FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT is entered into as of the day
of March, 1998, by and between VTEL Corporation, a Delaware corporation
("Tenant"), and WB One and Two, Ltd., a Texas limited partnership ("Landlord").
Recitals
A. Tenant and 2800 Industrial, Inc. ("2800") entered into that certain
Lease Agreement dated January 30, 1998 (the "Lease"), relating to Tenant's lease
of approximately 132,747 square feet of rentable area in the office buildings
known as Wild Basin One and Two, Austin, Texas, as more fully described in the
Lease.
B. 2800 has assigned to Landlord all of the right, title and interest
of 2800 in and to the Lease, and Landlord has assumed all of the obligations of
2800 under the Lease.
C. Landlord and Tenant desire to amend the Lease as hereinafter
provided.
Amendment
In consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
Landlord and Tenant hereby amend the Lease as follows:
1. The following sentence is hereby added to Section 6.2 of the Lease,
immediately following the third grammatical sentence of Section 6.2:
"Notwithstanding the immediately preceding sentence or the provisions
of clause (9) of Section 7.1(b) below, Landlord may include in monthly
Operating Costs one-twelfth (1/12) of Landlord's reasonable estimate of
Taxes for the calendar year to which such monthly Operating Costs
applies, subject to adjustments under Section 9.3 below, and Tenant's
payment of such monthly estimate, as adjusted, shall satisfy Tenant's
obligation for the payment of Taxes under this Section 6.2; provided,
however, Landlord shall have the right to include Taxes in monthly
Operating Costs under this sentence only to the extent Landlord is
required to escrow Taxes under any loan secured by a first lien deed of
trust encumbering the Building and the Land."
2. Unless defined differently herein or the context clearly requires
otherwise, all initially capitalized terms used in this Amendment shall have the
meanings ascribed to them under the Lease. Except as expressly amended hereby,
the Lease shall remain unchanged and in full force and effect.
EXECUTED as of the date first written above.
TENANT:
VTEL CORPORATION, a Delaware corporation
By:
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Name:
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Title:
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LANDLORD:
WB ONE AND TWO, LTD., a Texas limited
partnership
By: WB One and Two, Inc., a Texas
corporation, General Partner
By:
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Name:
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Title:
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