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EXHIBIT 10.9
SECOND LEASE MODIFICATION AND EXTENSION AGREEMENT
THIS
SECOND LEASE MODIFICATION AND EXTENSION AGREEMENT is made and
entered
into this 12th day of April, 2004, by and
between AMB PROPERTY, L.P., a Delaware
limited partnership (hereinafter referred
to as "Lessor"), and MEDWAVE, INC., a
Minnesota corporation (hereinafter referred
to as "Lessee").
WITNESSETH:
WHEREAS,
Lessor and Lessee have entered into a lease agreement dated the
10th day of April, 1997, (hereinafter
referred to as "Lease"), and the Lease was
amended on November 30, 1999, and on March
29, 2002, wherein Lessor leased to
Lessee and Lessee rented from Lessor 4382
Round Lake Road West ("Premises")
consisting of approximately 5,964 square
feet of net rentable area in the
Building commonly known as Round Lake
Business Center;
WHEREAS, the Term of the Lease as set forth
in the Lease was to expire May 31,
2004; and
WHEREAS,
at the special insistence and request of Lessee, Lessor has
agreed to extend the Term of the Lease, and
make such other amendments to the
Lease as provided below.
NOW,
THEREFORE, in consideration of the mutual promises of the
parties
hereto and other good and valuable
consideration, the receipt and sufficiency of
which are hereby acknowledged, the Lease
shall be amended as follows:
1.
Recitals.
The above recitals shall constitute an integral pact of
this Amendment.
2.
Capitalized Terms. Capitalized terms set forth in this
Amendment
shall have the same meaning as in the Lease, unless
specifically
modified and amended herein.
3.
Term of
Lease. The Term of the Lease shall be extended for an
additional three (3) years commencing June 1, 2004, and
terminating
May 31, 2007, unless earlier terminated, as provided in the
Lease
(the "Extended Term").
4.
Monthly
Base Rent. During the Extended Term, Lessee shall pay to
Lessor as Monthly Base Rent on or before the fret day of each
month
per the terms and conditions set forth in the Lease as follows:
(a) June 1,
2004, through May 31, 2005: Two Thousand Eight Hundred
Fifty-Seven and 75/100 Dollars ($2,857.75).
(b) June 1,
2005, through May 31, 2006: Two Thousand Nine Hundred
Thirty-Two and 30/100 Dollars ($2,932.30).
(c) June 1,
2006, through May 31, 2007: Two Thousand Nine Hundred
Seventy-Two and 06/100 Dollars ($2,972.06).
5.
Tenant
Improvements: Lessor shall, at Lessor's expense, replace one
HVAC unit on the westerly portion of the Premises. The work will
be
performed during regular bus
