{"id":41817,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/2988-campus-drive-san-mateo-ca-sublease-e-piphany-inc-and.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"2988-campus-drive-san-mateo-ca-sublease-e-piphany-inc-and","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/2988-campus-drive-san-mateo-ca-sublease-e-piphany-inc-and.html","title":{"rendered":"2988 Campus Drive (San Mateo, CA) Sublease &#8211; E.piphany Inc. and Sina.com"},"content":{"rendered":"<pre>                                    SUBLEASE\n\n\n         This SUBLEASE (the \"Sublease\") is dated as of the 11th day of January,\n2002, by and between E.PIPHANY, INC., a Delaware corporation (\"Sublandlord\"),\nand SINA.com (\"Subtenant\").\n\n                                 R E C I T A L S\n\n\n         WHEREAS, pursuant to that certain Lease dated as of December 10, 1999\nby and between Peninsula Office Park Associates, a California limited\npartnership (\"Prime Landlord\"), as landlord, and Sublandlord, as tenant, (the\n\"Prime Lease\"), a copy of which Prime Lease is attached hereto as Exhibit A,\nSublandlord leased from Prime Landlord certain premises (the \"Original\nPremises\") located in the building commonly known as 2988 Campus Drive, San\nMateo, California (the \"Building\"), which Original Premises contain\napproximately 11,067 rentable square feet of space, as more fully described in\nthe Prime Lease; and\n\n         WHEREAS, Subtenant desires to sublease from Sublandlord a portion of\nthe Original Premises containing approximately 5,238 rentable square feet known\nas Suite 100 on the first floor of the Original Premises and more particularly\nshown on the floor plan attached hereto as Exhibit B (the \"Subleased Premises\"),\nand Sublandlord is willing to sublease the Subleased Premises to Subtenant on\nthe provisions, covenants and conditions hereinafter set forth.\n\n                                A G R E E M E N T\n\n         NOW, THEREFORE, for good and valuable consideration, and in\nconsideration of the mutual covenants made herein, the receipt and sufficiency\nof which are hereby acknowledged and agreed, Sublandlord hereby subleases to\nSubtenant and Subtenant hereby takes and hires from Sublandlord the Subleased\nPremises, on the terms and conditions set forth below:\n\n         I.   DEFINED TERMS. All terms defined in the Prime Lease and used \nherein shall, unless otherwise defined herein, have the meanings ascribed to \nsuch terms in the Prime Lease.\n\n         II.  TERM. The term of this Sublease (the \"Sublease Term\") shall\ncommence on March 1, 2002 (the \"Sublease Term Commencement Date\"), and shall\ncontinue until February 29, 2004, unless sooner terminated in accordance with\nthe provisions of this Sublease. Subtenant shall have the right to occupy the\nSubleased Premises as of date hereof through the Sublease Term Commencement Date\nsolely for the purposes of setting up office partitions and the computer and\nphone networks. During the period prior to the Sublease Term Commencement Date,\nSubtenant shall be subject to all of the rights and obligations under this\nSublease except for the obligation to pay Basic Rent.\n\n         III. OPTION TERM. Subtenant shall have an option to extend the Sublease\nTerm for one (1) twenty (20) month period (the \"Option Term\") exercisable by\nwritten notice to Sublandlord no later than sixty (60) days prior to the end of\nthe Sublease Term.\n\n\n\n\n\n\n         IV.   DELIVERY. The Subleased Premises shall be delivered to Subtenant,\nbroom-clean and free of all occupants but otherwise \"as-is, where-is and with\nall faults\", without representation or warranty, express or implied, and\nSubtenant hereby waives, disclaims and renounces any representation or warranty.\n\n         V.    INTENTIONALLY OMITTED\n\n         VI.   BASIC RENT. Subtenant shall pay to Sublandlord, in advance, in\nmonthly installments, without withholding, offset or reduction, Basic Rent at\nthe following rates:\n\n               March 1, 2002 through February 28, 2003       $9,000.00 per month\n               March 1, 2003 through February 29, 2004       $9,270.00 per month\n\n         In the event Subtenant exercises its option to extend the Sublease Term\npursuant to Section III hereof, Subtenant shall pay to Sublandlord, in advance,\nin monthly installments, without withholding, offset or reduction, Basic Rent\nduring the Option Term at the following rates:\n\n               March 1, 2004 through February 28, 2005       $9,548.10 per month\n               March 1, 2005 through September 30, 2005      $9,834.54 per month\n\nBasic Rent for any partial calendar months at the beginning or end of the\nSublease Term shall be prorated on a daily basis. Subtenant acknowledges that\nSublandlord's payments of Basic Rent for the Original Premises are paid to Prime\nLandlord on the first day of each calendar month during the Term and Subtenant\ntherefore covenants and agrees that its payments of Basic Rent hereunder shall\nbe paid to Sublandlord at least two (2) business days prior to the first of each\ncalendar month. Subtenant shall deliver $9,000.00 as payment for the first\nmonth's rent upon execution of this Sublease.