{"id":41682,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/33-wood-avenue-south-iselin-nj-lease-agreement-metro-park.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"33-wood-avenue-south-iselin-nj-lease-agreement-metro-park","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/33-wood-avenue-south-iselin-nj-lease-agreement-metro-park.html","title":{"rendered":"33 Wood Avenue South (Iselin, NJ) Lease Agreement &#8211; Metro Park Associates and UTStarcom Inc."},"content":{"rendered":"<pre>\n                                 LEASE AGREEMENT\n\n         This Agreement is made on the                day of April, 1995,\n\n         B E T W E E N:             METRO PARK ASSOCIATES\n                                    A Partnership of the State of New Jersey\n                                    820 Morris Turnpike, Suite 301\n                                    Short Hills, New Jersey 07078\n                                    (hereinafter referred to as 'Landlord'),\n\n         A N D:                     STARCOM\n\n\n\n                                    (hereinafter referred to as 'Tenant').\n\n                              W I T N E S S E T H :\n\n1.    PREMISES, TERM AND USE. The Landlord does hereby lease to the Tenant, \nand the Tenant does hereby rent from the Landlord the following described \npremises: approximately 3,962 rentable square feet of eighth floor space in \nthe office building located at 33 Wood Avenue South, Iselin, New Jersey, for \na term of two (2) years, commencing May    , 1995, and ending April   , 1997,\nto be used and occupied only and for no other purpose than general office space.\n\n2.    PAYMENT OF RENT. The Tenant covenants and agrees to pay to the \nLandlord, as rent for and during the term hereof, the sum of One Hundred \nThirty-Four Thousand Seven Hundred Eight and 00\/100 ($134,708.00) Dollars, \npayable as follows: Sixty-Seven Thousand Three Hundred Fifty-Four and 00\/100 \n($67,354.00) Dollars Per Annum; Five Thousand Six Hundred Twelve and 83\/100 \n($5,612.83) Dollars Per Month, due and payable on the first day of each \ncalendar month. Notwithstanding anything to the contrary contained herein, \nhowever, Tenant shall not be required to make payments of basic monthly rent \nfor the first and thirteenth months of the initial term of this Lease.\n\n3.    LATE PAYMENTS. In the event that payment of rent is not received by \nLandlord by the tenth (10th) day of each month, Tenant shall pay, as \nadditional rent, a late charge equal to five (5) percent of the late payment. \nLandlord shall be entitled to the same remedies for non-payment of late \ncharges as for non-payment of rent.\n\n4.    REPAIRS AND CARE. (a) The Tenant has examined the premises and has \nentered into this Lease without any representation on the part of the \nLandlord as to the condition thereof. The Tenant shall take good care of the \npremises and shall, at the Tenant's own cost and expense, make all \nnon-structural repairs, including painting and decorating, and shall maintain \nthe premises in good condition and state of repair. The Tenant shall neither \nencumber nor obstruct the sidewalks, driveways, yards, entrances, hallways \nand stairs. The Tenant shall not place a load upon any floor of the Demised \nPremises exceeding the floor load per square foot area which it was designed \nto carry and which is allowed by law. Landlord reserves the right to \nprescribe the weight and position of all safes, business machines and \nmechanical equipment.\n\n      (b) Not later than the last day of the term, Tenant shall, at Tenant's \nexpense, remove all Tenant's personal property and those improvements made by \nTenant which have not become the property of Landlord, including but not \nlimited to trade fixtures, moveable panelling and the like; repair all injury \ndone by or in connection with the installation or removal of said property \nand improvements; and surrender the Premises in as good condition as they \nwere at the beginning of the term, excepting reasonable wear and damage by \nfire, the elements, casualty, or other cause not due to the misuse or neglect \nby Tenant, Tenant's agents, servants, visitors or licensees. All other \nproperty of Tenant remaining on the premises after the last day of the term \nor earlier termination of this Lease\n\n\n\n\n\nshall be conclusively deemed abandoned and may be removed by Landlord, and \nTenant shall reimburse Landlord for the cost of such removal. Landlord may \nhave any such property stored at Tenant's risk and expense.\n\n5.    COMPLIANCE WITH LAWS. The Tenant shall promptly comply with all laws, \nordinances, rules, regulations, requirements and directives of the Federal, \nState and Municipal Governments or Public Authorities and of all their \ndepartments, bureaus and subdivisions, applicable to and affecting the said \npremises, their use and occupancy, for the correction, prevention and \nabatement of nuisances, violations or other grievances in, upon or connected \nwith the said premises, during the term hereof; and shall promptly comply \nwith all orders, regulations, requirements and directives of the Board of \nFire Underwriters or similar authority and of any insurance companies which \nhave issued or are about to issue policies of insurance covering the said \npremises and its contents, for the prevention of fire or other casualty, \ndamage or injury, at the Tenant's own cost and expense. Tenant shall observe \nand comply with the rules and regulations hereinafter set forth in Exhibit B, \nattached hereto and made a part hereof by this reference, and with such \nfurther reasonable rules and regulations as Landlord may prescribe, upon \nwritten notice to Tenant, for the safety, care and cleanliness of the \nBuilding and the comfort, quiet and convenience of other occupants of the \nBuilding.\n\n6.    ALTERATIONS AND IMPROVEMENTS. No alterations, additions or improvements \nshall be made, and no climate regulating, air conditioning, cooling, heating \nor sprinkler systems, television or radio antennas, heavy equipment, \napparatus and fixtures, shall be installed in or attached to the leased \npremises, without the prior written consent of the Landlord. Unless otherwise \nprovided herein, all such alterations, additions or improvements and systems, \nwhen made, installed in or attached to the said premises, shall belong to and \nbecome the property of the Landlord and shall be surrendered with the \npremises and as part thereof upon the expiration or sooner termination of \nthis Lease, without hindrance, molestation, injury or charge to Landlord.\n\n7.    TENANT'S LIABILITY INSURANCE. Tenant shall provide, at its own expense, \nand keep in force during the term of this Lease and any renewal terms, \ngeneral comprehensive liability insurance with an insurance company licensed \nto do business in the State of New Jersey, selected by Tenant and reasonably \nacceptable to Landlord, and in an amount reasonably required by Landlord, but \nin any event not less than $1,000,000.00 with respect to injury or death to \nany one person and $1,000,000.00 with respect to injury or death to more than \none person in any one accident or other occurrence and $1,000,000.00 with \nrespect to damage to property. Such policy or policies shall include Landlord \nand Landlord's mortgagee, if any, as additional insureds. Tenant agrees to \ndeliver certificates evidencing such insurance to Landlord within thirty (30) \ndays of the date of execution of this Lease and within thirty (30) days after \nthe date of renewal of the policies. Such insurance shall not be cancellable \nwithout thirty (30) days prior written notice to Landlord.\n\n8.    