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Exhibit
10.2
F IRST A
MENDMENT TO L
EASE
T HIS F
IRST A MENDMENT TO L
EASE (this “ Amendment ”) is
entered into as of August 27, 2007, by and between D
UKE R EALTY L IMITED P
ARTNERSHIP , an Indiana limited partnership (“
Landlord ”), and R ESTORATION H
ARDWARE , I NC ., a Delaware
corporation (“ Tenant ”).
R
ECITALS
A. Landlord and Tenant
entered into that certain Lease Agreement, dated as of
August 3, 2007 (the “ Original Lease ”),
which covers all of that certain to-be-constructed building, as
well as the land it shall be situated on (the “ Land
”), located on Enterprise Parkway in that certain common
interest industrial park commonly referred to as Park 70 in
West Jefferson, Ohio, as more particularly described in the
Original Lease. Capitalized terms used but not defined herein shall
have the meanings ascribed to them in the Original
Lease.
B. Landlord has acquired the
Land prior to the September 1, 2007 deadline established under
the Original Lease.
C. Landlord and Tenant now
desire to amend the Original Lease to remove the contingency,
subject to each of the terms, conditions, and provisions set forth
herein. The Original Lease as amended by this Amendment shall be
referred to herein as the “ Lease .”
A
GREEMENT
N OW T
HEREFORE , in consideration of the agreements of
Landlord and Tenant herein contained and other valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, Landlord and Tenant hereby agree as
follows:
Section 17.26 of the
Lease is hereby deleted in its entirety and is of no further force
and effect.
(a) Entire
Agreement . This Amendment constitutes the entire
understanding of the parties with respect to the subject matter
hereof and all prior agreemen
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