{"id":41845,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/10590-north-tantau-avenue-cupertino-ca-sublease-tandem.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"10590-north-tantau-avenue-cupertino-ca-sublease-tandem","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/10590-north-tantau-avenue-cupertino-ca-sublease-tandem.html","title":{"rendered":"10590 North Tantau Avenue (Cupertino, CA) Sublease &#8211; Tandem Computers Inc. and Concentric Research Corp."},"content":{"rendered":"<pre>\n                                   SUBLEASE\n\n\n     This Sublease, dated June 22, 1995, is made between Tandem Computers\nIncorporated, a Delaware Corporation, having an office at 19333 Vallco Parkway,\nCupertino, California 95014 ('Sublandlord') and Concentric Research Corporation,\na Florida Corporation ('Subtenant').\n\nTHIS SUBLEASE IS MADE WITH REFERENCE TO THE FOLLOWING FACTS:\n\n     (A) Speiker French #130, Limited Partnership, a Texas Limited Partnership,\n('Master Landlord') and Tandem Computers, Inc., entered into a written Lease and\nAmendment Number One dated January 26, 1988 and February 5, 1990, respectively,\nand subsequently amended by, Extension Agreement dated March 23, 1993, for the\nPremises located at 10590 North Tantau Avenue, Cupertino, California.  Said\nLease, Amendment Number One and Extension Agreement are herein collectively\nreferred to as the 'Master Lease' and is attached hereto as Exhibit 'A-1'.\n\n     (B) Sublandlord desires to lease to Subtenant a portion of the Building\nleased by Master Landlord to Sublandlord, and Subtenant desires to lease such\nportion of the Building from Sublandlord\n\n     (C) Master Landlord desires to consent to this Sublease by executing the\n'Consent of Master Landlord' provision at the end of this Sublease.\n\n     Therefore, Sublandlord and Subtenant agree as follows:\n\n1.   SUBJECT TO MASTER LEASE:   This Sublease is subject to terms and conditions\nof the Master Lease and Subtenant shall not permit any act or omission to act\nthat will violate any provision of the Master Lease; provided that such act or\nomission is within the reasonable control of Subtenant. Subtenant shall comply\nwith the terms and conditions of the Master Lease and shall promptly perform all\nobligations of Tenant under the Master Lease to the extent that terms,\nconditions and obligations are incorporated herein and applicable to the\nPremises. Sublandlord does not assume the obligations of the Master Landlord\nunder the Master Lease, but shall exercise due diligence in attempting to cause\nthe Master Landlord to perform its obligations under the Master Lease for the\nbenefit of Subtenant. Except to the extent caused by the negligence or willful\nmisconduct of Sublandlord, its agents, employees, contractors or invitees, or a\nbreach of Sublandlord's obligations as tenant under the Master Lease (to the\nextent those obligations are not Subtenant's under this \n\n \nLease) Sublandlord shall not be liable to Subtenant for Master Landlord's\nfailure to perform any of Master Landlord's obligations under the Master Lease,\nnor shall Sublandlord have any obligations to bring legal proceedings or take\nany other action against Master Landlord to assure performance of Master\nLandlord's obligations under the Master Lease. After giving Sublandlord a\nreasonable opportunity to enforce the Master Lease,, Subtenant may, at its\nexpense, enforce the Master Lease in the name of Sublandlord.\n\n     1.1  INCORPORATION BY REFERENCE:  The terms and conditions of this Sublease\nshall include various sections of the Master Lease, which are  incorporated into\nthis Sublease as if fully set forth, except as modified in this paragraph and\nexcept that; (i) each reference in such incorporated sections to 'Lease' shall\nbe deemed a reference to 'Sublease'; (ii) each reference to the 'Premises' shall\nbe deemed a reference to the Premises as defined in this Sublease; (iii) each\nreference to 'Landlord and 'Tenant' shall be deemed a reference to 'Sublandlord'\nand 'Subtenant' respectively, except as otherwise expressly set forth herein;\nand (iv) with respect to work, services, repairs, restoration, insurance or the\nperformance of any other obligation of Master Landlord under the Master Lease,\nthe sole obligation of Sublandlord shall be to request the same in writing from\nMaster Landlord as and when requested to do so by Subtenant, and to use\nSublandlord's reasonable efforts (without requiring Sublandlord to spend more\nthan a nominal sum) to obtain Master Landlord's performance.