FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE (the Amendment) is made and entered into as of the 21st day of February, 2013, by and between CABOT II GA1W13, LLC, a Delaware limited liability company (Landlord), and AMENDIA, INC., a Georgia corporation (Tenant).
WHEREAS, Landlord and Tenant entered into a certain Lease dated as of March 3, 2011 (the Lease), pursuant to which Tenant leases certain premises consisting of approximately 48,848 rentable square feet (the Existing Premises) in the building commonly known as 1755 West Oak Parkway, Marietta, Georgia (the Building);
WHEREAS, Tenant desires to lease an additional 38,400 rentable square feet in the Building as shown on Exhibit A attached hereto (the Expansion Premises, which together with the Existing Premises shall be referred to as the Premises), and Landlord desires to lease the Expansion Premises to Tenant on the terms set forth herein;
WHEREAS, Tenants lease of the Expansion Premises shall commence on May 1, 2013 and expire on May 31, 2022;
WHEREAS, in connection with the lease of the Expansion Premises, the term of the Lease with respect to the Existing Premises shall be extended so that it shall be co-terminus with the Expansion Premises and expire on May, 31, 2022 on the terms set forth herein;
WHEREAS, Landlord and Tenant desire to memorialize their understanding and modify the Lease consistent therewith;
NOW, THEREFORE, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Landlord and Tenant hereby agree as follows:
1. Expansion Premises. Commencing May 1, 2013 (the Expansion Commencement Date), the Premises shall hereby be expanded to include the Expansion Premises.
2. Lease Term. The term of the Lease shall be extended so that it shall expire on May 31, 2022.
3. Early Occupancy. Tenant shall be permitted to occupy the Expansion Premises to install furniture, fixtures and equipment (including wiring and cabling) and perform the Tenant Work (as hereinafter defined) sixty (60) days prior to the Expansion Commencement Date, provided such occupancy is permitted by applicable governmental authorities. If Tenant shall occupy the Expansion Premises prior to the Expansion Commencement Date, Tenants occupancy of the Expansion Premises shall be subject to all of the provisions of this Lease except for the payment of rent. Early occupancy of the Expansion Premises shall not advance the expiration date of this Lease.