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Exhibit 10.5
FOURTH
AMENDMENT OF LEASE AGREEMENT
FOURTH
AMENDMENT TO LEASE AGREEMENT made as of the 17 th
day of March, 2007 by and between MITCHMAR ATLANTA
PROPERTIES, INC ., a Delaware corporation, having its
principal office at c/o JFI, 152 West 57 th
Street, 56 th
Floor, New York, New York 10019 (hereinafter called
“Landlord”), and SID TOOL CO., INC.
, a New York corporation having its principal office at 75
Maxess Road, Melville, New York 11747 (hereinafter called
“Tenant”).
RECITALS
WHEREAS,
Landlord and Tenant entered into an Agreement of Lease dated
as of July 13, 1989, as amended by a First Amendment to
Lease, dated as of August 10, 1996, as further amended by that
certain Second Amendment to Lease, dated as of May 7, 2003, as
further amended by that certain Third Amendment to Lease,
dated as of November 11, 2003 (collectively, the
“Lease”) for the leasing of the 524,738 square
foot building (the “Building”) located on Parcel
C, as defined in the Second Amendment to Lease, and known as
6700 Discovery Boulevard, Mableton, Georgia together with two
building lots known as Parcel A, as defined in the Second
Amendment to Lease, and Parcel B, as defined in the Second
Amendment to Lease (collectively the “Demised
Premises”); and
WHEREAS,
Landlord and Tenant desire to amend the Lease as hereinafter
set forth.
NOW,
THEREFORE, in consideration of the mutual promises contained
herein and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
ARTICLE
I
Definitions
1.1 The
recitals are specifically incorporated into the body of this
Agreement and shall be binding upon the parties
hereto.
1.2 Unless
expressly set forth to the contrary and except as modified by
this Agreement, all capitalized or defined terms shall have
the meanings ascribed to them in the Lease.
ARTICLE
II
Lease Modifications
2.1 Effective
as of March 17, 2007 (the “Effective Date”), the
Lease is and shall be modified and amended as
follows:
2.1.1
Rent
. Article 2.1.4 of the Second Amendment to Lease is
hereby modified and amended by inserting the
following:
“Notwithstanding
anything to the contrary set forth herein, p
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