FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT (" Amendment ") is hereby made and entered into as of August 7, 2006 by and between KDC-CAROLINA INVESTMENTS 3, LP, a Delaware
limited partnership (" Landlord "), and 3D SYSTEMS CORPORATION, a Delaware corporation (" Tenant "), effective as of the 15th day of June, 2006.
R E C I T A L S :
WHEREAS, Landlord and Tenant have heretofore entered into that certain Lease Agreement dated February 8, 2006 (the " Lease Agreement "); and
WHEREAS, Exhibit F to the Lease Agreement provides, among other things, that in the event that certain Scope Changes (as defined in Exhibit F to the Lease Agreement) occur, either (a) Base Rent (as defined in the Lease Agreement) will be
adjusted as provided for in Exhibit F, or (b) Tenant shall have the right to fund all or such portion of such excess costs in which case Base Rent will not be adjusted as a result of such Tenant expenditures; and
WHEREAS, certain Scope Changes have occurred as hereinafter set forth, and Landlord and Tenant desire to provide for the funding of such Scope Changes.
A G R E E M E N T :
NOW, THEREFORE, for and in consideration of the premises and Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as
follows:
1. Defined Terms : All capitalized but undefined terms used in this Amendment shall have the meaning given such terms in the Lease Agreement.
2. Nature of Scope Changes . The Scope Changes that have occurred are as follows:
a. Concealed Site Condition Scope Change . A change in the Improvements resulting from concealed site conditions under the Land (the "
Concealed Site Conditions ") in the amount of $150,206, the cost of which shall be shared between Landlord and Tenant as provided for in Exhibit F to the Lease Agreement. This amount has been incurred by Landlord to date; however, in completing
the Improvements Landlord may encounter additional Concealed Site Conditions that will be the subject of the cost sharing provisions of Exhibit F to the Lease Agreement.
b. Additions to Tenant Finish . As a result of the development of the Final Tenant Improvement Plans and Specifications provided for by Section 2(d) of the Lease Agreement, and based upon the
May 4, 2006 Merriman Schmitt drawings and the May 22, 2006 Choate estimate, the final estimated amount of the Tenant Improvement Costs has been determined to be $4,855,718, which is $2,016,718 in excess of the $2,839,000 Tenant Allowances provided theref ...
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