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EXHIBIT 10.8
COMMERCIAL OFFICE LEASE
CHANDLER CORPORATE CENTER, PHASE II, G.P.
▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇
PARTIES:
THIS LEASE is made and entered into this 6th day of September 1993, by
and among CHANDLER CORPORATE CENTER PHASE II, G.P., an Arizona General
Partnership, as Landlord, AMKOR ELECTRONICS, INC. Tenant.
W I T N E S S E T H:
1. Premises.
(a) Landlord does hereby lease to Tenant and Tenant hereby hires
from Landlord those certain premises (hereinafter called "premises" or "leased
premises") outlined in red on the floor plan attached hereto as Exhibit "A" and
"B" and by this reference incorporated herein, said premises consisting of
11,200 square feet and 2,309 square feet respectively of space being known as:
▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ and 225, respectively, Chandler, Arizona.
(b) Said letting and hiring is upon and subject to the terms,
covenants and conditions herein set forth, and Landlord and Tenant covenants as
a material part of the consideration for this Lease to keep and perform each and
all of said terms, covenants and conditions by it to be kept and performed and
that this Lease is made upon the condition of such performance.
2. Purpose. The premises are to be used for conducting related office
business and for no other purposes without the written consent of Landlord.
3. Term. The term of this Lease shall be for a period of Five (5)
years, commencing on the 1st day of January, 1994 and ending on the 31st day of
December, 1998. If Landlord is able to deliver possession to Tenant on all or
part of the said premises early or prior to the above stated commencement date
of January 1, 1994, commencement date shall then begin on that earlier date.
Commencement of this Lease shall begin upon the earliest date Landlord is able
to give possession to Tenant.
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4. Possession. If the Landlord, for any reason whatsoever, cannot
deliver possession of the said premises to Tenant at the commencement of the
term hereof, this Lease cannot be void or voidable, nor shall Landlord be liable
to Tenant for any loss or damage resulting therefrom but in that event all rent
shall be abated during the period between the commencement of the said term and
the time when Landlord delivers possession. If the failure to deliver possession
extends beyond two months from the commencement date of the term hereof, Tenant
shall have the option to terminate this Lease without penalty or any obligation.
5. RENTAL
(a) Guaranteed Minimum Monthly Rental.
Tenant shall pay to Landlord during the term of this Lease,
beginning on or before January 1, 1994 and including each month thereafter
through December 31, 1998 the sum of FOURTEEN THOUSAND SEVENTY ONE DOLLARS AND
87/100 ($14,071.87) per month as Minimum Monthly Rental for the demised
premises. Tenant shall pay to Landlord prior to January 1, 1994 the Following
Sum: FORTY TWO THOUSAND TWO HUNDRED FIFTEEN DOLLARS AND 61/100 ($42,215.61) as
advance rent payments representing the 1st three months rent payable in advance.
Beginning April 1994 and continuing through the expiration of this lease ending
December 31, 1998 the following sum: FOURTEEN THOUSAND SEVENTY ONE DOLLARS AND
.87/100 ($14,071.87) per month, which sum shall be paid in .advance on the first
day of each calendar month. If and at which earlier time Landlord is able to
deliver possession on all or part of the said premises to Tenant prior to
commencement date originally stated in paragraph 3 above of this Lease, then
commencement date shall begin at that early time and Tenant shall then begin
paying Lease payments to Landlord at that time. The sum of the Lease payments
and the sum of the advance Lease payments as stated in this paragraph will stay
the same, except if commencement begins prior to that date stated in paragraph 3
payments will begin upon commencement.
All rental to be paid by Tenant to Landlord shall be in lawful money
of the United States of America and shall be paid without deduction or offset,
except as provided below and without prior notice or demand. The due date of
Guaranteed Minimum Monthly Rental is the first day of each calendar month. If
the Guaranteed Monthly Rental is not received by Landlord within ten (10) days
of its due date, it is in default. Any Guaranteed Minimum Monthly Rent in
default shall be subject to an additional charge of five percent (5%) per month
on the unpaid balance thereof as a late charge. In addition to Guaranteed Rent,
Tenant agrees to pay any excise, privilege or sales taxes or any tax levied on
the rental or the receipt thereof, except Landlord's income tax.
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(b) Rental Adjustment.
Effective January 1, 1995 and on January 1st of each year during the
term of this lease, the Guaranteed minimum monthly Rental could be increased by
no more than 5% to compensate for changes in property taxes and operating costs
of the building. Landlord shall provide to Tenant, documentation to substantiate
any such increase and shall include a schedule of actual operating costs and
property taxes from year to year, with calculation of Tenants proportionate
share of any increases in operating costs and property taxes.
