{"id":41782,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/1308-moffett-park-sunnyvale-ca-sublease-agreement-finisar.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"1308-moffett-park-sunnyvale-ca-sublease-agreement-finisar","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/1308-moffett-park-sunnyvale-ca-sublease-agreement-finisar.html","title":{"rendered":"1308 Moffett Park (Sunnyvale, CA) Sublease Agreement &#8211; Finisar Corp. and Redback Networks Inc."},"content":{"rendered":"<pre>                               SUBLEASE AGREEMENT\n\n\n\n        1. PARTIES. This Sublease, dated October 23, 1999, is made between\nFinisar Corporation, a California Corporation ('Sublessor'), and Redback\nNetworks, Inc., a California Corporation ('Sublessee').\n\n        2. MASTER LEASE. Sublessor is the lessee under a written lease\n('Original Lease' dated May 26, 1999, wherein Aetna Life Insurance Company, A\nConnecticut Corporation ('Landlord', but hereinafter referred to as 'Lessor')\nleased to Sublessor the real property located in the City of Sunnyvale, County\nof Santa Clara, State of California, described as approximately 51,813 sq. ft.\nof a single-story R&amp;D building (the 'Building') located at 1308 Moffett Park\nDrive ('Original Master Premises'). Lessor and Sublessor intend to enter into\nthat certain First Amendment to Lease, to expand the Original Master Premises by\nleasing additional space consisting of approximately 23,198 rentable square\nfeet, located at 1310 Moffett Park Drive, Sunnyvale, California ('Expansion\nSpace'). The Original Master Premises and Expansion Space are hereinafter\ncollectively referred to as the 'Master Premises'. The Original Lease and form\nof First Amendment to Lease are attached hereto as Exhibit A and Exhibit B,\nrespectively, and are herein collectively referred to as the 'Master Lease'.\n\n        3. PREMISES. Subject to Paragraph 18 herein, Sublessor hereby subleases\nto Sublessee on the terms and conditions set forth in this Sublease the\nfollowing portion of the Master Premises ('Premises'): approximately 15,000 sq.\nft. located in the north-western portion of the Building with an address of 1310\nMoffett Park Drive (see attached Exhibit One).\n\n        4. WARRANTY BY SUBLESSOR. Sublessor warrants and represents to Sublessee\nthat the Master Lease has not been amended or modified except as expressly set\nforth herein, that Sublessor is not now, and as of the commencement of the Term\nhereof will not be, in default or breach of any of the provisions of the Master\nLease, and that Sublessor has no knowledge of any claim by Lessor that Sublessor\nis in default or breach of any of the provisions of the Master Lease.\n\n        5. TERM. The Term of this Sublease shall commence on November 1, 1999\n('Commencement Date'), or when Lessor consents to this Sublease (if such consent\nis required under the Master Lease), whichever shall last occur, and end on\nOctober 31, 2000 ('Termination Date'), unless otherwise sooner terminated in\naccordance with the provisions of this Sublease. In the event the Term commences\non a date other than the Commencement Date, Sublessor and Sublessee shall\nexecute a memorandum setting forth the actual date of commencement of the Term.\nPossession of the Premises ('Possession') shall be delivered to Sublessee on the\ncommencement of the Term. If for any reason Sublessor does not deliver\nPossession to Sublessee on the commencement of the Term, Sublessor shall not be\nsubject to any liability for such failure, the Termination Date shall not be\nextended by the delay, and the validity of this Sublease shall not be impaired,\nbut rent shall abate until delivery of Possession. Notwithstanding the\nforegoing, if Sublessor has not delivered Possession to Sublessee within ten\n(10) days after the Commencement Date, then at any time thereafter and before\ndelivery of Possession, Sublessee may give written notice to Sublessor of\nSublessee's intention to cancel this Sublease.\n\n\n\n                                       1\n\n\n        Said notice shall set forth an effective date for such cancellation\nwhich shall be at least five (5) days after delivery of said notice to\nSublessor. If Sublessor fails to deliver Possession to Sublessee on or before\nsuch effective date, this Sublease shall be cancelled, in which case all\nconsideration previously paid by Sublessee to Sublessor on account of this\nSublease shall be returned to Sublessee, this Sublease shall thereafter be of no\nfurther force or effect, and Sublessor shall have no further liability to\nSublessee on account of such delay or cancellation. If Sublessor permits\nSublessee to take Possession prior to the commencement of the Term, such early\nPossession shall not advance the Termination Date and shall be subject to the\nprovisions of this Sublease, including without limitation the payment of rent.\n\n        6.     RENT.