EXHIBIT 10.4.7
215 First Street
Cambridge, Massachusetts 02142
("the Building")
SEVENTH AMENDMENT
Dated as of October 1, 1998
LESSOR: Cambridge Athenaeum LLC, a Delaware limited liability company,
successor-in-interest to Athenaeum Property LLC, successor-in-interest
to Athenaeum Realty Nominee Trust, successor-in-interest to Robert A.
Jones, K. George Najarian, Trustees of Athenaeum Realty Nominee Trust
LESSEE: Bitstream, Inc., a Massachusetts corporation
PREMISES: Area A: Areas on the first (1st) and second (2nd) floors of the
Building, containing 17,174 rentable square feet, more or less, as shown on
Exhibit A to the Lease Amendment
Area B: An area on the ground floor of the Building, containing 4,700
rentable square feet, more or less, as shown on Exhibit A to the Fourth
Amendment to Lease
Area C: An area on the second (2nd) floor of the Building, containing
5,624 rentable square feet, more or less, as shown on Exhibit A to the Sixth
Amendment to Lease
ORIGINAL
LEASE LEASE
DATA EXECUTION
DATE: March 17, 1992
TERMINATION
DATE: Area A: As of October 1, 1998
Area B: October 1, 2003
Area C: October 1, 2003
PREVIOUS
LEASE
AMENDMENTS: Lease Amendment dated September 7, 1993
Letter Agreement executed July 13, 1994
(entitled Second Amendment)
Third Amendment to Lease dated June 15, 1996
Fourth Amendment to Lease dated March 3, 1997
Fifth Amendment to Lease dated April 15, 1997
Sixth Amendment to Lease dated June 6, 1997
EXTENDED
TERMINATION
DATE IN RESPECT
OF AREA A: October 1, 2003
WHEREAS, Lessee has, by letter dated May 26, 1998, a copy of which is
attached hereto as Exhibit A, exercised its option to extend the term of the
lease in respect of Area A for one (1) additional five (5) year term pursuant to
Section 23 of the Lease, as revised by Paragraph 7 of the Sixth Amendment to
Lease;
NOW THEREFORE, the parties hereby agree that the above-referenced lease,
as previously amended (the "Lease"), is hereby further amended as follows:
1. EXTENSION OF TERM OF LEASE IN RESPECT OF AREA A
The term of the Lease in respect of Area A is hereby extended for an
additional period commencing as of October 1, 1998 and terminating as of October
1, 2003. Said additional term shall be upon all of the same terms and conditions
of the Lease in effect immediately preceding the commencement of such additional
term (including, without limitation, the Rent Adjustment percentage of 9.65% for
Areas A, B and C for Real Estate Taxes and Common Area Operating Expenses
pursuant to Section 5 of the Lease, as amended by Paragraph 5 of the Sixth
Amendment to Lease), except as follows:
A. Base Rent in respect of Area A during the additional term of the Lease
shall be Two Hundred Twenty-Four Thousand Nine Hundred Seventy-Nine and 36/100
($224,979.36) Dollars annually (i.e., a monthly installment of $18,748.28).
B. In accordance with Section 23 of the Lease, as amended by Paragraph 7
of the Sixth Amendment to Lease, Lessee shall continue to have one (1) remaining
option to extend the term of the Lease in respect of the entirety of the
premises for one (1) additional five (5) year term commencing as of October 2,
2003 and terminating as of October 1, 2008.
C. In the event that any of the provisions of the Lease are inconsistent
with this Amendment or the state of facts contemplated hereby, the provisions of
this Amendment shall control.
2. PARKING
The parties acknowledge that Lessee has the right to park up to sixty (60)
passenger motor vehicles in open (uncovered) parking areas provided on the Lot
and/or in any parking garage which Lessor may construct on the Lot, pursuant to
Section 2 of the Lease, as amended by Paragraph 3 of the Lease Amendment. The
parties further acknowledge that Lessee shall continue to have the right to said
parking spaces during the additional term of the Lease in accordance with the
terms of said Section 2 of the Lease and Paragraph 3 of the Lease Amendment.
3. BROKER
The Lessor and Lessee each represent and warrant to the other that each
has had no dealings with any Brokers concerning this Seventh Amendment, except
Fallon, Hines & O'Connor, Inc., a Trammel Crow Company, and each party agrees to
indemnify and hold the other harmless for any damages occasioned to the other by
reason of a breach of this representation and warranty.
4. DELETED LEASE PROVISIONS
Paragraph 1(b) of the Lease Amendment, Paragraphs 5 and 6 of the Third
Amendment to Lease and Paragraph 5 of the Fourth Amendment to Lease are hereby
deleted and of no further force or effect.
5. NOTICES
For all purposes of the Lease, the notice address for Lessor is as
follows:
Beacon Capital Partners, Inc.
One Federal Street
Boston, Massachusetts 02110
6. As herein amended, the Lease is ratified, approved and confirmed in all
respects.
EXECUTED under seal as of the date first above written.
LESSOR:
CAMBRIDGE ATHENAEUM LLC,
a Delaware limited liability company
By: Kendall Athenaeum LLC,
a Delaware limited liability company,
its manager
By: Beacon/PW Kendall LLC, a
Delaware limited liability
company, its manager
By: Beacon Capital Partners, L.P.,
a Delaware limited partnership
d/b/a Beacon Capital Partners
Limited Partnership, its manager
By: Beacon Capital Partners, Inc.,
a Maryland corporation, its
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By: /s/ Thomas Ragno
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Name: Thomas Ragno
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Title: Sr. VP
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Hereunto Duly Authorized
Date Signed: 3/14/99
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TENANT:
BITSTREAM, INC.
By: /s/ Anna M. Chagnon
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(Name) (Title)
Hereunto Duly Authorized
Date Signed: February 12, 1999
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