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First Amendment To Office/Warehouse Lease

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EXHIBIT 10.2


FIRST AMENDMENT TO OFFICE/WAREHOUSE LEASE


THIS FIRST AMENDMENT TO OFFICE/WAREHOUSE LEASE is made this 30th day of April, 1996, by and between OPUS CORPORATION, a Minnesota corporation, hereinafter referred to as "Lessor," and HUTCHINSON TECHNOLOGY, INC., a Minnesota corporation, hereinafter referred to as "Lessee."


WITNESSETH THAT:


WHEREAS, Lessor and Lessee have entered into that certain Office/Warehouse Lease dated December 29, 1995, concerning certain Premises in the Office/Warehouse Complex known and described as Trenton Commerce Center located at 5905 Trenton Lane North, Plymouth, Minnesota 55442 (said Office/Warehouse Lease is hereinafter called the "Lease"); and


WHEREAS, Lessee desires to expand the Premises to include the remaining vacant space in the Office/Warehouse Complex and the parties desire to amend the Lease to set forth their agreements in connection with such expansion.


NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows:


1. Effective May 1, 1996 (the "Effective Date"), the premises shall be deemed to include all of the remaining unleased building space in the Office/Warehouse Complex indicated on Exhibit A attached hereto and consisting of approximately 21,483 square feet of gross area of space (the "Expansion Space").


2. Base Rent shall escalate on the Effective Date to Four Hundred Eighty- five Thousand Eight Hundred Seven and 75/100 Dollars ($485,807.75) per annum, payable monthly, in advance, in equal installments of Forty Thousand Four Hundred Eighty-three and 98/100 Dollars ($40,483.98).


3. The "Applicable Percentage" of Lessee's Pro Rata Share of Excess Real Estate Taxes and "Applicable Percentage" of Lessee's Pro Rata Share of Excess Operating Expenses as defined in subparagraph F of Article II ("Additional Rent") of the Lease shall each escalate to one hundred percent (100%) on the Effective Date.


4. The parties agree that the Expansion Space is being leased in its current "as is" condition, provided that Lessor agrees to cause to be completed promptly when weather permits the Base Building as defined in the Article XXXI of the Lease, including landscaping and exterior painting. All tenant improvements and further improvements to be installed in


the Expansion Space shall be installed by Lessee at Lessee's sole cost and expense. The representations set forth in Article XLVI shall apply, but otherwise Lessor makes no representations as to the physical condition of the Expansion Space or that same can be utilized without further improvements. Lessee agrees to make such alterations and tenant improvements (subject to the provisions of Articles VIII XLVI of the Lease) so that an occupancy permit can be secured.


5. In Article XVI.N, first sentence, the phrase "that Lessor may now or hereafter dee
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