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Exhibit
10.253
Tenant: PPD Development,
LLC
Suite: Dabney VII, Addition
of Suites L, M & N
FIRST AMENDMENT TO
LEASE
THIS FIRST AMENDMENT TO LEASE
(this “Amendment) is made and entered into as of
March 9, 2007, by and between BRANDYWINE GRANDE C, L.P
., a Delaware limited partnership (“Landlord”),
and PFD DEVELOPMENT, LP, a Texas limited partnership (
“
Tenant ” ).
A. Landlord and Tenant, as
successor-in-interest to PPD Development, LLC, are parties to a
certain Lease (the “ Lease ” ) dated as of
July 1,2001, for approximately 75,133 rentable square feet of
space (the “Original Premises”), as more
particularly described in the Lease.
B. Tenant desires to lease
from Landlord, and Landlord desires to lease to Tenant, certain
additional premises known as Suites L, M and N (the
“Suites L, M & N Premises”) in the Dabney
VII building located at 2246 Dabney Road, Richmond, Virginia 23230
(the “Dabney VII Building”), which additional
premises are shown on the location plan attached hereto as
Exhibit A. The parties hereby confirm that the Suites L, M
& N Premises are 6,577 rentable square feet of space in the
aggregate.
C. The portion of the Suites
L, M & N Premises comprising Suites M & N contains 4,580
rentable square feet and is referred to herein as “Suites
M & N”. The portion of the Suites L, M & N
Premises comprising Suite L contains 1,997 rentable square feet and
is referred to heroin as “Suite L ”.
D. Landlord and Tenant wish
to amend the Lease to, among other things, expand the Original
Premises to include the Suites L, M & N Premises upon the terms
and conditions set forth herein,
NOW, THEREFORE, in
consideration of the mutual covenants and agreements contained
herein, Landlord and Tenant hereby agree as follows:
1. Incorporation of Recita
ls: Definitions. The recitals set forth above are hereby
incorporated herein by reference as if set forth in full in the
body of this Amendment Capitalized terms used but not otherwise
defined in this Amendment shall have the respective meanings given
to them in the Lease.
2.
Premises.
(a) Effective on the Suites M
& N Commencement Date (as defined in Section 3(a)
below), as used in the Lease: (i)
“Premises” shall mean, collectively, the
Original Premises and Suites M & N; (ii)
“Tenant’s Allocated Share” with respect to
the Dabney VII Building shall mean 94.0%; and (ii)
“Rentable Area” with respect to the Premises
shall mean 79,713.
(b) Effective on the Suite L
Commencement Date (as defined in Section 3(b) below),
as used in the Lease; (i) “Premises” shall
mean, collectively, the Original Premises and Suite L; (ii)
“Tenant’s Allocated Share” with respect to
the Dabney VII Building shall mean 86.23% and (ii)
“Rentable Area” with respect to the Premises
shall mean 77,130.
(e) Notwithstanding the
foregoing, effective on the later of the Suites M & N
Commencement Date and the Suite L Commencement Date, as used in the
Lease: (i) “Premises” shall mean,
collectively, the Original Premises, Suite L, and Suites M & N;
(ii) “Tenant’s Allocated Share” with
respect to the Dabney VII Building shall mean 100%; and (iii)
“Rentable Area” with respect to the Premises
shall mean 81,710 square feet.
(d) Tenant acknowledges and
agrees that, notwithstanding any provision of the Lease to the
contrary, Landlord shall have no obligation to make any
improvements to the Suites L, M & N Premises in connection with
this amendment, and Tenant accepts them in their current “AS
IS” condition.
3. Term.
(a) The Term for Suites M
& N shall commence on the date Landlord delivers possession of
the Suites M & N to Tenant (the “Suites M & N
Commencement Date”); provided if Landlord is unable to
deliver possession of Suites M & N to Tenant on any particular
date for any reason, including without limitation the holdover of
the current tenant, the Lease as amended hereby shall continue in
effect and Landlord shall not be liable to Tenant or any third
party for such inability. The Suites M & N Commencement Date
and expiration date of the Term shall be confirmed by Landlord and
Tenant by the execution of a Confirmation of Lease Term (the
“COLT”) in the form attached hereto as
Exhibit B. If Tenant fails to execute or object to the COLT
within ten (10) business days of its delivery,
Landlord’s determination of such dates shall be deemed
accepted.
(b) The Term for Suite L
shall commence on the date Landlord delivers possession of Suite L
to Tenant (the “ Suite L Commencement Date”),
which data is estimated to be May 1, 2007; provided if
Landlord is unable to deliver possession of Suite L to Tenant on
any particular date for any reason, including without limitation
the holdover of the current tenant, the Lease as amended hereby
shall continue in effect and Landlord shall not be liable to Tenant
or any third party for such inability. The Suite L Commencement
Date and expiration date of the Term shall be confirmed by Landlord
and Tenant by the execution of a Confirmation of Lease Term (the
“COLT”‘) in the form attached hereto as
Exhibit B. If Tenant fails to execute or object to the COLT
within ten (10) business days of its delivery,
Landlord’s determination of such dates shall be deemed
accepted.
(c) The Term for the Premises
(collectively, the Original Premises and the Suites L, M & N
Premises) shall terminate on June 30, 2015.
4. Fixed Rent. Fixed
Rent for
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