BURTON HILLS III


FIFTH AMENDMENT TO LEASE AGREEMENT


 


This Fifth Amendment to Lease Agreement is, entered
into as of the 9th day of November 2012, by Burton Hills III Investments, a
Tennessee general partnership and successor by sale to Burton Hills III Partners
LLP (hereinafter cal1ed "Landlord") and AmSurg Corporation, Inc., a
Tennessee corporation (hereinafter called "Tenant").


 


WITNESSETH:


 


Whereas, the parties hereto did, on the
24th day of February 1999, enter into a Lease Agreement whereby Landlord leased
to Tenant a certain portion of space in Burton Hills III Office Building in
Nashville, Tennessee (hereinafter called the "Original Lease").


Whereas, the parties hereto did, on the 27th day of June
2001, enter into a First Amendment to Lease Agreement whereby Landlord leased
to Tenant an additional portion of space in Burton Hills III Office Building in
Nashville, Tennessee (the "First Amendment").


Whereas, the parties hereto did, on the 31st day of January
2003, enter into a Second Amendment to Lease Agreement whereby Landlord leased
to Tenant an additional portion of space in Burton Hills III Office Building in
Nashville, Tennessee (the "Second Amendment"; the Original Lease, the
First Amendment and the Second Amendment being hereinafter collectively referred
to as the "Lease").


Whereas, the parties hereto did, on the 1st day of September
2003, enter into a Third Amendment to Lease Agreement whereby Landlord leased
to Tenant an additional portion of space in Burton Hills III Office Building in
Nashville, Tennessee (the "Third Amendment").


Whereas, the parties hereto did, on the 31st day of October
2003, enter into a Fourth Amendment to the Lease Agreement whereby Landlord
leased to Tenant an additional portion of space in Burton Hills III Office
Building in Nashville, Tennessee and increase the Term of the Lease from ten
(10) years to fifteen (15) years (the "Fourth Amendment; Original Lease,
the First Amendment, Second Amendment, the Third Amendment and the Fourth
Amendment being hereinafter collectively referred to as the "Lease").


Whereas, it is the desire of Landlord and Tenant to again
amend the Lease in order to extend the Lease term for a period of Four (4)
months.


Now, therefore, for and in consideration of the promises and
covenants contained herein, the monetary considerations referred to and other
good and sufficient consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties do hereby agree as follows:


1.           Lease Extension:  Landlord and Tenant agree to extend
the Lease for a period of four (4) months (the Extension Period) beyond the
current termination date of June 30th 2014.  The new termination date of the
Lease shall be October 31, 2014.


2.          Revised Base Rent Payments: Effective July 1, 2014
Section 1.02 D, Minimum Annual Rent, shall be amended to reflect the following
Lease rate for the Extension Period:




	
  TERM

  	
  Rate/RSF

  	
  Monthly Base Rent

  
	
  July 1, 2014 – October 31, 2014

  	
  $27.50

  	
  $101,112.92

  
















 




 










 








 




 








 


3.          Revised Section 2.05 of the Original Lease:  Landlord
and Tenant hereby agree that that the first sentence of Section 2.05 shall be
replaced with the following:


"If Tenant holds over after the expiration or earlier termination
of this Lease with the consent of the Landlord, Tenant shall become a tenant
from month to month at two hundred (200%) of Tenant's then current rental rate
including any additional rent for the Leased Premises in effect upon the date
of such expiration or earlier termination (subject to adjustment as provided in
Article 3 hereof and prorated on a daily basis), and otherwise upon the terms,
covenants and conditions herein specified, so far as applicable."


4.          Controlling Provisions.  To the extent the
provisions of this Fifth Amendment are inconsistent with the Lease, the terms
of this Fifth Amendment shall control.


5,          Authority.  Landlord and Tenant affirm and covenant
that each has the authority to enter into this Fifth Amendment and to abide by
the terms hereof, and that the signatories hereto are authorized representatives
of their respective entities empowered by their respective entities to execute
this Fifth Amendment.


6.          Force and Effect.  Except as expressly amended and
modified herein, all other terms, covenants and conditions of the Lease shall remain
in full force and effect.


7.          Successors and Assigns.  The conditions, covenants
and agreements contained herein shall be binding upon the parties hereto and
their respective successors and assigns.


 


 


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In
Witness Whereof, the parties hereto
have executed this Agreement on the day and year first above written.


 


 


 


	
   

  	
  TENANT:

  
	
   

  	
  AMSURG CORPORATION

  
	
   

  	
   

  
	
   

  	
  BY:  /s/ Christopher R. Kelly

  
	
   

  	
  TITLE: Vice President

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  LANDLORD:

  
	
   

  	
  BURTON HILLS INVESTMENTS

  
	
   

  	
   

  
	
   

  	
  BY: /s/ Chuck Archerd

  
	
   

  	
  TITLE: Managing Partner