Said rental shall be paid to Landlord and checks made payable to
▇▇▇▇▇▇▇▇ Corporate Center, in Lawful money of the United States of America at
▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, or to such other
person or at such other place as Landlord may from time to time designate in
writing.
6. ADDITIONAL EXPENSES. All expenses such as but not limited to
management, utilities, janitorial, maintenance of building and grounds, taxes,
insurance, etc., will remain the responsibility of the Landlord.
7. USES PROHIBITED. Tenant shall not do or permit anything to be done
in or about the premises nor bring or keep anything therein which will cause a
cancellation of any insurance policy covering said building or any part thereof
or any of its contents. Tenant shall not do or permit anything to be done in or
about the premises which will in any way obstruct or interfere with the rights
of other tenants or occupants of the building or injure or annoy them or use or
allow the premises to be used for any improper, immoral, unlawful or
objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance
in, on or about the premises. Tenant shall not commit or suffer to be committed
any waste in or upon the premises.
8. COMPLIANCE WITH LAW. Tenant shall not use the premises or permit
anything to be done in or about the premises which will in any way conflict with
any law, stature, ordinance or governmental rule or regulation now in force or
which may hereafter be enacted or promulgated. Tenant shall at its sole cost and
expense promptly comply with all laws, statutes, ordinances and governmental
rules, regulations or requirements now in force or which may hereafter be in
force and with the requirements of any board of fire underwriters or other
similar body now or hereafter constituted relating to or affecting the
condition, use or occupancy of the premises, excluding structural changes not
related to or affected by Tenant's improvements or acts. Landlord affirms that
it has complied with all laws, statutes, ordinances and governmental rules and
regulations or requirement with respect to
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the engineering, design and construction of the leased premises and agrees to
hold Tenant harmless for and defend Tenant against any damages resulting from
defects or negligence in engineering, design or construction of the leased
premises. The judgment of any court of competent jurisdiction or the admission
of Landlord or Tenant in any action against Landlord or Tenant, whether Landlord
or Tenant are opposing parties thereto or not, that Landlord or Tenant has
violated any law, statute, ordinance or governmental rule, regulation or
requirement, shall be conclusive of that f act as between Landlord and Tenant.
9. CONSTRUCTION AND ALTERATIONS.
(a) Tenant shall not make or suffer to be made any other
alterations, additions or improvements to or for the premises or any part
thereof without the written consent of Landlord first had and obtained. The use
by Tenant of detachable wall partitions or office systems (such as those
produced, designed and distributed by manufacturers such as ▇▇▇▇▇▇▇ Office
Systems, ▇▇▇▇▇ International, or Steel Case) shall not be considered an
alteration, addition or improvement requiring any consent of the Landlord in
spite of the fact that said systems may be attached to the ceiling, floor and
permanent wall of the leased premises. Any alterations, additions or
improvements to or of said premises, except furniture, trade fixtures,
detachable wall partitions and office systems as described above, and security
or alarm system control devices shall at once become a part of the realty and
belong to Landlord. In the event Landlord consents to the making of any
alterations, additions or improvements to the premises by Tenant, the same shall
be made by Tenant at Tenant's sole cost and expense and any contractor or person
selected by Tenant to make the same must first be approved of in writing by
Landlord. Upon the expiration or sooner termination of this Lease, Tenant shall,
upon demand by Landlord, at Tenant's sole cost and expense, forthwith and with
all due diligence remove any alterations, additions or improvements made by
Tenant, designated by Landlord to be removed, and Tenant shall, forthwith and
with all due diligence at its sole cost and expense, repair any damage to the
premises caused by such removal.
10. REPAIR AND JANITORIAL SERVICE. By entering into possession of the
leased premises, Tenant accepts the premises as being in good condition and
repair, damage thereto by fire, earthquake, act of God or the elements and
reasonable wear and tear excepted. Landlord agrees to maintain in good working
order and repair and operate on a regular and continual basis all fixtures,
lighting, fountains and other appurtenances of the office complex of which the
leased premises is a part. Tenant shall, upon the expiration or sooner
termination of the term hereof, surrender the
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premises to Landlord in the same condition as when received, ordinary wear and
tear and damage by fire, earthquake, act of God or the elements excepted.
11. ABANDONMENT. Tenant shall not vacate or abandon the premises at any
time during the term, and if Tenant shall abandon, vacate or surrender said
premises, or be dispossessed by process of law, or otherwise, any personal
property belonging to Tenant and left on the premises shall be deemed to be
abandoned.
