6A(1) First Amendment to Vine Restaurant Lease

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r Time Period CAM Monthl Char a Rent Per Month Rent + CAM Per Month Renewal Term Year 2 To he determined in $3,679,58 To he determined in 6/30/2010 - 7/1/2011 accordance with accordance with Article IV of the Article IV of the Lease Lease Renewal Term Years 3, 4 To be determined in accordance with Article IV of the Lease &5 Payment is due from Tenant within Ten (10) Days of the date of the invoice from Landlord. Past Due Rent shall be subject to the greater of: an interest rate of Eighteen percent (18%) per annum or Twenty Dollars ($20.00) per Day in accordance with Section 4.5 of the Lease. 4. Tenant shall receive a credit of One Hundred Twenty Six and 21/100 Dollars ($126.21) for overpayments received from July, 2009 through and including January, 2010. 5. The Parties acknowledge and agree that this First Amendment to Lease shall relate back to the commencement Date as defined in the Lease and that all remaining terms and conditions, as set forth in the Lease shall remain in full force and effect. 6. This First Amendment to Lease may be executed in counterparts, all of which shall be deemed originals. 7. The undersigned persons executing and delivering this First Amendment to Lease on behalf of the Tenant represent and certify that they are the duly elected officers of Tenant and have been fully empowered, by proper resolution of the Board of Directors to execute and deliver this Amendment and that all necessary corporate action has been taken and done. IN WITNESS WHEREOF, the parties have caused this First Amendment to Lease to be executed for and on their behalf on the day and year first written above. [SIGNATURE PAGES ATTACHED] FirstAmendment Thevine FINAL 100212.doc