THIS AGREEMENT OF
LEASE (this “Amendment”), made this 22
nd day of May, 2009 between the REGIONAL INDUSTRIAL
DEVELOPMENT CORPORATION OF SOUTHWESTERN PENNSYLVANIA, a
Pennsylvania nonprofit corporation having its principal office in
the City of Pittsburgh, Allegheny County, Pennsylvania (the
“Landlord”), and TOLLGRADE COMMUNICATIONS, INC., a
Pennsylvania corporation (the “Tenant”).
WHEREAS, the
parties hereto previously entered into a Lease, dated
August 31, 2005, as extended by the Renewal Notice letter
dated December 14, 2006 (collectively, the “Original
Lease”), for occupancy of the 111,600 square foot building
known as Harmar Industrial Manor, 493 Nixon Road, Cheswick,
Pennsylvania 15024 (the “Premises”) in the County of
Allegheny, Pennsylvania; the Original Lease, as amended by this
Amendment, is hereinafter referred to as the “Lease”;
and
WHEREAS, the
parties hereto desire to amend and extend the Original Lease as
hereinafter set forth;
NOW, THEREFORE, in
consideration of the mutual covenants and agreements herein and in
the Original Lease contained and intending to be legally bound
hereby, the parties hereto agree as follows:
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1.
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The
foregoing preamble clauses are incorporated herein by reference
thereto.
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2.
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Section 3
, Term , of the
Original Lease is amended to extend the term of the Original Lease
on the same terms and conditions set forth in the Original Lease,
except to the extent set forth in this Amendment. The new extended
term (the “Extended Term”, which, together with the
Term as defined in the Original Lease, shall be hereafter
collectively known as the “Term”) shall begin
July 1, 2009, continue for a period of nine (9) months,
and terminate on March 31, 2010. Notwithstanding the above,
Landlord reserves the right, by providing written notice
to
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Tenant no later
than May 31, 2009, to reduce the Extended Term to a period of
six (6) months, in which event the Lease shall terminate on
December 31, 2009.
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3.
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Section 3, Term
, of the Original Lease
is amended to add the following new paragraph to
Section 3.1.1:
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“Provided
Landlord has not exercised its right to reduce the Extended Term to
six (6) months (as described in paragraph 2 above) nor have a
prospect for the Premises, Tenant shall have the right to provide
Landlord with a minimum of ninety (90) days prior written
notice of its desire to remain i
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