TENANT'S CASUALTY INSURANCE. During the term of this Lease, and any \nrenewal terms, Tenant shall cause its improvements to the Demised Premises to \nbe insured for the benefit of Landlord and Tenant, as their respective \ninterests may appear, against loss or damage by fire and customary extended \ncoverage in an amount equal to the replacement value thereof, if insurance in \nsuch amount is available. Tenant agrees to deliver a certificate evidencing \nsuch insurance to Landlord within thirty (30) days of the date of execution \nof this Lease.\n\n9.    DAMAGE OR DESTRUCTION BY FIRE OR OTHER CASUALTY. (a) If the Building is \ndamaged by fire or other casualty to such extent that the cost of \nrestoration, as determined by an insurance adjustor\n\n\n                                      2\n\n\n\n\n\nlicensed in the State of New Jersey, will equal or exceed fifty (50) percent \nof the replacement value of the Building (exclusive of foundations) just \nprior to the occurrence of the damage, then either Landlord or Tenant may, \nwithin sixty (60) days from the date of the damage, give the other party a \nwritten notice of election to terminate this Lease, effective thirty (30) \ndays from the date of such notice. However, in the event that neither party \nterminates this Lease in such circumstance, then the basic rent and \nadditional rent shall be abated in direct proportion to that amount of square \nfootage in the Demised Premises which cannot be used by Tenant for the \npurposes set forth in Paragraph 1 herein. In addition, Landlord shall be \nresponsible for making restoration within one hundred eighty (180) days after \nthe date of the damage, subject to Force Majeure. In the event that \nrestoration is not made within said time period, Tenant shall have the right \nto terminate this Lease, upon thirty (30) days written notice to Landlord.\n\n      (b) If the Building is damaged by fire or other casualty to such extent \nthat the cost of restoration, as determined by an insurance adjustor licensed \nin the State of New Jersey, will be less than (50) percent of the replacement \nvalue of the Building (exclusive of foundations) just prior to the occurrence \nof the damage, then Landlord may, within sixty (60) days from the date of \ndamage, give the Tenant written notice of election to terminate this Lease, \neffective thirty (30) days from the date of such notice. However, in the \nevent that Landlord does not terminate this Lease in such circumstance, then \nthe basic rent and additional rent shall be abated in direct proportion to \nthat amount of square footage in the Demised Premises which cannot be used by \nTenant for the purposes set forth in Paragraph 1 herein. In addition, \nLandlord shall be responsible for making restoration within one hundred \neighty (180) days after the date of the damage, subject to Force Majeure. In \nthe event that restoration is not made within said time period, Tenant shall \nhave the right to terminate this Lease, upon thirty (30) days written notice \nto Landlord.\n\n      (c) Notwithstanding anything to the contrary contained herein, in no \nevent shall the provisions of this Paragraph become effective or be \napplicable if the fire or other casualty and damage shall be the result of \nthe carelessness, negligence or improper conduct of the Tenant or the \nTenant's agents, employees, guests, licensees, invitees, subtenants, \nassignees or successors. In such case the Tenant's liability for the payment \nof the rent and the performance of all the covenants, conditions and terms \nhereof on the Tenant's part to be performed shall continue and the Tenant \nshall be liable to the Landlord for the damage and loss suffered by the \nLandlord. The Tenant shall have the proceeds of its insurance paid over to \nthe Landlord to the extent of the Landlord's costs and expenses to make the \nrepairs hereunder, and such insurance carriers shall have no recourse against \nthe Landlord for reimbursement. Should the insurance proceeds be insufficient \nto cover Landlord's expenses, Tenant shall remain liable for any balance.\n\n10.   WAIVER OF SUBROGATION. Landlord and Tenant shall obtain, for each \npolicy of insurance secured by them regarding the Demised Premises, or any \nProperty located therein, whether required by this Lease or in addition to \nthat which is required by this Lease, an appropriate clause therein or \nendorsement thereon, pursuant to which such insurance company waives \nsubrogation or consents to the waiver of the right of one party to recover \nagainst the other.\n\n11.   INCREASE OF INSURANCE RATES. If for any reason it shall be impossible \nto obtain fire and other hazard insurance on the buildings and improvements \non the leased premises, in an amount and in the form and with insurance \ncompanies acceptable to the Landlord, the Landlord may, if the Landlord so \nelects at any time thereafter, terminate this Lease and the term hereof, upon \ngiving to the Tenant fifteen days notice in writing of the Landlord's \nintention to do so, and upon the giving of such notice, this Lease and the \nterm thereof shall terminate. If by reason of the use to\n\n\n                                      3\n\n\n\n\n\nwhich the premises are put by the Tenant or character of or the manner in \nwhich the Tenant's business is carried on, the insurance rates for fire and \nother hazards shall be increased, the Tenant shall upon demand, pay to the \nLandlord, as rent, the amounts by which the premiums for such insurance are \nincreased. Such payment shall be paid with the next installment of rent but \nin no case later than thirty (30) days after such demand, whichever occurs \nsooner.\n\n12.   ASSIGNMENT AND SUBLEASE. Tenant may assign or sublease the within Lease \nto any party subject to the following:\n\n      (a) In the event that the Tenant desires to sublease the whole or any \nportion of the Demised Premises or assign the within Lease to any other \nparty, the terms and conditions of such sublease or assignment shall be \ncommunicated to the Landlord in writing prior to the effective date of any \nsuch sublease or assignment. Prior to such effective date, Landlord shall \nhave the option, exercisable in writing to Tenant, to recapture the within \nLease so that such prospective sublessee or assignee shall then become the \nsole tenant of Landlord hereunder, or alternatively, to recapture the Demised \nPremises, and this Tenant shall then be fully released from any and all \nobligations hereunder.\n\n      (b) In the event that the Landlord elects not to recapture either the \nLease or the Demised Premises as hereinabove provided, Tenant may \nnevertheless assign this Lease or sublet the whole or any portion of the \nDemised Premises, subject to Landlord's prior written consent, and subject to \nthe consent of any mortgagee, trust deed holder or ground lessor, on the \nbasis of the following terms and conditions:\n\n      (1) The Tenant shall provide to Landlord the name and address of the \nproposed assignee or sublessee.\n\n      (2) The assignee or sublessee shall assume, by written instrument, all \nof the obligations of this Lease, and a copy of such assumption agreement \nshall be furnished to Landlord within Tenant (10) days of its execution. Any \nsublease shall expressly acknowledge that said sublessee's rights against the \nLandlord shall be no greater than those of the Tenant.\n\n      (3) The tenant and each assignee shall be and remain liable for the \nobservance of all the covenants and provisions of this Lease, including, but \nnot limited to the payment of rent and additional rent reserved herein, \nthrough the entire term of this Lease, as the same may be renewed, extended \nor otherwise modified.