Exhibit 10(e)
SECOND AMENDMENT TO OFFICE
LEASE
This SECOND AMENDMENT TO OFFICE
LEASE (this “Second
Amendment”) is made as of the 30 day of July, 2007 by and
between TDC CANADA CORP. , a Nova Scotia company and
successor-in-interest to TDC Canada, Inc. and WACKER GP,
INC. , a Delaware corporation (collectively, “
Landlord ”) and QUIXOTE CORPORATION , a
Delaware corporation (“ Tenant ”),
WITNESSETH:
A.
Landlord and Tenant entered into a
certain office lease (the “Original Lease”) dated
August 30, 2003, whereby Landlord leased to Tenant certain
premises (the “Original Premises”) consisting of 18,789
rentable square feet of office space on the eleventh (11
th ) floor (Suite 1100) of that certain office
building located at 35 East Wacker Drive, Chicago, Illinois, for a
lease term to expire on February 28, 2019.
B.
Landlord and Tenant entered into a
certain First Amendment to Office Lease (the “First
Amendment”) dated July 1, 2004, whereby Landlord leased
to Tenant certain additional premises (the “First Additional
Space”) consisting of 125 rentable square feet of office
space located on the eleventh (11 th ) floor
(Suite 1110) of the aforesaid building, for a lease term to
expire on February 28, 2019. The Original Lease, as amended by
the First Amendment, is hereinafter called the
“Lease”.
C.
Pursuant to Section 28.1 of the
Original Lease, Tenant has an option to lease certain expansion
space located on the eleventh (11 th ) floor of the
aforesaid building.
D.
Tenant desires to now lease all of
such expansion space, but to use same for storage (and not general
office) purposes, and Landlord is willing to now lease such
expansion space to Tenant for storage purposes.
E.
Landlord and Tenant desire to amend
the Lease and reflect the lease by Landlord to Tenant of all such
expansion space, subject to the terms and conditions hereinafter
set fourth.
NOW, THEREFORE,
for good and valuable consideration,
the receipt and legal sufficiency of which are hereby acknowledged,
Landlord and Tenant hereby agree as follows:
1.
Definitions
. Each capitalized term used in this
Second Amendment shall have the same meaning as is ascribed to such
capitalized term in the Lease, unless otherwise provided
herein.
2.
Second Additional
Space
(a) Landlord leases to Tenant and Tenant leases from
Landlord those certain premises (the “Second Additional
Space”) consisting of 2,168 rentable square feet of office
space located on the eleventh (11 th ) floor
(Suite 1150) of the Building as shown on Exhibit A
attached hereto. The Second Additional Space is leased for a lease
tern commencing on August 1, 2007, and expiring on
February 28, 2019, unless sooner terminated as provided in the
Lease and subject to renewal as provided in Paragraph
2(e) below. Tenant may take occupancy of the Second Additional
Space on or after the full execution of this Second Amendment. The
Second Additional Space is leased upon all of the same terms and
provisions as are contained in the Lease, except as otherwise
provided in this Second Amendment or as may be inconsistent with
the provisions of this Second Amendment. From and after the full
execution of this Second Amendment, all references in the Lease to
“Premises” shall mean and refer to the Original
Premises, the First Additional Space, and the Second Additional
Space, collectively.
(b) Effective as of August 1, 2007, Tenant
shall pay Base Rent for the Second Additional Space in the
following amounts for the following periods:
