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Exhibit
10.12(a)
AMENDMENT TO COMMERCIAL
LEASE
This AMENDMENT TO COMMERCIAL LEASE (the
“Amendment”) is effective as of the 6th day of May,
2005 by and between BARTMANNS, PERALES & DOLTER, LLC
(“Lessor” or “BP&D”) and RUBICON
TECHNOLOGY, INC. (“Lessee” or
“Rubicon”).
PRELIMINARY
STATEMENTS
1. Rubicon is the lessee of certain
premises described as 9901-9923 Franklin Avenue, Franklin Park,
Illinois (the “Premises”) pursuant to a certain
Commercial Lease dated December 23, 2004 (the
“Lease”) for a term of ten years commencing with the
Commencement Date (as defined in the Lease).
2. Rubicon desires to extend the
Commencement Date of the Term, and Rubicon has agreed to make
certain monetary payments to BP&D and to perform certain
repairs, at Rubicon’s expense, required by the Village of
Franklin Park as consideration for BP&D’s extending of
the Commencement Date.
3. BP&D and Rubicon desire to amend
the Lease as set forth herein.
NOW, THEREFORE, in consideration of the
foregoing, and in consideration of the mutual obligations and
benefits to be derived by the parties hereto, and other good and
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto hereby agree as
follows:
1. Preliminary Statements
. The Preliminary Statements set forth above are hereby
incorporated by reference as a material part of this Amendment and
shall not be deemed mere recitals.
2. Term . BP&D and
Rubicon hereby amend the Lease by deleting Paragraph 1 of the Lease
in its entirety and inserting in its place as a new Paragraph 1 the
following:
“1. The term of this
Lease shall commence on the Commencement Date (as defined below)
and end on the date immediately preceding the tenth (10 th ) anniversary of the Commencement
Date. As used in this Lease, “Commencement Date” shall
mean August 1, 2005. Prior to the Commencement Date, the
following shall have occurred: (i) Lessor obtaining record
title to the Premises, (ii) Lessee receiving a copy of the
existing Phase I Environmental Report on the Property prepared by
Noble & Associates, Inc., dated January 22, 2002, and
the No Further Remediation Letter issued by the Illinois
Environmental Protection Agency dated March 28, 2003,
(iii) Lessee obtaining a temporary certificate
of
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