exv10w30






Exhibit 10.30




FOURTH AMENDMENT OF LEASE



     THIS AGREEMENT, made as of the 15th day of March, 1996, between 401 PARK AVENUE
SOUTH ASSOCIATES, a New York Partnership having an office at 30 West 26th street, Eighth
Floor, New York, New York (“Landlord”), and HEALTH MANAGEMENT SYSTEMS, INC., A New York Corporation
having an office at 401 Park Avenue South, New York, New York 10016 (“Tenant”).



W I T N E S S E T H :





     WHEREAS, Landlord and Tenant entered into an Agreement of Lease made as of September 24, 1981,
as amended and modified by an Amendment of Lease dated October 9th 1981, an Amendment of
Lease dated September 24, 1982, a Second Amendment of lease dated January 6, 1986 and a Third
Amendment of Lease dated February 28, 1990, covering certain premises on the Fourth floor in the
building known as 401 PARK AVENUE SOUTH in the City, County and State of New York (said agreement
of Lease, being hereinafter called the “Lease”); and



     WHEREAS, the parties hereto desire to amend the Lease in the respects and upon the terms and
conditions hereinafter set forth and;



     WHEREAS, Tenant is in process of leasing space on the third and fourth floors at 387 Park
Avenue South (“387 Premises”) and



     WHEREAS, Tenant has requested Landlord to permit Tenant to construct an opening (“Opening”)
connecting the fourth floor of the Demised Premises to the 4th Floor of the 387
Premises.



     NOW, THEREFORE, in the consideration of the sum of One Dollar ($1.00) paid by each of the
parties hereto to the other (the receipt and sufficiency of which is hereby acknowledged) and of
other good and valuable consideration, including the covenants and understandings herein contained,
it is hereby agreed as follows:




	 	1.	 	Landlord consents to the construction of the Opening by
Tenant, and the Tenant agrees that all costs related to construction of the
Opening shall be borne by Tenant.
	 
	 	2.	 	Landlord agrees that at such time as Tenant adds the
Third Floor of the Building to the Demised Premises, Tenant may construct
an opening (“Opening”) connecting the third floor of the Demised Premises
to the 3rd Floor of the 387 Premises, in accordance with Plans,
to be approved by Landlord.
	 
	 	3.	 	Tenant understands that plans (“Plans”) for
construction of the Opening(s) must be prepared by architects and engineers
approved by Landlord.
	 
	 	4.	 	Tenant agrees to file Plans with the New York City
Buildings Department for construction of the Opening(s), and to obtain all
necessary permits required for such construction.




 









 






	 	5.	 	Upon the expiration of the Lease, Tenant at its sole
cost and expense shall restore the Demised Premises by sealing the
Opening(s) in conformity with Plans and specifications approved by Landlord
and repairing any damage to the Demised Premises caused thereby.
	 
	 	6.	 	Tenant agrees to and hereby does indemnify, defend and
hold harmless, Landlord and its principles, the Superior Lessor and the
Superior Mortgagee from and against any and all liabilities claims, costs
and expenses whatsoever (including, without limitation, attorneys’ fees and
disbursements) arising out of or otherwise in connection with (i) Tenant’s
constructions, use and subsequent restoration of the Opening(s) and (ii)
Tenant’s use and occupancy of the Demised Premises and the 387 Premises as
contiguous spaces.
	 
	 	7.	 	Upon the expiration or sooner termination of the 387
Lease for any reason, including as a result of a casualty or condemnation
of all or any part of the 387 Premises, if one or both of the Opening(s)
have been constructed, Landlord may terminate the right to have the
Opening(s) and Tenant shall seal the Opening(s) in the manner set forth in
Article 4 of the Agreement.
	 
	 	8.	 	Nothing contained herein shall be deemed to grant to
Tenant or any other occupant of the Demised Premises or the 387 Premises as
easement or other real property interest in, on or over an Opening(s)
constructed pursuant to the provisions of the Agreement. The rights granted
to the Tenant pursuant to this Agreement constitute a mere license to
construct the Opening(s) in accordance with the terms hereof and to use the
same as a means of ingress and egress to and from the 387 Premises from and
to the Demised Premises. Landlord agrees that, for so long as the
construction and use of the Opening(s) are not contrary to applicable law,
Landlord shall not revoke the license granted to Tenant hereby.
	 
	 	9.	 	Throughout the term of the Lease, Landlord agrees, as a
courtesy to Tenant, to send to Tenant’s Landlord at 387 Park Avenue South
copies of any default notices sent to Tenant by Landlord.
	 
	 	10.	 	All other terms and conditions of this Lease are hereby
confirmed and shall remain in full force and effect






IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and
year first above written.




	 	 	 	 	 	 	 

	 	 	401 PARK AVENUE SOUTH ASSOCIATES	 	 
	 
	 	 	 	 	 	 
	 

	 	BY:
	 	/s/ Stephen J. Meringoff
 

	 	 
	 
	 	 	 	 	 	 
	 	 	HEALTH MANAGEMENT SYSTEMS, INC.	 	 
	 
	 	 	 	 	 	 
	 

	 	BY:
	 	/s/ Vincent Hartley