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Exhibit 10.12
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE (the “Amendment” ) is made and executed on the dates set forth below, to be effective as
of 9/5, 2003, by and between Keystone-Miami Property Holding Corp., a Florida corporation (“Landlord”) , and Tiger Direct, Inc., a Delaware
corporation, doing business as “Tiger Direct” (“Tenant”) for Space Number 35 and 33C in the Mall of the Americas, and Systemax, Inc.
formerly known as Global Direct Mail, Inc., a New York Corporation (“Guarantor”).
W I T N E S S E T H :
WHEREAS, Landlord and Tenant are parties to that certain Lease Agreement dated as of September 17, 1998, as amended by that
certain Settlement Agreement and Mutual Release dated as of June 8, 2001 (the “Lease” ) pursuant to which Landlord leased to Tenant Space
Number 35 and 33C, and such storage space and lobby areas as described in the Lease
(“Premises”)
in the Mall of the Americas, located at 7795
West Flagler Street, Miami, Florida 33144, Miami-Dade County, Florida, as more particularly described in the Lease;
WHEREAS, Landlord and Tenant entered into that certain Generator Agreement dated as of November 6, 2001 (“Generator License
Agreement”) with respect to emergency generator services to the Premises;
WHEREAS, Tenant has requested that the Lease be modified as set forth herein, and the Landlord has agreed to modify the Lease,
pursuant to the terms set forth herein.
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants, representations, warranties and agreements contained
herein and the sum of Ten and 00/100 ($10.00) Dollars, the receipt and sufficiency of which are hereby acknowledged, Landlord, Tenant and
Guarantor agree as follows:
TERMS
1.
Incorporation of Recitals. The foregoing recitals are true and correct and incorporated herein by reference. All terms not
defined in this Amendment shall have the meanings ascribed in the Lease, unless the context clearly otherwise requires.
2.
Exchange of Space 33C. Tenant agrees to vacate and release to Landlord Space 33C and the storage area located behind the
current Foot Locker space (“Release Space”) and, in exchange thereof, lease Space 33D, as depicted on Amendment Exhibit “A” (“Additional
Premises”), as part of the Premises under the Lease. The Landlord and Tenant acknowledge and agree that the Storage Area (also known as the
loading dock) as set forth in the Lease is not included in the Release Space. The Commencement Date under the Lease with respect to the
Additional
1
RREEF