{"id":41785,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/1399-east-moffett-park-drive-sunnyvale-ca-sublease-infoseek2.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"1399-east-moffett-park-drive-sunnyvale-ca-sublease-infoseek2","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/1399-east-moffett-park-drive-sunnyvale-ca-sublease-infoseek2.html","title":{"rendered":"1399 East Moffett Park Drive (Sunnyvale, CA) Sublease &#8211; Infoseek Corp., Redback Networks Inc. and Limar Realty Corp. #8"},"content":{"rendered":"<pre>                           FIRST AMENDMENT TO SUBLEASE\n\n\n        THIS FIRST AMENDMENT TO SUBLEASE ('Amendment') is dated for reference\npurposes only as of January 15, 1999, and is made by and between INFOSEEK\nCORPORATION, a Delaware Corporation ('Sublessor'), and REDBACK NETWORKS, INC., a\nDelaware corporation ('Sublessee').\n\n                                    RECITALS\n\n        A. Pursuant to that certain Standard NNN Lease dated March 4, 1997, as\namended by that certain First Amendment to Lease dated June 9, 1997, and that\ncertain Second Amendment to Lease dated July 15, 1997 (collectively, the 'Master\nLease'), Sublessor leases that certain real property commonly known as 1399 East\nMoffett Park Drive, Sunnyvale, CA (the 'Master Premises') from Limar Realty\nCorp. #8 (the 'Master Lessor').\n\n        B. Pursuant to that certain Sublease dated as of January 12, 1998 (the\n'Sublease'), Sublessor subleases to Sublessee a portion of the Building located\non the Master Premises, which subleased portion is deemed to contain 20,462\nsquare feet of space (the 'Subleased Premises').\n\n        C. Sublessor and Sublessee wish to amend the Sublease on the terms and\nconditions stated herein to increase the square footage of the Subleased\nPremises and to modify and amend certain other provisions of the Sublease.\n\n                                    AGREEMENT\n\n        NOW, THEREFORE, for consideration, the adequacy and receipt of which are\nhereby acknowledged, Sublessor and Sublessee agree as follows:\n\n        1. Incorporation of Recitals and Definitions. The foregoing recitals are\nincorporated into and made a part of this Amendment. Terms which are capitalized\nin this Amendment and which are not defined herein shall have the meanings\nascribed to them in the Sublease.\n\n        2. Modifications of Sublease. Notwithstanding anything to the contrary\ncontained in the Sublease, as of the Effective Date (as defined in Section 3\nbelow), the Sublease shall hereby be modified and amended as follows:\n\n               2.1 Subleased Premises. The Subleased Premises shall be increased\nto include an additional twelve thousand (12,000) square feet of space (the\n'Additional Space') located on the first floor of the Building, as more\nparticularly described on Exhibit A attached hereto and made a part hereof. The\ntotal square footage of the Subleased Premises, including the Additional Space,\nshall be deemed to be 32,462 square feet of space.\n\n               2.2 Rent. The Monthly Base Rent for the remainder of the Term\nshall be increased from Thirty-Three Thousand Three Hundred Fifty-Three Dollars\n($33,353) to Fifty-Two Thousand Nine Hundred Thirteen Dollars ($52,913).\n\n               2.3 Additional Rent. The percentage share of Sublessor's\nOperating Expenses due and payable by Sublessee shall be increased from 22.27%\nto 35.32%.\n\n\n\n\n                                       1\n\n\n               2.4 Sublease Common Areas.\n\n                      2.4.1 Exercise Room. As more particularly described on\nExhibit A, the Sublease Common Areas shall include Sublessor's exercise room\nlocated on the first floor of the Building; provided, however, that the use of\nsuch exercise room by Sublessee and its employees shall be (i) restricted to\nonly those employees of Sublessee who have signed a release and waiver of\nliability agreement in a form acceptable to Sublessor and shall be subject to\nall other rules, regulations and restrictions promulgated by Sublessor in its\nsole but reasonable discretion, (ii) subject to all other terms and conditions\nregarding the Sublease Common Areas stated in the Sublease, and (iii) at\nSublessee's sole risk and responsibility, notwithstanding anything to the\ncontrary contained in the Sublease. In addition to Sublessee's other indemnity\nobligations under the Sublease, Sublessee shall indemnify, protect, defend and\nhold harmless Sublessor and Master Lessor and their agents, employees,\nsuccessors and assigns from and against all liabilities, losses, claims, demands\ncosts, expenses (including reasonable attorneys fees), causes of action, and\njudgements, including, without limitation, injury or death to persons or damage\nor loss to property, arising from or in any way connected with Sublessee's or\nits employees' use of the exercise room.