12. LIENS. Tenant shall keep the premises and the property in which the
premises are situated free from any liens arising out of any work performed for,
materials furnished to, or obligations incurred by Tenant.
13. ASSIGNMENT AND SUBLETTING. Tenant shall not assign, transfer
mortgage, pledge, hypothecate or encumber this Lease, or any interest therein,
and shall not sublet the said premises or any part thereof, or any right or
privilege appurtenant thereto, or suffer any other person (the agents and
servants of Tenant excepted) to occupy or use the said premises, or any portion
thereof, without the written consent of Landlord first had and obtained, which
consent shall not be unreasonably withheld. A consent to one assignment,
subletting, occupation or use by any other person shall not be deemed to be a
consent to any subsequent assignment, subletting, occupation or use by another
person. Any such assignment or subletting without such consent shall be void,
and shall, at the option of Landlord, terminate this Lease. This Lease shall
not, nor shall any interest therein, be assignable as to the interest of Tenant
by operation of law, without the written consent of Landlord.
14. INDEMNIFICATION OF LESSOR. Tenant shall hold Landlord harmless from
and defend Landlord against any and all claims of liability for any injury or
damage to any person or property whatsoever: (1) occurring in, on or about the
premises or any part thereof, and (2) occurring in, on or about any facilities
(including, without prejudice to the generality of the term "facilities",
stairways, passageways, hallways and parking areas), the use of which Tenant may
have in conjunction with other tenants of the building, when such injury or
damage is caused in part or in whole by the act, neglect, fault of or omission
of any duty with respect to the same by Tenant, its agents, servants, employees,
or invitees.
15. INSURANCE.
(a) The Landlord shall keep the building containing the leased
property insured against loss or damage by fire with extended coverage
endorsement in an amount sufficient to prevent the Landlord from becoming a
coinsurer under the terms of the
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applicable policies but, in any event in an amount not less than eighty (80%)
percent of the full insurable value as determined from time to time. The term
"full insurable value" shall mean actual replacement cost (exclusive of the cost
of excavation, foundations and footings) without deduction for physical
depreciation. Such insurance shall be issued by financially responsible insurers
duly authorized to do business in this state.
(b) Tenant agrees to provide, pay for and maintain public liability
and property damage insurance of not less than $1,000,000 with respect to bodily
injury or death to any one person and of not less than $1,000,000 in respect to
damage to property of others, for the protection of the Landlord and the Tenant
against liability that may or might arise from any accident or any injury or
death to any person, or damage to property, with Landlord and Tenant as named
insureds. Tenant further agrees to furnish Landlord with certificates of
insurance or other evidence that such insurance is in effect, which certificate
shall contain a clause requiring the insurer to give ten (10) days written
notice to Landlord prior to any change or cancellation of the policy or policies
providing such coverage.
(c) So long as their respective insurers so permit, Tenant and
Landlord hereby mutually waive their respective rights of recovery against each
other for any loss insured by fire, extended coverage and other property
insurance policies existing for, the benefit of the respective party. Each party
shall obtain any special endorsements, if required by their insurer, to evidence
compliance with the aforementioned waiver.
16. SERVICES AND UTILITIES. Tenant shall pay f or all telephone and
other such services for the leased premises as Tenant shall contract for.
17. PERSONAL PROPERTY TAXES. Tenant agrees to pay or cause to be paid,
before delinquency, any and all taxes levied or assessed and which become
payable during the term hereof upon all equipment, furniture, fixtures, and
other personal property located in the premises; except that which may be owned
by Landlord.
18. SUBORDINATION, ATTORNMENT.
(a) This Lease, at Landlord's option, shall be subordinate to the
lien of any first deed of trust or first mortgage subsequently placed upon the
real property of which the leased premises are a part, and to any and all
advances made on the security thereof, and to all renewals, modifications,
consolidations, replacements and extensions thereof; provided, however, that as
to the lien of any such deed of trust or mortgage, Tenant's right to quiet
possession of the premises shall not be
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disturbed if Tenant is not in default and so long as Tenant shall pay the rent
and observe and perform all of the provisions of this Lease, unless this Lease
is otherwise terminated pursuant to its terms. If any mortgagee, trustee or
ground lessor shall elect to have this Lease prior to the lien of its mortgage,
deed of trust or ground lease, whether this Lease is dated prior or subsequent
to the date of recording thereof.
(b) In the event any proceedings are brought for foreclosure, or in
the event of the exercise of the power of sale under any mortgage or deed of
trust made by the Landlord covering the demised premises, Tenant shall attorn to
the purchaser as the Landlord under this Lease.
