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Amendment Of Lease Dated April 1, 1994

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Sectors: Banking
Effective Date: April 01, 1994
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EXHIBIT 10(ii)


AMENDMENT OF LEASE
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THIS AMENDMENT OF LEASE (this "Amendment") effective as of the 1st day of April, 1994 between EQUITABLE FEDERAL STREET REALTY COMPANY LIMITED PARTNERSHIP, a Massachusetts limited partnership, having an address at 75 State Street, Boston, Massachusetts 02109 ("Landlord"), and THE FIRST NATIONAL BANK OF BOSTON, a national banking association duly organized and existing under the laws of The United States of America having its principal place of business at 100 Federal Street, Boston, Massachusetts 02110 ("Tenant").


BACKGROUND
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Landlord and Tenant are Landlord and Tenant, respectively, under an Indenture of Lease having an effective date of September 1, 1991 (the "Original Lease"), covering certain premises at 100 Federal Street, Boston, Massachusetts (the "Building"), as amended by a Letter Agreement dated February 5, 1992, an Amendment of Lease dated July 2, 1993 and an Amendment of Lease dated as of March 31, 1994 (as so amended, the Original Lease shall be referred to hereinafter as the "Lease"). The parties desire to add certain floors of the Building to the Premises under the Lease and to amend the Lease in certain other respects, all as hereinafter set forth. Capitalized terms not defined herein shall have the meaning ascribed to them in the Lease.


WITNESSETH:
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NOW, THEREFORE, the parties hereby agree as follows:


1. Effective as of the date hereof, the Areas shown on Schedule P-1 attached hereto (collectively, "Space D") are hereby added to the Premises under the Lease. Space D shall be treated as a "Space" for all purposes of the Lease. All terms and provisions of the Lease (as amended hereby) shall be applicable to Space D, including, without limitation, Tenant's obligation to make Operating Expense and Imposition payments with respect to Space D in accordance with Section 2 of Article III of the Lease, except: (i) the term of the Lease for Space D shall commence as of the date hereof and shall expire on December 31, 2008 (the "Space D Initial Term"); (ii) Space D shall not be considered to be part of either Space A or Space B; (iii) the Base Rent and the Tenant Improvement Allowance for Space D shall be as set forth in Sections 2 and 3 hereof; (iv) Tenant's right to extend the term of the Lease with respect to Space D shall be as set forth in Section 4 hereof; and (v) the Operating Expenses Stop for Space D shall be $8.00 per square foot and the Impositions Stop for Space D shall be $6.00 per square foot.


2. Tenant shall pay Base Rent for the Areas included in Space D at the annual rates specified in Schedule R-1 for such Areas, including the adjustments in such rates noted in Schedule R-1 for different time periods during the Space D Initial Term.


3. Landlord shall provide Tenant with a Tenant Improvement Allowance for the Areas included in Space D in amounts not exceeding the amounts specified in Schedule R-1. Such Tenant Improvement Allowance shall be subject to the provisions regarding the Tenant


Improvement Allowance set forth in Section 3 of Article XVI of the Lease, provided, however, that in no event shall Landlord be obligated to pay any portion of the Tenant Improvement Allowance for any portion of any Space if such payment would result in the total unexpended Tenant Improvement Allowance for all Spaces to be less than the portion of the Tenant Improvement Allowance applicable to the Areas in Space D for which Base Rent shall not have become payable under Schedule R-1.


4. In addition to its options to extend the term of the Lease for other Spaces, Tenant shall have the successive options to extend the term of the Lease (with respect to Space D only) for two (2) successive five (5) year periods from and after December 31, 2008, which options shall be otherwise subject to the same terms and conditions that are applicable to the options for Space A and Space B under Section 3 of Article II of the Original Lease. With respect to each floor included in Space D, "$48.50 per square foot per annum" appearing in clause (a) of the third paragraph of Section 3 of Article III of the Original Lease shall be deemed to read "the annual rate of Base Rent per square foot for such floor in effect during year 2008 according to Schedule R-1".


5. Landlord shall perform the work to the Areas included in Space D necessary to bring such Premises into the condition required by Schedule COND to the Lease. Landlord's work under this Section 5 shall be accomplished in a timely manner in phases on a floor-by-floor basis on a schedule to be determined in consultation with, and as reasonably approved by, Tenant. Each floor in Space D in which Landlord shall perform work under this Section 5 shall remain part of the Premises during such work, and during such work all of Tenant's obligations under the Lease with respect to each such floor shall remain in full force and effect, including any obligation to pay rent and additional rent therefor.


6. In order to defray certain of Landlord's costs incurred in constructing improvements to the main lobby of the Building and the Building plaza, Tenant shall pay on the first day of each month, in addition to Tenant's monthly payments on account of Base Rent, Operating Expenses and Impositions, an additional monthly amount of rent equal to the monthly payment required to pay in full, on a direct reduction basis over an amortization period equal to the length of the "Repayment Period" (defined herein), an amount equal to Tenant's Share (hereinafter defined) of the amount, if any, by which the "project cost" (hereinafter defined) shall exceed $10,000,000, with interest at a rate equal to the sum of one percent (1%) plus Tenant's Base Rate in effect on the date the first
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