**Exhibit 10.60**

 

**FIRST AMENDMENT TO LEASE AGREEMENT**

**CHANGE OF COMMENCEMENT DATE**

 

This First Amendment to Lease Agreement (the“Amendment”) is made and entered into December 10, 1997, by and between WHLNFReal Estate Limited Partnership, a Delaware limited partnership (“Landlord”),and InVision Technologies, Inc., a Delaware corporation (“Tenant”), withreference to the following facts:

 

**RECITALS**

 

A.  Landlord and Tenant have entered into thatcertain Lease Agreement dated February 11, 1997 (the “Lease”), for the leasingof certain premises containing approximately 95,245 rentable square feet ofspace located at 7151 Gateway Boulevard, Newark, California (the “Premises”) assuch Premises are more fully described in the Lease.

 

B.   Landlord and Tenant wish to amend theCommencement Date of the Lease.

 

**NOW,THEREFORE**, in consideration of the foregoing and for othergood and valuable consideration, the receipt and adequacy of which are herebyacknowledged, Landlord and Tenant hereby agree as follows:

 

1.   Recitals:  Landlord and Tenant agree that the above recitals are true andcorrect.

 

2.   Commencement:  The Commencement Date of the Lease shall beAugust 15, 1997.

 

3.   Expiration:  The last day of the Term of the Lease (the “Expiration Date”)shall be August 14, 2007.

 

4.   The dates on which the Base Rent will beadjusted are:

 
| August 15, 1997   |   | $ | 0.00       |   | (Months 1-2)     |
|-------------------|--------|---|------------|--------|------------------|
| October 15, 1997  |   | $ | 50,151.00  |   | (Months 3-4)     |
| December 15, 1997 |   | $ | 71,433.75  |   | (Months 5-12)    |
| August 15, 1998   |   | $ | 80,958.25  |   | (Months 13-24)   |
| August 15, 1999   |   | $ | 83,815.60  |   | (Months 25-36)   |
| August 15, 2000   |   | $ | 87,625.40  |   | (Months 37-48)   |
| August 15, 2001   |   | $ | 91,435.20  |   | (Months 49-60)   |
| August 15, 2002   |   | $ | 95,245.00  |   | (Months 61-72)   |
| August 15, 2003   |   | $ | 99,054.80  |   | (Months 73-84)   |
| August 15, 2004   |   | $ | 102,864.60 |   | (Months 85-96)   |
| August 15, 2005   |   | $ | 106,674.40 |   | (Months 97-108)  |
| August 15, 2006   |   | $ | 110,484.20 |   | (Months 109-120) |

 

5.   Effect of Amendment:  Except as modified herein, the terms andconditions of the Lease shall remain unmodified and continue in full force andeffect. In the event of any conflict between the terms and conditions of theLease and this Amendment, the terms and conditions of this Amendment shallprevail.

 

6.   Definitions:  Unless otherwise defined in this Amendment, all terms not definedin this Amendment shall have the meaning set forth in the Lease.

 

7.   Authority:  Subject to the provisions of the Lease, this Amendment shall bebinding upon and inure to the benefit of the parties hereto, their respectiveheirs, legal representatives, successors and assigns. Each party hereto and thepersons signing below warrant that the person signing below on such party’sbehalf is authorized to do so and to bind such party to the terms of thisAmendment.

 

8.   The terms and provisions of the Lease arehereby incorporated in this Amendment.

 

**IN WITNESSWHEREOF**, the parties have executed this Amendment as of the date and yearfirst above written.

 

TENANT:

 
| InVision Technologies,  Inc.,  a Delaware corporation |
|-------------------------------------------------------|
|                                                  |
| By:                                                   | /s/ Curt DiSibio |   |
|                                                  |
| Its:                                                  | C.F.O. |   |
|                                                  |
| Date:                                                 | 12/15/97 |   |
|                                                  |
| LANDLORD:                                             |
|                                                  |
| WHLNF Real Estate Limited  Partnership,               |
| a Delaware limited  partnership                       |
|                                                  |
| By:                                                   | Lincoln Property Company  Management Services, Inc.,  as manager and agent for Landlord |
|                                                  |
|                                                  | By: | /s/ [ILLEGIBLE] |   |
|                                                  |   | Senior Vice President |   |
|                                                  |
|                                                  | Date: |   |   |
|                                                       |  |  |  |  |  |

 

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