\n\n      (4) The Tenant and any assignee shall promptly pay to Landlord: (i) any \nconsideration received by Tenant for any assignment; or (ii) all of the rent, \nas and when received by Tenant, in excess of the rent required to be paid by \nTenant to Landlord for the area sublet, computed on the basis of an average \nsquare foot rent for the gross square footage Tenant has leased.\n\n      (5) In any event, acceptance by Landlord of any rent from the assignee, \nor from any of the subtenants, or the failure of Landlord to insist upon a \nstrict performance of any of the terms, conditions and covenants herein shall \nnot release Tenant herein, nor any assignee assuming this Lease, from any and \nall of the obligations herein during and for the entire term of this Lease, \nas the same may be renewed, extended or otherwise modified.\n\n      (6) Tenant shall be responsible for payment to Landlord of Landlord's \nreasonable attorneys' fees and handling costs incurred for each request for \nconsent to any sublet or\n\n\n                                      4\n\n\n\n\n\nassignment, with such payment to be made within (10) business days of written \nnotice from Landlord, but in no event beyond the effective date of assignment.\n\n      (7) Tenant acknowledges and understands that its sole remedy with \nrespect to any assertion that Landlord's failure to consent to any sublet or \nassignment is unreasonable shall be the remedy of specific performance, and \nTenant shall have no other claim or cause of action against Landlord as a \nresult of Landlord's actions in refusing to consent thereto.\n\n      (c) Notwithstanding anything to the contrary contained herein, Tenant \nshall have the right to assign this Lease or sublet the Demised Premises, in \nwhole or in part, to any parent or subsidiary of Tenant or in connection with \na merger of Tenant provided that the surviving entity in a merger shall have \na tangible net worth (determined in accordance with generally accepted \naccounting principles) not less than the net worth of Tenant and its \nguarantors, if any, as of the date of commencement of this Lease.\n\n      (d) Without limiting any of the provisions of this Lease, if pursuant \nto the Federal Bankruptcy Code (hereinafter referred to as the 'Code'), or \nany similar law hereinafter enacted having the same general purpose, Tenant \nis permitted to assign this Lease notwithstanding the restrictions contained \nin this Lease, then adequate assurance of future performance by an assignee \nexpressly permitted under such Code shall be deemed to mean the deposit of \ncash security in an amount equal to the sum of one (1) year's basic rent plus \nan amount equal to the additional rent for the calendar year preceding the \nyear in which such assignment is intended to become effective, which deposit \nshall be held by Landlord for the balance of the term of the Lease, without \ninterest, as security for the full performance of all of Tenant's obligations \nunder this Lease, to be held and applied in the manner specified for security \nin Paragraph 18.\n\n      (e) Except as specifically set forth above, no portion of the Demised \nPremises or of Tenant's interest in this Lease may be acquired by any other \nperson or entity, whether by assignment, mortgage, sublease, transfer, \noperation of law or act of the Tenant, nor shall Tenant pledge its interest \nin this Lease or in any security deposit required hereunder.\n\n13.   INSPECTION AND REPAIR. The Tenant agrees that the Landlord and the \nLandlord's agents, employees or other representatives, shall have the right \nto enter into and upon the said premises or any part thereof, at all \nreasonable hours, for the purpose of examining the same or making such \nrepairs or alterations therein as may be necessary for the safety and \npreservation thereof. This clause shall not be deemed to be a covenant by the \nLandlord nor be construed to create an obligation on the part of the Landlord \nto make such inspection or repairs.\n\n14.   GLASS AND OTHER DAMAGE REPAIRS. In case of the destruction of or any \ndamage to the glass in the leased premises, or the destruction of or damage \nof any kind whatsoever to the said premises caused by the carelessness, \nnegligence or improper conduct on the part of the Tenant or the Tenant's \nagents, employees, guests, licensees, invitees, subtenants, assignees or \nsuccessors, the Tenant shall repair the said damage ore replace or restore \nany destroyed parts of the premises, as speedily as possible, at the Tenant's \nown cost and expense.\n\n15.   SIGNS. The Tenant shall not place nor allow to be placed any signs of \nany kind whatsoever, upon, in or about the said premises or any part thereof, \nexcept of a design and structure and in or at such places as may be indicated \nand consented to by the Landlord in writing. Landlord shall place Tenant's \nname: (1) adjacent to the\n\n\n                                      5\n\n\n\n\n\nprimary entrance door to the Demised Premises; (ii) the directory in the \nlobby; and (iii) the outside directory, if any. Tenant shall not have the \nright to have additional names placed on the directories without Landlord' \nprior written consent. In case the Landlord or the Landlord's agents, \nemployees or representatives shall deem it necessary to remove any such signs \nin order to paint or make any repairs, alterations or improvements in or upon \nsaid premises or any part thereof, they may be so removed, but shall be \nreplaced at the Landlord's expense when the said repairs, alterations or \nimprovements shall have been completed. Any signs permitted by the Landlord \nshall at all times conform with all municipal ordinances or other laws, \nordinances and regulations applicable thereto.\n\n16.   MORTGAGE PRIORITY. This Lease shall not be a lien against the said \npremises in respect to any mortgages that may herebefore or hereafter be \nplaced upon said premises. The recording of such mortgage or mortgages shall \nhave preference and precedence and be superior and prior in lien to this \nLease, irrespective of the date of recording and the Tenant agrees to execute \nany instruments, without cost, which may be deemed necessary or desirable, to \nfurther effect the subordination of this Lease to any such mortgage or \nmortgages. A refusal by the Tenant to execute such instruments shall entitle \nthe Landlord to the option of cancelling this Lease, and the term hereof is \nhereby expressly limited accordingly. Tenant hereby appoints Landlord as its \nattorney-in-fact to execute any documents requested by the mortgagee(s) to \neffectuate the intent of this Paragraph.\n\n17.   NON-LIABILITY OF MORTGAGEE. Tenant hereby agrees not to look to the \nmortgagee, as mortgagee, mortgagee in possession, or successor in title to \nthe property, for accountability for any security deposit required by the \nLandlord hereunder, unless said sums have actually been received by said \nmortgagee as security for the Tenant's performance of this Lease.\n\n18.   UTILITIES. Landlord shall provide Tenant with HVAC. Tenant shall be \nresponsible for its electrical use for lights and business machines by way of \nan energy audit, to be performed by a licensed energy audit company chosen by \nLandlord. Tenant shall also be responsible for payment to Landlord for use of \nthe HVAC system during hours other than 8 AM to 6 PM, Monday through Friday \nand Saturdays, 8 AM to 1 PM, at the rate of $40.00 per hour.\n\n19.   EVENTS OF DEFAULT; REMEDIES. (a) If Tenant does not: (a) within (10) \ndays after the due date thereof pay any installment of basic annual rent, \nadditional rent or any other monetary obligation; or (b) within thirty (30) \ndays after written notice from Landlord cure a default other than a default \nin the payment of basic annual rent or additional rent (provided, however, \nthat such thirty (30) day period shall be extended if the default is of such \na nature that it could not reasonably be cured within such period of thirty \n(30) days and Tenant promptly commences and thereafter diligently pursues the \ncuring of such default), then, in any such event, Tenant shall be deemed in \ndefault under this Lease.