FIRST AMENDMENT TO LEASE
Building 1B
This FIRST AMENDMENT TO LEASE (this 'Amendment') is dated as of this 18th day of December, 2000 by and between CORPORATE TECHNOLOGY CENTRE ASSOCIATES LLC, a California limited liability company ('Landlord'), and REDBACK NETWORKS INC ., a Delaware corporation ('Tenant').
RECITALS
A. Landlord and Tenant entered into a Lease dated October 13, 2000 (the 'Lease'), for premises (the 'Leased Premises') with a street address of 200 Holger Way, San Jose, California, and more particularly described in the Lease;
B. Landlord and Tenant now desire to amend the Lease on the terms and conditions set forth herein. Capitalized terms used in this Amendment and not otherwise defined shall have the meanings assigned to them in the Lease.
AGREEMENT
NOW THEREFORE , for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows:
1. Base Monthly Rent. The term 'Base Monthly Rent' set forth in Article 1 of the Lease is hereby deleted in its entirety and replaced with the following:
| Base Monthly Rent: | The term 'Base Monthly Rent' shall mean the following: | |
| Month | Rent Per Month / NNN | |
| January 2001
February 2001 March 2001 - December 2001 |
$8,412 (prorated amount)
|
|
| January 2002
February 2002 March 2002 - December 2002 |
$272,202
$282,639 $279,875 |
|
| January 2003
February 2003 March 2003 - December 2003 |
$285,691
$296,545 $293,698 |
|
|
January 2004
|
$299,797
$311,086 $308,154 |
|
|
January 2005
|
$314,549
$326,289 $323,268 |
|
|
January 2006
|
$329,973
$342,183 $339,072 |
|
|
January 2007
|
$346,099
$358,797 $355,593 |
|
| January 2008
February 2008 March 2008 - December 2008 |
$362,958
$376,164 $372,864 |
|
| January 2009
February 2009 March 2009 - December 2009 |
$380,582
$394,317 $714,196 |
|
| January 2010
February 2010 - December 2010 |
$728,480
$742,764 |
|
| January 2011
February 2011 - December 2011 |
$757,619
$772,474 |
| January 2012
February 2012 - June 2012 July 2012 |
$787,924
$803,373 $401,687 (prorated amount) |
2. Ratification. The Lease, as amended by this Amendment, is hereby ratified by Landlord and Tenant and Landlord and Tenant hereby agree that the Lease, as so amended, shall continue in full force and effect.
3. Miscellaneous.
(a) Voluntary Agreement. The parties have read this Amendment and on the advice of counsel they have freely and voluntarily entered into this Amendment.
(b) Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Amendment, the prevailing party shall be entitled to recover from the losing party reasonable attorneys' fees and costs of suit.
(c) Successors. This Amendment shall be binding on and inure to the benefit of the parties and their successors.
(d) Counterparts. This Amendment may be signed in two or more counterparts. When at least one such counterpart has been signed by each party, this Amendment shall be deemed to have been fully executed, each counterpart shall be deemed to be an original, and all counterparts shall be deemed to be one and the same agreement.
IN WITNESS WHEREOF , Landlord and Tenant have executed this Amendment as of the date first written above.
| LANDLORD : | |||||||
| CORPORATE
TECHNOLOGY
CENTRE
ASSOCIATES LLC
,
a California limited liability company |
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| By: | Corporate Technology Centre Partners LLC
a California limited liability company Its Manager |
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| By: | Menlo Equities LLC
a California limited liability company Its Managing Member |
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| By: | Menlo Equities, Inc.
Its Managing Member |
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| Dated: | |
By: | |
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| Henry D. Bullock
President |
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| TENANT : | |||||||
| REDBACK
NETWORKS
INC
.,
a Delaware corporation |
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| Dated: | |
By: | |
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| Title: | |
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| Dated: | |
By: | |
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| Title: | |
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