Lease Amendment No. 3 to Lease Agreement



 Exhibit 10.10 
 LEASE AMENDMENT #3 
 WINDSOR PERMIAN LLC 

FASKEN MIDLAND, LLC., (hereinafter called “Lessor”) and WINDSOR PERMIAN, LLC, (hereinafter called “Lessee”), for good
and valuable consideration the receipt of which is hereby acknowledged, do hereby amend that certain Lease Agreement dated April 19, 2011 and Lease Amendment #1 dated June 6, 2011 and Amendment #2 dated August 5, 2011 covering
approximately 5,070 square feet of Net Rentable Area located on Levels Twelve (12) and Basement of One Fasken Center at 500 West Texas Avenue, Midland, Texas 79701, also known as Suite 1210, under the following terms and conditions: 

 

	 	1.	LEASED PREMISES. Effective December 1, 2011, the provisions of paragraph 1.5 are hereby deleted and the following substituted in lieu thereof:


 Approximately 7,067 square feet of Net Rentable Area located on Levels Twelve (12) and Basement in the
Building as more fully diagrammed on the floor plans of such premises attached hereto and made a part hereof as “Exhibit B—l” and “Exhibit B—2”, on the floors indicated thereon, together with a common area percentage
factor determined by Lessor (the “Leased Premises”). Said Leased Premises is comprised of approximately 1,586 square feet of Net Rentable Area in the Original Leased Premises together with approximately 1,995 square feet of Net Rentable
Area (the “Basement Expansion Space”), approximately 1,489 square feet of Net Rentable Area (the “Suite 1220 Expansion Space”) and approximately 1,997 square feet of Net Rentable Area (the “Suite 1225 Expansion
Space”). Said demised space represents approximately 1.676% of the Total Net Rentable Area, such Total Net Rentable Area of the Building being approximately 421,546 square feet. 

 

	 	2.	TERM. The Lease term for the Suite 1225 Expansion Space added by this amendment shall be for four (4) years and six (6) months, commencing
December 1, 2011 and terminating May 31, 2016. 

  

	 	3.	RENT. Effective December 1, 2011, the Base Rent table set forth on Exhibit C of the Lease, Section 2 (Rent) of Amendment #1 and Exhibit C—1
of Amendment #2 are hereby deleted and the attached Exhibit C—2 shall be substituted in lieu thereof. 

  

	 	4.	PARKING. Effective December 1, 2011, the provisions of paragraph 1.14 are hereby deleted and the following substituted in lieu thereof:


 Lessor agrees to provide up to five (5) additional parking spaces in the attached parking garage, at the
following rates per space per month plus applicable sales tax at Lessee’s election herein: 

            @ $95.00 per space per month for Officer Reserved
(Basement & Level One) – space may be limited, if available 







             @ $75.00 per
space per month for Preferred Reserved (Level Two and above) – space may be limited, if available 

            @ $55.00 per space per month for General
Unreserved     
 The parking spaces set forth in this section shall be for Lessee and/or Lessee’s
employees and Lessor shall have the right to assign parking space as conditions permit. However, Lessor shall not be required to police the use of these spaces. Lessor may make, modify and enforce rules and regulations relating to the parking of
automobiles in the parking area(s), and Lessee shall abide thereby. Lessor shall not be liable to Lessee or Lessee’s agents, servants, employees, customers, or invitees for damage to person or property caused by any act of omission or neglect
of Lessee, and Lessee agrees to hold Lessor harmless from all claims for any such damage. 
  

	 	5.	SUBJECT TO VACATING. Lessor’s duty to tender possession of the Suite 1225 Expansion Space added to the Leased Premises hereunder is subject to
the current tenant vacating the Suite 1225 Expansion Space. Provided, however, that if the current tenant does not vacate the Suite 1225 Expansion Space within six (6) months from the proposed effective date hereof, Lessee shall have the right
to terminate its obligation to lease the Suite 1225 Expansion Space by delivery of written notification to Lessor. 

  

	 	6.	FINISH OUT. Lessee accepts the Leased Premises in “as is” condition and no other finish out shall be required of Lessor. Any alterations to the
Leased Premises shall be at Lessee’s sole expense and responsibility. 

  

	 	7.	RATIFICATION. Lessor and Lessee do hereby ratify and affirm all of the terms, conditions and covenants of the Lease Agreement, as amended herein.


 Witness the execution hereby this the 28th day of September, 2011 but to be effective December 1, 2011.