\n\n      (b) If there should occur any default on the part of the Tenant as set \nforth in this Lease, or if during the term hereof the premises or any part \nthereof shall be or become abandoned or deserted, vacated or vacant, or \nshould the Tenant be evicted by summary proceedings or otherwise, the \nLandlord, in addition to any other remedies herein contained or as may be \npermitted by law, may either, by force or otherwise, without being liable for \nprosecution therefor, or for damages, re-enter the said premises and the same \nhave and again possess and enjoy.\n\n      (c) At any time or from time to time after any such expiration or \ntermination, the Landlord may, as agent for the Tenant or otherwise, re-let \nthe premises, for such term or terms (which may be greater or less than the \nperiod which would otherwise\n\n\n                                      6\n\n\n\n\n\nhave constituted the balance of the term of this Lease) and on such \nconditions (which may include concessions or free rent) as the Landlord, in \nits reasonable discretion, may determine, and receive the rents therefor, \napplying the same: (i) to the payment of such expenses, reasonable attorney \nfees and costs, as the Landlord may have been put to in re-entering and \nrepossessing the same and in making such repairs and alterations as may be \nnecessary; and (ii) to the payment of the rents due hereunder. The Tenant \nshall remain liable for such rents as may be in arrears and also the rents as \nmay accrue subsequent to the re-entry by the Landlord, to the extent of the \ndifference between the rents reserved hereunder and the rents, if any, \nreceived by the Landlord during the remainder of the unexpired term hereof, \nafter deducting the aforementioned expenses, fees and costs; the same to be \npaid as such deficiencies arise and are ascertained each month. Landlord \nshall in no way be responsible or liable for any failure to relet the Demised \nPremises or any part thereof, or for any failure to collect any rent due upon \nany such reletting.\n\n      (d) Upon the occurrence of an event of default as set forth in this \nLease, or should the Tenant be adjudicated a bankrupt, insolvent or placed in \nreceivership, or should proceedings be instituted by or against the Tenant \nfor bankruptcy, insolvency, receivership, agreement of composition or \nassignment for the benefit of creditors, or if this Lease or the estate of \nthe Tenant hereunder shall pass to another by virtue of any court \nproceedings, writ of execution, levy, sale, or by operation of law, the \nLandlord may, if the Landlord so elects, at any time thereafter, terminate \nthis Lease and the term hereof, upon giving to the Tenant or to any trustee, \nreceiver, assignee or other person in charge of or acting as custodian of the \nassets or property of the Tenant, five (5) days written notice of the \nLandlord's intention to do so. Upon the giving of such notice, this Lease and \nthe term hereof shall end on the date fixed in such notice as if the said \ndate was the date originally fixed in this Lease for the expiration hereof; \nand the Landlord shall have the right to remove all persons, goods, fixtures \nand chattels therefrom, by force or otherwise, without liability for damages.\n\n20.   SURVIVAL OF COVENANTS. No expiration or termination of this Lease shall \nrelieve the Tenant of its liability and obligations under this Lease, and all \nliability and obligations shall survive any expiration or termination. In the \nevent of an expiration or termination, whether or not the Demised Premises, \nor a portion thereof, shall have been relet, Tenant shall pay to Landlord the \nrent up to the time of such expiration or termination, and thereafter, \nTenant, until the expiration date as stated in Paragraph 1 herein, shall be \nliable to Landlord for, and shall pay to Landlord, as and for liquidated and \nagreed current damages, the difference, if any, between: (1) the basic annual \nrental and additional rent as stated in this Lease; and (2) any rent and \nadditional rent received by Landlord from any new tenant in the Demised \nPremises, or a portion thereof.\n\n21.   REMOVAL OF TENANT'S PROPERTY. Any equipment, fixtures, goods or other \nproperty of the Tenant, not removed by the Tenant upon the termination of \nthis Lease, or upon any quitting, vacating or abandonment of the premises by \nthe Tenant, or upon the Tenant's eviction, shall be considered as abandoned \nand the Landlord shall have the right, without any notice to Tenant, to sell \nor otherwise dispose of the same, at the expense of Tenant, and shall not be \naccountable to the Tenant for any part of the proceeds of such sale, if any.\n\n22.   REIMBURSEMENT OF LANDLORD. If the Tenant shall fail or refuse to comply \nwith or perform any conditions and covenants of the within Lease, the \nLandlord may, if the Landlord so elects, carry out and perform such \nconditions and covenants, at the cost and expense of the Tenant, and the said \ncost and expense shall be payable on demand. At the option of the Landlord \nthe costs and\n\n\n                                      7\n\n\n :  PAGE&gt;\n\n\nexpenses shall be added to the installment of rent due immediately thereafter \nbut in no case later than thirty (30) days after such demand, whichever \noccurs sooner, and shall be due and payable as such. This remedy shall be in \naddition to such other remedies as the Landlord may have hereunder by reason \nof the breach by the Tenant of any of the covenants and conditions in this \nLease.\n\n23.   NON-PERFORMANCE BY LANDLORD. This Lease and the obligation of the \nTenant to pay the rent hereunder and to comply with the covenants and \nconditions hereof, shall not be affected, curtailed, impaired or excused \nbecause of the Landlord's inability to supply any service or material called \nfor herein, by reason of any act of God, riot, civil commotion, strikes, \nlock-out, acts, orders or regulations of governmental authority, acts or \nfailure to act of the other party, fire, tornado, windstorm, adverse weather \nconditions, rule, order, regulation or preemption by any governmental entity, \nauthority, department, agency or subdivision or for any delay which may arise \nby reason of negotiations for the adjustment of any fire or other casualty \nloss or for any cause beyond the control of Landlord.\n\n24.   NON-LIABILITY OF LANDLORD. The Landlord shall not be liable for any \ndamage or injury which may be sustained by the Tenant or any other person, as \na consequence of the failure, breakage, leakage or obstruction of the water, \nplumbing, stream, sewer, waste or soil pipes, roof, drains, leaders, gutters, \nvalleys, downspouts or the like or of the electrical, gas, power, conveyor, \nrefrigeration, sprinkler, airconditioning or heating systems, elevators or \nhoisting equipment; or by reason of the elements; or resulting from the \ncarelessness, negligence or improper conduct on the part of any other Tenant \nor this Tenant or any other Tenant's agents, employees, guests, licensees, \ninvitees, subtenants, assignees or successors; or attributable to any \ninterference with, interruption of or failure, beyond the control of the \nLandlord, of any services to be furnished or supplied by the Landlord.\n\n25.   