\n\n         VII.  ACCESS SYSTEM. Subtenant shall pay to Sublandlord as additional\nrent a monthly fee of Two Hundred Twenty Five and 00\/100 Dollars ($225.00) for\nthe use of the ADT Card Entry System (the \"ADT System\") currently in place at\nthe Subleased Premises. This fee shall cover the initial set up of the system\nand normal monitoring. Subtenant shall buy from Sublandlord access cards for\nSubtenant's employees at a charge of Nine and 00\/100 Dollars ($9.00) per card.\nReplacement cards shall be charged at the same rate as new cards. Subtenant\nshall also pay to Sublandlord as additional rent the costs for any additional\nadministration of the ADT System by Sublandlord at the rate of Seventy and\n00\/100 Dollars ($70.00) per hour.\n\n         VIII. USE. The Subleased Premises shall be used and occupied for\ngeneral business office purposes and for no other use or purpose.\n\n         IX. SECURITY DEPOSIT. Upon execution hereof, Subtenant has delivered to\nSublandlord the sum of $9,000.00 (one (1) month of Basic Rent) (\"Subtenant's\nSecurity Deposit\"), such sum to be held by Sublandlord as security for the\nperformance of Subtenant's obligations under this Sublease. Upon the occurrence\nof any default by Subtenant hereunder after expiration of any applicable grace\nor cure periods, Subtenant agrees that Sublandlord may apply all or any part of\nSubtenant's Security Deposit, together with accrued interest, if any, to any\nobligation of Subtenant hereunder. Such application shall not excuse the default\nof Subtenant hereunder. If all or any portion of Subtenant's\n\n\n                                      -2-\n\n\n\nSecurity Deposit is applied by Sublandlord against any of Subtenant's\nobligations hereunder, Subtenant shall promptly restore Subtenant's Security\nDeposit to its original amount. Interest on Subtenant's Security Deposit shall\nin all instances be retained by Sublandlord. Subtenant's Security Deposit will\nbe returned to Subtenant within thirty (30) days of termination of this\nSublease.\n\n         X.   PRIME LEASE. Subtenant agrees that it will do nothing in, on or\nabout the Subleased Premises which would result in the breach by Sublandlord of\nits undertakings and obligations under the Prime Lease. Except for the following\nprovisions, this Sublease shall be subject to and on all of the terms and\nconditions as are contained in the Prime Lease and the provisions of the Prime\nLease are hereby incorporated into this Sublease as if Sublandlord were the\nlandlord thereunder and Subtenant the tenant thereunder:\n\n         The defined economic terms for \"Basic Rent,\" \"Security Deposit,\"\n\"Tenant Allowance,\" \"Term,\" \"Premises\" and the like are inapplicable;\n\n              A.     Section 3.2 of the Prime Lease (relating to escalation\n                     payments) are inapplicable;\n\n              B.     Section 31 of the Prime Lease (relating to brokers) is\n                     inapplicable;\n\n              C.     Exhibit B to the Prime Lease (relating to construction of\n                     the Original Premises) is inapplicable.\n\n         Where appropriate, references to \"Landlord\" in the Prime Lease shall be\ndeemed to mean \"Sublandlord\" hereunder and references to \"Tenant\" in the Prime\nLease shall be deemed to mean \"Subtenant\" hereunder, it being understood and\nagreed that Sublandlord will not be acting as, or assuming any of the\nresponsibilities of, Prime Landlord, and all references in the Prime Lease to\nLandlord-provided services or Landlord insurance requirements, and any other\nreferences which by their nature relate to the owner or operator of the\nBuilding, rather than to a tenant of the Building subleasing space to a\nsubtenant, shall continue to be references to Prime Landlord and not to\nSublandlord.\n\n         XI.  SUBTENANT'S COVENANTS. Subtenant covenants to Sublandlord to\nperform all of the covenants and obligations to be performed by Sublandlord as\nTenant under the Prime Lease as the same relate to the Subleased Premises and to\ncomply with this Sublease and the applicable provisions of the Prime Lease, as\nmodified by this Sublease, in all respects. If Subtenant shall fail to make any\npayment or perform any act required to be made or performed by Subtenant under\nthe Prime Lease pursuant to Subtenant's assumption of Sublandlord's obligations\nthereunder as they relate to the Subleased Premises, and such default is not\ncured by Subtenant by the first to occur of (i) one-half of the period specified\nin the Prime Lease for curing such default, or (ii) five (5) days prior to the\nexpiration of such Prime Lease cure period, Sublandlord, without waiving or\nreleasing any obligation or default hereunder, may (but shall be under no\nobligation to) make such payment or perform such act for the account and at the\nexpense of Subtenant, and may take any and all such actions as Sublandlord in\nits sole discretion deems necessary or appropriate to accomplish such cure. If\nSublandlord shall reasonably incur any expense in remedying such default,\nSublandlord shall be entitled to recover such sums upon demand from Subtenant as\nAdditional Rent under this Sublease.