Exhibit 10.1
FIRST AMENDMENT TO OFFICE
LEASE
THIS FIRST AMENDMENT TO OFFICE
LEASE (this
“Amendment”) is made this 12 day of April, 2009, by and
between ECD—Lincolnshire Office, L.L.C. , an Illinois
limited liability company, as Landlord (“Landlord”),
and Sauer-Danfoss Inc., a Delaware corporation, as Tenant
(“Tenant”).
W
I T N
E S S E T H
:
WHEREAS , Landlord and Tenant have entered into that
certain Office Lease dated March 18, 2002 (the
“Lease”) whereby Landlord leased to Tenant and Tenant
leased from Landlord certain premises containing approximately
12,612 square feet located on the second floor in Suite #270
(the “Original Premises”) in City Park Corporate Center
(the “Center”) in Lincolnshire, Illinois, as more
particularly described in the Lease; and
WHEREAS , Landlord and Tenant desire to relocate from
the Original Premises and amend the Lease, all on the terms and
conditions as set forth below.
NOW THEREFORE
, in consideration of the mutual
covenants contained in the Lease and herein and other good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Landlord and Tenant hereby agree to amend the
Lease as follows:
1.
Definitions
. Unless the context otherwise
requires, any capitalized term used herein shall have its
respective meaning as set forth in the Lease.
2.
Certain Additional Defined
Terms . For
purposes of this Amendment, the following terms are defined as
follows:
(a)
“New Premises” shall mean Suite 380 consisting of
approximately 4,181 square feet of rentable floor area in the
Center and delineated on Exhibit A attached hereto and
made a part hereof.
(b)
“New Premises Commencement Date” shall be June 1,
2009.
3.
Relocation
. Notwithstanding anything to
the contrary contained herein or in the Lease, Landlord and Tenant
acknowledge and agree that effective as of the New Premises
Commencement Date Tenant shall relocate its business operations
from the Original Premises to the New Premises and the New Premises
shall thereafter be deemed to be the “Premises” as
defined in the Lease for all purposes under the Lease and this
Amendment, to the extent applicable. Tenant hereby covenants and
agrees that it shall vacate the Original Premises and surrender
same in the condition required by the Lease no later than the New
Premises Commencement Date, failing which Tenant shall be deemed in
holdover possession of the Original Premises and subject to the
terms of Section 8 of the Lease until such time as Tenant
vacates the Original Premises and tenders possession of same to
Landlord in the condition required by the Lease, including, without
limitation, the terms of Section 8 of the Lease.
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