NON-WAIVER BY LANDLORD. The various rights, remedies, options and \nelections of the Landlord, expressed herein, are cumulative, and the failure \nof the Landlord to enforce strict performance by the Tenant of the conditions \nand covenants of this Lease or to exercise any election or option or to \nresort or have recourse to any remedy herein conferred or the acceptance by \nthe Landlord of any installment of rent after any breach by the Tenant, in \nany one or more instances, shall not be construed or deemed to be a waiver or \na relinquishment for the future by the Landlord of any such conditions and \ncovenants, options, elections or remedies, but the same shall continue in \nfull force and effect.\n\n26.   HAZARDOUS SUBSTANCES. (a) Tenant agrees not to generate, store, \nmanufacture, refine, transport, treat, dispose of, or otherwise permit to be \npresent on or about the Premises any Hazardous Substances. As used herein, \nHazardous Substances shall be defined as any 'hazardous chemical,' 'hazardous \nsubstance' or similar term as defined in the Comprehensive Environmental \nResponsibility Compensation and Liability Act, as amended (42) U.S.C. 9601, \nET SEQ.), the New Jersey Environmental Cleanup Responsibility Act, as amended \n(N.J.S.A. 13:1K-6 ET SEQ.), the New Jersey Spill Compensation and Control \nAct, as amended (N.J.S.A. 58:10-23.11B ET SEQ.), any rules or regulations \npromulgated thereunder, or in any other applicable federal, state or local \nlaw, rule or regulation dealing with environmental protection. It is \nunderstood and agreed that the provisions contained in this Paragraph shall \nbe applicable notwithstanding the fact that any substance shall not be deemed \nto be a Hazardous Substances at the time of its use by the Tenant but shall \nthereafter be deemed to be a Hazardous Substance. Tenant agrees to indemnify \nand hold harmless the Landlord and each mortgagee of the Demised Premises \nfrom and against any and all liabilities, damages, claims, losses, judgments, \ncauses of action, costs and expenses (including reasonable attorneys' fees) \nwhich may be incurred by Landlord or\n\n\n                                      8\n\n\n\n\n\nany such mortgagee or threatened against the Landlord or such mortgagee, \nrelating to or arising out of any breach by Tenant of the terms of this \nParagraph, said indemnity to survive the expiration or earlier termination of \nthis Lease.\n\n      (b) Within thirty (30) days of request therefor by Landlord, Tenant \nshall provide Landlord with: (i) its Standard Industrial Classification \nNumber (said Standard Industrial Classification number to be obtained by \nreference to the then current Standard Industrial Classification Manual \nprepared and published by the Executive Office of the President, Office of \nManagement and Budget or the successor or such publications); and (ii) an \nopinion letter from the DEP (or such other agency or body as shall then have \njurisdiction over ECRA matters) in a form satisfactory to Landlord's counsel, \nstating the ECRA does not then apply to Tenant, Tenant's use and occupancy of \nthe Demised Premises and the closing, terminating or transferring of \noperations at the Demised Premises, a Negative Declaration (as said term is \ndefined in ECRA) duly approved by DEP or such other agency or body as shall \nthen have jurisdiction over ECRA matters, or a Cleanup Plan (as said term is \ndefined in ECRA) duly approved by DEP or such other agency or body as shall \nthen have jurisdiction over ECRA matters.\n\n27.   REAL ESTATE TAXES. Commencing no earlier than the second year of the \nterm hereof, upon receipt of written notification, Tenant shall pay, as \nadditional rent, its proportionate share of the increased real estate taxes \nassessed or imposed on the property over the base year (base year shall be \ndefined as the calendar year 1995). Such additional rent shall be paid \nmonthly or quarterly, as designated by Landlord. Landlord shall be entitled \nto the same remedies for non-payment of additional real estate taxes as for \nnon-payment of rent. Tenant's liability for such increase in real estate \ntaxes shall be imposed whether the increase is due to an increase in the tax \nrate or valuation or both. Tenant's proportionate share shall be determined \nby dividing the area of the Demised Premises by the total amount of leasable \nfloor area in the building.\n\n28.   MAINTENANCE. Commencing no earlier than the second year of the term \nhereof, upon receipt of written notification, Tenant shall pay, as additional \nrent, its proportionate share of the increase in operating expenses incurred \nby Landlord over the base year (base year shall be defined as the calendar \nyear 1995). Such additional rent is to be paid quarterly, and shall be \ndetermined by dividing the area of the Demised Premises by the total amount \nof area in the building. For purposes of this Lease, expenses for maintaining \nand operating the building shall mean and include those expenses incurred in \nrespect to the operation and maintenance of the building (excluding real \nestate taxes) in accordance with accepted principles of sound management and \naccounting practices as applied to the operation and maintenance of \nnon-institutional, first class office buildings, including, but not limited \nto, expenses for heat, water, snow removal, landscaping, insurance and \njanitorial services.\n\n29.   CONDEMNATION AND EMINENT DOMAIN. (a) In the event of a taking for any \npublic or quasi-public use or purpose, by any lawful power or authority, by \nexercise of the right of condemnation or eminent domain, or by agreement \nbetween Landlord and those having the authority to exercise such right \n(hereinafter called a 'Taking') of the entire Demised Premises or such \nsubstantial portion thereof so that the balance of the Demised Premises is \nnot suitable for the conduct of Tenant's normal business operations therein, \nthen this Lease and the terms hereof shall cease and expire on the date of \ntransfer of possession in connection with the Taking.\n\n      (b) In the event of a Taking of any portion of the Demised Premises as \na result of which this Lease is not terminated as provided above, or a Taking \nof more than forty (40%) percent of the\n\n\n                                      9\n\n\n\n\n\nleasable space at the Building (whether or not any portion of Demised \nPremises is included in the Taking), or a permanent denial or substantial \nimpairment of adequate access to the Building and Demised Premises, then, in \nsuch event, Landlord or Tenant may, at its option, terminate this Lease by \ngiving notice of termination to the other within sixty (60) days after \nreceipt by Tenant of notice that the Taking will occur, such notice of \ntermination to be effective as of the date of transfer of possession in \nconnection with the Taking.\n\n      (c) In the event this Lease is not terminated pursuant to the terms of \nthis Paragraph, then Landlord shall promptly commence and with due diligence \ncontinue to restore the portion of the Building and the Demised Premises \nremaining after the Taking to substantially the same condition and \ntenantability as existed immediately preceding the Taking, to the extent such \nrestoration may be accomplished with the available net proceeds of the award \nor payment to Landlord in connection with the Taking. During the period of \nrestoration by Landlord, if the Taking or such restoration shall cause a \nmaterial adverse impact on Tenant's business at Demised Premises, basic \nannual rent and additional rent shall be abated and adjusted in an equitable \nfashion. Upon completion of the restoration, basic annual rent and additional \nrent shall also be abated and adjusted in such manner as shall be just and \nequitable. In the event that Landlord shall fail to commence such restoration \nas hereinabove required, or if such restoration shall not be completed within \ntwelve (12) months from and after the date of transfer of possession in \nconnection with Taking, then, in either such event, Tenant shall have the \nright, as its exclusive remedy, to terminate this Lease by notice to \nLandlord, such notice to specify the effective date of termination.