\n\n               6.1 Minimum Rent. Sublessee shall pay to Sublessor as minimum\nrent, without deduction, setoff, notice, or demand, at 1308 Moffett Park Drive,\nSunnyvale, attention: Finisar Corporation or at such other place as Sublessor\nshall designate from time to time by notice to Sublessee, the sum of Twenty-six\nThousand Three Hundred Thirty and 00\/100 Dollars ($ 26,330.00) per month, in\nadvance on the first day of each month of the Term. Sublessee shall pay to\nSublessor upon execution of this Sublease the sum of Twenty-six Thousand Three\nHundred Thirty and 00\/100 Dollars ($ 26,330.00) as rent for November 1, 1999\nthrough November 30, 1999. If the Term begins or ends on a day other than the\nfirst or last day of a month, the rent for the partial months shall be prorated\non a per diem basis.\n\n               6.2 Additional Rent: Section 4(b) of the Master Lease requires\nSublessor to pay to Lessor all the expenses of owning and operating the Master\nPremises of which the Premises are a part as Additional Rent, including but not\nlimited to taxes, utilities, insurance, common area expenses, parking charges,\nmaintenance and repair costs, and life and safety costs. Sublessor and Sublessee\nagree that this Sublease is intended to pass through to Sublessee all financial\nobligations imposed on Sublessor for the Premises pursuant to the terms of the\nMaster Lease, except for Sublessor's obligation to pay Base Rent. Sublessee\nshall pay to Sublessor as additional rent Twenty percent (20.0%) of the amounts\npayable by Sublessor for Additional Rent incurred during the Term. Such\nadditional rent shall be payable as and when Additional Rent is payable by\nSublessor to Lessor. If the Master Lease provides for the payment by Sublessor\nof Additional Rent on the basis of an estimate thereof, then as and when\nadjustments between estimated and actual cost are made under the Master Lease,\nthe obligations of Sublessor and Sublessee hereunder shall be adjusted in a like\nmanner; and if any such adjustment shall occur after the expiration or earlier\ntermination of the Term, then the obligations of Sublessor and Sublessee under\nthis Subsection 6.2 shall survive such expiration or termination. Sublessor\nshall, upon request by Sublessee, furnish Sublessee with copies of all\nstatements submitted by Lessor of actual or estimated costs during the Term.\n\n        7. SECURITY DEPOSIT. Sublessee shall deposit with Sublessor upon\nexecution of this Sublease the sum Twenty-six Thousand Five Hundred and 00\/100\nDollars ($ 26,500.00) as security for Sublessee's faithful performance of\nSublessee's obligations hereunder ('Security Deposit'). If Sublessee fails to\npay rent or other charges when due under this Sublease, or fails to perform any\nof its other obligations hereunder, Sublessor may use or apply all or any\nportion of the Security Deposit for the payment of any rent or other amount then\ndue hereunder and unpaid, for the payment of any other sum for which Sublessor\nmay become obligated by reason\n\n\n\n                                       2\n\n\nof Sublessee's default or breach, or for any loss or damage sustained by\nSublessor as a result of Sublessee's default or breach. If Sublessor so uses any\nportion of the Security Deposit, Sublessee shall, within ten (10) days after\nwritten demand by Sublessor, restore the Security Deposit to the full amount\noriginally deposited, and Sublessee's failure to do so shall constitute a\ndefault under this Sublease. Sublessor shall not be required to keep the\nSecurity Deposit separate from its general accounts, and shall have no\nobligation or liability for payment of interest on the Security Deposit. In the\nevent Sublessor assigns its interest in this Sublease, Sublessor shall deliver\nto its assignee so much of the Security Deposit as is then held by Sublessor.\nWithin ten (10) days after the Term has expired, or Sublessee has vacated the\nPremises, or any final adjustment pursuant to Subsection 6.2 hereof has been\nmade, whichever shall last occur, and provided Sublessee is not then in default\nof any of its obligations hereunder, the Security Deposit, or so much thereof as\nhad not theretofore been applied by Sublessor, shall be returned to Sublessee or\nto the last assignee, if any, of Sublessee's interest hereunder. If Sublessor\nfiles for protection as a debtor under any state or federal law, including\nbankruptcy laws, then Sublessee shall have the right to offset the amount of the\nSecurity Deposit against rent last due under this Sublease.\n\n        8. CONDITION OF PREMISES. Sublessor shall, at Sublessor's sole cost and\nexpense, replace a carpet strip in a conference room, hang doors in conference\nrooms and paint walls, but only if such work is necessary, and reasonably demise\nthe Premises as soon as reasonably possible, but both parties acknowledge and\nagree that such demise may not be complete prior to the Commencement Date.