\n\n                                      -3-\n\n\n\n\n         XII.   SUBLANDLORD'S COVENANTS. Sublandlord covenants to Subtenant to\nperform all of the terms and provisions required of it under the Prime Lease and\nto promptly pay when due all rents due and accruing to Prime Landlord under the\nPrime Lease. Sublandlord will use reasonable efforts to enforce on behalf of\nSubtenant Sublandlord's rights under the Prime Lease. Nothing contained in this\nSublease shall be construed as a guarantee by Sublandlord of any of the\nobligations, covenants, warranties, agreements or undertakings of Prime Landlord\nin the Prime Lease, nor as an undertaking by Sublandlord to Subtenant on the\nsame or similar terms as are contained in the Prime Lease.\n\n         XIII.  INDEMNIFICATION. Subtenant and Sublandlord shall indemnify and\nhold the other party harmless from and against any and all claims, demands\nsuits, judgments, liabilities, costs and expenses, including reasonable\nattorney's fees, arising out of or in connection with such party's use and\npossession of the Subleased Premises, or arising out of the failure of such\nparty, its agents, contractors or employees to perform any covenant, term or\ncondition of this Sublease or of the Prime Lease to be performed by the\nrespective parties hereunder.\n\n         XIV.   ASSIGNMENT AND SUBLETTING. Subtenant shall be allowed to assign\nthis Sublease or sublet the Subleased Premises in whole or in part, only with\nthe prior written consent of Sublandlord and Prime Landlord pursuant to the\nterms of Section 14 of the Prime Lease. Any excess consideration derived from\nsaid assignment or sublet shall be divided pursuant to the terms of Section 14.3\nof the Prime Lease.\n\n         XV.    BROKERS. Each of Sublandlord and Subtenant represents and\nwarrants to the other that it has not dealt with any broker in connection with\nthis Sublease other than BT Commercial Real Estate (the \"Broker\"), and each\nagrees to indemnify, defend and hold the other harmless from and against any\nbreach of said representation and warranty. Sublandlord shall be responsible for\nany commission to be paid to the Broker pursuant to a separate agreement.\n\n         XVI.   INSURANCE. Subtenant shall comply with all insurance \nrequirements of the Prime Lease, including the provisions of Section 11 thereof.\nSubtenant shall deliver to Sublandlord certificates which evidence such \ninsurance prior to the Sublease Term Commencement Date, and thereafter as \nrequired under the Prime Lease, and shall name in all such insurance policies \nboth the Prime Landlord and Sublandlord as additional insureds thereunder.\n\n         XVII.  PARKING. Subtenant shall be entitled to the unassigned and\nnon-exclusive use of seventeen (17) parking spaces in the Parking Facility, in\naccordance with and subject to the terms of Section 36 of the Prime Lease.\n\n         XVIII. SIGNAGE. Subtenant shall be permitted to install signage at the\nentry to the Subleased Premises upon prior written consent of Sublandlord and\nPrime Landlord, which consent shall not be unreasonably withheld.\n\n         XIX.   MISCELLANEOUS.\n         \n                A.      Counterparts. This instrument may be signed in\n                        counterpart originals, which, taken together, shall\n                        constitute a single original instrument.\n\n                B.      Notices. Notices to Sublandlord or Subtenant required or\n                        permitted hereunder shall be sent in the manner\n                        prescribed in the Prime Lease to the Subleased\n\n\n                                      -4-\n\n\n\n                        Premises in the case of notices to Subtenant and in the\n                        case of notices to Sublandlord, as follows:\n\n                        E.piphany, Inc. \n                        Attn: Director of Real Estate Operations \n                        1900 South Norfolk Street, Suite 310 \n                        San Mateo, CA 94404\n\n                        With a copy to:\n\n                        Staubach Global Services\n                        E.piphany Lease Administrator\n                        15601 Dallas Parkway, Suite 400\n                        Addison, Texas  74001\n\n                C.      Amendments. This Sublease may not be changed or\n                        terminated orally but only by an agreement in writing\n                        signed by both Sublandlord and Subtenant.\n\n                D.      Estoppel Certificates. Sublandlord and Subtenant each\n                        agree to furnish within fifteen (15) days after written\n                        request therefor by the other, a certificate stating (i)\n                        that this Sublease is in full force and effect and has\n                        not been amended or modified (or describing such\n                        amendment or modification, if any); (ii) the dates\n                        through which Basic Rent and additional rent have been\n                        paid hereunder; and (iii) that there are no defaults\n                        under this Sublease known to the signer of the\n                        certificate (or specifying such defaults, if known).