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Exhibit 10.4
THIRD
AMENDMENT TO LEASE AGREEMENT
AGREEMENT
made as of the 11 th
day of November, 2003 by and between MITCHMAR
ATLANTA
PROPERTIES, INC. , a Delaware Corporation having its
principal office at c/o Jacobson Family Investments, 152 West
57 th
Street, 56 th
Floor, New York, NY 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 and Second Amendment to
Lease dated as of March, 2003 (collectively the
“Lease”) for the lease of the 376,738 square foot
building (the “Building”) and an additional
148,000 square foot space (to be added to the Building by
Tenant pursuant to the Second Amendment of Lease) located at
6700 Discovery Boulevard, Mableton, Georgia together with two
building lots known as Parcel A and Parcel B as shown on
Exhibit A attached hereto and made a part hereof (the
“Demised Premises” or “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
Operating
Expenses . Effective as of the date hereof,
Paragraph 48a(1) of the Lease, is hereby modified and amended
by deleting such paragraph and inserting the
following:
(a) For
the purpose of this Lease,
(1) “Operating
Expenses” shall mean any and all costs and
expen
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