This excerpt taken from the AVAN 10-K filed Mar 16, 2006.
Retained Premises) and terminate the Lease as to the remainder of the Original Premises effective as of the Early Termination Date (as defined in Section 2 of this Amendment); (ii) set forth the obligations of Landlord to perform and pay for the Base Building Work (as defined in Exhibit C attached hereto) and the respective obligations of Landlord and Tenant to perform and pay for the Tenant Improvement Work (as defined in Exhibit C attached hereto) to the Retained Premises; (iii) extend the Lease Term for the Retained Premises; and (iv) amend certain other terms of the Lease.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, Landlord and Tenant agree as follows:
1. Recitals; Capitalized Terms. All of the foregoing recitals are true and correct. Unless otherwise defined herein, all capitalized terms used in this Amendment shall have the meanings ascribed to them in the Lease, and all references herein or in the Lease to the Lease or this Lease or herein or hereunder or similar terms or to any section thereof shall mean the Lease, or such section thereof, as amended by this Amendment.
2. Termination of Lease and Surrender of Terminated Premises. The term of the Lease with respect to the portion of the Original Premises consisting of 19,128 rentable square feet on the second (2nd) floor of the Building (hereinafter the