FIFTH AMENDMENT TO LEASE THIS FIFTH AMENDMENT TO LEASE (this "Amendment") is made by and between CHEVRON U.S.A. INC., a Pennsylvania corporation ("Landlord") and TEXAS MICRO-SYSTEMS, INC., a Texas corporation ("Tenant"), made effective the 17th day of October, 1995. WITNESSETH: WHEREAS, Landlord and Tenant did enter into that certain lease (the "Lease") dated December 11, 1992, as amended effective February 24, 1993, and October 28, 1993, and July 10, 1995, and July 17, 1995 for certain leased space situated in the Building known as 5959 Corporate Drive, Houston, Texas; and WHEREAS, Landlord and Tenant again desire to amend the Lease as set forth herein; NOW THEREFORE, Landlord and Tenant in consideration of the premises and the mutual benefits to be derived therefrom, do hereby covenant, stipulate and agree, each with the other, to the following terms, covenants, conditions and obligations as an amendment to the Lease: 1. All terms, covenants, obligations and conditions in this Amendment which conflict with a like provision in the Lease shall be controlling over and supersede any like provision in the Lease. 2. All terms, covenants, obligations and conditions in the Lease not superseded and/or amended by any provision in this Amendment shall remain in full force and effect. All defined terms in the Lease shall have the same meaning in this Amendment. 3. Tenant's preferential right to lease the two South Quadrants on the second level of the Building, as provided for in the Third Amendment to the Lease, dated July 10, 1995, is hereby extinguished and shall no longer exist. Made as of the date first written above. LANDLORD TENANT CHEVRON U.S.A. INC. TEXAS MICRO-SYSTEMS, INC. By GARY SCHUMAN By MICHAEL STEWART ------------------------------- -------------------------------- Its Lease Manager Its President ------------------------------ -------------------------------