Exhibit 10.21
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”).
WITNESSETH:
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,”.
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