\n\n     The following paragraphs of the Master Lease hereby are incorporated into\nthis Sublease:\n\n     PARAGRAPH 1:  except that references to 'Premises' shall be as defined\n     -----------                                                           \n     below in Paragraph 2 of Sublease Agreement.\n\n     PARAGRAPH 4.A AND 4.B:  except that references to Landlord' shall mean\n     ---------------------                                                 \n     either 'Master Landlord' or Sublandlord';\n\n     PARAGRAPH 4.C:\n     --------------\n\n     PARAGRAPH 5.:  except that references to 'Landlord' shall mean 'Master\n     ------------                                                          \n     Landlord only;\n\n     PARAGRAPH 7:\n     ------------\n\n     PARAGRAPH 8.A: except that references to 'Landlord' shall mean only 'Master\n     -------------                                                              \n     Landlord';\n\n \n     PARAGRAPHS 8.B AND 8.C:  except that references to 'Landlord' shall mean\n     ----------------------                                                  \n     both 'Master Landlord' and 'Sublandlord';\n\n     PARAGRAPHS 10:  except that (a) references to 'Landlord' in the first and\n     -------------                                                            \n     fourth sentences shall mean only 'Master Landlord' (b) the fifth sentence\n     of this paragraph shall be deleted; and (c) references to 'Landlord' in the\n     seventh sentence shall mean either 'Master Landlord' or 'Sublandlord';\n\n     PARAGRAPH 11:  except that Sublandlord will enter into a regularly\n     ------------                                                      \n     scheduled preventive maintenance\/service contract for the heating and air\n     conditioning systems.  Subtenant is responsible for the cost of said\n     maintenance\/service contract and shall reimburse Sublandlord on a monthly\n     basis.\n\n     PARAGRAPH 12:  except that (a) references to 'Landlord' in the first\n     ------------                                                        \n     through fifth sentences shall mean both 'Master Landlord' and\n     'Sublandlord', and (b) references to 'Tenant's Proportionate Share of Basic\n     Operating Costs' shall mean Operating Expenses;\n\n     PARAGRAPH 13:  except that references to 'Landlord' shall mean both 'Master\n     ------------                                                               \n     Landlord' and Sublandlord';\n\n     PARAGRAPH 14:  except that (a) the first three references to 'Landlord' in\n     ------------                                                              \n     the first sentence shall mean either 'Master Landlord' or 'Sublandlord';\n     (b) the fourth and last reference to 'Landlord' in the first sentence shall\n     mean both 'Master Landlord' and 'Sublandlord'; (c) the reference to\n     'Landlord' in the third sentence shall mean either 'Master Landlord' or\n     Sublandlord'; and (d) the references\n\n \nto 'Landlord' in the fourth and fifth sentences shall mean both 'Master\nLandlord' and 'Sublandlord';\n\n     PARAGRAPH 15:\n     -------------\n\n     PARAGRAPH 16:   except that references to 'Landlord' shall mean only\n     ------------                                                        \n     'Master Landlord';\n\n     PARAGRAPH 18 AND 20:    except that reference to\n     -------------------                             \n     'Landlord' shall mean only 'Master Landlord';\n\n     PARAGRAPH 21:   except that (a) the references to 'Landlord' in the first\n     ------------                                                             \n     through third sentences shall mean both 'Master Landlord' and\n     'Sublandlord'; (b) the first two references to 'Landlord' in the fourth\n     sentence shall mean