Exhibit 10.9
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STATE OF SOUTH
CAROLINA
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FIRST AMENDMENT TO
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COUNTY OF RICHLAND
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LEASE AGREEMENT
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This
First Amendment to Lease Agreement (the “First
Amendment”) is entered into to be effective as of the 25 day
of March, 2009, between FONTAINE BUSINESS PARK, LLC, as
attorney-in-fact for certain entities listed in Exhibit A
(collectively, “Landlord”) and Biotel, INC. a
Minnesota corporation, hereinafter called
“Tenant.”
WHEREAS,
AP SOUTHEAST PORTFOLIO PARNTERS, L.P. (predecessor in interest to
Landlord) and Biotel, INC. (“Tenant”) entered into that
certain Lease Agreement dated October 1, 2005, (the
“Lease”) for the lease of approximately 2,903 square
feet of rentable space in the Fontaine Business Center Fontaine II,
located at 400 Arbor Lake Drive in the City of Columbia, Richland
County, South Carolina (the “Premises”);
WHEREAS,
Landlord and Tenant desire to amend the terms of the Lease to (i)
modify the Term to (ii) modify the Base Rent and (iii) to provide
for certain other matters more particularly set forth
below.
NOW,
THEREFORE, for and in consideration of the mutual promises and
provisions contained in the Lease, and other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, Landlord and Tenant, intending to be legally bound,
agree as follows:
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1.
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Modification of Section 1. b.
Section 1.b. of the Lease is hereby
deleted in its entirety and replaced with: “1.b.. Term
: The term of this lease shall be for a period of twenty four (24)
months beginning on May 1, 2009, the ‘Commencement
Date’, through April 30, 2011, the ‘Termination
Date’.”
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2.
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Modification of Section 1. e
. Section 1.e. of the Lease is
hereby deleted in its entirety and replaced with: “1.e..
Base Rent: Tenant shall pay base rental for the Premises
leased in the amount of $87,090.00 payable in monthly installments
on the 1 st day of each month in accordance with the
following Base Rent Schedule:
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Months
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Rate
Per RSF
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Monthly Amount
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Cumulative Amount
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5/1/2009-4/30/2010
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$14.75
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$3,568.27
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$42,819.25
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5/1/2010-4/30/2011
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$15.25
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$3,689.23
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$44,270.75
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All payments are due in advance
on the first (1 st ) day of each month without prior
offset or dedu
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