FIRST AMENDMENT TO
LEASE
THIS FIRST
AMENDMENT TO LEASE (this “First Amendment”) is made to
be effective as of the 30th day of January, 2009, by and between
617 7 th
STREET ASSOCIATES, LLC, a Delaware
limited liability company (“Landlord”), and
CYBERDEFENDER CORPORATION, a California corporation
(“Tenant”).
Recitals
A. Landlord
and Tenant entered into that certain Lease dated October 19, 2007
(the “Lease”), covering certain space known as Suite
401 and consisting of approximately 4,742 square feet of net
rentable area (the “Current Premises”) located on the
fourth (4 th )
floor of that certain building located at 617 West 7
th Street, Los Angeles, California (the
“Building”).
B. The
Lease Term commenced on March 24, 2008 and expires on May 31,
2013.
C. Tenant
desires to lease from Landlord and Landlord desires to lease to
Tenant Suite 404 consisting of approximately 2,395 square feet of
net rentable area located on the fourth (4 th )
floor of the Building as more particularly described on Exhibit
A attached hereto (the “Expansion Premises” or
“Suite 404”) for a term of one year commencing January
26, 2009 and ending January 25, 2010.
D. Landlord
and Tenant are currently negotiating a potential relocation and
further expansion of the Expansion Premises into approximately
15,876 square feet of net rentable area located on the ninth
(9 th
) floor of the Building (the
“Ninth Floor Space” and the potential lease thereof,
the “Ninth Floor Lease”) for a term consisting of the
entire remaining balance of the Lease Term.
E. Unless
otherwise expressly provided herein, capitalized terms used herein
shall have the meanings as designated in the Lease.
Agreement
:
In
consideration of the mutual covenants and agreements contained
herein and in the Lease, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged,
Landlord and Tenant hereby agree as follows:
1.
Addition of Expansion Space to Premises . For the
period commencing on January 30, 2009 (the “Expansion
Effective Date”) and ending January 29, 2010 (the
“Expansion Period”), the Premises shall be expanded to
include the Current Premises and the Expansion
Premises. As of the Expansion Effective Date and
continuing throughout the Expansion Period, all references in the
Lease (and, where the context so requires, in this First Amendment)
to the “Premises” shall be deemed to include the
Expansion Premises in addition to the Current
Premises. The Expansion Premises shall be added to the
Premises, for all purposes, as of the Expansion Effective Date and
for the Expansion Period, upon and subject to all of the terms,
covenants and conditions of the Lease (as amended hereby);
provided, however, that Tenant’s obligation to make rental
payments under the Lease with respect to the Expansion Premises, as
set forth below, shall commence upon the Expansion Effective
Date. After the addition of the Expansion Premises to
the Premises as more fully set forth in this First Amendment and
throughout the Expansion Period, the Premises will be deemed to
consist of 7,137 square feet of net rentable area.
2.
Expansion Space Delivery . Tenant acknowledges that it has
had an opportunity to conduct, and has conducted, such inspections
of the Expansion Premises as it deems necessary to evaluate their
condition. Tenant shall accept possession of the
Expansion Premises in their current “as-is”
condition.
3.
Construction of Improvements
. Landlord shall have no obligation to make
any repairs, improvements, additions or alterations to the
Expansion Premises or to provide any tenant improvement allowance
to Tenant in connection therewith. Without limiting the
generality of the foregoing, the Work Letter attached to the Lease
as Exhibit E shall not apply with respect to the Expansion
Premises. Tenant shall be solely
responsible for constructing at its sole cost and expense any
improvements to the Expansion Premises required for Tenant’s
use of the Expansion Premises.
4.
Amendment to Exhibit A . To reflect the addition
of the Expansion Premises to the Premises, for the period
commencing on the Expansion Effective Date and continuing
throughout the Expansion Period, Exhibit A to the Lease
shall be amended to also include Exhibit A to this First
Amendment.
5.
Base Monthly Rent – Expansion Premises
. Commencing on the Expansion Effective Date, and
continuing each month throughout the Expansion Period, Tenant shall
pay Base Monthly Rent for the Expansion Premises (in addition to
any other Base Monthly Rent due and payable under the Lease) as
follows:
|
Time Period
|
|
Base Monthly Rent
|
|
|
|
|
|
|
January 30,
2009 – January 29, 2010
|
|
$
|
5,787.92
|
|
|
|
|
|
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Notwithstanding the foregoing, and on the
express condition that Tenant abides by all of the terms and
conditions of the
