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Addendum 1 to the Lease Agreement of 11.29./11.30.2000 pertaining to premises used as office space and to the Lease Agreements of 01.11.2001, 05.07.2004 and 09.27./10.01.2004 pertaining to parking spaces and garages

Lease Addendum

Addendum 1 

to the Lease Agreement of 11.29./11.30.2000
pertaining to premises used as office space
and to the Lease Agreements of 01.11.2001, 05.07.2004 and 09.27./10.01.2004
pertaining to parking spaces and garages

 
  
  
 
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This Lease Addendum involves

STAAR SURGICAL CO

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Title: Addendum 1 to the Lease Agreement of 11.29./11.30.2000 pertaining to premises used as office space and to the Lease Agreements of 01.11.2001, 05.07.2004 and 09.27./10.01.2004 pertaining to parking spaces and garages
Date: 5/10/2006
Industry: Medical Equipment and Supplies    

Addendum 1 

to the Lease Agreement of 11.29./11.30.2000
pertaining to premises used as office space
and to the Lease Agreements of 01.11.2001, 05.07.2004 and 09.27./10.01.2004
pertaining to parking spaces and garages

 
  
  
 
, Parties: staar surgical co
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EXHIBIT 10.61

Addendum 1

to the Lease Agreement of 11.29./11.30.2000
pertaining to premises used as office space
and to the Lease Agreements of 01.11.2001, 05.07.2004 and 09.27./10.01.2004
pertaining to parking spaces and garages

 

 

 

between

 

Deutsche Commercial Property Hamburg 2 GmbH

 

 

Mergenthalerallee 73 - 75

 

 

65760 Eschborn

 

 

 

 

 

represented by Mr. Ralf Selke, General Manager

 

 

and Mr. Gunther R. Deutsch, Assistant Vice President

 

 

“domiciled ibidem”

 

 

 

 

 

VAT registration number: DE223646635

 

 

 

 

 

- hereinafter referred to as “ Lessor”

 

 

 

and

 

Domilens GmbH

 

 

Holsteiner Chaussee 303a

 

 

22457 Hamburg

 

 

 

 

 

represented by Mr. Günther Roepstorff, General Manager

 

 

“domiciled ibidem”

 

 

 

 

 

CR B 38182, District Court of Hamburg (Lesse’s certificate of registration from the Commercial Register is submitted as Exhibit 2 )

 

 

 

 

 

- hereinafter referred to as “ Lessee”

Preliminary remark:

Currently, the following Lease Agreements entered into by Deutsche Commercial Property Hamburg 2 GmbH and Domilens GmbH are in effect: the Commercial Lease Agreement of 11.29./11.30.2000 pertaining to premises used as office space and the Lease Agreements dated 01.11.2001, 05.07.2004 and 09.27./10.01.2004 pertaining to parking spaces located in parking lots and garages.
With this Addendum, the parties agree to a reduction in rent beginning on 01.01.2006. At the same time, the provision regarding the term of the Lease is being modified. Furthermore, Lessee is leasing an additional parking space, i.e. Space 35, in the underground garage.

A) New Provisions to the Lease Agreement of 11.29./30/11/2000

Re: Section 3 – Term and Termination of Lease

 

 

 

- re:

 

3.03 The parties agree to a fixed-term lease expiring on 12.31.2010.

 

 

 

 

 

After the expiration of the fixed-term lease, Lessee shall be entitled to exercise a one- time option to extend the Lease by 5 years under the same terms. Lessee shall be required to exercise this option by giving unilateral notice to Lessor no later than 12 months prior to the expiration of the Lease. Lessee must exercise the option by means of a registered letter, which must be received by Lessor no later than on the last working day before the commencement of the 12 months’ notification period. The date of receipt

1


 

 

 

 

 

 

of the notice shall determine whether or not the option was exercised by Lessee in time. The right to extend the Lease cannot be exercised if Lessee has been subletting the leased Premises either as a whole or in part.

 

 

 

- re: 3.04

 

Lessee hereby waives its special right to terminate the Lease as of 06.30.2007.

 

 

 

-

 

The term of the Lease pertaining to any and all leased parking spaces shall also be fixed and shall expire on 12.31.2010.

Re: Section 5 – Rent, Utilities, Heating Costs, Payment and Accounting

 

 

 

- re: 5.01

 

Beginning on 01.01.2006, rent and utilities shall be payable as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Type of leased

 

 

 

 

Size

 

 

 

 

 

space

 

 

Total in EUR

 

 

1,721.83 m 2

 

office

 

 

15,066.01

 

27

 

units

 

parking spaces in underground garage

 

+

1,339.57

 

1

 

unit

 

parking space in underground garage

 

+

45.00

 

6

 

units

 

parking spaces in parking lot

 

+

0.00

 

 

 

 

 

 

 

 

 

 

 

 

 

Total net monthly rent

 

 

 

 

- without the prepaid installment for operating costs -

 

=

16,450.58

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Current monthly prepaid installment for operating costs:

 

 

 

 

1,721.83 m 2

 

+

3,443.66

 

 

 

 

 

 

 

 

 

 

 

 

 

Total net monthly rent

 

 

 

 

- including the pr


 
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