Pursuant to Exhibit. C, paragraph 1 of the Lease, Landlord agrees to lease and Tenant agrees to accept in its “AS IS WHERE IS” condition, Suite 320 in Two Paragon Centre deemed to be 4,581 square feet of rentable space. Paragraph 2.1 of the Lease shall be amended to include Suite 320 as a part of the Premises and the total rentable square footage of the Premises shall be amended to 55,190 square feet effective April 13, 2007. The term for Suite 320 shall run co-terminous with the remainder of the Premises. Paragraph 2.2 of the Lease is hereby amended to state that Tenant’s obligation to pay Base Rent and Tenant’s Prorata Share of Operating Expenses for Suite 320 commences July 1, 2007. Exhibit C, paragraph 1 will continue to be in full force and effect as it pertains to Suites 220 and 250 in Two Paragon Centre.
Pursuant to Exhibit. 1 of the SPA, this Agreement regulates the terms and conditions applicable to Effort as a result of its appointment as a director of the Company, for a period of 3 (three) years after the Closing Date, clarifying the corresponding remuneration conditions, obligations of non-competition and confidentiality, among others.
Pursuant to Exhibit. C, paragraph 1 of the Lease, Landlord agrees to lease and Tenant agrees to accept in its “AS IS WHERE IS” condition, Suite 220 in Two Paragon Centre, thereby making Tenant the sole occupant of the entire building known as Two Paragon Centre. Paragraph 2.1 of the Lease shall be amended to include Suite 220 as a part of the Premises and the total rentable square footage of the Premises shall be amended to 65,917.6 square feet effective May 1, 2009. Exhibit B shall be replaced with the attached Exhibit B. The term for Suite 220 shall run co-terminous with the remainder of the Premises. Paragraph 2.2 of the Lease is hereby amended to state that Tenant’s obligation to pay Base Rent and Tenant’s Prorata Share of Operating Expenses for Suite 220 commences January 1, 2010. Exhibit C, paragraph 1 will be of no force and effect as Tenant now occupies the entire building of Two Paragon Centre.
Pursuant to Exhibit. C of Attachment 2 of the Interconnection Agreement, the Parties hereby agree to add the rates for Unbundled Network Element Line Sharing and revise the rates for Unbundled Loop Modification/Conditioning and Loop Make Up.
Pursuant to Exhibit. D-2 of the Lease, Landlord and Tenant have agreed that all materialmen, contractors, artisans, mechanics, laborers and other parties hereafter contracting with Tenant for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises shall be notified, and they are hereby notified, that such work is not being performed at Landlord's request, that such work shall not be deemed to be for the immediate use and benefit of Landlord, that they must look solely to Tenant for payment of same and that no mechanic's, materialman's, artisan's, construction or other lien shall validly attach to the estate of Landlord by reason of Landlord's consent to such work. All terms, conditions, provisions and covenants of the Lease are incorporated in this Memorandum of Lease by reference as though fully set forth herein, and the Lease and this Memorandum of Lease shall be deemed to constitute a single instrument or document. This Memorandum of Lease has been entered into by Landlord and Tenant for purposes of recordation in the appropriate real estate records in Dallas County, Texas to provide notice to third parties of the Lease and nothing contained herein shall be deemed or construed to amend, modify, change, alter, amplify, interpret or supersede any of the terms and provisions of the Lease. In the event of a conflict between the terms of the Lease and the terms of this Memorandum of Lease, the terms of the Lease shall control. Ground Lessor specifically confirms and agrees that its rights and interest under the Ground Lease are inferior and subordinate to the Lease and Tenant's rights and interests thereunder.
Pursuant to Exhibit. X-x" of the Lease, the Tenant anticipates being in partial possession of the Premises demised under the Lease on or about August 1, 2005, such possession to be delivered by the Landlord pursuant to the Lease and accepted by the Tenant.
Pursuant to Exhibit. E" of the Lease Agreement, the Cunninghams executed a Guarantee ("Guarantee") in the amount of $124,000 dated March 1. 1999. In addition, as part of the Second Amendment to Lease the Cunninghams executed at Exhibit E-1 a "Guaranty of Lease dated April 21, 2000 wherein they personally guaranteed additional $33,888.00 ("the Amended Guaranty Amount") for the increased rentable square footage.
Pursuant to Exhibit. B-1" of the Lease, the Tenant anticipates being in partial possession of the Premises demised under the Lease on or about August 1,2005, such possession to be delivered by the Landlord pursuant to the Lease and accepted by the Tenant.
