Exhibit 10.42
MODIFICATION OF LEASE
# 1
This Modification of Lease #1 dated
for reference purposes only, October 13, 2009 is pursuant to that certain Lease by and between
OLEN COMMERCIAL REALTY CORP., A NEVADA CORPORATION, as “Lessor”, and NXG ACUTE CARE LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY AND WHOLLY-OWNED SUBSIDIARY OF NEXTGEN HEALTHCARE
INFORMATION SYSTEMS, INC., A CALIFORNIA CORPORATION AND WHOLLY-OWNED SUBSIDIARY OF QUALITY SYSTEMS
INC., A CALIFORNIA CORPORATION, as “Lessee”, dated October 1, 2009 for property
located at: 22912 Mill Creek Drive, Suite A, Laguna Hills, CA 92653. The undersigned Parties
hereby understand and agree that the above mentioned Lease shall be amended and modified as
follows:
Article 1.4. Early
Possession: Shall be modified in part to read: “October 14, 2009....”
Article 3.2. Early
Possession: Shall be modified in part to read: “Lessor agrees to grant Lessee early
occupancy of said Premises, the date to be October 14, 2009. Lease payments shall not commence
until November 1, 2009. Lessee agrees to hold Lessor harmless from any liability or
responsibility for damages to any of Lessee’s personal property, or for any loss suffered by
Lessee through vandalism, theft, or destruction of said personal property by fire or other causes.
It is agreed by Lessee and Lessor that all the terms and conditions of the tease are to be in full
force and effect, except as to rent, as of the date of Lessee’s possession of subject
Premises.”
Addendum A. Item G.
Suite Refurbishment/Tenant Improvements: Shall include the following: “Lessee
agrees to hold Lessor harmless from any interruption of business suffered by Lessee or any
liability whatsoever resulting from any Tenant Improvements as set forth in the Lease for subject
Premises. Lessor will make every reasonable effort to complete said work as soon as possible, but
can make no guaranty as to a specific date of completion, and same shall not affect the payment of
rent due from Lessee. Lessee shall be responsible for moving all wall hangings and furniture and
Lessor shall not be responsible for same. Lessee acknowledges that Lessor has forewarned Lessee of
the inconvenience Lessee may experience by occupying said Premises during Tenant Improvement work
including, but not limited to, interruption of utilities, odors, noise, dust and debris, and that
Lessor is accommodating Lessee’s request to complete Tenant Improvements in subject Premises
during Lessee’s occupancy. Lessee further agrees not to interfere with in any way, nor
instruct Lessor’s construction crew.”
Except as amended and modified
herein, all other terms and conditions of said Lease by and between the Parties described above,
shall continue in full force and effect. This Modification of Lease #1 shall become effective upon
the date of execution hereof.
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| AGREED AND ACCEPTED:
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| AGREED AND ACCEPTED:
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| LESSOR:
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| LESSEE:
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| OLEN COMMERCIAL REALTY CORP. A NEVADA CORPORATION
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| NXG Acute Care LLC, a California Limited Liability
Company and wholly-owned subsidiary of NextGen Healthcare Information Systems, Inc., a California
Corporation and wholly-owned subsidiary of Quality Systems Inc., a California Corporation
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By:
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| By:
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| /s/ Stephen K. Puckett
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| Jayne Taylor
Vice President/CFO
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| Stephen K. Puckett
Vice President
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Date:
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| Date:
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| October 13, 2009
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