\nSubject to the immediately preceding sentence, Sublessee shall accept the\nPremises in their 'AS IS' condition on the Commencement Date, and Sublessor and\nLessor shall have no obligation to pay for any improvements to the Premises. On\nexpiration or sooner termination of the term of this Sublease, Sublessee shall\nfully remove all of its personal property and shall fully vacate the Premises.\nIn addition, Sublessee shall otherwise comply with all responsibilities of the\nlessee under the Master Lease regarding surrender of the Premises, including the\nremoval of any alterations made by Sublessee in accordance with the terms of the\nMaster Lease. By accepting possession of the Premises, Sublessee acknowledges\nthat the condition of the Premises is acceptable in all respects.\n\n        9. USE OF PREMISES. The Premises shall be used and occupied only for\nGeneral office, engineering, research and development and light manufacturing,\nand for no other use or purpose.\n\n        10. ASSIGNMENT AND SUBLETTING. Sublessee shall not assign this Sublease\nor further sublet all or part of the Premises without the prior written consent\nof Sublessor (and the consent of Lessor, if such is required under the terms of\nthe Master Lease).\n\n        11. OTHER PROVISIONS OF SUBLEASE. Except as provided herein, all terms\nand conditions of the Master Lease are incorporated into and made a part of this\nSublease as if Sublessor were the lessor thereunder, Sublessee the lessee\nthereunder, and the Premises the Master Premises, except for the following:\nParagraphs 1, 2, 3, 4(a), 7, 8, 10, 33, 38, 49, 50; Exhibits B, B-2, C, and G;\nand the definitions 'Tenant', 'Tenant's Contact Person', 'Tenant's Address',\n'Premises Square Footage', 'Premises Address', 'Length of Term', 'Estimated\nCommencement Date', 'Estimated Expiration Date', 'Monthly Base Rent', 'Prepaid\nBase Rent', 'Prepaid Additional Rent', 'Security Deposit', 'Reserved Parking\nSpaces', 'Unreserved\n\n\n\n                                       3\n\n\nParking Spaces', 'Brokers', 'Tenant Improvements Allowance\/Additional Premises\nAlterations Allowance', 'Tenant Improvements Loan\/Additional Premises\nAlterations Loan', 'Architect', and 'Contractor' provided in Exhibit B (Basic\nLease Information) of the First Amendment to Lease.\n\n               Notwithstanding the foregoing incorporation of the Master Lease,\nSublessor shall not be responsible for the performance or the furnishing of any\nmaintenance, repair, replacement or other obligations or services to be\nperformed or furnished by Lessor under the Master Lease. Sublessor shall not be\nliable to Sublessee for any failure by Lessor to perform its obligations or to\nfurnish any services or utilities to be furnished by Lessor under the Master\nLease, nor shall such failure by Lessor excuse performance by Sublessee of its\nobligations under this Sublease.\n\n               Except as otherwise provided in this Sublease, Sublessee assumes\nand agrees to perform for the Benefit of Lessor and Sublessor the lessee's\nobligations under the Master Lease during the Term to the extent that such\nobligations are applicable to the Premises, except that the obligation to pay\nrent to Lessor under the Master Lease shall be considered performed by Sublessee\nto the extent and in the amount rent is paid to Sublessor in accordance with\nSection 6 of this Sublease. Sublessee shall not commit or suffer any act or\nomission that will violate any of the provisions of the Master Lease. Sublessor\nshall exercise due diligence in attempting to cause Lessor to perform its\nobligations under the Master Lease for the benefit of Sublessee. In the event\nLessor does not perform any of its obligations under the Master Lease which\npertain to the Premises, Sublessor agrees at Sublessee's request to enforce the\nterms of the Master Lease against Lessor, provided that Sublessor pays for all\ncosts incurred by Sublessor in connection therewith, including actual attorneys'\nfees and court costs.\n\n               If the Master Lease terminates, this Sublease shall terminate and\nthe parties shall be relieved of any further liability or obligation under this\nSublease, provided however, that if the Master Lease terminates as a result of a\ndefault or breach by Sublessor or Sublessee under this Sublease and\/or the\nMaster Lease, then the defaulting party shall be liable to the nondefaulting\nparty for the damage suffered as a result of such termination. Notwithstanding\nthe foregoing, if the Master Lease gives Sublessor any right to terminate the\nMaster Lease in the event of the partial or total damage, destruction, or\ncondemnation of the Master Premises or the building or project of which the\nMaster Premises are a part, the exercise of such right by Sublessor shall not\nconstitute a default or breach hereunder.\n\n        12. SUBLESSEE'S OBLIGATIONS. Except as provided herein to the contrary\nand except as modified by this Sublease, Sublessee covenants and agrees that all\nobligations of Sublessor under the Master Lease shall be done or performed by\nSublessee with respect to the Premises.