Exhibit 10.1
SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE
AGREEMENT (this “Amendment” ) is made as of
the 1 st day of
February, 2008 (the “Effective Date” ) by and
between NORFOLK SOUTHERN RAILWAY COMPANY , a Virginia
corporation ( “Landlord” ) and JOHNSTOWN
AMERICA CORPORATION , a Delaware corporation (
“Tenant” ).
W I T N E S S E T H :
WHEREAS , Landlord and Tenant
entered into that certain Lease Agreement dated as of December 20,
2004, as amended by that certain First Amendment to Lease Agreement
dated as of December 1, 2005 (as amended, the
“Lease” ), for certain improved real property
located in Roanoke, Virginia and having an area of approximately
11.6 acres (the “Premises” );
WHEREAS , Landlord and Tenant
desire to modify certain provisions contained in the Lease as
hereinafter stated.
NOW THEREFORE , in
consideration of the mutual covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Lease is hereby amended, and the
parties hereto do agree as follows:
1. Tenant’s
Right to Suspend Operations . The first sentence in
Section 3 of Exhibit B to the Lease is
hereby deleted in its entirety, and the following sentence in
inserted in lieu thereof:
“At any
time during the Renewal Term, Tenant shall be permitted in its sole
and a