either 'Master Landlord' or 'Sublandlord'; (c) the\n     third reference to 'Landlord' in the fourth sentence shall mean both\n     'Master Landlord' and 'Sublandlord'; and (d) the reference to 'Landlord' in\n     the fifth sentence shall mean either 'Master Landlord' or 'Sublandlord';\n\n     PARAGRAPH 22:   except that the second reference to 'Landlord' shall mean\n     -------------                                                            \n     either 'Master Landlord' or 'Sublandlord';\n\n     PARAGRAPH 23:   EXCEPT that all references to 'Landlord' shall mean only\n     ------------                                                            \n     'Master Landlord';\n\n     PARAGRAPHS 24.A. B. D. AND E: except that all references to 'Landlord'\n     ----------------------------                                          \n     shall mean 'Master Landlord';\n\n     PARAGRAPH 24.C:B\n     ----------------\n\n     PARAGRAPH 26:\n     -------------\n\n     PARAGRAPH 27:\n     -------------\n\n     PARAGRAPH 30, 31, 32.A, 32.9, 33, 34, 35, AND 36:\n     -------------------------------------------------\n\n     PARAGRAPH 38:   except that reference to 'Landlord' shall mean both 'Master\n     ------------                                                               \n     Landlord' and 'Sublandlord';\n\n     ADDENDUM NO. 3. 4 AND 5.\n     ------------------------\n\n \n     ADDENDUM NO. 9:\n     ---------------\n\n\n     ADDENDUM NOS. 10 AND 11:  except that references to 'Landlord' shall mean\n     -----------------------                                                  \n     both 'Master Landlord' and 'Sublandlord';\n\n     EXHIBIT 'A':    and\n     -----------        \n\n     EXTENSION AGREEMENT:    except for Paragraphs 1), 2) and 3).\n     -------------------                                         \n\n     All other paragraphs of the Master Lease not specifically incorporated in\n     this paragraph, either in full or as modified, or not otherwise referenced\n     in this Sublease are hereby excluded.\n\n2.   PREMISES       Approximately Twenty-Three Thousand Seven Hundred Seventy-\nEight (23,778) square feet in the subject\n\n \nBuilding ('Premises'), further described as 10590 North Tantau Avenue,\nCupertino, California.  The Premises are shown on attached Exhibit 'B-l', which\nby this reference is incorporated herein.\n\n3.   USE:     Subtenant shall use the Premises for general office,\nadministration, sales, related uses associated with providing data\ncommunications and interactive on-line services, and any related lawful purpose\nin conformity with municipal zoning requirements\n\n4.   TERM:    The term ('Term') of the Sublease shall be for a period of Thirty-\nFour (34) months commencing on July 1, 1995 (or upon the substantial completion\nof Tenant Improvements outlined in Exhibit 'C-1' (whichever occurs later), and\nshall end on April 30, 1998, (Ending Date'), unless sooner terminated by the\nprovision of this Sublease.  In the event that Sublandlord permits Subtenant to\noccupy the Premises prior to the commencement of the Term, such occupancy shall\nbe subject to all provisions of this Sublease.\n\n5.   COMMENCEMENT DATE:     In the event the Tenant Improvements outlined in\nExhibit 'C-l' are not completed on or before July 1, 1995 ('Commencement Date'),\nthen the Commencement Date shall be deemed to be the date on which said Tenant\nImprovements are substantially completed.  Said Tenant Improvements shall be\ndeemed to be substantially completed when all of the following have occurred:\n\na.        The Tenant Improvements have been substantially completed except for:\n          (i)punch list items which do not prevent Subtenant from using the\n          Premises for its intended use;\n\nb.        Sublandlord has delivered possession of the Premises to Subtenant.\n\n6.   