FIRST AMENDMENT TO MODIFIED
INDUSTRIAL GROSS LEASE
THIS FIRST
AMENDMENT TO MODIFIED INDUSTRIAL GROSS LEASE (this
“Amendment”) is made as of May 28, 2009, by and between
DOOLITTLE WILLIAMS, LLC, a California limited liability company
(“Landlord”), and ENERGY RECOVERY, INC., a Delaware
corporation (“Tenant”).
A. Landlord
and Tenant entered into that certain Modified Industrial Gross
Lease dated as of November 25, 2008 (the “Lease”),
relating to certain premises described in the Lease.
B. Landlord
and Tenant desire to amend the Lease as more fully set forth
below.
C. All
capitalized terms used in this Amendment shall have the respective
meanings given to them in the Lease unless otherwise defined
herein.
NOW, THEREFORE, in
consideration of the premises and the mutual covenants herein
contained, the parties hereby amend the Lease on the terms hereof
effective as of the date hereof, notwithstanding anything to the
contrary contained therein:
(a) The
first sentence of Section 6.05 of the Lease is hereby deleted
in its entirety and replaced with the following:
“Tenant,
at Tenant’s expense, shall provide and keep in force during
the Term of this Lease a policy or policies of broad form or
special form property insurance, in an amount not less than one
hundred percent (100%) replacement value covering Tenant’s
merchandise, furniture, equipment, fixtures, and Tenant’s
improvements that Tenant owns or has installed at Tenant’s
sole cost and expense to the Premises.”
(b) The
third sentence of Section 6.07 of the Lease is hereby deleted
in its entirety and replaced with the following:
“Landlord, McGrath Properties, Inc.,
Landlord’s successors and assigns, and any ground lessor
and/or holder of any fee or leasehold mortgage, shall be named as
additional insureds under the commercial general liability
insurance policy maintained by Tenant.”
(c) The
fifth sentence of Section 6.07 of the Lease is hereby deleted
in its entirety and replaced with the following:
“Any
deductible amounts under any insurance policies required to be
carried by Tenant hereunder shall be in commercially reasonable
amounts.”
1
(d) Section 6.09
of the Lease is hereby deleted in its entirety and replaced with
the following: “Intentionally
Deleted.”
2.
Parking . Section 10.06 of the Lease is hereby deleted
in its entirety and replaced with the following:
“Parking. Any monetary obligations imposed relative to
parking rights with respect to the Premises shall be considered as
Tax Expenses and shall be paid by Tenant under Section 5.
Landlord grants Tenant the right to use all o