  
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	LESSOR	 		 	LESSEE
			
	FASKEN MIDLAND, LLC	 		 	WINDSOR PERMIAN, LLC
					
	By:	 	JB Fund 1, LLC, Manager	 		 	By:	 	/s/ Travis D. Stice
	By:	 	Its Managers	 		 	Name:	 	Travis D. Stice
		 	    North Waterfront Corporation	 		 	Title:	 	President & COO
					
	By:	 	/s/ Thomas E. Cooper	 		 		 	
		 	Thomas E. Cooper	 		 		 	
		 	Vice President	 		 		 	
				
	JB Financials, Inc.	 		 		 	
					
	By:	 	/s/ Thomas E. Cooper	 		 		 	
		 	Thomas E. Cooper	 		 		 	
		 	Vice President	 		 		 	


  
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 LEASE AMENDMENT #2 

WINDSOR PERMIAN LLC 
 EXHIBIT C – 2 
  

																																																	
	 Sq. Ft.
	  	Original
Leased
Premises -
Suite 1210 -
1,586 Sq. Ft.	 	  	Suite 1220
Expansion
Space - 1,489
Sq. Ft.	 	  	Suite 1225
Expansion
Space -
1,997 Sq. Ft.	 	  	 	 
	 Months
	  	Annual Rate
Per SF for
Original
Leased
Premises	 	  	Annual
Rent
for
Original
Leased
Premises	 	  	Monthly Rent
for Original
Leased
Premises	 	  	Annual
Rate Per SF
for
Suite 1220
Expansion
Space	 	  	Annual
Rent
for
Suite 1220
Expansion
Space	 	  	Monthly
Rent for
Suite
1220
Expansion
Space	 	  	Annual
Rate Per SF
for
Suite 1225
Expansion
Space	 	  	Annual
Rent
for
Suite 1225
Expansion
Space	 	  	Monthly
Rent for
Suite
1225
Expansion
Space	 	  	Total
Annual
Rent for
Suite 1210,
1220 and
1225	 	  	Total
Monthly
Rent for
Suite
1210,
1220 and
1225	 	  	Additional
Monthly
Rent for
Basement
Expansion
Space	 
	 8/1/11 until Termination of Amendment #2 for Basement Expansion Space
	   
	  	$	2,826.25	  
	 08/01/11—10/31/11
	  	$	16.00	  	  	$	25,376.00	  	  	$	2,114.67	  	  				  				  				  				  				  				  	$	25,376.00	  	  	$	2,114.67	  	  			
	 11/1/11—11/30/11
	  	$	16.00	  	  	$	25,376.00	  	  	$	2,114.67	  	  	$	16.00	  	  	$	23,824.00	  	  	$	1,985.33	  	  				  				  				  	$	49,200.00	  	  	$	4,100.00	  	  			
	 12/1/11—5/31/12
	  	$	16.00	  	  	$	25,376.00	  	  	$	2,114.67	  	  	$	16.00	  	  	$	23,824.00	  	  	$	1,985.33	  	  	$	18.00	  	  	$	35,946.00	  	  	$	2,995.50	  	  	$	85,146.00	  	  	$	7,095.50	  	  			
	 6/1/12—5/31/13
	  	$	16.75	  	  	$	26,565.50	  	  	$	2,213.79	  	  	$	16.75	  	  	$	24,940.75	  	  	$	2,078.40	  	  	$	18.50	  	  	$	36,944.50	  	  	$	3,078.71	  	  	$	88,450.75	  	  	$	7,370.90	  	  			
	 6/1/13—5/31/14
	  	$	17.50	  	  	$	27,755.00	  	  	$	2,312.92	  	  	$	17.50	  	  	$	26,057.50	  	  	$	2,171.46	  	  	$	19.00	  	  	$	37,943.00	  	  	$	3,161.92	  	  	$	91,755.50	  	  	$	7,646.29	  	  			
	 06/10/14—05/31/15
	  	$	18.25	  	  	$	28,944.50	  	  	$	2,412.04	  	  	$	18.25	  	  	$	27,174.25	  	  	$	2,264.52	  	  	$	20.00	  	  	$	39,940.00	  	  	$	3,328.33	  	  	$	96,058.75	  	  	$	8,004.90	  	  			
	 06/01/15—05/31/16
	  	$	19.00	  	  	$	30,134.00	  	  	$	2,511.27	  	  	$	19.00	  	  	$	28,291.00	  	  	$	2,357.58	  	  	$	21.00	  	  	$	41,937.00	  	  	$	3,494.75	  	  	$	100,362.00	  	  	$	8,363.50