\n\n                      2.4.2 Security Card Reader. Sublessee shall as soon as\nreasonably practicable, at Sublessee's sole cost and expense, and in accordance\nwith all requirements of the Sublease regarding the installation of improvements\nor alterations to the Subleased Premises, install a security card reader on the\n'C' Lobby door located in the Building which will allow employees of either\nSublessor or Sublessee to enter that set of doors. The plans and specifications\nfor such installation work shall be subject to the advance written approval (not\nto be unreasonably withheld or delayed) of Sublessor and no such installation\nwork will be performed by Sublessee unless and until such approval is given by\nSublessor.\n\n               2.5 Office Cubicle Reimbursement. The cubicles currently located\nin the Additional Space (the 'Cubicles') shall remain and be delivered with the\nAdditional Space in 'as-is, where is' condition, without any representation or\nwarranty whatsoever by Sublessor as to the adequacy, condition, or suitability\nof such Cubicles for any particular use or purpose. Subject to the terms and\nconditions of the Sublease, as modified by this Amendment, Sublessee may use the\nCubicles in the Additional Space during the Term. At the expiration or earlier\ntermination of the Sublease, and in addition to Sublessee's other surrender\nobligations under the Sublease, Sublessee shall surrender all of the Cubicles to\nSublessor in the same condition and location where they were received, normal\nwear and tear excepted. If the Cubicles are not so surrendered, Sublessee shall\nbe deemed in default under the Sublease and, in addition to any other rights or\nremedies that Sublessor may have, Sublessor may perform any necessary repair or\nreplacement of such Cubicles and deduct all costs incurred in connection\ntherewith from Sublessee's security deposit. As reimbursement to Sublessor for\nthe rental cost of the Cubicles, Sublessee shall pay to Sublessor during the\nTerm Three Thousand Dollars ($3,000) per month, which reimbursement shall be\npaid to Sublessor at the same time that Rent is due and payable under the\nSublease.\n\n        3. Effective Date. As used herein, the 'Effective Date' shall mean the\ndate upon which Sublessor has delivered possession of the Additional Space to\nSublessee. Notwithstanding the foregoing, if for any reason, Sublessor does not\ndeliver possession of the Additional Space to Sublessee by March 31, 1999, then\nSublessee, as its sole and exclusive remedy, may by written notice delivered to\nSublessor not later than April 10, 1999, cancel this Amendment, whereupon this\nAmendment shall be deemed null, void and of no further force or effect, except\nthat Sublessee shall be obligated to immediately surrender possession of any\ntemporary space (as \n\n\n                                       2\n\n\ndescribed below) to Sublessor in the condition required by the Sublease, and\nSublessee shall continue to be bound by and to perform its obligations under the\nSublease.\n\n        4. Temporary Space. If prior to the Effective Date, Sublessor determines\nthat office space within the Building is available for temporary use by\nSublessee's employees, then Sublessor shall offer such space to Sublessee on a\ntemporary basis. The temporary use of such space by Sublessee's employees shall\nbe subject to all of the terms and conditions of the Sublease, including without\nlimitation, the payment of Rent (Monthly Base Rent for such temporary space\nshall be calculated at the rate of $1.63 per square foot of such space,\nreimbursement for the use of any cubicles will be calculated at the rate of\n$0.25 per square foot, and Sublessee's share of Sublessor's Operating Expenses\nshall be increased proportionately by the amount of such space), and any other\nterms and conditions reasonably requested by Sublessor. The parties shall\nmemorialize their agreement regarding any such temporary space in writing as an\namendment to the Sublease.\n\n        5.     Miscellaneous.\n\n               5.1 Consent of Master Lessor. Notwithstanding anything to the\ncontrary contained in this Amendment, this Amendment shall have no force or\neffect unless and until it has been approved by Master Lessor in writing.\n\n               5.2 Counterparts. This Amendment may be executed in any number of\noriginal counterparts, all of which evidence only one agreement, and only one of\nwhich need be produced for any purpose.\n\n               5.3 Confirmation. Sublessor and Sublessee hereby ratify and\nconfirm all of the terms and provisions of the Sublease, as amended by this\nAmendment, and the Sublease, as so amended, shall continue in full force and\neffect.