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EXHIBIT 10.13C
THIRD AMENDMENT TO LEASE
This Third Amendment To Lease ("Amendment") is made and entered into
this 10th day of March, 2000, by and between MONY Life Insurance Company, a New
York corporation (hereinafter called "Landlord"), and Timeline, Inc.,
(hereinafter called "Tenant").
RECITALS
A. Landlord and Tenant have entered into that certain Lease
dated September 8, 1995 as amended June 27, 1996, and on March
20, 1999, (the "Lease") with respect to the leasing of 12,354
net rentable square feet of space known as Suite 106 (the
"Premises") in the building located at 3055 112th NE, Bellevue,
Washington ("Building"). Any capitalized terms used herein and
not otherwise defined shall have the same meaning as in the
Lease.
B. Landlord and Tenant now desire to enter into this Amendment
to amend the Lease in order to increase the Term pursuant to the
terms provided herein.
NOW THEREFORE, in consideration of the mutual covenants and agreements
contained in the Lease and in this Amendment and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
Landlord and Tenant hereby further covenant and agree as follows:
AGREEMENT
1. Effective May 1, 2001, ("Effective Date"), the following
sections of the Lease shall be amended as provided below:
a. Monthly Rental. Section IV.A. and the Rental Schedule
contained in Exhibit D of the Lease shall be amended to
change the Monthly Rental payable under the Lease to
that specified in the following schedule:
The total Monthly Rental for the entire term is equal to
$1,079,799.04 and shall be payable monthly in accordance
with the provisions of the Lease in installments as set
forth below:
<TABLE>
<CAPTION>
Months Monthly Rental
------ --------------
<S> <C>
5/1/01 - 4/30/02 $28,826.00
5/1/02 - 4/30/03 $29,979.00
5/1/03 - 4/30/04 $31,178.17
</TABLE>
b. Base Operating Expense Section I. J. Effective May 1,
2001 the Base Operating Expense shall be adjusted to
reflect the actual amount for 2001.
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c. Tenant Improvements Exhibit C. The Construction Work
Letter shall be replaced with the following
understanding: Tenant accepts the Premises in "where-is"
"as-is" condition with all faults. Landlord agrees to
have the Premises painted using building standard paint
and the carpets professionally cleaned at a time
mutually agreeable to Tenant and Landlord after May 1,
2001.
2. Brokers & Agents. Tenant warrants and represents that it has
not dealt with any real estate broker or agent other than NONE
in connection with this Lease or its negotiation. Tenant shall
indemnify and hold Landlord harmless from any cost, expense or
liability (including costs of suit and reasonable attorneys'
fees) for any compensation, commission or fees claimed by any
other real estate broker or agent in connection with this Lease
or its negotiation by reason of any act of Tenant. Further,
Tenant agrees that Landlord shall not be responsible for, and
Tenant shall indemnify and hold Landlord harmless from and such
liability for compensation, commission or fees claimed by any
real estate broker or agent representing Tenant in connection
with any renewal, extension modification or other matter
relating to this Lease.
3. Ratification. Except as hereby amended, all terms and
conditions of the Lease shall remain unchanged and Landlord and
Tenant hereby acknowledge and confirm that the same are in full
force and effect.
4. Entire Agreement. This Amendment embodies the entire
understanding between Landlord and Tenant with respect to the
subject matter hereof and can be changed only by an instrument
in writing executed by both Landlord and Tenant.
5. Conflict of Terms. In the event that there is any conflict or
inconsistency between the terms and conditions of the Lease and
those of this Amendment, the terms and conditions of this
Amendment shall control and govern the rights and obligations of
the parties.
IN WITNESS WHEREOF, Landlord and Tenant caused this agreement to be duly
executed effective the day and year first above written.
"TENANT" "LANDLORD"
Timeline, Inc., a Washington corporation. MONY Life Insurance Company,
a New York corporation.
By: /s/ Charles R. Osenbaugh By: /s/ Mark E. Novack
Its: President Its:
Mark E. Novack, Assistant Vice
President
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EXHIBIT A
[BLUEPRINT OF FLOOR PLAN]