DELAY IN COMMENCEMENT:     Notwithstanding said commencement date, if for\nany reason Sublandlord cannot deliver possession of the Premises to Subtenant on\nsaid date, Sublandlord shall not be subject to any liability therefore, nor\nshall such failure affect the validity of this Sublease or the obligations of\nSubtenant hereunder or extend the term hereof, but in such case Subtenant shall\nnot be obligated to pay rent until possession of the Premises is tendered to\nSubtenant; provided, however, that if Sublandlord shall not have delivered\npossession of the Premises within sixty (60) days from said Commencement Date,\nSubtenant may, at Subtenant's option, by notice in writing to Sublandlord within\ntwenty (20) days thereafter, cancel this \n\n \nSublease, in which event the parties shall be discharged from all obligations\nthereunder and all monies previously paid by Subtenant to Sublandlord and the\nSecurity Deposit shall be promptly returned to Subtenant.\n\n7.   EARLY OCCUPANCY:  Upon full execution of this Sublease, Subtenant shall\nhave the right to occupy the front office portion of the Premises (see attached\nExhibit 'B-i') prior to the commencement date.  If Subtenant occupies said\nportion of Premises, such occupancy shall not advance the Commencement Date or\nthe termination date.  No rent and no building expenses shall be due during this\nearly occupancy period.\n\n8.   CONDITION OF PREMISES:     As of the Commencement Date Sublandlord warrants\nto Subtenant that the Premises including sidewalks, driveways, parking lot,\ntruck doors and mechanical, electrical, plumbing, roof and roofing systems will\nbe in good operating condition and repair. In addition, Sublandlord has no\ninformation that would lead it to believe that the Premises do not comply in any\nmaterial respect with any underwriter's requirements or with applicable laws,\nordinances, codes, rules, orders, directions and regulations of lawful\ngovernment authorities, including, without limitation, the Americans with\nDisabilities Act of 1990.\n\nShould Subtenant subsequently elect to undertake any alterations, additions or\nconstruction to the Premises, Subtenant shall be solely responsible for any\nliability as a result of any non-compliance with applicable legal regulations in\nconnection with Subtenant's work; further, Sublandlord's approval of any of\nSubtenant's plans or specifications shall not relieve Subtenant of any such\nresponsibility, or liability to Sublandlord under this Sublease.\n\n9.   EASE MONTHLY RENT:     Subtenant shall pay to Sublandlord as Base Monthly\nRent, without deduction, off-set, notice, or demand except as specifically\nprovided for in this Sublease, at the location specified in Paragraph 34\n(Notices) of this Sublease or at such other place as Sublandlord shall designate\nfrom time to time by notice to Subtenant, the Monthly Rent in advance on the\nfirst day of each month of the Term.  If the Term begins or ends on a day other\nthan the first or last day of a month, the rent for the partial month shall be\nprorated on a per diem basis. The Subtenant shall pay Base Monthly Rent as\nfollows:\n\n \n \n     Months                   Base Monthly Rent\n     ------                   -----------------\n                             \n     Months 1 through 34      $20,449.00 (Twenty Thousand,\n                              Four Hundred Forty-Nine\n                              Dollars)\n \n\n \n10.  OPERATING EXPENSE INCREASE:     Subtenant shall pay to Sublandlord during\nthe Sublease term hereof, in addition to the Base Monthly Rent, Subtenant's\nShare, as hereinafter defined, of the amount by which all Operating Expenses, as\nhereinafter defined, for each Comparison Year exceeds the amount of all\nOperating Expenses for the Base Year (adjusted to reflect a fully occupied\nbuilding), such excess being hereinafter referred to as 'Operating Expense\nIncrease' in accordance with the following provisions:\n\n     (a)  'Subtenant's Share' is defined, for the purposes of the Sublease, as\n     Fifty-Eight percent (58%).  This percentage has been determined by dividing\n     the appropriate square footage of the Premises by the total approximate\n     square footage of the rentable space contained in the building.  It is\n     understood and agreed the square footage figures set forth in Paragraph 2\n     are approximations which Sublandlord and Subtenant agree are reasonable and\n     shall not be subject to revision except in connection with an actual change\n     in the size of the Premises or a change in the space available for lease in\n     the building.