exv10w2



 






EXHIBIT 10.2




AMENDMENT TO COMMERCIAL LEASE, JANUARY 20, 2005




Hawthorne North

435 Newbury Street

Suites 206, 208, 210, 212 & 214

Danvers, MA 01923




     This Commercial Lease between Hawthorne North Realty Trust and Medwave, Inc. dated April
11, 2004 commencing on May 1, 2004 and ending on April 30, 2007 is hereby amended to read as
follows:



2. PREMISES




     Suites 206, 208, 210, 212 & 214 containing approximately 4,620 gross square feet of
space, located at “Hawthorne North” having the address of 435 Newbury Street, Danvers, MA 01923,
together with the right to use in common, with others entitled thereto, the hallways, stairways,
and elevators, necessary for access to said leased premises, and lavatories nearest thereto.
Normal business hours are 8:00 a.m. to 5:00 p.m. Monday thru Friday.



4. RENT




     The LESSEE shall pay to the LESSOR fixed rent according to the following schedule,
payable in advance in monthly installments, subject to proration in the case of any partial
calendar month. The obligation to pay rent and other charges to the landlord is independent of any
obligations the landlord has under this lease. All rent shall be payable on the first day of each
and every month, without offset or deduction. All rent shall be made payable to Hawthorne North
Realty Trust as follows:



	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Rate	 	Monthly	 	Annually
	Year 1:

	 	Feb. 1, 2004 to April 30, 2005
	 	$	15.79	 	 	$	6079.00	 	 	$	72,950.00	 
	Year 2:

	 	May 1, 2005 to April 30, 2006
	 	$	16.26	 	 	$	6260.00	 	 	$	75,120.00	 
	Year 3:

	 	May 1, 2006 to April 30, 2007
	 	$	16.75	 	 	$	6449.00	 	 	$	77,385.00	 






17. UTILITIES




     The LESSEE shall pay, as they become due all bills for electricity, water and other
utilities (whether they are used for furnishing heat or other purposes) that are furnished to the
leased premises and presently separately metered, and all bills for fuel furnished to a separate
meter servicing the leased premises exclusively. The LESSOR agrees to provide all other utility
service and to furnish reasonably hot and cold water and reasonable heat and air conditioning
(except to the extent that the same are furnished through separately metered utilities or separate
fuel tanks as set forth above) to the leased premises, hallways, stairways, elevators, and
lavatories during normal business hours on regular business days of the heating and air
conditioning seasons of each year, to furnish elevator service and to light passageways and
stairways during business hours, and to furnish such cleaning service as is customary in similar
buildings in said city or town, all subject to interruption due to any accident, to the making of
repairs, alterations, or improvements, to labor difficulties, to trouble in obtaining fuel,
electricity, service or supplies from the sources from which that they are usually obtained for
said building, or to any cause beyond the LESSOR’S control. LESSEE to pay for service maintenance
of HVAC twice per year, $150.00 annually per
unit for a total of $750.00 per year (5 Units). A late charge of 5% on will be imposed after
10 days from date of billing.



     LESSOR shall have no obligation to provide utilities or equipment other than the utilities and
equipment within the premises as of the commencement date of this lease. In the event LESSEE



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requires additional utilities or equipment, the installation and maintenance thereof shall be the
LESSEE’S sole obligation, provided that such installation shall be subject to the written consent
of the LESSOR.




     LESSOR provides waste receptacles located at the rear of the building, for waste generated
from within the leased premise. At no time shall the LESSEE or their occupants use these
receptacles for waste generated outside their leased premises.



     All other terms and condition will remain the same.



     IN WITNESS WHEREOF, the said parties hereunto set their hands and seals this 31st day of
January, 2005.



	 	 	 
	Date: January 26, 2005

	 	/s/ Timothy O’Malley
	

	 	 
	

	 	LESSEE
	

	 	Medwave, Inc.
	

	 	Timothy O’Malley, President
	

	 	Address:
	 
	 	 
	Date: January 31, 2005

	 	/s/ Elio DiBiase
	

	 	 
	

	 	LESSOR
	

	 	Hawthorne North Realty Trust

Elio DiBiase, Trustee






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