{"id":41710,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/250-280-west-center-street-orem-ut-lease-agreement-esnet.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"250-280-west-center-street-orem-ut-lease-agreement-esnet","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/250-280-west-center-street-orem-ut-lease-agreement-esnet.html","title":{"rendered":"250-280 West Center Street (Orem, UT) Lease Agreement &#8211; EsNet Properties LC and Caldera Systems Inc."},"content":{"rendered":"<pre>\n                       SECOND AMENDMENT TO LEASE AGREEMENT\n                 [EsNet Properties, L.C.\/Caldera Systems, Inc.]\n\n\n\n      THIS SECOND AMENDMENT (this \"Second Amendment) is entered into as of the\nfifth (5th) day of April, 2000 between ESNET PROPERTIES, L.C., a Utah limited\nliability company (\"Landlord\"), whose address is 5152 North Edgewood Drive,\nSuite 350, Provo, Utah 84604 and Caldera Systems, Inc., a Delaware corporation,\nsuccessor in interest to Calera, Inc. (\"Tenant\") whose address is 240 West\nCenter Street, Orem, Utah 84057.\n\n      FOR THE SUM OF TEN DOLLARS ($10.00) and other good and valuable\nconsideration, the receipt and sufficiency of which are acknowledged, Landlord\nand Tenant agree as follows:\n\n      1.    Definitions. As used in this Second Amendment, each of the following\nterms shall have the indicated meaning:\n\n            1.1   \"Additional Premises\" Means the following premises located at\nPost Office Place in Buildings 1,2,3,and 4 at 250 through 280 West Center\nStreet, Orem, Utah: (a) Building 1 (part), Consisting of approximately 5,608\nsquare feet, Building 2 (all) consisting of approximately 7,539 square feet,\nBuilding 3 (all) consisting of approximately 7,000 square feet, and Building 4\n(half) consisting of approximately 4,400 square feet with the aggregate of such\nspace consisting of approximately 24,547 square feet (b) Building 1 (addition)\nconsisting of approximately 2,324 square feet.\n\n            1.2   \"Expansion Date\" means (a) April 10, 2000 with respect to that\nportion of the Additional Premises described in Paragraph 1.1 (c): and (b) May\n15,2000 with respect to that portion of the Additional Premises described in\nParagraphs 1.1 (a) and (b). The Additional Premises shall be delivered to Tenant\nvacuum clean and in good condition and repair, free from the occupancy of any\nother person.\n\n            1.3   \"Lease\" means the Lease Agreement, dated October 9, 1997, as\namended by the First Amendment to Lease Agreement dated March 2, 1998, both\nentered into between Landlord, as landlord, and Tenant, as tenant.\n\n            1.4   \"Original Premises\" means the premises originally covered by\nthe Lease and located in Building 5, consisting of approximately 16,960 square\nfeet.\n\n      2.    Amendment. The purpose of this Second Amendment is to add the\nAdditional Premises to the Lease in accordance with the terms and conditions set\nforth in this Second Amendment. This Second Amendment shall serve to amend the\nLease.\n\n\n\n   2\n\n      3.    Additional Premises Covered. Effective as of the Expansion Date, the\n\"Premises\" covered by the Lease shall include the Additional Premises, and the\nAdditional Premises shall be governed by the Lease in the same manner as the\nOriginal Premises, except as otherwise expressly set forth in this Second\nAmendment.\n\n      4.    Term. The Additional Premises shall be leased for a term which is\ncoextensive with the \"Term\" for the Original Premises. Therefore, it the\n\"Termination Option\" set forth in Article XXV of the Lease is exercised, the\nterm for which the Additional Premises are leased shall terminate in accordance\nwith the provisions of such Article; provided however, that no payment of\nunamortized costs shall be due under Article XXV with respect to the Additional\nPremises\n\n      5.    Rent. (a) $2,875.95,per month for that portion of the Additional\nPremises described in Paragraph 1.1(c), and (b), and $32,058.21 per month for\nthat portion of the Additional Premises described in Paragraph 1.1(a) and (b)\nand shall be payable at the same time and in the same manner as the Base Rent\nunder the Lease. If the Expansion Date for any portion of the Additional\nPremises occurs on a day other than the first day of a calendar month, the rent\nfor such portion shall be paid for the initial fractional calendar month\nprorated on a per diem basis. If the Lease expires or terminates on a day other\nthan the last day of a calendar month, the rent for such fractional month shall\nbe prorated on a per diem basis.\n\n      6.    Operating Costs. Landlord shall be solely responsible to timely\nprovide and pay for the costs of all maintenance, repair, utilities, insurance\nand taxes with respect to the Additional Premises and all other operating costs\nrelating to the Additional Premises. The rent set forth in Paragraph 5 of this\nSecond Amendment is the only charge Tenant is obligated to pay to Landlord on\nconnection with the Additional Premises: provided however, that Tenant shall, at\nits sole cost, cause to be provide its own custodial services to the Additional\nPremises.\n\n      7.    General Provisions. Except as set forth in the Second Amendment, the\nLease is ratified and affirmed in its entirety. This Second Amendment shall\ninure to the benefit or, and be binding on, Landlord and Tenant and their\nrespective successors and assigns. This Second Amendment shall be governed by,\nand construed and interpreted in accordance with, the laws (excluding the choice\nof laws rules) of the State of Utah. This Second Amendment may be executed in\nany number of duplicate originals or counterparts, each of which when so\nexecuted shall constitute in the aggregate but one and the same document. Each\nindividual executing this Second Amendment represents and warrants that such\nindividual has been duly authorized to execute and deliver this Second Amendment\nin the capacity and for the entity set forth where such individual signs.\n\n\nLANDLORD AND TENANT have executed this Second Amendment on the respective dates\nset forth below, to be effective as of the date first set forth above.\n\n\n   3\n\n                                                    LANDLORD:\n\n\n                                                    ESNET PROPERTIES, L.C.\n\n                                                    \/s\/ Kevin Flanagan\n                                                    ---------------------------\n                                                    Chief Financial Officer\n                                                    ---------------------------\n                                                    April 7, 2000\n                                                    ---------------------------\n\n                                                    TENANT:\n\n\n                                                    CALDERA SYSTEMS, INC.\n\n                                                    \/s\/ Alan Hansen\n                                                    ---------------------------\n                                                    Chief Financial Officer\n                                                    ---------------------------\n                                                    April 6, 2000\n                                                    ---------------------------\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[6993,8783],"corporate_contracts_industries":[9513],"corporate_contracts_types":[9579,9610],"class_list":["post-41710","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-caldera-systems-inc","corporate_contracts_companies-sco-group-inc","corporate_contracts_industries-technology__software","corporate_contracts_types-land","corporate_contracts_types-land__ut"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/41710","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=41710"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41710"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41710"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41710"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}