\n\n        13. SUBLESSOR'S OBLIGATIONS. Sublessor agrees that Sublessee shall be\nentitled to receive all services, utilities and repairs to be provided by Lessor\nto Sublessor under the Master Lease with respect to the Premises. Sublessee\nshall look solely to Lessor for all such services and utilities and shall not,\nunder any circumstances, seek or require Sublessor to perform any of such\nservices or provide any utilities, nor shall Sublessee make any claim upon\nSublessor for any damages which may arise by reason of Lessor's default under\nthe Master Lease unless such default is caused by Sublessor. Any condition\nresulting from a default by Lessor under the\n\n\n\n                                       4\n\n\nMaster Lease (other than a default caused by Sublessor) shall not constitute as\nbetween Sublessor and Sublessee an eviction, actual or constructive, of\nSublessee and no such default shall excuse Sublessee from the performance or\nobservance of any of its obligations to be performed or observed under this\nSublease, or entitle Sublessee to receive any reduction in or abatement of the\nRent provided for in this Sublease, except to the extent Sublessor receives an\nabatement in its Rent under the Master Lease with respect to the Premises.\n\n        14. DEFAULT BY SUBLESSEE. In the event Sublessee shall be in default of\nany covenant of, or shall fail to honor any obligation under, this Sublease,\nSublessor, upon giving any required notice and subject to the right, if any, of\nSublessee to cure any such default within any applicable cure period, shall have\navailable to it against Sublessee all of the remedies available to Lessor under\nthe Master Lease in the event of a similar default on the part of Sublessor\nthereunder or at law.\n\n        15. ATTORNEYS' FEES. If Sublessor or Sublessee shall commence an action\nagainst the other arising out of or in connection with this Sublease, the\nprevailing party shall be entitled to recover its costs of suit and reasonable\nattorney's fees.\n\n        16. AGENCY DISCLOSURE. Sublessor and Sublessee each warrant that they\nhave dealt with no other real estate broker in connection with this transaction\nexcept BT COMMERCIAL REAL ESTATE, who represents Sublessor ('Sublessor's\nBroker') and Wayne Mascia Associates, who represents Sublessee ('Sublessee's\nBroker'). Each party agrees to indemnify and defend the other, and hold it\nharmless, from and against any and all claims, damages, losses, expenses and\nliabilities (including reasonable attorneys' fees) incurred by the other party\nas a result of any breach by such party or any of its representation, warranties\nor covenants in this Paragraph or Paragraph 13 of this Agreement.\n\n        17. COMMISSION. Upon execution of this Sublease, and consent thereto by\nLessor (if such consent is required under the terms of the Master Lease),\nSublessor shall pay Sublessor's Broker a real estate brokerage commission in\naccordance with a contract with Sublessor's Broker for the subleasing of the\nPremises, if any, and otherwise in the amount equal to six percent (6%) of the\ntotal base rent described in Paragraph 6.1 above, for services rendered in\neffecting this Sublease.\n\n        18. NOTICES. Anything contained in any provision of this Sublease to the\ncontrary notwithstanding, Sublessee agrees, with respect to the Premises, to\ncomply with and remedy any default in this Sublease or the Master Lease which is\nSublessee's obligation to cure, within the period allowed to Sublessor under the\nMaster Lease, even if such time period is shorter than the period otherwise\nallowed therein due to the fact that notice of default from Sublessor to\nSublessee is given after the corresponding notice of default from Lessor to\nSublessor. Sublessor agrees to forward to Sublessee, promptly upon receipt\nthereof by Sublessor, a copy of each notice, including notices of default,\nreceived by Sublessor in its capacity as Tenant under the Master Lease.\nSublessee agrees to forward to Sublessor, promptly upon receipt thereof, copies\nof any notices received by Sublessee from Lessor or from any governmental\nauthorities.\n\n               All notices and demands which may or are to be required or\npermitted to be given by either party on the other hereunder shall be in\nwriting. All notices and demands by the\n\n\n\n                                       5\n\n\nSublessor to Sublessee shall be sent by United States Mail, postage prepaid,\naddressed to the Sublessee at the Premises, and to the address hereinbelow, or\nto such other place as Sublessee may from time to time designate in a notice to\nthe Sublessor. All notices and demands by the Sublessee to Sublessor shall be\nsent by United States Mail, postage prepaid, addressed to the Sublessor at the\naddress set forth herein, and to such other person or place as the Sublessor may\nfrom time to time designate in a notice to the Sublessee.