(c) If upon any sale, assignment, or hypothecation of the leased
premises or the land thereunder by Landlord, or at any other time, an estoppel
certificate shall be requested of Tenant, Tenant agrees to deliver such estoppel
certificate (in recordable form) addressed to any such proposed mortgagee or
purchaser or to the Landlord certifying the requested information, including
among other things the dates of commencement and termination of this Lease, the
amounts of security deposits, and that this Lease is in full force and effect
(if such be the case) and that there are no differences, offsets or defaults as
actually exist. Tenant shall be liable for any loss or liability resulting from
any incorrect information certified, and such mortgagee and purchaser shall have
the right to rely on such estoppel certificate. Tenant shall in the same manner
acknowledge and execute any assignment of rights to received rents as required
by any mortgagee of Landlord.
19. HOLDING OVER. If, with Landlord's consent, Tenant holds possession
of the premises after the term of this Lease, without exercising an option to
renew pursuant to the terms of Paragraph 3 hereof, Tenant shall become a tenant
from month to month upon the terms herein specified but as a monthly rental
equivalent to the then prevailing rental paid by Tenant at the expiration of the
term of this Lease pursuant to all of the provisions of Paragraphs 5 and 6
hereof, payable in advance on or before or upon the first day of each month, and
Tenant shall continue in possession until such tenancy shall be terminated by
Landlord, or until Tenant shall have given to Landlord a written notice at least
one month prior to the date of termination of such monthly tenancy of his
intention to terminate such tenancy.
20. ENTRY BY LESSOR.
(a) Landlord understands that the work to-be performed by Tenant on
the leased premises is of a highly technical and confidential nature, and,
therefore, Landlord agrees to provide Tenant with reasonable notice of
Landlord's desire to enter upon the leased premises and shall provide Tenant
with an opportunity to
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be present when entry on the premises by Landlord is made f or purposes of
inspecting, showing to prospective purchasers or tenants or repairing and
maintaining the premises.
(b) When an emergency situation exists in which material and
significant damage to the leased premises may result unless entry is made
immediately, Landlord shall have the right to enter the leased premises without
any notice to Tenant.
(c) Landlord may, for purposes of repairing or maintaining the
premises, erect scaffolding and other necessary structures which are reasonably
required by the character of the work to be performed, always providing the
entrance to the premises shall not be blocked thereby, and further providing
that the business of Tenant shall not be interfered with unreasonably. Tenant
hereby waives any claim f or damages for any injury or inconvenience to or
interference with Tenant's business, any loss of occupancy or quiet enjoyment of
the premises, and any other loss occasioned thereby.
21. DEFAULT.
(a) If default shall be made in the payment of the rent or any
installment thereof or in the payment of any other lien required to be paid by
Tenant under this Lease, or any other agreement between Landlord and Tenant, and
such default shall continue for ten (10) days after written notice thereof to
Tenant, or if default shall be made in the performance of any of the other
covenants or conditions which Tenant is required to observe and perform
hereunder and such default shall continue for thirty (30) days after written
notice thereof to Tenant, or if the interest of Tenant in this Lease shall be
levied on under execution or other legal process, or if any petition shall be
filed by or against Tenant to declare Tenant a bankrupt, or if Tenant be
declared insolvent according to law by a court of competent jurisdiction, or if
any assignment of Tenant's property shall abandon or vacate the premises during
the term of this Lease, then Landlord may treat the occurrence of any one or
more of the foregoing events as a breach of this Lease, and thereupon at its
options may, without notice or demand of any kind to Tenant or any other
persons, have any one or more of the following described remedies, in addition
to all other rights and remedies provided at law or in equity:
(b) Upon any default by Tenant Landlord may re-enter the premises
and take possession of the same and without terminating this Lease, at any time
and f rom time to time relet the premises or any part thereof for the account of
Tenant, for such term upon such reasonable conditions and at such rental as
Landlord may deem proper. In such event Landlord may receive and collect the
rent
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from such reletting and apply it against any amounts due from Tenant hereunder
(including without limitation such expenses as Landlord may have incurred in
recovering possession of the premises, placing the same in good order and
condition, repairing the same for reletting, and all other expenses, commissions
and charges including reasonable and necessary attorneys' fees which Landlord
may have paid or incurred in connection with such repossession and reletting).
