Exhibit 10.36
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT (the "First Amendment") is made and
entered into effective as of the
, day of March, 2006, by and between
LA/GA BUSINESS CENTERS, INC., a Georgia corporation ("Landlord"), and MEDQUIST
TRANSCRIPTIONS, LTD., a New Jersey corporation ("Tenant").
W I T N E S S E T H:
WHEREAS, Landlord, as landlord, and Tenant, as tenant, entered into that certain
lease agreement dated September 8, 2002 (as the same may have been amended,
modified or supplemented, the "Lease"), relating to certain space known as
Suites 606/608 collectively containing approximately 19,761 rentable square feet
(the "Premises") located in building 600 (the "Building") within the office park
known as American Business Center (the "Center") at 1395 South Marietta Parkway,
Marietta, Georgia 30067; and
WHEREAS, Landlord and Tenant desire to enter into this First Amendment for the
purpose of evidencing their mutual understanding and agreement regarding
Tenant's installation of a generator and certain other matters relating thereto
as set forth hereinbelow.
NOW, THEREFORE, for and in consideration of the premises hereto, the keeping and
performance of the covenants and agreements hereinafter contained, and for Ten
and No/1 00 Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto,
intending to be legally bound, agree and amend the Lease as follows:
1.
DEFINED TERMS. ALL TERMS USED HEREIN AND DENOTED BY THEIR INITIAL
CAPITALIZATION SHALL HAVE THE MEANINGS SET FORTH IN THE LEASE UNLESS SET FORTH
HEREIN TO THE CONTRARY.
2.
GENERATOR.
(A)
PROVIDED TENANT IS OCCUPYING THE PREMISES, LANDLORD HEREBY GRANTS
TO TENANT A NON-EXCLUSIVE LICENSE TO INSTALL, MAINTAIN, REPAIR, REPLACE AND
OPERATE ONE (1) EMERGENCY BACK-UP GENERATOR AS MORE PARTICULARLY SET FORTH ON
EXHIBIT "A" ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN (TOGETHER WITH
ANY RELATED WIRES, CONDUITS AND OTHER EQUIPMENT NECESSARY OR DESIRABLE FOR THE
PROPER OPERATION OF SUCH GENERATOR, COLLECTIVELY THE "GENERATOR") IN A LOCATION
DESIGNATED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF (THE "GENERATOR
AREA") UPON AND SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS
SECTION. ALL ASPECTS OF THE GENERATOR SHALL BE SUBJECT TO THE PRIOR WRITTEN
APPROVAL OF LANDLORD, WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD,
CONDITIONED OR DELAYED. TENANT SHALL NOT BE OBLIGATED TO PAY ANY ADDITIONAL RENT
FOR THE SPACE OCCUPIED BY THE GENERATOR.
(B)
THE GENERATOR SHALL BE USED ONLY BY TENANT FOR TENANT'S OWN
BUSINESS PURPOSES TO PROVIDE A SOURCE OF BACK-UP POWER FOR EQUIPMENT LOCATED IN
THE PREMISES IN THE EVENT TENANT'S PRIMARY ELECTRICAL SERVICE IS INTERRUPTED;
TENANT SHALL NOT HAVE THE RIGHT TO USE OR ALLOW ANY OTHER PERSON OR ENTITY TO
USE THE GENERATOR FOR A FEE OR OTHERWISE, EXCEPT AS OTHERWISE EXPRESSLY SET
FORTH IN THE LEASE (AS AMENDED HEREBY). THE RIGHTS UNDER THIS SECTION ARE
PERSONAL TO THE TENANT NAMED HEREIN AND ARE NOT ASSIGNABLE, EXCEPT AS OTHERWISE
EXPRESSLY SET FORTH IN THE
LEASE (AS AMENDED HEREBY). THE