Exhibit 10.04
FIRST AMENDMENT TO OFFICE LEASE
THIS FIRST AMENDMENT TO OFFICE LEASE dated as of the 4th day of June, 2008, by and between 1450 BEASON STREET LLC, a Maryland limited liability company (the “Landlord”) and UNDER ARMOUR, INC., a Maryland corporation (the “Tenant”).
RECITALS:
WHEREAS, Landlord and Tenant entered into an Office Lease dated December 14, 2007 (the “Lease”) for the lease of space in the “Building” (as defined in the Lease, The Overflo Building located at 1450 Beason Street, Baltimore, Maryland); and
WHEREAS, Landlord and Tenant now desire to modify certain terms and conditions set forth in the Lease as provided hereinafter.
NOW, THEREFORE, in consideration of the foregoing and of other consideration, the receipt and adequacy of which is acknowledged, the Landlord and Tenant mutually agree as follows:
1.Revised Schedule of Deliveries. Exhibit E to the Lease is hereby deleted and replaced with the newExhibit E attached hereto. The dates in such revisedExhibit E shall supersede the estimated delivery dates set forth in Section 2.1 of the Lease.
2.Special Termination. Tenant acknowledges that Tenant has received a copy of an executed commitment from Manufacturers and Traders Trust Company to provide financing, pursuant to Section 17.6 of the Lease. Tenant agrees that the condition set forth in Section 17.6 shall be deemed satisfied upon closing of the loan thereunder, in which event Section 17.6 shall be of no further force or effect.
3.Miscellaneous. This Amendment may be executed in counterparts which together shall be construed as a single document. The Lease, as amended by this Amendment, is hereby ratified and confirmed and shall continue in full force and effect.
[signatures on following page]
WITNESS OUR HANDSas of the day and year first above-written.
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| WITNESS or ATTEST: | | LANDLORD: |
| |
| | 1450 BEASON STREET LLC, |
| | a Maryland limited liability company |
| | | |
[left blank] | | By: | | /s/ Carl W. Struever | | (SEAL) |
| | Name: | | Carl W. Struever | | |
| | Title: | | Member | | |
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| WITNESS or ATTEST: | | TENANT: |
| |
| | UNDER ARMOUR, INC., |
| | a Maryland corporation |
| | | |
/s/ John Stanton | | By: | | /s/ J. Scott Plank | | (SEAL) |
| | Name: | | J. Scott Plank | | |
| | Title: | | Senior Vice President – Retail | | |
|
| For the purposes described in Section 21.16 of the Lease, as amended hereby. |
| |
| WITNESS or ATTEST: | | GUARANTOR: |
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| | STRUEVER BROS. ECCLES & ROUSE, INC., |
| | a Maryland corporation |
| | | |
[left blank] | | By: | | /s/ Carl W. Stuever | | (SEAL) |
| | Name: | | Carl W. Struever | | |
| | Title: | | President | | |
Exhibit E - Schedule of Deliveries
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Landlord Deliveries | | Responsible Party | | Re-Start Date | | Completion Date |
| Phase One Office- from start of work to TCO | | SBER | | June 1, 2008 | | September 30, 2008 |
| Soft Turnover to Tenant ofPhase One Office for FFE- Note 1 | | SBER | | | | August 31, 2008 |
| | | |
| Phase One Showroom- from start of work to TCO | | SBER | | June 1, 2008 | | September 30, 2008 |
| Soft Turnover to Tenant ofPhase One Showroomfor FFE- Note 1 | | SBER | | | | August 31, 2008 |
| | | |
| Phase Two Office- Simultaneous start with Phase One to TCO | | SBER | | June 1, 2008 | | December 31, 2008 |
| Soft Turnover to Tenant ofPhase Two Office for FFE- Note 1 | | SBER | | | | November 30, 2008 |
| | | |
| Phase Three - from start of work to TCO | | SBER | | June 1, 2008 | | March 31, 2009 |
| Soft Turnover to Tenant ofPhase Threefor FFE- Note 1 | | SBER | | | | February 28, 2009 |
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| Tenant Deliveries | | | | | | |
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| Tenant to provide all alternate finish selections | | UA | | | | June 15, 2008 |
| Tenant to provide locations for electrical rough-ins for signage | | UA | | | | June 15, 2008 |
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| Note 1: Soft Turnover means that UA will be provided with access to the indicated area to commence installation of UA FFE items. UA Work to be coordinated with remaining SBER construction. | | | | | | |
