This Lease Agreement is made this 12th day of February, 2003, by and between BAE SYSTEMS Information and Electronic Systems Integration Inc., a Delaware Corporation ("Landlord"), and Benchmark Electronics, Inc., a Texas Corporation ("Tenant").
WHEREAS, Landlord is the owner of the real property and an office building consisting of approximately 250,000 square feet, located within the Pope Technical Park in Hillsborough County, New Hampshire, commonly known as Building #2, 65 River Road, Hudson, New Hampshire 03051 (the "Premises"), a map of which is attached hereto as Exhibit A;
WHEREAS, Lockheed Martin Corporation ("Lockheed") and Tenant entered into that certain CE Facility Lease ("Original Lease"), dated February 23, 1998, whereby Tenant first leased the Premises, the term of which Original Lease was extended through February 22, 2004 by the February 23, 2000 First Amendment to CE Facility Lease by and between Lockheed and Tenant ("Amendment");
WHEREAS, Landlord, by virtue of that certain Assignment and Assumption of Lease, between Lockheed and Landlord, dated November 27, 2000, succeeded to the rights and obligations of Lockheed under the Original Lease and Amendment; and
WHEREAS, Landlord has agreed to lease the Premises to Tenant and Tenant has agreed to lease the Premises from Landlord on the terms and conditions set forth in this Lease and to substitute the same for the Original Lease and Amendment; and
WHEREAS, Landlord and Tenant intend that the rights and obligations of the parties which arose upon the commencement of the Original Lease and which by their nature ought to continue are carried forward and incorporated into this Lease and deemed to have been effective from February 23, 1998.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the parties agree as follows:
Section 1.01 Term. The term (the "Prime Term") of this Lease shall commence on January 1, 2003 (the "Commencement Date") and shall continue through December 31, 2006 (the "Expiration Date").
Section 1.02 Additional Term. In the event that Tenant shall desire to extend this Lease beyond the Prime Term, Tenant shall be permitted to extend this Lease for one additional term of four years (the "Additional Term") following the expiration of the Prime Term. Tenant shall provide Landlord with written notice of its intention with regard to extending this Lease at least 180 days before the expiration of the Prime Term.
Section 2.01 Use of Premises. Tenant may continue to use and occupy the Premises during the Prime Term and any Additional Term of this Lease for offices or manufacturing and for no other purposes except with the prior written consent of Landlord, provided that any such use of the Premises shall at all times comply in all material respects with all applicable laws and regulations, including zoning and land use laws and regulations.