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HomeMy WebLinkAboutMAU AMENDMENT 2 = . ~ ~ .. :.. AMENDMENT NO. 2 TO OFFICE LEASE AGREEMENT BETWEEN MANAGEMENT ANALYSIS AND UTILIZATION, INC. ("LANDLORD") AND AUGUSTA, GEORGIA ("TENANT") By agreement of the parties the following amendment is made to the original Office Lease Agreement by and between MAU, Inc. and Augusta, Georgia dated October 1,2005 and Amendment I dated December 15,2005. Paragraph I.C, D, E, F & G are amended and replaced with the following: I. C. "Premises" shall mean the area shown on amended Exhibit A to this Lease. The Premises are located on the 3rd and 4th floors. The "Rentable Square Footage of the Premises" is deemed to be 16,183 square feet. If the Premises include one or more floors in their entirety, all corridors and restroom facilities located on such full floor(s) shall be considered part of the Premises. Landlord and Tenant stipulate and agree'that the Rentable Square Footage of the Building and the Rentable Square Footage of the Premises are correct and shall not be remeasured. D. "Base Rent": Months of Term 1- 36 Annual Rate Per Square Foot $12.50 Annual Base Rent $202,287.50 Monthlv Base Rent $16,857.29 E. "Tenant's Pro Rata Share": 32.37% F. "Base Year": 2005. G. "Term": A period of32 1/2 months. The Term shall commence on January 15,2006 (the "Commencement Date") and, unless terminated early in accordance with this Lease or unless extended by Tenant, end on September 30, 2008 (the "Termination Date"). However, if Landlord is required to Substantially Complete (defined in Section I1I.A) any Landlord Work (defined in Section 1.0.) prior to the Commencement Date under the terms ofa Work Letter (defined in Section 1.0): (1) the date set forth in the prior sentence as the "Commencement Date" shall instead be defined as the "Target Commencement Date" by which date Landlord will use reasonable efforts to Substantially Complete the Landlord Work; and (2) the actual "Commencement Date" shall be the date on which the Landlord Work is Substantially Complete, as determined J by Section I1I.A. In such circumstances, the Termination Date will instead be the last day of the Term as determined based upon the actual Commencement Date. Landlord's failure to Substantially Complete the Landlord Work by the Target Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Promptly after the determination of the Commencement Date, Landlord and Tenant shall enter into a commencement letter agreement in the form attached as Exhibit C. Tenant shall, at no monthly expense, be permitted access to the Leased Premises prior to occupancy for the purpose of installing phone and computer lines, moving furniture and making other necessary preparations for occupancy during the month preceding the commencement date of this Lease. This Amendment and the following amended Exhibits C constitute the entire Amendment 2 to the original lease by and between MAU, Inc. and Augusta, Georgia dated October 1,2005 and Amendment 1 dated December 15,2005. In the event that a conflict in terms exists between this Amendment and either the Original Agreement dated October 1,2005, or Amendment 1 dated December 15,2005, the terms ofthis amendment shall take precedence. IN WITNESS WHEREOF said Landlord and Tenant have hereunto set their hands in duplicate, the day and year first above written. )f/Y L(~. r-- Ten Date: ~ I ~ lC)b ~ ~.~ J CJ'~~ William E. O'Neal Management Analysis and Utilization, Inc. Date: ~(Z1/0" . ".