CONDITION AND
CONFIGURATION SUBJECT TO (A) ALL APPLICABLE PROVISIONS OF THE "WORK LETTER"
BETWEEN LANDLORD AND TENANT ATTACHED TO THIS AMENDMENT AS EXHIBIT "B", AND (B)
LANDLORD'S REPAIR OBLIGATIONS UNDER SECTION 10.B. OF THE LEASE, AND (C) ANY
LATENT DEFECTS IN THE SECOND EXPANSION SPACE OF WHICH TENANT NOTIFIES LANDLORD
WITHIN 1 YEAR AFTER THE COMMENCEMENT DATE.
TENANT HEREBY AGREES THAT THE SECOND
EXPANSION SPACE IS IN GOOD ORDER AND SATISFACTORY CONDITION AND THAT, EXCEPT AS
OTHERWISE EXPRESSLY SET FORTH IN THIS AMENDMENT OR IN THE LEASE, THERE ARE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY LANDLORD
REGARDING THE SECOND EXPANSION SPACE, THE PREMISES, THE BUILDING OR THE
PROPERTY.
5.
EARLY ACCESS TO THE SECOND EXPANSION
SPACE.
FOLLOWING THE EFFECTIVE DATE OF THIS AMENDMENT, TENANT'S CONTRACTORS
MAY, UPON ADVANCE WRITTEN NOTICE TO LANDLORD, ENTER THE SECOND EXPANSION SPACE
FOR THE PURPOSE OF PERFORMING WORK IN PREPARATION FOR TENANT'S MOVE-IN
(INCLUDING, WITHOUT LIMITATION, INSTALLATION OF FURNITURE, FIXTURES AND
EQUIPMENT) PROVIDED THAT (I) SUCH WORK BY TENANT'S CONTRACTORS DURING THE
PROSECUTION OF "LANDLORD'S INITIAL WORK" AND THE "LANDLORD WORK" (AS SUCH TERMS
ARE DEFINED IN THE WORK LETTER ATTACHED AS EXHIBIT "B") IS CONDUCTED IN A MANNER
AS TO NOT UNREASONABLY INTERFERE WITH LANDLORD'S INITIAL WORK AND THE LANDLORD
WORK OCCURRING IN OR AROUND THE SECOND EXPANSION SPACE, AND (II) PRIOR TO ANY
SUCH ENTRY, TENANT'S CONTRACTORS SHALL PROVIDE LANDLORD WITH CERTIFICATES OF
INSURANCE OR OTHER EVIDENCE OF INSURANCE REASONABLY ACCEPTABLE TO LANDLORD.
COMMENCING ON THE DATE OF SUBSTANTIAL COMPLETION (DEFINED IN THE WORK LETTER) OF
THE LANDLORD WORK IN THE SECOND EXPANSION SPACE, AND CONTINUING THROUGH THE
COMMENCEMENT DATE, TENANT SHALL BE PERMITTED ACCESS TO THE SECOND EXPANSION
SPACE FOR THE PURPOSE OF INSTALLING FURNITURE, EQUIPMENT OR OTHER PERSONAL
PROPERTY IN THE SECOND EXPANSION SPACE, AND CONDUCTING TENANT'S BUSINESS
ACTIVITIES IN THE SECOND EXPANSION SPACE ONCE THE SECOND EXPANSION SPACE AND THE
BALANCE OF THE PREMISES ARE SUITABLE FOR LAWFUL OCCUPANCY.
ALL EARLY ACCESS TO
THE SECOND EXPANSION SPACE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE
LEASE AND THIS AMENDMENT EXCEPT THAT TENANT SHALL PAY NO RENT (DEFINED IN
SECTION 4.A OF THE LEASE) FOR SUCH EARLY ACCESS EVEN IF TENANT HAS OCCUPIED THE
SECOND EXPANSION SPACE FOR THE PURPOSE OF CONDUCTING BUSINESS.
6.
OPTION TO EXPAND.
BY LEASING THE SECOND
EXPANSION SPACE, TENANT HAS LEASED THE EXPANSION SPACE SET FORTH IN RIDER NO. 2
TO THE LEASE.
ACCORDINGLY, RIDER NO. 2 TO THE LEASE IS DELETED IN ITS ENTIRETY.
7.
ADDITIONAL PARKING PERMITS.
IN
CONNECTION WITH THE SECOND EXPANSION SPACE, PARAGRAPH 1 OF EXHIBIT E TO THE
LEASE SHALL BE AMENDED AS FOLLOWS:
(A)
TO ADD THREE (3) ADDITIONAL UNRESERVED
PARKING PERMITS ALLOWING ACCESS TO UNRESERVED SPACES IN THE BUILDING GARAGE; AND
(B)
TO ADD SEVEN (7) ADDITIONAL UNRESERVED
PARKING PERMITS ALLOWING ACCESS TO UNRESERVED SPACES IN, AT LANDLORD'S OPTION,
HOUSTON CENTER GARAGE 1, 4 HOUSTON CENTER GARAGE, AND/OR FIRST CITY TOWER
GARAGE.
2
The additional parking permits described in Subparagraphs (a)