EXHIBIT 10(dd)
AMENDMENT OF LEASE
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This AMENDMENT OF LEASE (this "Amendment") made as of March 28, 1997 between
EQUITABLE FEDERAL STREET REALTY COMPANY LIMITED PARTNERSHIP, a Massachusetts
limited partnership, having an address at One Boston Place, Suite 2020, Boston,
Massachusetts 02108 ("Landlord"), and THE FIRST NATIONAL BANK OF BOSTON, a
national banking association duly organized and existing under the laws of the
United States of America, having its principal place of business at 100 Federal
Street, Boston, Massachusetts 02110 ("Tenant").
BACKGROUND
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Landlord and Tenant are Landlord and Tenant, respectively, under an
Indenture of Lease having an effective date as of September 1, 1991 (the
"Original Lease") covering certain premises at 100 Federal Street, Boston,
Massachusetts, as amended to date (as so amended, the Original Lease shall be
referred to hereinafter as the "Lease"). The parties desire to amend the Lease
in certain respects as hereinafter set forth. Terms not defined herein shall
have the meaning ascribed to them in the Lease.
WITNESSETH:
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NOW, THEREFORE, Landlord and Tenant hereby agree to amend the Lease as
follows:
1. Effective as of April 1, 1997, there shall be added to the Premises
under the Lease the portion of the space located on Floor 30 of the Building
shown as the "10,907 s.f. Floor 30 Premises" on the plan attached hereto as
Exhibit A (the "10,907 s.f. Floor 30 Premises"). The 10,907 s.f. Floor 30
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Premises consists of approximately 10,907 rentable square feet of space.
2. Except as expressly provided herein, all terms and provisions of the
Lease shall be applicable to the 10,907 s.f. Floor 30 Premises, except that:
(a) The 10,907 s.f. Floor 30 Premises shall be leased to Tenant "as
is", it being understood that Landlord shall have no obligation to
bring the 10,907 s.f. Floor 30 Premises into the condition required by
Schedule COND or into compliance with the Americans With Disabilities
Act.
(b) The 10,907 s.f. Floor 30 Premises shall be part of Space D under
the Lease.
(c) The term of the Lease for the 10,907 s.f. Floor 30 Premises shall
expire on December 31, 2008. Tenant shall have two options to extend
the term for the 10,907 s.f. Floor 30 Premises (as part of
Space D) as provided in Section 4 of the Amendment of the Lease
effective as of April 1, 1994 (the "Space D Amendment").
(d) No Base Rent shall be payable for the 10,907 s.f. Floor 30
Premises for the period April 1, 1997 through May 14, 1998.
(e) Commencing on May 15, 1998, Base Rent shall be payable at the
following annual rates (per square foot):
May 15, 1998 to December 31, 1998: $32.88
Calendar year 1999: $33.88
Calendar year 2000: $34.88
Calendar year 2001: $35.88
Calendar year 2002: $36.88
Calendar year 2003: $37.88
Calendar year 2004: $38.88
Calendar year 2005: $39.88
Calendar year 2006: $40.88
Calendar year 2007: $41.88
Calendar year 2008: $42.88
(f) The Tenant Improvement Allowance (under Section 3 of Article XVI
of the Lease) for the 10,907 s.f. Floor 30 Premises shall be $47.50
per square foot. Section 5 of the Space D Amendment shall not be
applicable to the 10,907 s.f. Floor 30 Premises.
(g) The Operating Expenses Stop for the 10,907 s.f. Floor 30 Premises
shall be the Operating Expenses for 1997 stated on a per square foot
basis.
(h) The Impositions Stop for the 10,907 s.f. Floor 30 Premises shall
be the Impositions for the fiscal year ending June 30, 1997 stated on
a per square foot basis.
(i) Landlord's maintenance obligations under Article V of the Lease
shall include repair and maintenance of the special heating,
ventilating and air conditioning systems serving the 10,907 s.f. Floor
30 Premises as of the date of this Amendment.
3. Except as only expressly amended hereby, the Lease shall continue in
full force and effect as heretofore.
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WITNESS the execution hereof as an instrument under seal as of the date
first above written.
LANDLORD:
EQUITABLE FEDERAL STREET REALTY COMPANY LIMITED
PARTNERSHIP, a Massachusetts limited partnership
By: 100 Federal Street Realty Corporation, its
general partner
By: /s/ JOHN SCHOSER
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Its: Investment Officer
TENANT:
THE FIRST NATIONAL BANK OF BOSTON
By: /s/ THEODORE M. EDSON
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Its: Director of Global Facilities
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Exhibit A
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[Plan Showing 10,907 s.f. Floor 30 Premises]