**Exhibit 10(p)**

 

 

NYWDB0101

 

THIS THIRD AMENDMENT TO LEASE dated as of August 30, 2005, made by and between LAKE PARK 1000 WOODBURY LLC and CLK-HP 1000 WOODBURY LLC, having an office at 7600 Jericho Turnpike Woodbury, New York 11797, as Landlord, and ING, NORTH AMERICA INSURANCE CORPORATION, successor in interest to RELIASTAR LIFE INSURANCE COMPANY OF NEW YORK successor in interest to RELIASTAR BANKERS SECURITY LIFE INSURANCE COMPANY a/k/a THE NORTH ATLANTIC LIFE INSURANCE COMPANY OF AMERICA, having an office at 151 Farmington Avenue, Hartford, Connecticut 06156, as Tenant.

 

WITNESSETH

 

**WHEREAS,**Landlord is the owner of the real property and building located thereon commonly known as and located at 1000 Woodbury, New York 11797 (the “Building”); 

 

**WHEREAS**, pursuant to that certain Agreement of Lease dated as of August 11, 1995, as amended on May 31, 2001 and August 26, 2002 (as amended, hereinafter referred to as the “Lease;” all capitalized terms used but not defined herein shall have the meanings ascribed to them in the Lease, respectively), Landlord’s predecessor-in-interest leased to Tenant a portion of the Second (2nd) floor in the Building which shall be deemed to consist of Four Thousand, Nine Hundred and Forty-Three (4,943) rentable square feet and which premises are more particularly described in the Lease (hereinafter referred to as the “Original Premises”) for term which expires on October 31, 2007 (the “Original Expiration Date”);

 

**WHEREAS,**Tenant no longer requires the entire Original Premises within which to operate its business and desires to surrender and vacate a portion of the Original Premises consisting of One Thousand, Nine Hundred and Ninety-Six (1,996) rentable square feet (the “Surrendered Premises”) and remain in Two Thousand, Nine Hundred and Forty-Seven (2,947) rentable square feet (the “Demised Premises”);

 

**WHEREAS,**Landlord must construct a demising wall as set forth on Exhibit “B” (the “Demising Work”) in order to effect the reduction of the Original Premises;

 

| **WHEREAS,**Landlord and Tenant desire to modify the Lease, as hereinafter provided; |
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**NOW, THEREFORE,**in consideration of the mutual agreements of the parties hereinafter contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed as follows:

 

ARTICLE-1  SURRENDER AND RELEASE OF THE SURRENDERED PREMISES

 

SECTION 1.01.A.   Commencing on the date upon which Landlord substantially completes the Demising Work (the “Surrender Date”), Tenant agrees to and does hereby surrender all of its right, title and interest in and to the Lease solely with respect to the Surrendered Premises, together with the leasehold estate thereof, and all rights, title and interest of Tenant in and to the Surrendered Premises created thereby.  Commencing on the Surrendered Date, Landlord hereby agrees to and does hereby release Tenant from each and every covenant, duty, debt and obligation on Tenant’s part to be performed, pursuant to the Lease solely with respect to the Surrendered Premises, that may accrue and become performable, due or owing from and after the Surrender Date, except for those matters specifically provided for herein and which pursuant to the Lease expressly survive itsexpiration or sooner termination.  

 

 

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