EX-10.1B 17 exh10_1b.htm EXHIBIT 10.1 (B)

Exhbit 10.1(b)
SECOND AMENDING AGREEMENT
BETWEEN:
NHC EDIBLES LLC,
a Colorado limited liability company (the "NHC")
AND
PALO VERDE LLC,
a Colorado limited liability company (the "PALO VERDE")
WHEREASPalo Verde has entered into a lease agreement with NHC dated July 23, 2014, as amended on December 16, 2014, (altogether, the "Lease Agreement") to lease from NHC one building located at 78 Silicon Drive, Pueblo West, Colorado 81007 ("Pueblo Location"), consisting of approximately 11,000 rentable square feet ("Building A");
NOW THEREFOREin consideration of the continued relationship between the NHC and Palo Verde, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, the parties hereto agree as follows:
1. Rent payable by Palo Verde for leasing Building A shall accrue and payment shall be deferred ("Deferred Rent") until June 30, 2016.  Deferred Rent shall accrue interest in the amount of twelve percent (12%) annually and the aggregate of the Deferred Rent and accrued interest shall be paid no later than June 30, 2017.

2. Subject to applicable renewals, the Lease shall terminate on December 31, 2017, being three (3) years after the Commencement Date ("Termination Date").

3. A security, cleaning, and damage deposit in the amount of one (1) month's rent shall be payable on June 30, 2016 ("Security Deposit").

4. Tenant's pro rata share of costs for purposes of the Lease shall be one hundred percent (100%).
5. All other terms in the Lease Agreement shall remain the same.



IN WITNESS WHEREOF
the parties have executed this Agreement as of the 31st day of August, 2015.

   
NHC EDIBLES LLC
 
 
Per:
 
 
/"Signed"/
 
 
Name: David Posner
Title:   Director
 
I have authority to bind the Corporation

   
PALO VERDE LLC
 
 
Per:
 
 
/"Signed"/
 
 
Name: David Johnson
Title:  David S. Johnson, Manager of CBiz LLC, which is the sole member and manager of Palo Verde, LLC           
 
I have authority to bind the Corporation