\n\n                            [Signature page follows]\n\n\n\n\n                                       3\n\n\n        IN WITNESS WHEREOF, the parties hereto have executed this Amendment as\nof the day and year first above written.\n\n'Sublessor'                         'Sublessee'\n\nINFOSEEK CORPORATION,               REDBACK NETWORKS, INC.,\na Delaware corporation              a Delaware corporation\n\n\n\nBy:     \/s\/ LESLIE E. WRIGHT        By:  \/s\/ Geoffrey C. Darby\n     -------------------------      --------------------------\nPrinted                             Printed\nName:    Leslie E. Wright           Name:    Geoffrey C. Darby\n     -------------------------      --------------------------\n\nTitle:   COO\/CFO                    Title:   CFO\n     -------------------------      --------------------------\n\n\n\n\nBy:                                 By:\n   ------------------------------      ------------------------------\nPrinted                             Printed\nName:                               Name:\n     ----------------------------        ----------------------------\nTitle:                              Title:\n      ---------------------------         ---------------------------\n\n\n                            CONSENT OF MASTER LESSOR\n\n        Master Lessor hereby acknowledges receipt of a copy of this Amendment.\nMaster Lessor hereby consents to this Amendment. By this consent, Master Lessor\nshall not be deemed to have entered into the Sublease or to have consented to\nany further amendment of the Sublease.\n\nMaster Lessor:\n\nLIMAR REALTY CORP. #8,\na California corporation\n\nBy: \/s\/  THOMAS A. NUMAINVILLE\n   ----------------------------------\nPrinted\nName:    THOMAS A. NUMAINVILLE\n     --------------------------------\nIts:  SENIOR V.P.\n     --------------------------------\n\n\n\n                                       4\n\n                                    Exhibit A\n\n                         Depiction of Subleased Premises\n\n                                (To be attached)\n\n                                       5\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n                                BUILDING LAYOUT\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n                                       6\n\n                          MEMORANDUM OF UNDERSTANDING\n                                    BETWEEN\n                   INFOSEEK, INC. AND REDBACK NETWORKS, INC.\n\n1.   RedBack will sublease the rest of Bldg. C's first floor - approximately \n     12,000 sq. ft. starting no later than 3\/31\/99.\n\n2.   Triple Net square foot cost before allocated\/shared expenses, for $1.63 \n     per sq. ft.\n\n3.   Monthly cost per square foot for leasing the existing cubicles will be 25 \n     cents per sq. ft.\/mo.\n\n4.   Monthly allocated expense percentage will be recalculated using the \n     formula in the original sublease.\n\n5.   The add-on sublease contract to be co-terminus with the current sublease \n     termination date of 9\/30\/99.\n\n6.   Until RedBack can take over the rest of the first floor, Infoseek will \n     work with RedBack, on a space available basis, to house additional\n     employees.\n\n7.   Both companies will share the first floor workout room.\n\n8.   RedBack will install a security card reader on the 'C' Lobby door so that \n     either Infoseek or RedBack employees can use that set of doors.\n\n\n\/s\/  GEOFF DARBY                        \/s\/  LES WRIGHT\n------------------------------          -------------------------------\nGeoff Darby, CFO, Redback               Les Wright, COO, Infoseek\n\n\n     1\/11\/99                                 1\/11\/99\n------------------------------          -------------------------------\nDate                                    Date\n\n\nTHIS MEMORANDUM OF UNDERSTANDING ('MOU') IS INTENDED SOLELY TO FACILITATE \nDISCUSSIONS AMONG THE PARTIES. THIS MOU IS NOT INTENDED TO CREATE NOR SHALL IT \nBE DEEMED TO CREATE A LEGALLY BINDING OR ENFORCEABLE AGREEMENT, OFFER, OR THE \nLIKE OF ANY TYPE OR NATURE AND NEITHER PARTY SHALL HAVE ANY LEGAL OBLIGATION \nWHATSOEVER PURSUANT TO THIS MOU.\n\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7854,8660],"corporate_contracts_industries":[9513],"corporate_contracts_types":[9583,9579],"class_list":["post-41785","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-infoseek-corp","corporate_contracts_companies-redback-networks-inc","corporate_contracts_industries-technology__software","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\/41785","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=41785"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41785"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41785"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41785"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}