\n\n      (d) Whether or not this Lease shall be terminated pursuant to the terms \nof this Paragraph, Tenant shall have the right in connection with any Taking \nto assert all claims available to it for loss of leasehold improvements, \ntrade fixtures and equipment, and such other items of loss or damage as \nTenant shall suffer as a result of the Taking with respect to which Tenant \nshall, from time to time under applicable law, be permitted to make an \nindependent claim, provided that such claim by Tenant will not reduce the \naward or payment to Landlord in connection with the Taking.\n\n      (e) Notwithstanding any provision of this Paragraph, in no event shall \nLandlord be obligated to expend, in connection with the repair or restoration \nof the Demised Premises pursuant to this Paragraph, any amount in excess of \nthe award or payment in connection with the Taking. In the event that such \naward or payment shall be insufficient for the repair or restoration or in \nthe event that Landlord's mortgagee shall apply all or any portion of such \naward of payment to the reduction of the indebtedness secured by such \nmortgage, then to the extent of such unavailable award or payment, Landlord \nshall be excused from the performance of repair or restoration work hereunder.\n\n30.   HOLDING OVER BY TENANT. If Tenant shall remain in possession of the \nDemised Premises after the conclusion of the term of this Lease (and any \nrenewal terms), Tenant shall become a month-to-month tenant under the \nprovisions herein provided, but at a monthly basic rental equal to two (2) \ntimes the basic annual rental as set forth in Paragraph 2 herein. However, \nthe amount due for additional rental shall remain as set forth in this Lease. \nSuch month-to-month tenancy shall then continue until terminated by either \nLandlord or Tenant, upon sixty (60) days prior written notice to the other \nparty, but, in any event, such termination shall not occur on a date other \nthan the last day of a calendar month.\n\n31.   RIGHT TO EXHIBIT. The Tenant agrees to permit the Landlord and the \nLandlord's agents, employees or other representatives to show the premises to \npersons wishing to rent or purchase the same\n\n\n                                      10\n\n\n\n\n\non and after six (6) months next preceding the expiration of the term hereof.\n\n32.   BROKER'S COMMISSION. The parties hereto hereby agree that there was no \nbroker in this matter. Landlord and Tenant hereby indemnify and hold each \nother harmless for any and all claims by any brokers in connection with this \ntransaction.\n\n33.   OPTIONAL RENEWAL PERIOD. Tenant shall have the right to renew the \nwithin Lease for one (1) term of three (3) years, consecutive with the term \nherein provided, at the then prevailing 'fair market rent'. Tenant shall give \nthe Landlord no less than six (6) months prior written notice by Certified \nMail, Return Receipt Requested, of Tenant's intention to exercise the option \nto renew.\n\n34.   OPTIONAL RENEWAL PERIOD - RENT. The 'fair market rent' as contemplated \nby Paragraph 33 hereof shall be determined as follows: Landlord shall notify \nTenant of Landlord's opinion of the fair market rent for the Renewal Period \nat lease six (6) months prior to the end of the then current term hereof. If \nTenant disputes Landlord's opinion, Tenant shall, within thirty (30) days \nafter Landlord's said notice, by written notice to Landlord, either withdraw \nits exercise of its renewal option or notify Landlord that Tenant elects \narbitration in accordance with then prevailing Rules of Commercial \nArbitration of the American Arbitration Association. The said Association \nshall designated an appraiser familiar with office buildings located in the \nMiddlesex County, New Jersey area. The arbitrator shall, after hearing \ntestimony from the parties and their expert witnesses, have the authority to \nfix and determine the fair market rent for the Renewal Period. Each party \nshall pay the cost and expenses of its own expert witnesses and attorneys \nfees, and the cost of the arbitration shall be shared equally by the parties.\n\n35.   TENANT'S ESTOPPEL. If, at any time after the commencement of the term \nhereof, Landlord or Tenant shall make written request therefor, Landlord or \nTenant shall, within Tenant (10) days after such request, deliver to the \nother a written instrument, duly executed by Landlord or Tenant, certifying, \nif such be the case: (i) that this Lease is in force and effect; (ii) that \nthis Lease has not been modified, amended or supplemented or specifying the \nmodification, amendment or supplement; (iii) that Tenant or Landlord, as the \ncase may be, is not in default hereunder, or if it is then in default, \nspecifying the nature of the default and whether or not the time period for \ncuring same has expired; (iv) the date or dates through which basic annual \nrent and additional rent have been paid; and (v) that there are no offsets or \ndeductions against basic annual rent or additional rent, or if any are \nclaimed, specifying the amount thereof and the basis therefor.\n\n36.   GOVERNING LAW. This Lease, and the rights and obligations of the \nparties thereto, shall be interpreted and construed in accordance with the \nlaws of the State of New Jersey.\n\n37.   PARTIAL INVALIDITY. If any provision of this Lease shall be determined \nby a court of competent jurisdiction to be invalid, such determination shall \nnot affect any of the other provisions of this Lease and such other \nprovisions shall remain in full force and effect. If any provision of this \nLease shall be capable of two constructions, one of which would render the \nprovision valid and the other of which would render it invalid, then such \nprovision shall have the construction and meaning which would render it valid.\n\n38.   NOTICES. All notices required under the terms of this Lease shall be \ngiven and shall be complete by mailing such notices by certified or \nregistered mail, return receipt requested, to the address of the parties as \nshown at the head of this Lease, or to such other address as may be \ndesignated in writing, which notice of change of address shall be given in \nthe same manner.\n\n\n                                      11\n\n\n\n\n\n39.   TITLE AND QUIET ENJOYMENT. The Landlord covenants and represents that \nthe Landlord is the owner of the premises herein leased and has the right and \nauthority to enter into, execute and deliver this Lease; and does further \ncovenant that the Tenant on paying the rent and performing the conditions and \ncovenants herein contained, shall and may peaceably and quietly have, hold \nand enjoy the leased premises for the term aforementioned.\n\n40.   ENTIRE CONTRACT. This Lease contains the entire contract between the \nparties. No representative, agent or employee of the Landlord has been \nauthorized to make any representations or promises with reference to the \nwithin letting or to vary, alter or modify the terms hereof. No additions, \nchanges or modifications, renewals or extensions hereof, shall be binding \nunless reduced to writing and signed by the Landlord and the Tenant.\n\n41.   RIGHT OF FIRST REFUSAL. Tenant shall have the right of first refusal to \nlease any available space contiguous to the Demised Premises as shown on \nExhibit A attached hereto. Tenant shall respond to Landlord's written notice \nwithin five (5) business days. In the event that Tenant fails to respond \nwithin said time period, Tenant's right of first refusal shall have been \nwaived.