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THIS AMENDMENT NO.
2 TO LEASE (this “Amendment” ) is made as of the
17 day of February , 2009 ( “Effective
Date” ) by and between WISCONSIN PLACE OFFICE LLC,
a Delaware limited liability company (
“Landlord” ), and CAPITALSOURCE FINANCE
LLC, a Delaware limited liability company (
“Tenant” ).
WHEREAS, Landlord
and Tenant have previously entered into that certain Office Lease
Agreement dated as of the 27th day of April, 2007 as amended by
Amendment No. 1 to lease dated as of August 25, 2008 (as
amended, the “Original Lease” ) with respect to
One Hundred and Thirty Four Thousand Seven Hundred Ninety-Three
(134,793) square feet of rentable area ( “Original
Premises” ) in the office building (
“Building” ) that is part of the Project known
as Wisconsin Place, as more particularly described in the Original
Lease;
WHEREAS, Landlord
and Tenant have agreed to amend Exhibit B , Work
Agreement, to the Original Lease; and
NOW, THEREFORE, in
consideration of the mutual covenants contained herein and other
good and valuable consideration, the receipt and sufficiency of
which hereby are acknowledged, the parties hereto, intending to be
legally bound hereby, covenant and agree as follows:
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1.
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Defined Terms
. Except as otherwise
provided herein, all capitalized terms used herein shall have the
same meanings as provided for such terms in the Original Lease. The
Original Lease, as modified and amended by this Amendment shall be
referred to herein as the “Lease.” All
references to the “Lease” in the Original Lease
and this Amendment are deemed to mean the Original Lease, as
modified and amended by this Amendment.
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2.
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Amendment to Exhibit B Work
Agreement .
Paragraph 3(a) of Exhibit B to the Original Lease, Work
Agreement, is deleted in its entirety and replaced with the
following:
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Tenant has requested that Landlord
complete the initial leasehold improvements in the Premises
(collectively, the “Leasehold Work” ) in two
phases (each a “Phase” ). The first phase (
“Phase I” ) of the Leasehold Work (the
“Phase I Leasehold Work” ) shall include
construction of the initial leasehold improvements to be located on
the second (2 nd ) floor of the Building. The second
phase
(“Phase II”) of the
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Wisconsin
Place
Capital Source Lease Amendment No. 2
1
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Leasehold Work (the “Phase
II Leasehold Work”) shall include the construction of
initial leasehold improvements (other than the Phase I Leasehold
Work) in any space for which Tenant delivers the Permit Drawings
and the Construction Documents (each as defined in Section 4
below) to Landlord on or before the date that is eighteen
(18) months after the Lease Commencement Date. The Phase II
Leasehold Work may consist of one or more sub-phases in
Tenant’s discretion, it being agreed that any Leasehold Work
(other than Phase I Leasehold Work) for which Tenant delivers
Permit Drawings and Constructio
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