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AMENDMENT TO AMENDED AND RESTATED LEASE

Lease Agreement

AMENDMENT TO AMENDED AND RESTATED LEASE | Document Parties: PC CONNECTION INC | Merrimack Services Corporation | VP Facilities & Site Services You are currently viewing:
This Lease Agreement involves

PC CONNECTION INC | Merrimack Services Corporation | VP Facilities & Site Services

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Title: AMENDMENT TO AMENDED AND RESTATED LEASE
Date: 3/16/2009
Industry: Retail (Catalog and Mail Order)     Sector: Services

AMENDMENT TO AMENDED AND RESTATED LEASE, Parties: pc connection inc , merrimack services corporation , vp facilities & site services
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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:

 

1.

AMENDMENTS TO LEASE

 

 

1.1

Section 3.7 Management and Operation of Common Areas. Section 3.7 is hereby replaced with the following paragraph:

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.

 

 

1.2

Section 3.8. Lessee to Share Expense of Common Areas. Section 3.8 is hereby replaced with the following paragraph:

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.

 

 

1.3

Section 3.9 . Lessor’s Operating Agreement . Section 3.9 is hereby replaced with the following paragraph:

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


 
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