\n\n     (b) 'Base Year' is defined as the calendar year in which Sublease term\n     commences.\n\n     (c)  'Comparison Year' is defined as each calendar year during the term of\n     this Sublease subsequent to the Base Year; provided, however, Subtenant\n     shall have no obligation to pay a share of the Operating Expense Increase\n     applicable to the first twelve (12) months of the Sublease Term (other than\n     such as are mandated by a governmental authority due to Subtenant's\n     particular use of the Premises, as to which government mandated expenses\n     Subtenant shall pay Subtenant's Share, notwithstanding they occur during\n     the first twelve (12) months) .  Subtenant's Share of the Operating\n     Expenses for the first and last Comparison Years of the Sublease Term shall\n     be prorated according to that portion of such Comparison Year as to which\n     Subtenant is responsible for a share of such increases.\n\n     (d)  'Operating Expenses' is defined, for the purposes of this Sublease as\nthe sum of the following: (i) 'Tenant's Proportionate Share' of 'Basic Operating\nCost' as defined in the Master Lease (including, without limitation, Paragraph 7\nand Addendum Nos. 3, 4, and 5 of the Master Lease.\n\n     (e) Notwithstanding anything to the contrary stated herein or in the Master\nLease, Operating Expenses shall not include and \n\n \nSubtenant shall in no event have any obligation to pay directly or to reimburse\nSublandlord for any of the following costs; (i) costs occasioned by the act,\nomission or violation of any law by Sublandlord, any other occupant of the\nbuilding or their respective agents, employees or contractors; (ii) costs\noccasioned by fire, acts of God, or other casualties or by the exercise of\neminent domain; (iii) costs to correct any construction defect in the Premises\nor the building or to comply with any covenant, condition, restriction,\nunderwriter's requirement or law applicable to the Premises or the building on\nthe Commencement Date; (iv) costs of any renovation, improvement, painting or\nredecorating of any portion of the building not made available for Subtenant's\nuse; (v) costs incurred in connection with negotiations or disputes with any\nother occupant of the building and costs arising from the violation by\nSublandlord or any other occupant of the building (other than Subtenant) of the\nterms and conditions of any lease or other agreement; (vi) increases in\ninsurance costs caused by the activities of another occupant of the building\n(including, without limitation, Sublandlord), insurance deductibles, and co-\ninsurance payments, (vii) costs to investigate, remediate, remove or dispose of\nHazardous Materials which were not caused by Subtenant's activities on the\nPremises or the building; (viii) costs relating to the repair, maintenance and\nreplacement of the structural elements of the building (including, without\nlimitation, the roof); (ix) costs for which Sublandlord has a right of\nreimbursement from others, or costs which Subtenant pays directly to a third\nperson; and (x) costs which could properly be capitalized under generally\naccepted accounting principles and which relate to repairs, alterations,\nimprovements, equipment and tools to the extent that Subtenant's Share of the\ntotal cost of such capital item exceeds in any Comparison Year, the annual\namortized cost of the item based on its useful life determined in accordance\nwith generally accepted accounting principles.\n\n     (f)  Subtenant's share of Operating Expenses Increase shall be payable by\nSubtenant within thirty (30) days after a reasonably detailed statement of\nactual expenses is presented to Subtenant by Sublandlord.  At Sublandlord's\noption, however, an amount may be estimated by Sublandlord from time to time in\nadvance of Subtenant's Share of Operating Expenses Increase for any Comparison\nYear, and the same shall be payable monthly or quarterly, as Sublandlord shall\ndesignate, during each Comparison Year of the Sublease term, on the same day as\nthe Base Monthly Rent is due hereunder.  