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Exhibit 10.2
FIRST AMENDMENT TO LEASE
THIS AMENDMENT ("Amendment") is made effective as of the 17th
day of October 2005, by and between LIBERTY PROPERTY LIMITED
PARTNERSHIP, a Pennsylvania limited partnership (hereinafter called
‘Landlord’), and ev3, INC., a Delaware corporation
(hereinafter called "Tenant"),
BACKGROUND:
A.
Landlord and Tenant arc parties to that certain
Lease dated as of May 3, 2002 (the "Lease") for certain premises
containing approximately 63,891 rentable square feet in the
Building known as Nathan Lane Technology Center and having an
address of 4600 Nathan Lane, Plymouth, Minnesota.
B.
At Tenant’s request. Landlord has agreed to
expand the parking lot serving the Property on the terms and
conditions set forth in this Amendment.
AMENDMENT:
Now therefore, for good and valuable consideration, the receipt
and legal sufficiency of’ which the parties acknowledge, the
parties agree as follows:
1.
Parking Lot Expansion .
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(a)
Landlord and Tenant hereby approve the plans for the
expanded parking lot and related improvements (the "Parking
Improvements") attached to this Amendment as Exhibit "A"
(the "Plans"). Landlord shall secure from the Contractor performing
the Parking Improvements for the benefit of the Landlord and the
Tenant a warranty that the Parking Improvements will be of good
quality free from defects for a period of I (one) year and suitable
for the intended uses.
(b)
Subject to the issuance of all necessary permits and
approvals, Landlord shall complete the Parking Improvements, at
Tenant’s expense, in accordance with the Plans. The target
completion date for the Parking Improvements is November 30, 2005,
subject to extension for delays due to weather or any other cause
beyond the reasonable control of Landlord or Landlord’s
contractors or suppliers.
(c)
Tenant shall be responsible for the aggregate of all
costs, expenses and fees incurred by or on behalf of Landlord in
connection with the Parking Improvements (the "Tenant’s
Costs"), including without limitation (i) architectural,
engineering and design costs, (ii) all other costs incurred
in
connection with obtaining the necessary permits
and approvals, (iii) reasonable attorneys’ fees incurred in
connection with the preparation and negotiation of agreements,
easements, consents and other documentation necessary or
a
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