6. Except as herein expressly amended or modified the terms and conditions
of the Lease are hereby ratified and confirmed and shall remain in full force
and effect.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Fifth Amendment
to Lease as of the date first written above.
LANDLORD:
WITNESS: ORAL XXXXXXX UNIVERSITY,
An Oklahoma corporation
By:
---------------------------- --------------------------------
Xxx Xxxxxx X. X. Xxxxxxx, Vice President
---------------------------- ------------------------------------
Print Name Title
TENANT:
WITNESS: ENGLOBAL ENGINEERING, INC.
A Texas corporation
By:
---------------------------- -------------------------------
Xxxx Xxxxxxxx Xxxxxxx X. Xxxxxx, CEO
---------------------------- ------------------------------------
Print Name Title
EXHIBIT "A"
[GRAPHIC OMITTED]
