CONTAIN A TOTAL OF 36,159 SQUARE FEET OF RENTABLE AREA, AND THAT
THE BUILDING CONTAINS A TOTAL OF 51,974 SQUARE FEET OF RENTABLE AREA.
SUCH
LETTING AND HIRING IS UPON AND SUBJECT TO THE TERMS, CONDITIONS AND COVENANTS
HEREIN SET FORTH, AND TENANT COVENANTS AS A MATERIAL PART OF THE CONSIDERATION
FOR THIS SECOND RESTATED LEASE TO KEEP AND PERFORM EACH AND ALL OF SAID TERMS,
CONDITIONS AND COVENANTS BY IT TO BE KEPT AND PERFORMED AND THAT THIS SECOND
RESTATED LEASE IS MADE UPON THE CONDITION OF SUCH PERFORMANCE.
ARTICLE 2
TERM
2.1
TERM.
THE TERM OF THIS SECOND RESTATED
LEASE SHALL COMMENCE ON JUNE 1, 2004 (THE "COMMENCEMENT DATE") AND SHALL END AT
5:00 P.M. ON MAY 31, 2008, UNLESS EXTENDED OR SOONER TERMINATED AS HEREIN
PROVIDED (THE "LEASE TERM").
2.2
LANDLORD'S WORK.
LANDLORD SHALL HAVE NO
OBLIGATION FOR MAKING ANY IMPROVEMENTS IN THE PREMISES AND TENANT HEREBY ACCEPTS
THE PREMISES IN ITS "AS IS" CONDITION.
ARTICLE 3
RENT
3.1
BASE RENT.
BEGINNING ON THE COMMENCEMENT
DATE, TENANT SHALL PAY TO LANDLORD, AT P. O. BOX 926040, NORCROSS, GEORGIA
30010-6040, OR AT SUCH OTHER PLACE AS LANDLORD MAY DESIGNATE IN WRITING TO
TENANT, ANNUAL BASE RENT ("BASE RENT") IN THE AMOUNTS SET FORTH BELOW FOR THE
PREMISES, BASED ON THE PREMISES CONTAINING 36,159 SQUARE FEET OF RENTABLE AREA:
Period
Annual Rate Per Rentable
Square Foot of Premises
Monthly
Installment
Annual
Installment
6/1/04 - 5/31/05
$
16.25
$
48,965.31
$
587,583.75
6/1/05 - 5/31/06
$
16.25
$
48,965.31
$
587,583.75
6/1/06 - 5/31/07
$
17.00
$
51,225.25
$
614,703.00
6/1/07 - 5/31/08
$
18.00
$
54,238.50
$
650,862.00
THE BASE RENT FOR EACH LEASE YEAR SHALL BE PAYABLE IN EQUAL MONTHLY
INSTALLMENTS, DUE ON THE FIRST DAY OF EACH CALENDAR MONTH, IN ADVANCE, IN LEGAL
TENDER OF THE UNITED STATES OF AMERICA, WITHOUT ABATEMENT, DEMAND, DEDUCTION OR
OFFSET WHATSOEVER, EXCEPT AS MAY BE EXPRESSLY PROVIDED IN THIS LEASE.
ONE FULL
MONTHLY INSTALLMENT OF BASE RENT SHALL BE DUE AND PAYABLE ON THE COMMENCEMENT
DATE BY TENANT AND A LIKE MONTHLY INSTALLMENT OF BASE RENT SHALL BE DUE AND
2
PAYABLE ON OR BEFORE THE FIRST DAY OF EACH CALENDAR MONTH FOLLOWING THE
COMMENCEMENT DATE DURING THE LEASE TERM HEREOF.
TENANT SHALL PAY, AS ADDITIONAL
RENT, ALL OTHER SUMS DUE FROM TENANT UNDER THIS LEASE.
THE TERM "RENT", AS USED
HEREIN, MEANS ALL BASE RENT, ADDITIONAL RENT AND ALL OTHER AMOUNTS PAYABLE
HEREUNDER FROM TENANT TO LANDLORD.
IF THE LEASE TERM COMMENCES OR TERMINATES ON
A DAY OTHER THAN THE FIRST OR LAST DAY OF A CALENDAR MONTH RESPECTIVELY, THEN
THE INSTALLMENTS OF BASE RENT FOR SUCH MONTH OR MONTHS SHALL BE PRORATED AND THE
INSTALLMENTS SO PRORATED SHALL BE PAID IN ADVANCE.
IF THE PREMISES SHALL BE
EXPANDED IN ACCORDANCE WITH THE TERMS OF THIS SECOND RESTATED LEASE, THEN THE
AMOUNT OF BASE RENT SHALL BE APPROPRIATELY ADJUSTED IN ACCORDANCE WITH THE TERMS
OF THIS SECOND RESTATED LEASE.
3.2
ADDITIONAL RENT.
ANY OTHER SUMS OF MONEY OR
CHARGES