Landlord may execute any lease made pursuant hereto in Landlord's name, and
Tenant thereunder shall be under no obligation to see to the application by
Landlord of any rent collected by Landlord nor shall Tenant have any right to
collect any rent thereunder. Whether or not the premises are relet, Tenant shall
pay Landlord, until the end of the term hereof, the amount of all rent and other
charges required to be paid the Tenant hereunder, less the proceeds of such
reletting during the term hereof, if any, after payment of Landlord's expenses
as provided above. Such payments by Tenant shall be due at such times as are
provided elsewhere in this Lease, and Landlord need not wait until the
termination of this Lease to recover them by legal action or otherwise. Landlord
shall not, by any re-entry or other act, be deemed to have terminated this Lease
or the liability of Tenant for the total rent hereunder unless Landlord shall
give Tenant written notice of Landlord's election to terminate this Lease.
(c) Upon any default by Tenant Landlord may give written notice to
Tenant of Landlord's election to terminate this Lease, re-enter the premises and
take possession of the same. in such event Landlord shall thereupon be entitled
to recover from Tenant the worth, at the time of such termination of the excess,
if any, of the rent and other charges required to be paid by Tenant hereunder
for the balance of the term hereof (if this Lease had not been so terminated)
over the then reasonable rental value of the premises for the same period.
22. RECONSTRUCTION.
(a) In the event the premises or the building of which the premises
are a part are damaged by fire or other perils covered by extended coverage
insurance, Landlord agrees to forthwith repair the same; and this Lease shall
remain in full force and effect, except that Tenant shall be entitled to a
proportionate reduction of rent while such repairs are being made, such
proportionate reduction to be based upon the proportion of the square footage of
the leased premises which is deemed unusable by Tenant bears to the entire
leased premises or the extent to which the damage or making of repairs shall
interfere with the business carried on by Tenant in the premises.
(b) In the event the premises or the building of which the premises
are a part are damaged as a result of any cause other
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than the perils covered by fire and extended coverage insurance, then Landlord
shall forthwith repair the same, provided the extent of the destruction be less
than twenty-five percent (25%) of the then full replacement value of the
premises or the building of which the premises are a part. In the event the
destruction of the premises or of the building is to an extent greater than
twenty-five percent (25%) of the then full replacement value, then Landlord
shall have the option either: (1) to repair or restore such damage, this Lease
continuing in full force and effect, but the rent to be proportionately reduced
as hereinabove in this paragraph provided; or (2) give notice to Tenant at any
time within thirty (30) days after such damage, terminating this Lease as of the
date specified in such notice, which date shall be no less than thirty (30) nor
more than sixty (60) days after the giving of such notice. In the event of
giving of such notice, this Lease shall expire and all interest to the Tenant in
the premises shall terminate on the date so specified in such notice and the
rent, reduced by any proportionate reduction, based upon the extent, if any, to
which such damage interfered with the business carried on by Tenant in the
premises, shall be paid up to date of such termination.
(c) Notwithstanding anything to the contrary contained in this
paragraph, Lessor shall not have any obligation whatsoever to repair,
reconstruct or restore the premises when the damage resulting from any casualty
covered under this Paragraph occurs during the last six (6) months of the last
one-year option renewal term of this Lease.
(d) Any repairs required to be made by Landlord to the leased
-premises by this Paragraph 22 shall be done in like quality, detail,
workmanship and finish as the original constructions.
23. EMINENT DOMAIN. If all or any part of the premises shall be
taken or appropriated by any public or quasi-public authority under the power of
eminent domain, either party hereto shall have the right, at its option, to
terminate this Lease, and Landlord shall be entitled to any and all income,
rent, award, or any interest therein whatsoever which may be paid or made in
connection with such public or quasi-public use or purpose, and Tenant shall not
have claim against Landlord for the value of any unexpired term of this Lease.
If a part of the premises shall be so taken or appropriated and neither party
hereto shall elect to terminate this Lease, the rental thereafter to be paid
shall be equitably reduced. Before Tenant may terminate this Lease by reason of
taking or appropriation as above provided, such taking or appropriation shall be
of such an extent and nature as to substantially handicap, impede or impair
Tenant's use of the premises if any part of the building other than the premises
shall be so taken or appropriated, Landlord shall have the right, at its option,
to terminate this Lease and shall be entitled to the entire award, as above
provided.
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Clauses, plats and riders, if any, signed by Landlord and Tenant
and endorsed on or affixed to this Lease are a part hereof.
24. SALE BY LESSOR. In the event of a sale or conveyance by Landlord of
the building containing the premises, the same shall operate to release Landlord
from any future liability upon any of the covenants or conditions, express or
implied, herein contained in favor of Tenant, and in such event Tenant agrees to
look solely to the responsibility of the successor in interest of Landlord in
and to this Lease. This Lease shall not be affected by any such sale, and Tenant
agrees to attorn to the purchaser or assignee.
