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EXHIBIT 10.4.3
THIRD AMENDMENT TO LEASE
LESSOR: ATHENAEUM REALTY NOMINEE TRUST
LESSEE: BITSTREAM, INC.
DATE OF LEASE: MARCH 17, 1992;
(FIRST AMENDMENT SEPTEMBER 7, 1993;
SECOND AMENDMENT JULY 14, 1994)
PREMISES: ATHENAEUM HOUSE, 215 FIRST STREET,
CAMBRIDGE, MASSACHUSETTS
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of
which are hereby acknowledged, the lease between Athenaeum Realty Nominee Trust
as Lessor and Bitstream Inc., a Delaware corporation, as Lessee dated March 17,
1992, and amended on September 7, 1993 and by letter agreement on July 14,
1994), is hereby amended for the third time effective July 15, 1996, as follows:
1. "EXPANDED LEASED PREMISES." Effective July 15, 1996 (the
"Effective Date"), the Leased Premises shall be expanded to
include approximately 2,800 rentable square feet ("Expanded
Leased Premises"), more or less, on the ground floor of the
Building as shown on Exhibit A hereto. Lessee agrees it is
leasing the Expanded Leased Premises in its "as is" condition,
except that the Expanded Leased Premises shall be delivered in
vacuumed clean condition, free of debris and personal effects,
and all systems to be maintained by Landlord under the lease
shall be in good working order. The "Action Items" on the punch
list attached as Exhibit C also should be addressed by Lessor.
2. INCREASED RENT. The Base Rent for the Leased Premises shall be
increased as of the Effective Date by $28,000 per year,
calculated as 2,800 square feet at $10.00 per rentable square
feet.
3. INCREASED RENT ADJUSTMENT. As of the Effective Date, the Rent
Adjustment percentage in Paragraph 5 shall be increased from
6.03 percent to 7.01 percent.
4. TERM; OPTION TO EXTEND. The term of the Lease shall remain
unchanged. Lessee may elect to exclude the Expanded Leased
Premises from its exercise of any option to extend the Lease.
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Third Amendment to Lease dated March 17, 1992 June 15, 1996
Athenaeum Realty Nominee Trust and Bitstream Inc. Page 2
5. RIGHT OF FIRST REFUSAL. Lessee shall enjoy the right, provided that
Lessee then occupies the Leased Premises and is not in default
hereunder, of first refusal to lease the ground floor space containing
approximately 4,700 RSF (as shown on Exhibit B hereto), ("First Refusal
Space") if it should become available during the Term, as set forth
below:
5.1. Upon the First Refusal Space becoming vacant, and prior to listing
it with any broker (or otherwise offering First Refusal Space for
rent to any party other than the party currently occupying the
First Refusal Space), Lessor shall notify Lessee in writing of the
availability of the First Refusal Space, stating its rentable
square footage and the terms and conditions upon which it is being
offered ("First Refusal Space Notice").
5.2. Lessee shall then have until 5:00 p.m. on the tenth (10th) business
day following receipt of the First Refusal Space Notice with which
to accept the offer.
5.3. If Lessee accepts the offer within the time period above described,
then the First Refusal Space shall automatically be added to the
Leased Premises on the terms set forth in the First Refusal Space
Notice, and the terms of this lease shall automatically be adjusted
to reflect the First Refusal Space.
5.4. If, by the end of time period above described in Section 5.2 above,
Lessee has failed or declined to accept such offer, Lessor may rent
the First Refusal Space to any proposed tenant for the offered
price or higher (but not a lower one).
6. RIGHT TO TERMINATE. If, during the Lease Term, upon mutual agreement and
execution of a mutually satisfactory lease by both parties, the Lessee
occupies the 4700 RSF space referenced in Section 5 above, Lessee shall
have the right to require the Lessor to terminate Lessee's lease
obligations on the Expanded Leased Premises effective upon Lessee's said
occupation of the First Refusal Space.
7. BROKER. The Lessor and Lessee each represent and warrant to the other
that each has had no dealings with any Brokers concerning this lease
other than Robert A. Jones & Co., and each party agrees to indemnify and
hold the other harmless for any damages occasioned to the other by
reason of a breach of this representation and warranty.
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Third Amendment to Lease dated March 17, 1992 June 15, 1996
Athenaeum Realty Nominee Trust and Bitstream Inc. Page 3
8. CONSTRUCTION; INTERPRETATION. To the extent this lease amendment
conflicts with the existing lease, this amendment shall control.
Both parties acknowledge the lease remains in full force and effect.
Other than stated in this amendment, all other terms and conditions
remain the same.
EXECUTED as a sealed instrument this 15th day of June 1996.
ATHENAEUM NOMINEE REALTY TRUST
By: /s/ /s/
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Trustee Witness
BITSTREAM INC.
By: /s/ /s/
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Vice president, Treasurer and Witness
Chief Financial Officer
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EXHIBIT A
Floor Plan
SUITE # USE AREA SUITE # USE AREA
001 OF 4700 008 OF 3000
002 OF 8030 009 STG 300
003 OF 1400
004 OF 100 "Expanded Leased
005 OF 350 Premises"
006 OF 8800
006A-6000 RSF
006B-2800 RSF
007 SPE 8351 (2800 RSF)
THE ATHENAEUM HOUSE
215 First Street, Cambridge Lower Level Rev. May 1, 1993
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EXHIBIT B
Floor Plan
SUITE # USE AREA SUITE # USE AREA
001 OF 4700 008 OF 3000
002 OF 8030 009 STG 300
003 OF 1400
004 OF 100 "Right of First Refusal
005 OF 350 Space"
006 OF 8800
007 SPE 8351
THE ATHENAEUM HOUSE
215 First Street, Cambridge Lower Level Rev. May 1, 1993
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Exhibit C
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2,800 SQ. FEET, FIRST STREET ("EXPANDED LEASED PREMISES")
PUNCH LIST FOR THE ATHENAEUM GROUP ("TAG")
June 10, 1996
Action Items
1. Space shall be delivered clean.
2. Two of the offices have had wall holes patched for painting,
with no paint applied. These patches should be painted.
3. Two of the office doors are missing hardware (strike plates and
latches) for the door knobs. They should be repaired/replaced in advance of
our occupancy.
4. One of the offices is missing a door stop, and it should be replaced
to avoid damage to the wall.
5. Have the front door lock changed.
6. The walls are loaded with hollow wall anchors that were used to
hold up whiteboards.
7. There is large hole in the wall in the back of one of the HVAC
rooms.