FIRST AMENDMENT TO LEASE
This First Amendment to Lease (this
“ First Amendment” ) is entered into as of
October 25, 2005 by and between HUB
PROPERTIES TRUST, a Maryland real estate investment trust
(“
Landlord ”), and DIMENSIONS INTERNATIONAL, INC., a
Virginia corporation (“ Tenant ”).
WITNESSETH:
WHEREAS,
Landlord and Tenant entered into that certain Lease dated March 3,
2004 (the “ Lease ”), for certain premises
located at 2800 Eisenhower Avenue, Alexandria, Virginia, as
more particularly described in
the Lease; and
WHEREAS,
Landlord and Tenant wish to amend the Lease to expand the premises
demised thereunder, subject to and
upon
the terms and conditions
hereinafter provided.
NOW, THEREFORE, in consideration of
the foregoing and for other consideration, the receipt and
sufficiency of which are hereby acknowledged, Landlord and Tenant
agree that the Lease is hereby
amended as follows:
1. Capitalized terms
used herein and not otherwise defined shall have the
meanings ascribed to such terms in
the Lease.
2.
The definition
of “ Premises ” set forth in Section 1.1 of the
Lease is hereby deleted and replaced with the
following:
Premises
:
The entire
third (3 rd ) floor of the Building and portion of the
fourth (4
th ) floor of the Building,
substantially as shown on Exhibit A and Exhibit A-1
attached hereto.
3.
The definition
of “ Premises Rentable Area ” set forth in
Section 1.1 of the Lease is hereby deleted and replaced with the
following:
Premises
Rentable
Area : 45,505 square feet,
consisting of 29,973 square feet on the third (3r
d ) floor (the
“Third Floor Premises” ) and 15,532 square feet
on the
fourth (4
th ) floor (the
“Fourth Floor Premises” ).
4.
The definition
of “ Annual Fixed Rent ” set forth in Section
1.1 of the Lease is hereby deleted and replaced with
the following:
Annual Fixed
Rent:
The sum of the
following amounts, as the same may be adjusted
pursuant to
the terms of the Lease.
Dates
Annual Fixed Rent
monthly
payment
7/1/07 —
6/30/08
$1,228,635.00
$102,386.25
7/1/08 —
6/30/09
$1,265,494.05
$105,457.84
7/1/09 —
6/30/10
$1,303,458.87
$108,621.57
7/1/10 —
6/30/11
$1,342,562.64
$111,880.22
7/1/11 —
6/30/12
$1,382,839.52
$115,236.63
7/1/12 —
6/30/13
$1,424,324.70
$118,693.73
7/1/13
— 6/30/14
$1,467,054.44
$122,254,54
If the
Commencement Date occurs prior to July 1, 2007 as set forth
in Section 3.1 hereof, for
the period commencing on the Commencement Date and expiring June 30, 2007, Tenant shall be
required to pay Annual Fixed
Rent as follows:
Third Floor
Premises
Dates
Annual Fixed Rent
monthly
payment
7/1/04 —
6/30/07
$599,460.00
$49,955.00
Fourth Floor
Premises
Dates
Annual Fixed Rent
monthly
payment
12/1/04 –
11/30/05
$373,855.20
$31,154.60
12/1/05 –
11/30/06
$385,070.88
$32,089.24
12/1/06
–
6/30/07
$
396,623.04
$33,051.92
5.
The definition of “
Tenant's Percentage ” set forth in Section 1.1 of the
Lease is hereby deleted and replaced with the following:
Tenant's
Percentage:
Thirty-nine
and 65/100 percent (39.65%).
6.
Section 3.1 of the Lease is hereby
deleted and replaced with the following:
3.1
Commencement
Date. The “
Commencement Date ” shall be the earlier to
occur of (i)
July 1, 2007 or (ii) the date that Landlord elects to have the term
of this Lease commence pursuant to (a)
paragraph 10(b) of that certain Consent to Sublease Agreement (the
“Hess Consent”), dated March 3, 2004, by and among
Landlord, Statoil Energy, Inc., Hess Energy, Inc. and
Tenant (with respect to the Third Floor Premises) and (b)
paragraph 10(b) of that certain
Consent to Sublease Agreement (the “ Symantec Consent
”), dated March 3, 2004, by and among Landlord, Statoil
Energy, Inc., Symantec Corporation and Tenant (with respect to
the Fourth Floor Premises). Landlord and Tenant acknowledge
that Tenant shall have
occupied the Third Floor Premises prior to the Commencement
Date pursuant to a
Sub-Sublease Agreement, dated February 2004, by and between
Hess Energy, Inc. and Tenant
(the “ Hess Sublease ”) and that Ten
ant shall have
occupied the Fourth Floor Premises prior to the Commencement Date
pursuant to a Sub-Sublease Agre
