FOURTH AMENDMENT TO OFFICE LEASE
AGREEMENT
THIS FOURTH
AMENDMENT TO OFFICE LEASE AGREEMENT (“ Fourth
Amendment”) is made this 2 nd day of July 2007, by and between JBG/BC
Chase Tower, L.P. a Delaware limited partnership
(“Landlord”), as successor in interest to Chase Tower
Associates, L.L.C., a Delaware limited liability company
(“Original Landlord”), and CAPITALSOURCE FINANCE LLC, a
Delaware limited liability company
(“Tenant”).
WHEREAS, by that
certain Office Lease Agreement dated December 8, 2000 (the
“Original Lease”), Landlord leased to Tenant, and
Tenant leased from Landlord, approximately 16,799 square feet of
rentable area on the twelfth (12th) floor, known as Suite 1200
(the “Original Premises”), in the building located at
4445 Willard Avenue, Chevy Chase, Maryland (the
“Building”), upon the terms and conditions set forth in
the Lease;
WHEREAS, by that
certain First Amendment to Office Lease Agreement dated
May 10, 2002 (the “First Amendment”), Landlord
leased to Tenant, and Tenant leased from Landlord, an additional
7,463 square feet of rentable area located on the eleventh (11th)
floor of the Building and known as Suite 1130 (the
“Expansion Space”), and the parties extended the term
of the Original Lease, upon the terms and conditions more
specifically set forth therein;
WHEREAS, by that
certain Second Amendment to Office Lease Agreement dated
February 4, 2003 (the “Second Amendment”),
Landlord leased to Tenant, and Tenant leased from Landlord, an
additional 19,290 square feet of rentable area located on the sixth
(6 th
) floor of the Building and known as
Suite 600 (the “Second Expansion Space”), and the
parties extended the term of the Original Lease, upon the terms and
conditions more specifically set forth therein;
WHEREAS, by that
certain Third Amendment to Office Lease Agreement dated
August 3, 2003 (the “Third Amendment”), Landlord
leased to Tenant, and Tenant leased from Landlord, an additional
21,439 square feet of rentable area located on the fifth (5th)
floor of the Building and known as Suite 500 (the “Third
Expansion Space”), upon the terms and conditions more
specifically set forth therein;
WHEREAS, the
Original Lease, the First Amendment, the Second Amendment and the
Third Amendment are hereinafter collectively referred to as the
“Lease”;
WHEREAS, Tenant
desires to lease from Landlord, and Landlord desires to lease to
Tenant an additional 5,978 square feet of rentable area located on
the seventh (7 th )
floor of the Building and known as Suite 710 (the
“Fourth Expansion Space”), upon the terms and
conditions hereinafter set forth;
WHEREAS, Landlord
and Tenant desire to amend the Lease to reflect their understanding
and agreement with regard to the lease of the Fourth Expansion
Space, and to otherwise amend the Lease, as more particularly set
forth herein.
NOW, THEREFORE,
for and in consideration of the mutual promises herein contained,
and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto
mutually agree as follows:
1. Any
capitalized terms used in this Fourth Amendment and not otherwise
defined herein shall have the meanings ascribed to them in the
Lease.
2. The Lease
is hereby amended by adding thereto a new Article XXXII, to
read as follows:
“ARTICLE XXXII
FOURTH EXPANSION SPACE
32.1.
Term. Landlord hereby leases unto Tenant, and Tenant
hereby leases from Landlord, approximately 5,978 square feet of
rentable area (the ‘Fourth Expansion Space’) located on
the seventh (7 th )
floor of the Building, which Fourth Expansion Space is hereby
agreed to be that certain space which is shown on
Exhibit R attached hereto and made a part hereof and
known as Suite 710, for a term (the ‘Fourth Expansion Space
Term’) commencing on the later of (a) the earlier of
(i) February 1, 2008 or (ii) the date on which
Tenant commences beneficial use of the Fourth Expansion Space, or
(b) the day following the date on which the existing tenant
vacates the Fourth Expansion Space (such date as is determinable
pursuant to this Section 32.1 being hereinafter referred to as
the ‘Fourth Expansion Space Commencement Date’) and
continuing through and including 11:59 p.m. on May 31,
2013 (the ‘Fourth Expansion Space Expiration Date’),
unless earlier terminated pursuant to the provisions of this Lease.
In the event the term of the Lease is hereafter extended for any
period beyond its currently scheduled expiration date, Tenant shall
have the right to elect either to have the Fourth Expansion Space
remain a part of the Premises demised under the
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