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Exhibit
10.2
ADDENDUM NO. 1 TO
AMEMDMENT NO. 2 TO LEASE AGREEMENT
This Addendum No. 1 to
Amendment No. 2 to Lease Agreement (“ Addendum
No. 1 ”) is made on May 29, 2007, as of the
Amendment Date between the Landlord identified in the Basic
Information Relating to Amendment No. 2 (“
Landlord ”), and the Tenant identified in the Basic
Information Relating to Amendment No. 2 (“ Tenant
”), with respect to the Lease Agreement, dated July 17,
2006, as amended by Amendment No. 1 to Lease Agreement, dated
November 2, 2006 , as amended by Amendment No. 2 to Lease
Agreement, dated May 29, 2007 (collectively, the “
Lease ”), by and between the Landlord and the
Tenant.
1. Paragraph 6.2 of Amendment No. 2
to Lease Agreement is hereby deleted in its entirety, and the
following is inserted in its place and stead:
6.2 Additional Rent .
The provisions of the Lease that relate to Additional Rent under
the Lease shall not apply to the Tenant’s right to occupy the
New Premises under this Amendment No. 2, provided, however,
that, so long as Tenant is the only occupant of the Building in
which the New Premises is located, Tenant shall (i) contract
and pay directly, in its own name, for all electrical and natural
gas service to the entire Building of which the New Premises is a
part, and (ii) reimburse Landlord, in each case within fifteen
(15) calendar days of Tenant’s receipt of copies of
applicable invoices, for the provision of all other utility
services to the entire Building of which the New Premises is a
part, provided, however, that Landlord shall pay for all water
service to the Building of which the New Premises is a part. In the
event that any other person or entity commences occupancy of any
portion of the Building of which the New Premises is a part, during
the Initial Term or any Extended Term of this Lease, then the cost
of utility services to the Building of which the New Premises is a
part shall be apportioned between the other occupant(s) and Tenant,
on the basis of the square footage occupied by each.
2. CAPITALIZED TERMS. Capitalized terms
employed but not defined in this Amendment No. 2
shall
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