\n\n                E.      No Waiver. The failure of either party to insist on\n                        strict performance of any covenant or condition hereof,\n                        or to exercise any option contained herein, shall not be\n                        construed as a waiver of such covenant, condition or\n                        option in any other instance.\n\n                F.      Memorandum of Lease. Subtenant shall not record this\n                        Sublease or any memorandum hereof.\n\n                G.      Governing Law. This Sublease has been negotiated,\n                        executed and delivered in the State of California, and\n                        the parties agree that the rights and obligations of the\n                        parties under this Sublease shall be governed and\n                        construed in accordance with the laws of the State of\n                        California.\n\n                H.      Severability. The invalidity of any of the provisions of\n                        this Sublease will not impair or affect in any manner\n                        the validity, enforceability or effect of the rest of\n                        this Sublease.\n\n                I.      Entire Agreement. All understandings and agreements,\n                        oral or written, heretofore made between the parties\n                        hereto are merged in this Sublease, which alone fully\n                        and completely expresses the agreement between\n                        Sublandlord and Subtenant.\n\n\n                                      -5-\n\n\n\n                J.      Relationship Between the Parties. This Sublease does not\n                        create the relationship of principal and agent, nor does\n                        it create any partnership, joint venture, or any\n                        association or relationship between Sublandlord and\n                        Subtenant other than as and to the extent specifically\n                        provided in this Sublease, the sole relationship of\n                        Sublandlord and Subtenant being that of sublandlord and\n                        subtenant as provided in this Sublease.\n\n                K.      Remedies Cumulative. Except as specifically provided\n                        herein, all rights and remedies of Sublandlord under\n                        this Sublease shall be cumulative and none shall exclude\n                        any other rights and remedies allowed by law.\n\n                L.      Condition Precedent. The effectiveness of this Sublease\n                        is expressly subject to and conditional upon obtaining\n                        Prime Landlord's written consent to this Sublease\n                        pursuant to Section 14 of the Prime Lease.\n\n                M.      Termination. If either Prime Landlord or Sublandlord\n                        terminates the Prime Lease pursuant to its terms or if\n                        the Prime Lease otherwise terminates or expires, this\n                        Sublease shall likewise and simultaneously terminate.\n\n\n                     [REMAINDER OF PAGE INTENTIONALLY BLANK]\n\n                                      -6-\n\n\n\n\n         IN WITNESS WHEREOF, the parties have executed this Sublease as an\ninstrument under seal as of the date first written above.\n\n                                  SUBLANDLORD:\n\n                                  E.PIPHANY, INC., a Delaware corporation\n\n\n                                  By: \/s\/                       \n                                      -----------------------------------\n                                      Name:\n                                      Title:   Senior Vice President and\n                                               Chief Investment Officer\n\n\n                                  SUBTENANT:\n\n                                  SINA.com\n\n                                  By: \/s\/                       \n                                      -----------------------------------\n                                      Name:   Frank Hurst Lin\n                                      Title:  VP of BD, GM\n\n\n                                      -7-\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[8837],"corporate_contracts_industries":[9513],"corporate_contracts_types":[9583,9579],"class_list":["post-41817","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-sinacom","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\/41817","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=41817"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41817"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41817"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41817"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}