Exhibit 10.1.6
FOURTH AMENDMENT TO
LEASE
This Fourth Amendment to
Lease , made and entered into as of this 8th day
of August , 200 2 by and between Crocker Realty
Trust, L.P. (hereinafter referred to as “Lessor”),
a Delaware limited partnership doing business in Georgia as Crocker
Realty, L.P., successor in interest to Connecticut General Life
Insurance Company on behalf of its Separate Account R, and
Immucor, Inc. , a Georgia corporation (hereinafter referred
to as “Lessee”).
WITNESSETH:
Whereas ,
Lessor’s predecessor in interest and Lessee entered into a
Lease Agreement dated as of February 2, 1996 for the Premises
located in Suite 600 at 3130 Gateway Drive, and Suite 400, 450, and
500 at 3150 Gateway Drive, Norcross, Georgia 30071, containing
47,452 square feet, which was amended by that certain First
Amendment to the Lease Agreement dated March 8, 1998 and which was
further amended by that certain Second Amendment to Lease Agreement
dated August 18, 1998 and which was further amended by that certain
Third Amendment dated August 19, 1999 (such Lease Agreement as so
amended by the First Amendment, Second Amendment and Third
Amendment is hereinafter referred to as the “Lease).
Whereas , Lessor
and Lessee desire to further amend the Lease in certain
respects:
Now, Therefore, in
consideration of the Premises, the sum of Ten and no/100 Dollars
($10.00) in hand paid by Lessee to Lessor, and for other good and
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1.
Premises:
As of December 1, 2002,
the Premises shall be expanded to include 5,241 rentable square
feet in Suite 200 at 7000 Peachtree Industrial Boulevard, Norcross,
Georgia 30071 (hereinafter referred to as the “Expansion
Premises” and attached hereto as Exhibit
“A”). The new size of the Premises shall be
72,384 rentable square feet.
2.
Extension :
In further reference to
Paragraph 1 of the First Amendment and Paragraph 2 of the third
Amendment, the Lease shall be extended for twenty-seven (27) months
from August 31, 2005 to November 30, 2007 (the “Termination
Date”).
3.
Base Rate :
The base rent for the
Expansion Premises shall be as follows:
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Period
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Per Square Foot
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Period Total
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Monthly
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12/1/02 – 11/30/03
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$
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8.39
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$
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43,971.99
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$
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3,664.33
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12/1/03 – 11/30/04
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$
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8.73
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$
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45,730.87
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$
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3,810.91
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12/1/04 – 11/30/05
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$
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9.07
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$
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47,560.10
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$
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3,963.34
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12/1/05 – 11/30/06
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$
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9.44
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$
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49,462.51
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$
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4,121.88
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12/1/06 – 11/30/07
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$
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9.82
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$
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51,441.01
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$
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4,286.75
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In further reference to
Section 3 and Special Stipulation 36 of the Lease, Lessee shall pay
rent on the entire Premises based on the following
schedule:
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Period
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Per Square Foot
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Period Total
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Monthly
|
|
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12/1/02 – 11/30/03
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$
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8.39
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$
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607,301.76
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$
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50,608.48
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12/1/03 – 11/30/04
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$
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8.73
|
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$
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631,593.83
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$
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52,632.82
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|
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12/1/04 – 11/30/05
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$
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9.07
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$
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656,857.58
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$
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54,738.13
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|
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12/1/05 – 11/30/06
|
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$
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9.44
|
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$
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683,131.89
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$
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56,927.66
|
|
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12/1/06 – 11/30/07
|
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$
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9.82
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$
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710,457.16
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$
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59,204.76
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4.
Improvement Allowance :
Lessor shall provide a
Tenant Improvement Allowance to Lessee pursuant to the provisions
in the attached Exhibit “B”.
5.
Pro-Rata Share :
Tenant’s pro-rata
share of the entire Property for calculation purposes shall be
thirty-three and 06/100 percent (33.06%).
6.
Section 38, Renewal Option, of the Lease shall be based upon the
new expiration date as set forth in Paragraph 2, above.
7.
Expansion Option :
Provided no material
Event of Default by Tenant has occurred, Tenant shall have the
first refusal to lease the area identified on Exhibit
“A” to this Fourth Amendment to Lease Agreement as the
Option Space known as Suite 100 and Suite 300 containing 2,606
square feet and 6,459 square feet respectively (herein so called)
on the following terms and conditions:
(a)
In the event of a bona fide offer for any part of the Option Space,
Landlord shall give written notice (the “Notice”) to
Tenant specifying the terms of such offer, and Tenant shall have
the option to lease the portion of the Option Space described in
the Notice upon the terms stated in the Notice. As used
herein, “bona fide offer” shall mean either a binding
or non-binding letter of intent or proposal to or from a specific
prospective tenant containing a statement of the material economic
terms for a lease of the Option Space.
(b)
Landlord must receive written notice from Tenant of its
unconditional and irrevocable acceptance of the terms stated in the
Notice no later than five (5) days after Tenant’s receipt of
the Notice; failing which, Landlord shall be free for a period of
three hundred sixty-five (365) days thereafter to lease all or any
part of
2
the Option Space, and
in connection with such leasing, Landlord may agree to changes to
the terms stated in the Notice without Tenant’s consent or
approval so long as such changes are the result of
arm’s-length negotiations between Landlord and a prospective
tenant and not the result of bad faith or collusion. To the
extent (and only to the extent) any part of the Option Space has
not been so leased or becomes available again at the end of such
365-day period, Tenant’s right of refusal under this
Paragraph shall remain in effect.
(c)
If Landlord has received written notice from Tenant of its
unconditional and irrevocable acceptance of the terms stated in the
Notice not later than five (5) days after Tenant’s receipt of
the Notice, the portion of the Option Space described in the Notice
shall be deemed added to the Premises, Landlord shall deliver such
portion of the Option Space to the Tenant at the time and in the
condition described in the Notice, Tenant shall commence payment of
Minimum Rent and Additional Rent with respect to such portion of
the Option Space in accordance with the terms of the Notice, and
all other terms of Tenant’s leasing and occupancy of such
portion of the Option Space shall be as provided in the Lease
except as otherwise provided in the Notice. When requested by
Landlord, Tenant shall execute an appropriate amendment to this
Lease to reflect the addition of such portion of the Option Space
to the Premises.
Except as expressly amended hereby, the Lease
shall remain in full force and effect.
In Witness Whereof
, the parties hereto have set their hand and seal as of the day and
year first above written.
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Lessor:
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Signed, Sealed and
Delivered
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Crocker Realty Trust,
L.P., a Delaware
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in the presence
of:
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limited partnership
doing business in
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Georgia as Crocker
Realty, L.P.
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/s/ Kim K.
Chase
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By:
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CRT-GP, LLC, a
Delaware limited
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Printed
Name:
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Kim K. Chase
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liability company, its
sole general partner
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/s/ Donna E.
Green
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By:
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Crocker Operating
Partnership,
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Printed
Name:
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Donna E.
Green
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L.P., a Delaware
limited partnership, its sole
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member
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By:
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Crocker Realty Trust,
Inc., a
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Mar
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