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EXHIBIT 10.4
FIRST AMENDMENT
TO
LEASE
THIS FIRST AMENDMENT TO LEASE (this "Amendment") is made and
entered into as of August 8, 2008, by and between ARI BEN
CORPORATION, a
California corporation, ("Landlord"), and ALLERGY RESEARCH GROUP, a
Florida
corporation ("Tenant").
RECITALS
A. Landlord and Tenant entered into that certain Lease (the
"Lease"),
dated as of January 4, 2005, with respect to that certain parcel of
land
consisting of a building of approximately 29,821 square feet, which
is commonly
known as and located at 2300 North Loop Road, Alameda, California
(the
"Premises"). All capitalized terms used herein and not otherwise
defined shall
have the meanings set forth in the Lease.
B. Landlord and Tenant desire to amend the Lease on the terms set
forth
herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and
other good and valuable consideration, the adequacy of which is
hereby
acknowledged, the parties hereto agree as follows:
1. AMENDMENT AND RESTATEMENT OF SECTION 19. Subject to any
required approval of any mortgage-holder on the Premises, section
19 of the
Lease is hereby amended by deleting it in its entirety and
substituting the
following therefor:
"19. ASSIGNMENT AND SUBLETTING. Tenant has the right to sublet
all or any portion of the Premises without the consent of the
Landlord, provided
that Tenant shall remain liable to Landlord for the payment of rent
due and to
become due and the performance of all other obligations of Tenant
hereunder and,
provided further, that Tenant shall not sublet
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