25. ATTORNEYS' FEES. In the event of any action or proceeding brought
by either party against the other under this Lease the prevailing party shall be
entitled to recover f or the reasonable fees of its attorneys in such action or
proceeding such amount as the Court may adjudge reasonable as attorneys' fees.
26. SURRENDER OF PREMISES. The voluntary or other surrender of this
Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and
shall, at the option of the Landlord, terminate all or any existing subleases or
subtenancies, or may, at the option of Landlord, operate as an assignment to it
of any or all such subleases or subtenancies.
27. WAIVER. The waiver by Landlord of any term covenant or condition
herein contained shall not be deemed to be a waiver of such term, covenant or
condition or any subsequent breach of the same or any other term, covenant or
condition herein contained. The subsequent acceptance of rent hereunder by
landlord shall not be deemed to be a waiver of any preceding breach by Tenant of
any term, covenant or condition of this Lease, other than the failure .of Tenant
to pay the particular rental so accepted, regardless of Landlord's knowledge of
such preceding breach at the time of acceptance of such rent.
28. NOTICES. All notices and demands which may or are required to be
given by either party to the other hereunder shall be in writing. All notices
and demands by the Landlord to the Tenant shall be sent by United States
certified or registered mail, postage prepaid, addressed to the Tenant at the
premises, or to such other place as the Tenant may from time to time designate
in a notice to the Landlord. All notices and demands by the Tenant to the
Landlord shall be sent by United States certified or registered mail, postage
prepaid addressed to the Landlord at ▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇., ▇▇▇▇▇ ▇▇▇,
▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ or such other person or place as the Landlord may from
time to time designate in a notice to the Tenant. Notice or demand shall be
deemed complete upon mailing.
29. DEFINED TERMS AND MARGINAL HEADINGS. The words"landlord" and
"Tenant" as used herein shall include the plural as well as the
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singular. Words used in masculine gender include the feminine and neuter. If
there is more than one Tenant the obligations hereunder imposed upon Tenant
shall be joint and several. The marginal headings and titles to the paragraphs
of this Lease are not a part of this Lease and shall have no effect upon the
construction or interpretation of any part hereof.
30. TIME. Time is of the essence of this Lease and each and all of its
provisions.
31. SUCCESSORS AND ASSIGNS. The covenants and conditions herein
contained shall, subject to the provisions as to assignment, apply to and bind
the heirs, successors, executors, administrators and assigns of the parties
hereto.
32. PARKING. Landlord shall provide Tenant with adequate parking spaces
for its employees or agents. Landlord shall provide tenant with f if teen (15)
private covered parking spaces.
33. SIGN. Landlord shall provide signage to tenant. Landlord will
likewise at its sole cost maintain said sign. said sign shall be in as prominent
and visible a position in relation to Parking Lot as is permitted by city
ordinance and/or any other pertinent governmental regulation.
34. SECURITY DEPOSIT. Tenant has deposited with Landlord the sum of
TWENTY-EIGHT THOUSAND ONE HUNDRED FORTY THREE DOLLARS AND 74/100, ($28,143.74)
(Two months rent). Said sum shall be held by Landlord as security for the
faithful performance by Tenant of all of the terms, covenants, and conditions of
this Lease to be kept and performed by Tenant during the term hereof. If Tenant
defaults with respect to any provision of the Lease, including but not limited
to the provisions relating to the payment of rent, Landlord may (but shall not
be required to) use, apply or retain all or Any part of this security deposit
for the payment of any rent or any other sum in default, or for the payment of
any other amount which Landlord may spend or become obligated to spend by reason
of Tenant's default or to compensate Landlord for any other loss or damage which
Landlord may suffer by reason of Tenant's default. If any portion of said
deposit is so used or applied, Tenant shall, upon demand therefore, deposit cash
with Landlord in an amount sufficient to restore the security deposit to its
original amount and Tenant's failure to do so shall be a material breach Of this
Lease. Landlord shall be required to keep this security deposit separate from
its general funds, but Tenant shall not be entitled to interest on such deposit.
If Tenant shall fully and faithfully perform every provision of this Lease to be
performed by it, the security deposit or any balance thereof shall be returned
to Tenant (or, at Landlord's option, to the last assignee of Tenant's interest
hereunder) at the expiration of the
13
Lease term, or may be treated by Tenant at its option as the last month's rental
of the Lease term.
35. QUIET ENJOYMENT. Landlord covenants that if and so long as Tenant
pays the rents due hereunder and performs the other terms, conditions and
covenants of this Lease, Tenant shall quietly enjoy the leased premises subject
to the terms of the Lease.
36. OPTION TO RENEW LEASE AFTER EXPIRATION OF CURRENT LEASE. Landlord
agrees to give Tenant an option to renew the Leased premises for an additional
five (5) years. The Lease rate at that time shall be at whatever the market rate
is at that time.
