Lease Modification Agreement between LMC Investments, LLC, John P. McConnell, and HAHT Software, Inc.

Contract Categories: Real Estate Lease Agreements
Summary

This agreement modifies the original lease between LMC Investments, LLC and John P. McConnell (the lessors) and HAHT Software, Inc. (the lessee). It updates the rental payment schedule based on the actual lease start date and replaces the previous rental schedule with a new one. All other terms of the original lease remain unchanged. The new schedule details monthly and annual rent amounts, with provisions for adjustments based on cost of living and operating expenses, and includes a rent increase if additional space becomes available.

EX-10.4 10 0010.txt LEASE MODIFICATION AGREEMENT Exhibit 10.4 LEASE MODIFICATION AGREEMENT THIS LEASE MODIFICATION AGREEMENT is made as of the ________ day of December, 1999 by and among LMC INVESTMENTS, LLC, a North Carolina limited liability company and JOHN P. McCONNELL (collectively, "Lessor") and HAHT SOFTWARE, INC., a North Carolina corporation ("Lessee"). W I T N E S S E T H: ------------------- WHEREAS, Lessor and Lessee entered into that Lease Agreement dated April _____, 1999 ("Lease"); and WHEREAS, the Lease provided for rental payments pursuant to a schedule attached thereto as calculated upon a Term Commencement Date; and WHEREAS, the parties desire to confirm the rental schedule based upon the actual Term Commencement Date. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Lease is hereby amended by deleting Exhibit I, Rental Schedule and substituting in its place "Substitute Exhibit I, Rental Schedule" as attached hereto. 2. Except as herein modified all terms and conditions of the Lease shall remain in full force and effect. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] IN WITNESS WHEREOF, the parties hereto have caused this Lease Modification Agreement to be executed by their duly authorized representatives, all as of the day and year first above written. LMC INVESTMENTS, LLC By: TILLETT DEVELOPMENT COMPANY, INC., Manager By: /s/ [ILLEGIBLE]^^ ----------------------------------- Name:__________________________________ Title:_________________________________ ________________________________________ John P. McConnell HAHT SOFTWARE, INC. By: /s/ [ILLEGIBLE]^^ ------------------------------------ Name:___________________________________ Title:__________________________________ 2 EXHIBIT I RENTAL SCHEDULE FIRST LEASE YEAR Partial First Lease Month - December 17, 1999 to December 31, 1999 Square Footage Rent N/A Equivalent Annual Base Rent N/A Monthly Base Rent ($45,783.67 x 45.161%) $20,676.36 Rentable/Usable Square Feet 44,708 sf First Full Lease Month - January, 2000 Square Footage Rent N/A Equivalent Annual Base Rent N/A Monthly Base Rent $45,783.67 Rentable/Usable Square Feet 44,708 sf Second Lease Month - February, 2000 Square Footage Rent N/A Equivalent Annual Base Rent N/A Annual Base Rent $45,783.67 Rentable/Usable Square Feet 44,708 sf Third Lease Month - March, 2000 Square Footage Rent N/A Equivalent Annual Base Rent N/A Annual Base Rent $45,783.67 Rentable/Usable Square Feet 44,708 sf Fourth Lease Month - April, 2000 Square Footage Rent N/A Equivalent Annual Base Rent N/A Annual Base Rent $45,783.67 Rentable/Usable Square Feet 44,708 sf Fifth Lease Month - May, 2000 Square Footage Rent $16.75 / sf Equivalent Annual Base Rent $748,859 Monthly Base Rent $62,404.92 Rentable Usable Square Feet 44,708 sf Sixth Lease Month - June, 2000 Square Footage Rent $16.75 / sf Equivalent Annual Base Rent $748,859
Monthly Base Rent $62,404.92 Rentable Usable Square Feet 44,708 sf Seventh Lease Month - July, 2000 Square Footage Rent $16.75 / sf Equivalent Annual Base Rent $748,859 Monthly Base Rent $62,404.92 Rentable Usable Square Feet 44,708 sf Eighth Lease Month - August, 2000 Square Footage Rent $16.75 / sf Equivalent Annual Base Rent $748,859 Monthly Base Rent $62,404.92 Rentable Usable Square Feet 44,708 sf Ninth Lease Month - September, 2000 Square Footage Rent $16.75 / sf Equivalent Annual Base Rent $748,859 Monthly Base Rent $62,404.92 Rentable Usable Square Feet 44,708 sf Tenth Lease Month - October, 2000 Square Footage Rent $16.75 / sf Equivalent Annual Base Rent $748,859 Monthly Base Rent $62,404.92 Rentable Usable Square Feet 44,708 sf Eleventh Lease Month - November, 2000 Square Footage Rent $16.75 / sf Equivalent Annual Base Rent $748,859 Monthly Base Rent $62,404.92 Rentable Usable Square Feet 44,708 sf Twelfth Lease Month - November, 2000 Square Footage Rent $16.75 / sf Equivalent Annual Base Rent $748,859 Monthly Base Rent $62,404.92 Rentable Usable Square Feet 44,708 sf
The Annual Base Rent and Monthly Base Rent shall be adjusted and increased by the Cost of Living Adjustment and Operating Expense Adjustment at the end of each Lease Year in accordance with Paragraphs 4.02(a) and 4.02(b) of this Lease. Pursuant to Paragraph 1.03 above, ten days following the date Suite #200, containing 8,358 square feet of space presently leased to Graydon Corporation, is vacated, the Annual Base Rent shall adjusted and increase from $748,859 per year to $888,855.50 per year and the Monthly Base Rent shall increase from $62,404.92 per month to $74,071.30 per month, effective immediately. This adjustment is a calculated as follows: The Square Footage Rent of Suite #200 shall be $16.75/sf, the Annual Base Rent for Suite #200 shall be $139,997 and the Monthly Base Rent for Suite #200 shall be $11,666. The adjusted Base Rent as set forth herein shall thereafter be subject to and adjusted by the provisions of Paragraphs 4.02(a) Operating Expense Adjustment and Paragraph 4.02(b) Cost of Living Adjustment.