Exhibit 10.1
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE is
effective as of the 31st day of October, 2007 (the
“Amendment”) by and between RALEIGH FLEX OWNER I
LLC, a Delaware limited liability company
(“Landlord”) (successor-in-interest to Duke Realty
Limited Partnership) and CATAPULT COMMUNICATIONS
CORPORATION, a Nevada corporation (“Tenant”).
WITNESSETH:
WHEREAS, Duke Realty Limited
Partnership and Tenant entered into a certain Lease dated
October 21, 2002 (the “Lease”) whereby Tenant
leased approximately 30,835 rentable square feet of space located
at 800 Perimeter Park Drive, Suite A, Morrisville, North
Carolina 27560 (the “Leased Premises”) located in
EastRidge at Perimeter Park (formerly known as Perimeter Park) (the
“Park”); and
WHEREAS, Duke Realty Limited
Partnership transferred all right, title and interest in the
Premises and the Lease to FirstCal Industrial 2 Acquisition, LLC,
who then transferred all right, title and interest in the Premises
and Lease to the Landlord; and
WHEREAS, the Lease shall expire on
May 31, 2008 (the “Expiration Date”); and
WHEREAS, pursuant to
Section 16.13 of the Lease (the Option to Extend) the Landlord
and Tenant desire to renew and extend the Term of the Lease for an
additional five (5) years from the Expiration Date; and
WHEREAS, the Landlord and Tenant
desire to further amend and modify the Lease as provided
herein.
NOW, THEREFORE, in consideration of
the mutual covenants and conditions contained herein, and other
good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as
follows:
1. The foregoing
recitals are true and correct and are incorporated herein by
reference. All capitalized terms not defined herein shall have the
meaning given to them in the Lease.
2. Section 1.01
(C) of the Lease shall be deleted in its entirety and shall be
replaced with the following:
“C. Tenant’s
Proportionate Share: 6.48% of the Park. The square footage of the
Park is 476,039 square feet. The determination of Tenant’s
Proportionate Share shall conclusively be deemed correct for all
purposes hereunder. ”
3. The Lease Term is
renewed and extended for five (5) years from the Expiration
Date (the &l