37. OPTION TO LEASE ADDITIONAL SPACE. Landlord agrees to give Tenant
the First right to Lease all additional space in the building as those current
Leases expire.
38. TENANT IMPROVEMENTS. Landlord agrees to provide at Landlords sole
cost approximately six (6) private offices along the far north and east side of
Suite #100, which is now an open work area. Landlord also agrees to provide
normal Tenant improvements throughout Suite #225 consisting of walls, doors,
ceiling, paint, carpet, A/C, heat and electrical.
All Tenant improvements shall be done in a like quality and workmanship fashion
equal to what now exists.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease the
day and year first above written.
Landlord: Tenant:
CHANDLER CORPORATE CENTER, AMKOR ELECTRONICS, INC.
PHASE II G.P.;
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇
---------------------------- ----------------------------------
▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇▇▇
Its: Managing General Partner President
14
FIRST AMENDMENT
This shall serve as the FIRST AMENDMENT, dated January 5, 1994, to that
Lease dated September 6, 1993, by and between ▇▇▇▇▇▇▇▇ CORPORATE CENTER PHASE
II, G.P., an Arizona General Partnership, ("Landlord"), and AMKOR ELECTRONICS,
INC., ("Tenant") as Tenant located at the certain premises known as ▇▇▇▇ ▇. ▇▇▇▇
▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Suite 100 and 225 (the "Leased Premises"),
however, the language contained herein shall prevail if in conflict with any
previous language.
Whereas Landlord and Tenant entered into that certain Lease dated
September 6, 1993, for the rental of approximately 13,509 rentable square feet
of office space (known as Suite 100 located on the first floor of the building
containing approximately 11,200 square feet and Suite 225, located on the second
floor of the building, containing approximately 2,309 square feet) for a period
of five (5) years commencing on the 1st day of January, 1994 and terminating on
the 31st day of December, 1998.
Now, therefore, in consideration of these recitals and the conditions
and covenants hereinafter contained, the Landlord and Tenant agree as follows:
1. Paragraph 3., Titled "TERM" of the aforesaid Lease is hereby
modified and the following shall prevail:
TERM: The term of this Lease shall be for a period of Five (5)
years, commencing on the 1st day of December 1993, and ending on the 30th day of
November, 1998.
2. Paragraph 4., Titled "POSSESSION" of the aforesaid Lease is hereby
modified and the following shall prevail:
POSSESSION: Landlord shall deliver possession to Tenant of said
premises at time of commencement of this Lease being Decem&--- 1, 1993.
3. Paragraph 5., Titled ."RENTAL", Subtitled, (a) "GUARANTEED MINIMUM
MONTHLY RENTAL" of the aforesaid Lease is hereby modified and the following
shall prevail:
RENTAL
(a) GUARANTEED MINIMUM MONTHLY RENTAL:
Tenant shall pay to Landlord during the term of this Lease,
beginning on or before March 1, 1994 and including each month thereafter through
November 30, 1998 the sum of FOURTEEN THOUSAND SEVENTY ONE DOLLARS AND 87/100
($14,071.87)per month a minimum monthly rental for the demised premises.
Landlord hereby acknowledges receipt from Tenant the sum Of FORTY TWO THOUSAND
TWO HUNDRED FIFTEEN DOLLARS AND 611100 ($42,215.61) representing
15
FIRST AMENDMENT TO LEASE
January 5, 1994
Page Two
the first three (3) months rent payable in advance, beginning December, 1993 and
continuing through. February, 1994. Beginning March 1, 1994 and continuing
through the expiration of this Lease ending November 30,1998 the following sum:
FOURTEEN THOUSAND SEVENTY ONE DOLLARS AND 87/100 ($14,071.87) per month, which
sum shall be paid in advance on the first day of each calendar month.
4. Paragraph 36., Titled "'OPTION TO RENEW LEASE AFTER EXPIRATION OF
CURRENT LEASE," of the aforesaid Lease is hereby modified and the following
shall prevail:
OPTION TO RENEW LEASE AFTER EXPIRATION OF CURRENT LEASE:
If Tenant is not then in default under any of the terms and
provisions of this Lease, Tenant shall have the option to extend the term of
this Lease for an additional term of five (5) years, from and after the
expiration of the initial term of their Lease, upon giving of written notice of
the exercise of such option to Landlord before May 31, 1998 delivered in person,
or by Registered Certified Mail.
Said option shall be on the same terms and conditions as the basic
terms of the original Lease with exception that the -monthly rental rate shall
be adjusted to the current monthly rental rate at that time of exercise of
option.