\n\n\n\n\n      The Landlord may pursue the relief or remedy sought in any invalid \nclause, by conforming the said clause with the provisions of the statutes or \nthe regulations of any governmental agency in such case made and provided as \nif the particular provisions of the applicable statutes or regulations were \nset forth herein at length.\n\n      In all references herein to any parties, persons, entities or \ncorporations the use of any particular gender or the plural or singular \nnumber is intended to include the appropriate gender or number as the text of \nthe within instrument may require. All the terms, covenants and conditions \nherein contained shall be for and shall inure to the benefit of and shall \nbind the respective parties hereto, and their heirs, executors, \nadministrators, personal or legal representatives, successors and assigns.\n\n      IN WITNESS WHEREOF, the parties hereto have set their hands and seals \nthe day and year first above written:\n\nWITNESS OR ATTEST:                     METRO PARK ASSOCIATES - LANDLORD\n\n\n\n                                       BY: \/s\/ (Signature)\n-------------------------                 -------------------------\n\n\n                                       STARCOM - TENANT\n\n\n                                       BY: \/s\/ (Signature)\n-------------------------                 --------------------------\n\n\n\n\n\n\n                                    EXHIBIT B\n                              RULES AND REGULATIONS\n\n\n1.    OBSTRUCTION OF PASSAGEWAYS. The sidewalks, entrances, passages, courts, \nelevators, vestibules, stairways, corridors and public parts of the Building \nshall not be obstructed or encumbered by Tenant or used by Tenant for any \npurpose other than the purpose for which they were intended\n\n2.    PROJECTIONS FROM BUILDING. No equipment or other fixtures shall be \nattached to the outside walls or the windowsills of the Building or otherwise \naffixed so as to project from the Building without the prior written consent \nof the Landlord.\n\n3.    SIGNS. Except as otherwise provided in this Lease, no sign or lettering \nshall be affixed by Tenant to any part of the outside of the premises, or any \npart of the inside of the premises so as to be clearly visible from the \noutside of the premises without the prior written consent of the Landlord.\n\n4.    WINDOWS. Windows in the premises shall not be covered or obstructed by \nTenant. No bottles, parcels or other articles shall be placed on the \nwindowsills, in the halls, or in any other part of the Building other than \nthe premises.\n\n5.    FLOOR COVERING. Tenant shall not lay linoleum or other similar floor \ncovering so that the same shall come in direct contact with the floor of the \npremises. If linoleum or other similar floor covering is desired to be used, \nan interlining of builder's deadening felt first shall be fixed to the floor \nby a paste or other material that may be easily removed with water, with the \nuse of cement or other similar material being expressly prohibited.\n\n6.    INTERFERENCE WITH OCCUPANTS OF BUILDING. Tenant shall not make, or \npermit to be made, any unseemly or disturbing noises or odors and shall to \ninterfere with the other tenants or those having business with them.\n\n7.    LOCKS AND KEYS. No additional locks or bolts of any kind shall be \nplaced on any of the doors by Tenant. Tenant shall, upon termination of \nTenant's tenancy, deliver to Landlord all keys to any space within the \nBuilding, either furnished to or procured by Tenant, and in the event of the \nloss of any keys furnished, Tenant shall pay to Landlord the cost of \nreplacement thereof.\n\n8.    MOVEMENT OF FURNITURE, FREIGHT OR BULKY MATTER. The carrying in or out \nof freight, furniture or bulky matter of any description must take place \nduring such hours as Landlord may, from time to time, reasonably determine \nand only after advance notice to Landlord. The persons employed by Tenant for \nsuch work must be reasonably acceptable to Landlord. Tenant may, subject to \nsuch provisions, move freight, furniture, bulky matter, and other material \ninto or out of the premises on Saturdays between the hours of 9:00 a.m. and \n1:00 p.m., provided that Tenant shall pay for any additional costs incurred \nby Landlord for elevator operators or security guards, and for other expenses \noccasioned by such activity of Tenant. If, at least five (5) days prior to \nsuch activity, Landlord requests that Tenant deposit with Landlord, as \nsecurity for Tenant's obligation to pay such additional costs, a sum which \nLandlord reasonably estimates to be the amount of such additional cost, the \nTenant shall deposit such amount with Landlord as security for such cost.\n\n9.   SAFES AND OTHER HEAVY EQUIPMENT. Landlord reserves the right to \nprescribe the weight and position of all safes and other heavy equipment so \nas to distribute properly the weight thereof and to prevent any unsafe \ncondition from arising. Business machines and other equipment shall be placed \nand maintained by Tenant at Tenant's expense in settings sufficient in \nLandlord's reasonable\n\n\n\n\n\njudgment to absorb and prevent unreasonable vibration, noise and annoyance.\n\n10.   NON-OBSERVANCE OR VIOLATION OF RULES BY OTHER TENANTS. Landlord shall \nnot be responsible to Tenant for the non-observance or violation of any of \nthese rules and regulations by any other tenant.\n\n11.   AFTER HOURS USE. Landlord reserves the right to exclude from the \nBuilding, between the hours of 6:00 p.m. and 8:00 a.m. and at all hours on \nSaturdays, Sundays and Building holidays, all persons who do not present a \npass to the Building signed by the Tenant. Each Tenant shall be responsible \nfor all persons for whom such a pass is issued and shall be liable to the \nLandlord for the acts of such person.\n\n12.   PLUMBING FACILITIES USE. Tenant shall not use the Building's plumbing \nfacilities for any purpose other than that for which they were constructed \nand will not permit any foreign substance of any kind to be thrown therein \nand the expense of repairing any breakage, seepage or damage, no matter where \noccurring, resulting from a violation of this provision by Tenant or its \nagents, servants, employees, invitees or licensees shall be borne by Tenant. \nWasteful and excessive or unusual use or misuse of Building standard office \nelectrical service, water, sewer or other utilities is hereby expressly \nprohibited.\n\n13.   VEHICLES. No bicycles, mopeds, motorcycles or other vehicles of any \nkind shall be brought into or kept in, on or about the premises, Building or \nBuilding area, except in those locations specifically designated by Landlord \nfor same.\n\n14.   ANIMALS. No animal of any kind shall be brought into, kept in, on or \nabout the premises, Building or Building area, other than seeing eye dogs.\n\n15.   LANDLORD'S RIGHTS. Landlord hereby reserves to itself any and all \nrights not granted to Tenant hereunder, including, but not limited to the \nfollowing rights which are reserved to Landlord for its purposes in operating \nthe Building:\n\n      (a) the exclusive right to the use of the name of the Building for all \npurposes, except that Tenant may use the name as its business address and for \nno other purpose;\n\n      (b) the right to change the name of the Building at any time and from \ntime to time, without incurring any liability to Tenant for so doing;\n\n      (c) the right to install and maintain a sign or signs on the exterior \nof the Building and\/or anywhere in the Building area; and\n\n      (d) the right to grant anyone the right to conduct any particular \nbusiness or undertaking in the Building or Building area.\n\n16.   