Exhibit 10.24
AMENDMENT TO AMENDED AND RESTATED
LEASE
THIS AMENDMENT (the
“Amendment”) is made this 11th day of
August , 2008, by and between G&H Post, LLC, a New
Hampshire limited liability company with an address at P.O. Box
281, Gilsum, NH 03448 (hereinafter called “Lessor”),
and Merrimack Services Corporation, a New Hampshire corporation
with offices at 730 Milford Road. Merrimack, NH. 03054-4631 (the
“Lessee”).
WHEREAS, the Lessor
and PC Connection, Inc. are parties to that certain Amended and
Restated Lease dated December 29 th , 1997, as amended to assign the
amended and restated lease to Lessee (collectively, the
“Lease”), pursuant to which the Lessor leases to the
Lessee, and the Lessee rents from the Lessor, certain office space
in the office building located at 730 Milford Road, Merrimack, New
Hampshire, as further described in Section 1 of the Lease (the
“Leased Premises”) (All capitalized terms not otherwise
described herein shall have the meanings given them in the
Lease);
WHEREAS, the parties have mutually
agreed to amend the Lease as set forth in this
Amendment.
NOW, THEREFORE, subject to the terms
and conditions set forth in this Amendment and other good and
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree that the Lease shall
be amended and modified as follows:
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1.1
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Section 3.7 Management and Operation of Common Areas.
Section 3.7 is hereby replaced with the following
paragraph:
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Lessee will operate and maintain, or
will cause to be operated and maintained, the Common Areas in a
good, clean, and neat condition, and to cause snow to be removed
from the parking lot and walkways all in a reasonable manner deemed
by Lessor to be appropriate and in the best interests of the
Property, and consistent with other similar first class office
buildings. Notwithstanding the foregoing, if Lessee does not
continue to lease the building located at 732 Milford Road,
Merrimack, New Hampshire, at anytime during the term of this Lease,
then Lessor will operate and maintain the Common Areas as set forth
in this Section 3.7. Lessor will have the right (i) to
establish, modify and enforce rules and regulations with respect to
the Common Areas which rules are commercially reasonable for
Property of similar size in similar locations;
(ii) to enter into, modify and
terminate easement and other agreements pertaining to the use and
maintenance of the Common Areas, (iii) to temporarily close
all or any portion of the Common Areas to such extent as may, in
the opinion of Lessor, be necessary to prevent a dedication thereof
or the accrual of any rights to any person or to the public
therein; and (iv) to close temporarily any or all portions of
the Common Areas which may in the opinion of Lessor, be necessary
to perform Lessor's repairs or maintenance; and (v) to do and
perform such other acts in and to said areas and improvements as,
in the exercise of good business judgment, Lessor shall determine
to be advisable and in the best interest of the Property. In no
event shall Lessor alter the Common Areas in such a way as to
reduce the number of parking spaces available to Lessee below or to
otherwise materially interfere with the operation of Lessee’s
business.
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1.2
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Section 3.8. Lessee to Share Expense of Common Areas.
Section 3.8 is hereby replaced with the following
paragraph:
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Lessee will pay directly the
Operating Costs (as defined in Section 3.10 below) with the
exception of Taxes (see Section 3.5 and 3.6) and
Lessor’s insurance (see Section 10 and below).
Notwithstanding the foregoing, if Lessee does not continue to lease
the building located at 732 Milford Road, Merrimack, New Hampshire
at any time during the term of this Lease, then Lessor will pay
directly the Operating Costs as set forth in this Section 3.8
and Lessee will pay to Lessor, as additional rent, its
Proportionate Share (as defined in Section 3.10) of
Lessor’s Operating Costs on the same terms as provided in
this Section 3.8 for insurance costs. With respect to
insurance, Lessor may estimate Lessee’s monthly installments
and thereafter adjust Lessee’s monthly installments to
reflect more accurately Lessor’s insurance cost. Within one
hundred twenty (120) days (or such additional time thereafter
as is reasonable under the circumstances) after the end of each
twelve (12) month period, Lessor shall deliver to Lessee a
copy of Lessor’s insurance bill(s) for such twelve
(12) month period and the monthly installments paid or payable
shall be adjusted between Lessor and Lessee, and Lessee shall pay
Lessor or Lessor shall credit Lessee’s account (or, if such
adjustment is at the end of the Term, Lessor shall pay Lessee), as
the case may be, within fifteen (15) days of receipt of such
bill, such amounts as may be necessary to effect such
adjustment.
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1.3
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Section 3.9 . Lessor’s Operating Agreement .
Section 3.9 is hereby replaced with the following
paragraph:
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The term “Operating
Costs” means all costs and expenses reasonably incurred by or
on behalf of Lessor in operating, managing, insuring, securing and
maintaining the Property and the common areas pursuant to
Section 3.7 including, but not limited to, all costs and
expenses of