Exhibit
10.21


 


FIRST AMENDMENT TO LEASE


 


This FIRST AMENDMENT TO LEASE dated December 31,
2009 (this “Amendment”), is by and between THERIAC ENTERPRISES OF GREENBRIER
WEST VIRGINIA, LLC, a Florida limited liability company (“Landlord”), and WEST
VIRGINIA RADIATION THERAPY SERVICES, INC., a West Virginia corporation (“Tenant”).


 


WITNESSETH:


 


WHEREAS, Landlord and Tenant are parties to that
certain Lease dated November 28, 2008 (the “Lease”), for certain real
property commonly known as 187 Skylark Drive, Fairlea, West Virginia 24902, as
more particularly described on Exhibit A, attached hereto and made
a part hereof; and


 


WHEREAS, Landlord and Tenant desire to amend certain
provisions of the Lease upon and subject to the terms and conditions set forth
herein.


 


NOW, THEREFORE, for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, Landlord and
Tenant hereby agree as follows:


 


1.                                       Insurance. The first
clause of the last sentence of Section 5.1.3 of the Lease is hereby deleted
in its entirety and replaced with the following:


 


All policy proceeds will be used to equip and
furnish the Premises as Tenant reasonably deems necessary to operate the
business from the Premises;


 


2.                                       Tenant’s
Leasehold Improvements and Trade Fixtures; Landlord’s Lien Waiver. Section 10.3.1
of the Lease is hereby amended by:


 


(a)                                  in the fourth
and fifth lines of such section, deleting the phrase “provided Tenant shall not
at such time be in default of any terms or covenants of this Lease, and”;


 


(b)                                 in the fifth
line of such section, deleting the word “further”;


 


(c)                                  in the
seventeenth line of such section, deleting the word “subordinate” and replacing
it with “waive”;


 


(d)                                 in the
twenty-first line of such section, deleting the words “with Lender”; and


 


(e)                                  in the
twenty-first through twenty-third lines of such section, deleting the
following: “, for so long as any lender or financier holds any lien,
encumbrance of security interest in and to Tenant’s trade fixtures, equipment,
furniture, inventory and apparatus,”.


 


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3.                                       Damage and
Destruction. Section 15.1.2 of the Lease is hereby deleted
in its entirety and replaced with the following:


 


Tenant covenants and agrees to (i) equip and
furnish the Premises as Tenant reasonably deems necessary to operate the
business from the Premises and (ii) reopen for business in the Premises
within thirty (30) days after notice from Landlord that the Premises are ready
for re-occupancy.


 


4.                                       Right to First
Refusal. Section 23.9 of the Lease is hereby deleted in its entirety.


 


5.                                       Defined Terms. Capitalized
terms used herein but not defined herein shall have the meanings ascribed to
them in the Lease.


 


6.                                       Governing Law. This
Amendment and the Lease shall be governed by and construed in accordance with
the laws of the State of West Virginia.


 


7.                                       Amendment. Neither this
Amendment nor any terms hereof may be amended, supplemented or modified except
by a written instrument executed by the parties hereto. This Amendment shall be
binding upon and shall inure to the benefit of the parties hereto and their
respective successors and assigns.


 


8.                                       Full Force and
Effect. The Lease shall continue in full force and effect except as modified
by this Amendment, and the Lease is hereby ratified and confirmed by Landlord
and Tenant. In the event of a conflict between the terms and conditions of the
Lease and this Amendment, the terms of this Amendment shall prevail.


 


9.                                       Counterparts. This
Amendment may be executed in counterparts, each of which shall be an original,
but all of which shall constitute one and the same Amendment.


 


[Remainder of page intentionally left blank;

signatures on following page.]


 


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IN WITNESS WHEREOF, Landlord and Tenant have caused
this Amendment to be duly executed as of the day, month and year first above
written.


 


 


	
   

  	
  LANDLORD:

  
	
   

  	
   

  
	
   

  	
  THERIAC ENTERPRISES OF GREENBRIER WEST VIRGINIA, LLC, a Florida
  limited liability company

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  [ILLEGIBLE]

  
	
   

  	
  Name:

  	
  [ILLEGIBLE]

  
	
   

  	
  Its:

  	
  [ILLEGIBLE]

  
	
   

  	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  TENANT:

  
	
   

  	
   

  
	
   

  	
  WEST VIRGINIA RADIATION THERAPY SERVICES, INC., a West Virginia
  corporation

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  [ILLEGIBLE]

  
	
   

  	
  Name:

  	
  [ILLEGIBLE]

  
	
   

  	
  Its:

  	
  [ILLEGIBLE]

  



 


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EXHIBIT A


 


“Beginning
at a 1” iron pipe set in the southeastern right-of-way of Graystone Lane;
thence with Graystone Lane N 34o 45” 17”  E  200.04 feet to a 1” iron pipe set; thence
leaving Graystone Lane and through the property of Gray Rock, Incorporated,
S 55o 14’ 43” E 163.31 feet to a 1” iron pipe set;
thence continuing through Gray Rock, Incorporated, in part, and with
National Health Care, in part, S 34o 45’ 17” W 200.04 feet (passing a 3/4” iron
pipe found, being the northwest corner of National Health Care, at 73.55 feet)
to a 1” iron pipe set; thence leaving National Health Care and through Gray
Rock, Incorporated, N 55o 14’ 43” W 163.31 feet to the place of
beginning, containing 0.75 acre, more or less”, together with the right to use
jointly with others an easement for ingress and egress between this real estate
and Davis-Stuart Road,  S.L.S.,
Route No. 37, over a private street designated as Graystone Lane which has
been formerly referred to as 30’ R/W on a plat titled “Plat Showing the
Property of Greyrock, Inc.” of record in the Office of the Clerk of the
County Commission of Greenbrier County, West Virginia, in Record of Maps Book
No. 4, Plat A-39.


 


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