EXHIBIT 10.23
AMENDMENT NUMBER 1 TO LEASE AGREEMENT DATED OCTOBER 15, 1999
BETWEEN THE COMPANY AND XXXXXXXX CORNERSTONE, L.P.,
A DELAWARE LIMITED PARTNERSHIP
AMENDMENT NO. 1 TO LEASE
BY AND BETWEEN
XXXXXXXX CORNERSTONE, L.P., AS LANDLORD,
AND
ENCAD, INC., AS TENANT
THIS AMENDMENT NO. 1 TO LEASE is entered into and made as of the 19th
day of April 2000 by and between XXXXXXXX CORNERSTONE, L.P., a Delaware
corporation ("Landlord") and ENCAD, INC., a Delaware corporation ("Tenant").
R E C I T A L S
WITNESSETH:
A. WHEREAS, on or about October 15, 1999, Landlord and Tenant
entered into that certain Lease (collectively "The Lease") for space located at
6059 and 0000 Xxxxxxxxxxx Xxxxx Xxxx, Xxx Xxxxx, Xxxxxxxxxx (the "Premises");
B. WHEREAS, Landlord and Tenant desire to amend and modify the
Lease in the manner described herein below;
NOW, THEREFORE, in consideration of the Premises recited herein above, the
terms, provisions, conditions, covenants and agreements of this Amendment set
forth herein below, and for other good and valuable consideration, the receipt
and sufficiency of which is acknowledged by each of the parties hereto, Landlord
and Tenant do hereby agree to modify and amend the Lease as follows:
A G R E E M E N T
1. The defined terms in this Amendment are indicated by initial capital
letters. Defined terms shall have the same meaning in this Amendment as
they do in the Lease.
2. Section 1.3 of the Lease, entitled Term, is hereby amended as follows:
The commencement date shall be January 27, 2000 and the termination date
shall be January 26, 2007.
3. Except as set forth in paragraph 2 above, all terms, provisions,
conditions, covenants and agreements of the Lease shall remain unchanged
and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the
date and year first above written.
"TENANT"
ENCAD, INC.
a Delaware Corporation
By: /s/ Xxxxxx X. Xxxxx
---------------------------
Its: V.P.
---------------------------
Date: 4/25/00
---------------------------
By: /s/ Xxxx X. Xxxxxxx
---------------------------
Its: V.P. and C.F.O.
--------------------------
Date: 5/4/00
---------------------------
LANDLORD:
XXXXXXXX CORNERSTONE, L.P.
a Delaware limited partnership
By: Xxxxxxxx Cornerstone GP L.L.C.,
A Delaware limited liability company,
General Partner
By: Xxxxxxxx ENCAD L.L.C.,
a Delaware limited liability company,
Its sole Member
By: /s/ Xxxxxx X. Xxxxxxxx
--------------------------------
Xxxxxx X. Xxxxxxxx
Member
