Exhibit 10.6
SECOND AMENDMENT TO LEASE AGREEMENT
This SECOND AMENDMENT TO LEASE AGREEMENT (this "Amendment")
is executed and entered into effective as of May 12, 2010, by and between AR INDUSTRIAL NO. 1, LTD., a Texas limited partnership ("Landlord") and ORTHOFIX, INC., a Texas corporation ("Tenant").
RECITALS:
AGREEMENTS:
For valuable consideration, whose receipt and sufficiency are acknowledged, Landlord and Tenant agree as follows:
SECOND AMENDMENT TO LEASE AGREEMENT Page I
Exhibit 10.6
Exhibit 10.6
the Mapei 5-year performance warranty described in said Exhibit A expires. Additionally, in connection with such repairs, to the extent and only to the extent, the presence of such mold is determined to have been caused solely by the moisture level in the concrete slab prior to the installation of the carpet squares, and not by some other condition or factor, nor by any misuse, abuse, neglect or other action of Tenant or any Tenant Party, Landlord, at its sole cost and expense, will remove and remediate any mold found to be existing between the concrete slab and any such repaired carpet squares. As a condition to Landlord's obligations under this paragraph Tenant agrees to cause the Tenant Finish Work contractor to commence the installation of the carpet squares and other floor coverings within the Premises within one (1) Business Day after the date of this Amendment, and to continuously and diligently prosecute such installation and complete the same as expeditiously as possible, such that all Work can be completed, Substantial Completion will occur and the Certificate of Occupancy for the Premises can be obtained no later than June I, 2010.
THE REMAINDER OF TIDS PAGE INTENTIONALLY LEFT BLANK.
SECOND AMENDMENT TO LEASE AGREEMENT
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Exhibit 10.6
Executed as of the date first written above.
LANDLORD:
AR INDUSTRIAL NO. 1, LTD.,
a Texas limited partnership
By: 29BCOt Inc.,
a Texas corporation General Partner
By: /s/ Joel M. Overton, Jr.
Name: Joel M. Overton, Jr.
Title: Senior Vice President
TENANT:
ORTHOFIX, INC.,
a Minnesota corporation
By: /s/ Brian C. Ranft
Name: Brian C. Ranft
Title: Sr. V.P. Operations
SECOND AMENDMENT TO LEASE AGREEMENT
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