MOVING. Moving in and out of the Building must be coordinated with the \nLandlord. At the discretion of the Landlord, moving may be required to be \ndone under the supervision of the management personnel. No furniture will be \nmoved in the Building's elevators without the permission of the Landlord and \nuntil necessary pads have been installed.\n\n\n\n\n                            ADDENDUM TO LEASE BETWEEN\n                         METROPARK ASSOCIATES, LANDLORD\n                               AND STARCOM, TENANT\n\n1.    This Addendum is hereby made a part of the attached Lease. Where the \n      terms ofthis Addendum differ from the terms of the Lease, this Addendum \n      shall control.\n\n2.    The Lease is hereby amended to provide that the Demised Premises shall\n      consist of a total of 6,668 square feet, rather than 3,962 square feet.\n\n3.    The Lease is hereby amended to provide that, commencing on May 31, 1995, \n      the rent for the Demised Premises shall be One Hundred Three Thousand \n      Three Hundred Fifty Four Dollars per annum ($103,354). Eight Thousand Six\n      Hundred Twelve ($8,612) Dollars Per Month, due and payable on the first \n      day of each calendar month.\n\n4.    The Lease is hereby amended to provide that Tenant shall pay, as \n      additional rent, the cost of Tenant's electrical usage, based upon an \n      energy audit to be performed by a licensed energy audit company chosen \n      by the Landlord. Landlord estimates that Tenant's costs shall be $194.91 \n      per month (based on previous usage for smaller space). However, this \n      amount is subject to increase pursuant to the results of the energy \n      audit, which audit shall be performed within sixty (60) days from date \n      of execution of this Agreement.\n\n5.    The Lease is hereby amended to provide that Tenant's proportionate share \n      for purposes of operating expense and tax reimbursement shall be 4.95%.\n\n6.    The Lease is hereby amended to provide that Tenant shall be provided with\n      a total of five (5) reserved parking spaces, marked 'Starcom'.\n\n7.    ALL OTHER TERMS AND CONDITIONS OF THE LEASE DATED APRIL 19, 1995 SHALL \n      REMAIN THE SAME.\n\n      IN WITNESS WHEREOF, the parties hereto set their hands and seals.\n\n                                         METRO PARK ASSOCIATES - LANDLORD\n\n\n\nDated:       [ILLEGIBLE]                  BY:  \/S\/ [ILLEGIBLE\n      ---------------------------           ---------------------------------\n\n                                         STARCOM - TENANT\n\n\n\n                                         BY:  \/S\/ [ILLEGIBLE\n                                            ---------------------------------\n\n :  PAGE&gt;\n\n\n[Floor Plan]\n\n\n\n\n\n                            ADDENDUM TO LEASE BETWEEN\n                         METRO PARK ASSOCIATES, LANDLORD\n                           AND UTSTARCOMM, INC, TENANT\n\n1.    This Addendum is hereby made a part of the attached Lease. Where the \n      terms of this Addendum differ from the terms of the Lease, this Addendum \n      shall control.\n\n2.    Paragraph 1 of the Lease is hereby amended to provide that the Demised\n      Premises shall consist of a total of 10,067 rentable square feet, rather\n      than 6,668 square feet.\n\n3.    Paragraph 2 of the Lease is hereby amended to provide that, commencing \n      July 1, 1996, the rent for the Demised Premises shall be Thirteen \n      Thousand One Hundred Forty-Four and 00\/100 ($13,144.00) Dollars Per \n      Month, due and payable on the first day of each calendar month.\n\n4.    Paragraphs 27 and 28 of the Lease are hereby amended to provide that,\n      effective July 1, 1996, Tenant's proportionate share shall be 7.53%.\n\n5.    All other terms and conditions of the lease dated shall remain the same.\n\n      IN WITNESS WHEREOF, the parties hereto set their hands and seals.\n\n                                        METRO PARK ASSOCIATES - LANDLORD\n\n\n\nDated:   6\/17\/96                        BY:  \/s\/ (Signature)\n      --------------------------           -------------------------------\n\n                                        UTSTARCOMM, INC. - TENANT\n\n\n\nDated:   6\/11\/96                        BY:  \/s\/ (Signature)\n      --------------------------           -------------------------------\n\n\n\n\n\n                                ADDENDUM TO LEASE\n                     BETWEEN METRO PARK ASSOCIATES, LANDLORD\n                           AND UTSTARCOMM, INC, TENANT\n\n1.    This Addendum is hereby made a part of the attached Lease. Where the \n      terms of this Addendum differ from the terms of the Lease, this Addendum\n      shall control.\n\n2.    Paragraph 1 of the Lease is hereby amended to provide that, effective \n      on the later of: (a) completion of Landlord's Work as described in \n      Exhibit A attached hereto; or (b) August 1, 1997, (hereinafter the 'New \n      Commencement Date'), the Demised Premises shall consist of 12,080 \n      rentable square feet of eighth floor space (the 'New Demised Premises').\n      The Paragraph is further amended to provide that the initial term of the \n      Lease shall expire on July 31, 1998.\n\n3.    Paragraph 2 of the Lease is hereby amended to provide that, commencing \n      on the New Commencement Date, the basic rent shall be the sum of Two \n      Hundred One Thousand Three Hundred Seventy-Three and 60\/100 ($201,373.60)\n      Dollars Per Annum; Sixteen Thousand Seven Hundred Eighty-One and 13\/100 \n      ($16,781.13) Dollars Per Month, due and payable in advance on the first \n      day of each calendar month.\n\n4.    Paragraphs 27 and 28 of the Lease are hereby amended to provide that \n      Tenant's proportionate share shall be 9.06%.\n\n5.    The Lease is hereby amended to provide that Tenant shall be responsible \n      for the costs of installation of data and telephone wiring for Select \n      Software Tools, Inc., another tenant in the Building. In addition, \n      Tenant shall share equally with Landlord with costs of moving the \n      operations of Select Software Tools, Inc. from their current location \n      to their new location in the Building.\n\n6.    The Lease is hereby amended to provide that Tenant shall have the right \n      to renew this Lease, for two (2) terms of one (1) year each, consecutive \n      with the initial term, at the same terms and conditions as the original \n      Lease, as modified. Tenant shall provide Landlord with sixty (60) days \n      prior written notice of its intention to exercise its right to renew this\n      Lease.\n\n      IN WITNESS WHEREOF, the parties set their hands and seals this ______\nday of July, 1997.\n\nWITNESS OR ATTEST:                      METRO PARK ASSOCIATES - LANDLORD\n\n\n\n                                        BY:  CHAUNCEY SHEY\n------------------------------             ------------------------------\n\n                                        UTSTARCOMM, INC. - TENANT\n\n\n\n                                        BY:  \/s\/ (Signature)\n------------------------------             ------------------------------\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[9205],"corporate_contracts_industries":[9516],"corporate_contracts_types":[9601,9579],"class_list":["post-41682","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-utstarcom-inc","corporate_contracts_industries-telecommunications__equipment","corporate_contracts_types-land__nj","corporate_contracts_types-land"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/41682","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=41682"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41682"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41682"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41682"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}