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EXHIBIT 10.8(b)
FIRST AMENDMENT TO LEASE AGREEMENT
The FIRST AMENDMENT TO LEASE AGREEMENT (hereinafter referred to as the
"First Amendment") is made as of the ______ day of ________________ 1998, by and
between WEEKS DEVELOPMENT PARTNERSHIP (hereinafter referred to as "Landlord")
and INNOTRAC CORPORATION (hereinafter referred to as "Tenant").
WITNESSETH:
WHEREAS, Landlord and Tenant entered into that certain Lease Agreement
dated December 8, 1997 (hereinafter the "Agreement") for the lease of
approximately 250,000 square feet of office/warehouse space at 6655 Sugarloaf
Parkway, Duluth, Georgia which is more particularly described in Exhibit "A" to
the Agreement and certain easements, rights and privileges appurtenant thereto
(hereinafter the "Leased Premises"); and
WHEREAS, Landlord and Tenant desire to enter into this FIRST AMENDMENT
in order to extend the Substantial Completion date under the Agreement;
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) paid
by Landlord and Tenant to one another, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged by
Landlord and Tenant, Landlord and Tenant amend the Agreement as follows:
1. Paragraph 4.03 of the Agreement is hereby deleted and replaced with
the following:
"In the event Substantial Completion has not occurred by
12/20/98, as such date has been extended for Tenant Delays,
then, Tenant shall have the right to terminate this Lease by
giving Landlord five (5) days written notice, whereupon
neither party shall have further liability to the other
hereunder except as provided for in Section 4.02 above."
2. Except as expressly modified by this First Amendment, all
provisions, terms and conditions of the Agreement shall remain in full force and
effect.
3. In the event a provision of this First Amendment conflicts with a
provision of the Agreement, the First Amendment shall supersede and control.
4. All terms and phrases used herein shall have the same meaning as
assigned to them in the Agreement.
5. This First Amendment shall not be of any legal effect or consequence
unless signed by Landlord and Tenant, and once signed by Landlord and Tenant it
shall be binding upon and inure to the benefit of Landlord, Tenant, and their
respective legal representatives, successors and assigns.
6. This First Amendment has been executed and shall be construed under
the laws of the State of Georgia.
SIGNATURES CONTAINED ON FOLLOWING PAGE
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IN WITNESS WHEREOF, the undersigned have caused this First Amendment to
be executed under seal and delivered as of the day and year first above written.
LANDLORD:
Signed, sealed and delivered WEEKS DEVELOPMENT
as to Landlord, in the PARTNERSHIP, a Georgia general
presence of: partnership
By: Weeks Realty Services, Inc.
/s/Kelly O'Kinnery
- ---------------------------------- a Georgia corporation,
its managing general partner
- ----------------------------------
Notary Public By: /s/Forrest W. Robinson
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Name: Forrest W. Robinson
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Its: President/C.O.O.
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TENANT:
Signed, sealed and delivered INNOTRAC CORPORATION
in the presence of:
/s/Gerda Dale By: /s/David Ellin
- ---------------------------------- -------------------------------------
Witness Name: David Ellin
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Its: Sr. V.P. & C.O.O.
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Gerda Dale
- ----------------------------------
Notary Public
ATTEST:
By:
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Name:
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Its:
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[Corporate Seal]