In the Event Subtenant pays\nSublandlord's estimate of Subtenant's Share of Operating Expense Increase as\naforesaid, Sublandlord shall deliver to Subtenant within sixty (60) days after\nthe expiration of each Comparison Year a reasonable detailed statement showing\nSubtenant's Share of the \n\n \nactual Operating Expense Increase incurred during such year. If Subtenant's\npayments under this paragraph during said Comparison Year exceeds Subtenant's\nShare as indicated on said statement, Subtenant shall be entitled to credit the\namount or such overpayment against Subtenant's Share of Operating Expense\nIncrease next falling due. If Subtenant's\n\n \npayments under this paragraph during said Comparison Year were less than\nSubtenant's Share as indicated on said statement, Subtenant shall pay to\nSublandlord the amount of the deficiency within ten (10) days after the delivery\nby Sublandlord to Subtenant shall forthwith adjust between them by cash payment\nany balance determined to exist with respect to that portion of the last\nComparison Year for which Subtenant is responsible as to Operating Expense\nIncreases, notwithstanding that the Sublease term may have terminated before the\nend of such Comparison Year.\n\n     Sublandlord shall promptly provide any additional supporting documentation\n     with respect to the foregoing expenses that Subtenant shall reasonably\n     request. Subtenant shall have the right to cause an audit of Sublandlord's\n     books and records for the sole purpose of determining the accuracy of any\n     Sublandlord's statement of Operating Expense Increases.  If such audit\n     reveals that the actual direct expenses for any given year were less than\n     the amount that Subtenant paid for Operating Expenses for any such year,\n     then Sublandlord shall pay to Subtenant the excess.  If such audit reveals\n     a discrepancy of more than ten percent (10%) of the actual amount of\n     Operating Expenses, then Sublandlord shall pay the cost of such audit.  If\n     such audit reveals that the actual direct expenses for any given year were\n     more than the amount that Subtenant paid for Operating Expenses for any\n     such year, then Subtenant shall pay to Sublandlord the balance and\n     Subtenant shall pay the cost of such audit.  In addition, at the written\n     request of Subtenant, Sublandlord shall perform an audit of Master\n     Landlord's books pursuant to Paragraph 7.E of the Master Lease for the\n     purposes of verifying the calculation of Operating Expenses; provided,\n     however, that Subtenant shall bear any reasonable costs incurred by\n     Sublandlord (and not recovered from Master Landlord) in connection\n     therewith.\n\n11.  TENANT  IMPROVEMENTS:   Prior to the Commencement Date, Sublandlord, at\nSublandlord's expense shall provide the building improvements to the existing\ninteriors as described on Exhibit 'C-l' (Tenant Improvements) .  Subtenant is\nresponsible for all costs of Tenant Improvements exceeding $128,877.00 (One\nHundred Twenty-Eight Thousand, Eight Hundred Seventy-Seven and no\/100 Dollars);\nprovided, however, that no costs shall be incurred by Sublandlord in excess of\nsuch amount without the prior written consent of Subtenant.\n\nThe Tenant Improvements shall be constructed in accordance with all applicable\nlaws, in a good and workmanlike manner, free of defects and using new materials\nand equipment of good quality. \n\n \nSublandlord shall obtain at least two (2) competitive bids for the Tenant\nImprovement work and Subtenant shall have the right to approve the contractor\nengaged to perform such work. Within thirty (30) days after the Commencement\nDate, Subtenant shall have the right to submit a written 'punch-list' to\nSublandlord setting forth any defective item of construction, and Sublandlord\nshall promptly cause such items to be corrected. Subtenant's acceptance of the\nPremises or submission of a 'punch-list' shall not be deemed a waiver of\nSubtenant's right to have defects in the Tenant Improvements or the Premises\nrepaired at no cost to Subtenant. Subtenant shall give notice to Sublandlord\nwhenever any such defect becomes reasonable apparent, and Sublandlord shall\nrepair such defect as soon as practicable.