Exhibit 10.24.3
AMENDMENT TO LEASE AGREEMENT
THIS AMENDMENT TO LEASE AGREEMENT made this 2nd day of April, 2002
BETWEEN:
THE MANUFACTURERS LIFE INSURANCE COMPANY
(hereinafter called the "Landlord")
OF THE FIRST PART,
and
CRYSTAL DECISIONS, CORP.
(hereinafter called the "Tenant")
OF THE SECOND PART,
WHEREAS by a Lease Agreement made the 27th day of December 1994, a Lease of
Additional Premises dated the 13th day of December, 1995, a Consent to Sublease
dated the 6th day of October, 1998, an Amendment to Lease Agreement dated the
30th day of December, 1999 and an Amendment to Lease Agreement dated the 17th
day of July, 2000 (collectively the "Lease"), the Landlord leased to the Tenant
the following premises:
Building: - ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇.▇.
Leased Premises: - 30,147 rsf, 5th - 7th Floors, ▇▇▇▇▇▇ ▇▇▇, ▇▇▇, ▇▇▇
▇▇▇▇: - Nine(9) years: ▇▇▇▇▇, ▇▇▇▇ - February 29, 2004
Base Rent: - Years 1-5: $4.80 per rsf
Year 6: $18.00 per rsf
Year 7: $19.00 per rsf
Year 8: $20.00 per rsf
Year 9: $21.00 per rsf
AND WHEREAS the Landlord and the Tenant have agreed to amend the Lease to lease
an additional 10,049 rsf on the 4th floor of the Property from May l, 2002 to
December 31, 2002;
NOW, WITNESSETH that in consideration of the rents, covenants and agreements
contained in the Lease, and in consideration of the covenants and agreements
hereinafter contained, and the sum of ONE DOLLAR ($1.00) now paid by each of the
parties to the other (the receipt and sufficiency of which is hereby
acknowledged), the Landlord and Tenant hereby agree to amend the Lease as
follows:
1) (i) Article 1(d), Rentable Area, of the Lease shall be amended by
the addition of the following:
"For the period May 1 to December 31, 2002 (the "Effective Period"),
the Leased Premises shall be deemed to consist of 40,196 rentable
square feet.
Upon expiry of the Effective Period, the Leased Premises shall be
deemed to consist of 30,147 rentable square feet."
(ii) Article l(f), Annual Base Rent, of the Lease shall be amended
by the addition of the following:
"For the Effective Period, the Base Rent shall be the sum of FOUR
HUNDRED FIFTY FIVE THOUSAND FIVE HUNDRED FIFTY FOUR Dollars
SIXTY-FOUR Cents ($455,554.64) of lawful money of the jurisdiction
in which the Leased Premises are located, payable in equal monthly
instalments. The monthly instalments shall he FIFTY SIX THOUSAND
NINE HUNDRED FORTY FOUR Dollars THIRTY-THREE Cents ($56,944.33)
each in advance on the first day of each month during the Term. The
first amended payment to be made on the 1st day of May 2002, and the
last amended payment shall be made on the 1st day of December, 2002.
INITIAL
-----------------
Landlord | Tenant
Upon expiry of the Effective Period, the Base Rent for January and
February 2003 shall be the sum of ONE HUNDRED THOUSAND FOUR HUNDRED
NINETY Dollars ($100,490.00) of lawful money of the jurisdiction in
which the Leased Premises are located, payable in equal monthly
instalments. The monthly instalments shall be FIFTY THOUSAND TWO
HUNDRED FORTY FIVE Dollars ($50,245.00) each in advance on the
first day of each month during the Term. The first amended payment
to be made on the 1st day of January 2003."
The Annual Base Rent for the last year of the Renewal Term shall be
tire sum of SIX HUNDRED THIRTY THREE THOUSAND EIGHTY SEVEN Dollars
($633,087.00) of lawful money of the jurisdiction in which the
Leased Premises are located, payable in equal monthly instalments:
The monthly instalments shall be FIFTY TWO THOUSAND SEVEN HUNDRED
FIFTY SEVEN Dollars TWENTY FIVE Cents ($52,757.25) each in advance
on the first day of, each month during the Term. The first amended
payment to be made on the 1st day of March 2003."
2) For the Effective Period only, Schedule B1 (a) - Outline of Additional
Leased Premises, attached hereto, shall form part of the Lease as if the same
were embodied therein.
3) The Landlord and the Tenant hereby, confirm each to the other the
several covenants and agreements in the Lease as amended by this Amendment to
Lease Agreement.
4) This Amendment to Lease Agreement and everything herein contained shall
entire to the benefit of and be binding upon the respective heirs, executors,
administrators, successors, assigns and other legal representatives, as the case
maybe, of each of the parties hereto and every reference herein to any party
hereto shall include the heirs, executors, administrators, successors, assigns
and other legal representatives of such party, and where there is more than one
tenant or there is a male or female party, the provisions hereof shall be read
with all grammatical changes thereby rendered necessary and all covenants shall
be deemed joint and several:
IN WITNESS HEREOF the parties hereto have executed this Amendment to Lease
Agreement. I/We have authority to bind the corporation.
LANDLORD:
THE MANUFACTURERS LIFE INSURANCE COMPANY
/s/ (Illegible Signature) by Signature: /s/ ▇▇▇▇ ▇▇▇▇▇▇
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Witness as to Name: Regional Director
signing by Tenant Title: ▇▇▇▇ ▇▇▇▇▇▇
TENANT:
CRYSTAL DECISIONS, CORP.
/s/ (Illegible Signature) by Signature: : /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇
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Witness as to Name:
signing by Tenant Title:
-2-