\n\nTo Sublessor: FINISAR CORPORATION, 1308 MOFFETT PARK DRIVE, SUNNYVALE, CA 94089\n\nTo Sublessee: REDBACK NETWORKS, INC. 1389 MOFFETT PARK DRIVE, SUNNYVALE, CA\n94089\n\n        19. CONSENTS. Wherever the consent of Lessor is required under the\nMaster Lease, Sublessee shall obtain both the consent of Sublessor and Lessor.\nThis Sublease shall not be effective unless and until the date on which both of\nthe following occurs: (a) this Sublease is executed by Sublessor and Sublessee\nand consented to in writing by Lessor; and (b) the First Amendment to Lease is\nexecuted by Lessor and Sublessor, such consent to be given, and execution\nprovide by, Lessor within ten (10) days from the execution date of this\nSublease. In the event Lessor does not consent to this Sublease or execute the\nFirst Amendment to Lease within ten (10) days from the execution date of this\nSublease, then this Sublease shall be automatically terminated without delivery\nof written notice by either party. Upon any such termination, Sublessor shall\npromptly refund to Sublessee, without interest, any advance monthly rent and any\nsecurity deposit theretofore paid by Sublessee to Sublessor (but Sublessor shall\nnot be obligated to reimburse the out-of-pocket costs incurred by Sublessee in\nconnection with entering into this Sublease), whereupon neither party shall have\nany further rights against or obligations to the other party.\n\n        20. COMPLIANCE. The parties hereto agree to comply with all applicable\nfederal, state and local laws, regulations, codes, ordinances and administrative\norders having jurisdiction over the parties, property or the subject matter of\nthis Agreement, including, but not limited to, the 1964 Civil Rights Act and all\namendments thereto, the Foreign Investment in Real Property Tax Act, the\nComprehensive Environmental Response Compensation and Liability Act, and The\nAmericans With Disabilities Act.\n\n        21. PARKING. Sublessor shall provide Sublessee with sixty (60)\nunreserved, non-exclusive parking spaces in accordance with the terms and\nconditions of the Master Lease.\n\n        22. ANTENNA. Sublessee shall have the right to install and maintain an\nantenna on the roof of the Building provided Sublessee complies with all of the\nterms and conditions of Paragraph 51 of the Master Lease (Satellite Dish) with\nrespect to any antenna for the benefit of Lessor and Sublessor.\n\n\n\n                                       6\n\n\nSublessor: FINISAR CORPORATION               Sublessee: REDBACK NETWORKS, INC.\n\n\nBy:  \/s\/ S. K. Workman                       By: \/s\/ Craig M. Gentner\n    -------------------------------              -------------------------------\n\nTitle:                                       Title:\n       ----------------------------                 ----------------------------\n\n\nBy:                                          By:\n    -------------------------------              -------------------------------\n\nTitle:                                       Title:\n       ----------------------------                 ----------------------------\n\n\nBy:                                          By:\n    -------------------------------              -------------------------------\n\nTitle:                                       Title:\n       ----------------------------                 ----------------------------\n\n\n                          LESSOR'S CONSENT TO SUBLEASE\n\nThe undersigned ('Lessor'), lessor under the Master Lease, hereby consents to\nthe foregoing Sublease without waiver of any restriction in the Master Lease\nconcerning further assignment or subletting. Lessor certifies that, as of the\ndate of Lessor's execution hereof, Sublessor is not in default or breach of any\nof the provisions of the Master Lease, and that the Master Lease has not been\namended or modified except as expressly set forth in the foregoing Sublease.\n\nLessor:  AETNA LIFE INSURANCE COMPANY\n\n\nBy: \/s\/ Cynthia Stevenin\n    -------------------------------\n\nTitle:\n       ----------------------------\n\n\nBy:\n    -------------------------------\n\nTitle:\n       ----------------------------\n\nDate:\n      -----------------------------\n\n\n\n                                       7\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[6587,7527,8660],"corporate_contracts_industries":[9440,9512],"corporate_contracts_types":[9583,9579],"class_list":["post-41782","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-aetna-inc","corporate_contracts_companies-finisar-corp","corporate_contracts_companies-redback-networks-inc","corporate_contracts_industries-health__plans","corporate_contracts_industries-technology__semiconductors","corporate_contracts_types-land__ca","corporate_contracts_types-land"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/41782","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=41782"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41782"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41782"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41782"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}