5. Paragraph 37., Titled "OPTION TO LEASE ADDITIONAL SPACE" of the
aforesaid Lease is hereby modified and the following shall prevail:
OPTION TO LEASE ADDITIONAL SPACE:
If Tenant is not in default under any of the terms and provisions of
this Lease, Tenant shall have the 1st option to Lease all additional space in
the same building (known as the space .currently occupied by Chickasha Cotton
Oil and All State Insurance) as those current Leases expire 7/96 and 9/95
respectively. Said option shall be on the same terms and conditions as the basic
terms of this Lease with exception the monthly rental rate shall be adjusted to
the current monthly rental rate at that time of exercise option. This option to
Lease the additional space shall be exercised by given written notice of the
exercise of such option to Landlord six (6) months prior to the expiration of
existing Leases, delivered in person or by Registered Certified Mail.
16
FIRST AMENDMENT TO LEASE
January 5, 1994
Page Three
The Lease and this First Amendment, except as herein modified, are
confirmed and ratified in all respects and they shall remain in full force and
effect between the parties hereto, their successors and assignors.
LANDLORD: ▇▇▇▇▇▇▇▇ CORPORATE CENTER PHASE II,, G. P.,
an Arizona General Partnership.
BY: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇
----------------------------
▇▇▇▇▇ ▇. ▇▇▇▇▇
ITS: Managing General Partner
DATE: 1/5/95
--------------------------
TENANT: AMKOR ELECTRONICS, INC.
BY: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇
----------------------------
▇▇▇▇ ▇. ▇▇▇▇▇▇
ITS: President
DATE: 1/4/95
--------------------------
17
SECOND AMENDMENT
This shall serve as the SECOND AMENDMENT, dated February 24, 1994, to
that original Lease dated September 6, 1993, by and between ▇▇▇▇▇▇▇▇ CORPORATE
CENTER PHASE II, G.P., an Arizona General Partnership, ("Landlord"), and AMKOR
ELECTRONICS, INC., ("Tenant") as Tenant located at the certain premises known as
▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Suite 100 and 225 (the "Leased
Premises") , however, the language contained herein shall prevail if in conflict
with any previous language.
Whereas Landlord and Tenant entered into that certain original Lease
dated September 6, 1993, for the rental of approximately 13,509 rentable square
feet of office space (known as Suite 100 located on the first floor of the
building containing approximately 11,200 square feet and Suite 225, located on
the second floor of the building, containing approximately 2,309. square feet)
for a period of five (5) years commencing on the 1st day of January, 1994 and
terminating on the 31st- day of December, 1998. There was a First Amendment to
the Lease dated January 5, 1994 which amended the term to begin on the 1st day
of December, 1993 and ending on the 30th day of November, 1998.
Now, therefore, in consideration of these recitals and the conditions
and covenants hereinafter contained, the Landlord and Tenant agree as follows:
1. Paragraph 5., Titled "RENTAL", Subtitled, (a) "GUARANTEED MINIMUM
MONTHLY RENTAL" of the aforesaid Lease is hereby modified and-the following
shall prevail:
RENTAL
(a) GUARANTEED MINIMUM MONTHLY RENTAL:
In exchange for Tenant improvements completed and paid for by
Tenant, Landlord agrees to give credit to Tenant by reducing the guaranteed
minimum monthly rental as follows upon Tenant providing Landlord lien waivers
for all work completed:
Now then, Tenant shall pay to Landlord during the term of this
Lease, beginning on or before March 1, 1994 and including each Month thereafter
through November 30, 1998 the sun of THIRTEEN THOUSAND FIVE HUNDRED FORTY FIVE
DOLLARS AND 56/100 ($13,545.56) per month as minimum monthly rental for the
demised premises which sum shall be paid in advance on the 1st day of each
calendar month.
18
SECOND AMENDMENT TO LEASE
February 24, 1994
Page Two
The original Lease the First Amendment, and this Second Amendment except as
herein modified, are confirmed and ratified in all respects and they shall
remain in full Force and effect between the parties hereto, their successors and
assignors.
LANDLORD: CHANDLER CORPORATE CENTER PHASE II,, G. P.,
an Arizona General Partnership.
BY: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇
----------------------------
▇▇▇▇▇ ▇. ▇▇▇▇▇
ITS: Managing General Partner
DATE: 2/21/94
--------------------------
TENANT: AMKOR ELECTRONICS, INC.
BY: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇
----------------------------
▇▇▇▇ ▇. ▇▇▇▇▇▇
ITS: President
DATE: 2/24/94
--------------------------