Exhibit
10.21
T
HIRD
A
MENDMENT
TO
O
FFICE
L
EASE
THIS THIRD AMENDMENT TO OFFICE LEASE
(this “Third Amendment” ) is entered into
between CRESCENT REAL ESTATE FUNDING VIII, L.P. , a Delaware
limited partnership ( “Landlord” ), and
GAINSCO, INC. , a Texas corporation (
“Tenant” ).
A.
Landlord, and
Tenant executed that certain Office Lease dated as of May 3,
2005 (the “Original Lease” ) covering
certain space designated as Suite 1200, containing approximately
20,585 square feet of Rentable Area on the 12
th
floor (the
“Original Premises” ) of the office
building located at 3333 Lee Parkway, Dallas, Texas (the
“Building” ).
B.
The Original Lease
has been amended by (i) that certain First Amendment to Lease
dated July 13, 2005 (the “First
Amendment” ), pursuant to which the Tenant leased an
additional 11,130 Rentable Square Feet on the 11
th
floor of the
Building (the “First Preferential Space”
) and (ii) that certain Second Amendment to Lease dated
September 23, 2005 (the “Second
Amendment” ) pursuant to which the Premises was
expanded to include an additional 8,749 square feet of Rentable
Area (the “Expansion Space” ).
C. The Original Lease, as modified by the First
Amendment and Second Amendment is hereinafter collectively referred
to as the “Lease” . The Original Premises
as expanded by the First Preferential Space and Expansion Space
collectively consists of 40,646 square feet of Rentable Area (the
“Current Premises” ).
D. Landlord and Tenant now desire to amend the
Lease as set forth below. Unless otherwise expressly provided in
this Second Amendment, capitalized terms used in this Second
Amendment shall have the same meanings as in the Lease.
FOR GOOD AND VALUABLE CONSIDERATION,
the receipt and sufficiency of which are acknowledged, the parties
agree as follows:
1. B UILDING C ONFERENCE F ACILITIES . For
so long as the existing conference facility located on the first
floor of the Building (the “Conference
Facility” ) remains unleased, Tenant shall have the
right to use such Conference Facility on a first come, first serve
basis upon execution of Landlord’s standard form Conference
Room Lease Agreement. Landlord agrees to waive Landlord’s
then current daily fee for Tenant’s use of the Conference
Facility for the purpose of Tenant conducting a customary business
meeting. However, in any event Tenant shall pay Landlord’s
then current fee for (a) setting up the Conference Facility in
any non-standard arrangement, (b) cleaning following
Tenant’s use and (c) any non-standard business use,
which includes but is not limited to parties, receptions and
celebrations. If at any time during the Term the Conference
Facility is leased as a part of a larger leased premises to another
tenant, and there is other vacant space in the Building appropriate
for use as a conference or training center, Tenant shall have the
right to use such other space, in its as-is condition, on a first
come, first serve basis upon execution of Landlord’s standard
form Conference Room Lease Agreement, subject to the same
aforementioned fee provisions.
2. B ROKERS . Tenant represents and warrants that it has not
been represented by any broker or agent in connection with the
execution of this Third Amendment. Tenant shall indemnify and hold
harmless Landlord and its designated property management,
construction and marketing firms, and their respective partners,
members, affiliates and subsidiaries, and all of their respective
officers, directors, shareholders, employees, servants, partners,
members, representatives, insurers and agents from and against all
claims (including costs of defense and investigation) of any broker
or agent or similar party claiming by, through or under Tenant in
connection with this Third Amendment.
3. T IME OF THE E SSENCE . Time
is of the essence with respect to Tenant’s execution and
delivery of this Third Amendment to Landlord. If Tenant fails to
execute and deliver a signed copy of this Third
3333 LEE PARKWAY / GAINSCO,
INC.
Third Amendment to Office
Lease
Page 1
Amendment to Landlord by 5:00 p.m.,
October 28, 2005, this Third Amendment shall be deemed null
and void and shall have n
