SIXTH AMENDMENT TO LEASE
This is a Sixth Amendment to Lease dated as of January 1, 1996
between John Hancock Mutual Life Insurance Company ("Landlord") and Kronos
Incorporated ("Tenant").
W I T N E S S E T H:
WHEREAS, Landlord and Tenant entered into a lease dated November 6, 1992, as
amended by a First Amendment dated November 6, 1992, a Second Amendment dated
June, 1994, a Restated Third Amendment dated as of October 30, 1994, a Fourth
Amendment dated as of June 1, 1995, and a Fifth Amendment dated as of
June 28, 1995, of premises ("Premises") in a building ("Building") located
at 400 Fifth Avenue, Waltham, Massachusetts ("Lease"); and
WHEREAS, Landlord and Tenant have agreed to amend the Lease to incorporate
additional space on the terms and conditions more particularly set forth below.
NOW, THEREFORE, for good and valuable consideration, and in consideration of
the covenants and agreements herein contained, the parties hereby agree to
amend the Lease as follows:
1.The plan attached hereto as Exhibit A-3, setting forth the approximate
location of 762 square feet on the 1st floor of the Building to be added to the
Premises pursuant to this Sixth Amendment ("Sixth Amendment Additional Space"),
is hereby incorporated into Exhibit A to the Lease.
2.The term "Leased Premises" in Section 1 of the Lease is here by amended
by deleting therefrom the phrase "70,112 rentable square feet", and substituting
therefor the phrase "70,874 rentable square feet".
3.The definition of "Minimum Annual Rent" set forth in Section 1 of the
Lease is hereby amended by deleting the same and substituting therefor the
following:
"MINIMUM ANNUAL RENT:
Year Sq. Ft. Per RSF Total
4/1/93- 62,340 10.95* $682,623.00
3/31/94
4/1/94- 62,340 14.75* 919,515.00
10/31/94 annual rate;
536,383.75 for this
7-month period
11/1/94- 62,340 14.75* 979,023.00
3/31/95 3,480 17.10 annual rate; 407,926.25
for this 5-month period
4/1/95- 62,340 15.00 994,608.00 annual rate;
5/31/95 3,480 17.10 165,768.00 for this
2-month period
6/1/95- 62,340 15.00 1,076,156.00 annual
1/31/96 3,480 17.10 rate; 717,437.33 for
4,292 19.00 this 8-month period
2/1/96- 62,340 15.00 1,091,357.90
3/31/96 3,480 17.10 annual rate; 181,892.98
4,292 19.00 for this 2-month period
762 19.95
4/1/96- 62,340 15.25 1,106,942.90
3/31/97 3,480 17.10
4,292 19.00
762 19.95
4/1/97- 62,340 16.25 1,169,282.90
3/31/98 3,480 17.10
4,292 19.00
762 19.95
4/1/98- 62,340 17.00 1,216,037.90
3/31/99 3,480 17.10
4,292 19.00
762 19.95
4/1/99- 62,340 17.00 1,216,037.90
3/31/00 3,480 17.10
4,292 19.00
762 19.95
*Except as modified by the terms of Section 36."
4. The term "Total Rentable Area of the Leased Premises" in Section 1 of
the Lease is hereby amended by deleting therefrom "70,112 sq. feet", and
substituting therefor "70,874 sq. feet".
5. The term "Tax Base" in Section 1 of the Lease is hereby amended by
adding thereto the following:
"Notwithstanding the foregoing, the Tax Base for the Sixth Amendment
Additional Space shall be Tax Year 1996."
6. The terms "Tax Percentage" and "Operating Cost Percentage" in Section 1
of the Lease are hereby amended by adding thereto the following:
", and, as to the Sixth Amendment Additional Space, .63%"
7. The term "Operating Cost Base" is hereby amended by adding thereto the
following:
"Notwithstanding the following, the Operating Cost Base for the Sixth
Amendment Additional Space shall be Calendar Year 1996."
8. The Sixth Amendment Additional Space shall be deemed to be incorporated
into the Lease as of February 1, 1996, and from and after that date, the
Premises shall be deemed to include the original premises demised under the
Lease and the Sixth Amendment Additional Space, in accordance with and subject
to all of the terms and provisions of the Lease. Accordingly, the Tenant's
rights to the Sixth Amendment Additional Space shall expire as of the date of
expiration of the Lease, or its earlier termination. Any exercise by Tenant of
its option to extend the Lease in accordance with Section 38 thereof shall
include the Sixth Amendment Additional Space.
9. Tenant hereby acknowledges and agrees that the Sixth Amendment
Additional Space shall be delivered by Landlord to Tenant in its "as is, with
all faults" condition, and that Landlord shall have no obligations with respect
to improvement of the Sixth Amendment Additional Space. Nothwithstanding any
provision hereof to the contrary, (a) this Sixth Amendment shall not be
effective until the existing occupant has vacated the Sixth Amendment Additional
Space, (b) Tenant shall have no claim against Landlord in the event that the
space is not available as of February 1, 1996, and (c) Tenant's occupancy shall
at all times be subject to all of the terms and conditions of the Lease.
10. Landlord and Tenant hereby represent and warrant to each other that the
only broker with whom each of them has had dealings in connection with this
Sixth Amendment is Beacon Management Company. Each party agrees to defend,
indemnify and hold the other party harmless from any breach of the foregoing
representation.
Except as hereinabove amended, the Lease remains in full force and
effect.
EXECUTED as a sealed instrument as of the day and year first above
written.
LANDLORD:
JOHN HANCOCK MUTUAL LIFE
INSURANCE COMPANY
By: /s/ M.E. Armour
Its:
TENANT:
KRONOS INCORPORATED
By: /s/Paul Lacy
Its:
V.P., Finance and
Administration
EXHIBIT A - 3
Exhibit A-3 contains a graphic which sets forth the approximate location of 762
square feet on the first floor of the Building to be added to the Premises
pursuant to the Sixth Amendment to the Lease.