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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 busi
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