FIRST AMENDMENT TO LEASE
This FIRST AMENDMENT TO LEASE dated December 31, 2009 (this “Amendment”), is by and between THERIAC ENTERPRISES OF GREENBRIER WEST VIRGINIA, LLC, a Florida limited liability company (“Landlord”), and WEST VIRGINIA RADIATION THERAPY SERVICES, INC., a West Virginia corporation (“Tenant”).
WHEREAS, Landlord and Tenant are parties to that certain Lease dated November 28, 2008 (the “Lease”), for certain real property commonly known as 187 Skylark Drive, Fairlea, West Virginia 24902, as more particularly described on Exhibit A , attached hereto and made a part hereof; and
WHEREAS, Landlord and Tenant desire to amend certain provisions of the Lease upon and subject to the terms and conditions set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant hereby agree as follows:
1. Insurance . The first clause of the last sentence of Section 5.1.3 of the Lease is hereby deleted in its entirety and replaced with the following:
All policy proceeds will be used to equip and furnish the Premises as Tenant reasonably deems necessary to operate the business from the Premises;
2. Tenant’s Leasehold Improvements and Trade Fixtures; Landlord’s Lien Waiver . Section 10.3.1 of the Lease is hereby amended by:
(a) in the fourth and fifth lines of such section, deleting the phrase “provided Tenant shall not at such time be in default of any terms or covenants of this Lease, and”;
(b) in the fifth line of such section, deleting the word “further”;
(c) in the seventeenth line of such section, deleting the word “subordinate” and replacing it with “waive”;
(d) in the twenty-first line of such section, deleting the words “with Lender”; and
(e) in the twenty-first through twenty-third lines of such section, deleting the following: “, for so long as any lender or financier holds any lien, encumbrance of security interest in and to Tenant’s trade fixtures, equipment, furniture, inventory and apparatus,”.
3. Damage and Destruction . Section 15.1.2 of the Lease is hereby deleted in its ent