TWENTY-THIRD AMENDMENT OF LEASE CONTRACT
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THIS TWENTY-THIRD AMENDMENT OF LEASE CONTRACT ("Twenty-Third Amendment") is entered into between NINE GREENWAY, LTD., a Texas limited partnership ("Landlord"), and A I M MANAGEMENT GROUP INC., a Delaware corporation ("Tenant"), with reference to the following:
A. Nine Greenway Venture (predecessor in interest to Landlord) and Tenant entered into a Lease Contract dated April 14, 1980, First Amendment of Lease Contract dated January 29, 1981, Second Amendment of Lease Contract dated November 12, 1982, Third Amendment of Lease Contract dated August 17, 1984, Fourth Amendment of Lease Contract dated April 28, 1986, Fifth Amendment of Lease Contract dated December 11, 1986, Sixth Amendment of Lease Contract dated August 6, 1987, Seventh Amendment of Lease Contract dated February 4, 1988, and Eighth Amendment of Lease Contract dated January 6, 1989, and Landlord and Tenant entered into a Ninth Amendment of Lease Contract dated March 27, 1990, Tenth Amendment of Lease Contract dated June 12, 1990, Eleventh Amendment of Lease Contract dated August 27, 1990, Twelfth Amendment of Lease Contract dated July 15, 1991, Thirteenth Amendment of Lease Contract dated January 13, 1992, Fourteenth Amendment of Lease Contract dated July 17, 1992, Fifteenth Amendment of Lease Contract dated July 17, 1992, Sixteenth Amendment of Lease Contract dated August 10, 1992, Seventeenth Amendment of Lease Contract dated February 25, 1993, Eighteenth Amendment of Lease Contract dated April 22, 1994, Nineteenth Amendment of Lease Contract dated March 31, 1995, Twentieth Amendment of Lease Contract dated July 31, 1995, Twenty-First Amendment of Lease Contract dated August 1, 1995 and Twenty-Second Amendment of Lease Contract (the "Twenty-Second Amendment") dated December 1, 1995 (as amended, the "Lease") covering approximately 252,676 square feet of Rentable Area consisting of: approximately 9,671 square feet of Rentable Area on the Concourse Level; the entirety of the sixth (6th) floor; the entirety of the seventh (7th) floor; approximately 17,741 square feet of Rentable Area on the eleventh (11th) floor [of which approximately 10,940 square feet of Rentable Area shall become effective on or about November 16, 1996]; approximately 12,645 square feet of Rentable Area on the twelfth (12th) floor; the entirety of the thirteenth (13th) floor; approximately 9,655 square feet of Rentable Area on the seventeenth (17th) floor; the entirety of the eighteenth (18th) floor; the entirety of the nineteenth (19th) floor; the entirety of the twenty-third (23rd) floor; the entirety of the twenty-fourth (24th) floor; the entirety of the twenty-fifth (25th) floor; and approximately 11,904 square feet of Rentable Area on the twenty-sixth (26th) floor [of which approximately 9,386 square feet of Rentable Area shall become effective on or about March 16, 1996 and approximately 2,518 square feet of Rentable Area shall become effective on or about April 16, 1996] of the building known as Summit Tower, Eleven Greenway, Houston, Texas (the "Building").
B. The parties have discovered minor errors in the square footage amounts stated in certain prior amendments to the Lease for those portions of the Leased Premises located on the eighteenth (18th) and nineteenth (19th) floors of the Building.
C. Landlord and Tenant now desire to enter into this Twenty-Third Amendment in order to (i) correct such errors; (ii) restate the square footage of Rentable Area currently under Lease; (iii) adjust the Rent Schedule and the Building Operating Cost accordingly; and (iv) provide for a credit to Tenant for over-payments of Base Rental and Building Operating Cost, as provided more fully below.
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 2 1. CORRECTION OF SQUARE FOOTAGE.
a. Effective as of the original date of leasing the space, the Rentable Area leased by Tenant on the eighteenth (18th) floor of the Building shall be decreased from 23,907 square feet to 23,782 square feet, thereby reducing the space by 125 square feet.
b. Effective as of the original date of leasing the space, the Rentable Area leased by Tenant on the nineteenth (19th) floor of the Building shall be decreased from 24,187 square feet to 23,782 square feet, thereby reducing the space by 405 square feet.
2. REVISED SQUARE FOOTAGE. Landlord and Tenant confirm that the Rentable Area leased by Tenant pursuant to the Lease as of the date of this Twenty-Third Amendment is as follows (subject to Tenant's anticipated occupancy of the remaining expansion spaces specified in the footnotes below):
Floor Sq. Ft. of Rentable Area
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