\n\nNotwithstanding anything to the contrary set forth herein, the cost of the\nTenant Improvements shall not include (and Subtenant shall have no\nresponsibility for) any of the following: (i) costs attributable to improvements\ninstalled outside the demising walls of the Premises unless (1) necessitated by\nTenant Improvements made inside the demising walls of the Premises, or (2)\nrequested by Subtenant or as described in Exhibit C-1; (ii) costs for\n                                          -----------   \nimprovements which are not described in Exhibit C-l unless otherwise approved\n                                        -----------\nby Subtenant; (iii) attorney's fees incurred in connection with negotiation of\nconstruction contracts, and attorney's fees, experts' fees and other costs of\nlegal and arbitration proceedings to resolve construction defects; (iv)loan\nfees, mortgage brokerage fees, interest and other costs of financing\nconstruction costs; (v) costs included as a consequence of delay (unless the\ndelay is caused by Subtenant, its agents, contractors, licenses, or invitees) or\nconstruction disputes with third parties; (vi) penalties and late charges\nattributable to the failure to pay construction costs in accordance with the\nSublease except to the extent that such penalties and late charges arise due to\ndelays caused by Subtenant, its agents, contractors, licensees or invitees;\n(vii) any mark-up charged by Sublandlord in connection whit the construction of\nthe Tenant Improvements; and (viii) any costs due to the negligence or willful\nmisconduct of any party (other than Subtenant or its employees or agents),\nincluding, without limitation, Sublandlord, Sublandlord's architects and\ncontractors, and their respective employees and agents.\n\n12.  TAXES:   Subtenant shall pay any taxes or fees (not otherwise included in\nOperating Expenses) that might be directly imposed by any governmental authority\nupon Subtenant or as a result of this Sublease or the transfer of any property\nor interests in property under this Sublease.\n\n13.  CONDITION OF PREMISES AT TIME OF SURRENDER:\n\n \nNotwithstanding anything to the contrary contained herein, Subtenant's\nobligation with respect to the surrender of the Premises shall be fulfilled if\nSubtenant surrenders possession of the Premises in the condition existing at the\nCommencement Date, ordinary wear and tear, acts of God, casualties,\ncondemnation, Hazardous Materials (other than those released or emitted by\nSubtenant in or about the Premises), and alterations or other interior\nimprovements made by Subtenant which Sublandlord states in writing may be\nsurrendered at the termination of the Sublease, excepted.\n\n14.  OBLIGATIONS OF SUBLANDLORD:     Sublandlord agrees to maintain the Master\nLease during the Term of this Sublease, subject, however to any termination of\nthe Master Lease without fault of Sublandlord.  Sublandlord agrees to comply\nwith or perform all of its obligations under the Master Lease that Subtenant has\nnot assumed under this Sublease.  Sublandlord will maintain the HVAC Systems at\nSubtenant's expense.  Provided, however, Sublandlord does not assume the\nobligations required to be kept or performed by the Master Landlord under the\nMaster Lease.\n\n15.  BASE RENTAL DEPOSIT:  Upon Subtenant's execution of this\nSublease, Subtenant shall deposit with Sublandlord the sum of\n$20,449.00 (Twenty Thousand. Four Hundred Forty-Nine and no\/100 Dollars.  Said\ndeposit shall constitute as Base Monthly Rent for the first (1st) month of the\nSublease term.\n\n16.  SECURITY DEPOSIT: Subtenant shall provide Sublandlord, upon execution\nhereof, with access to a one year Certificate of Deposit issued by Silicon\nValley Bank in the amount of $80,000 as security for Subtenant's faithful\nperformance of Subtenant's obligations hereunder.  Interest earned by this\nCertificate of Deposit shall accrue to the account of Subtenant.  In the event\nof any breach of any of the terms of this Sublease, Sublandlord shall have the\nunrestricted right, upon five (5) days written notice to both Subtenant and to\nSilicon Valley Bank, to payment from Silicon Valley Bank to the account of\nSublandlord of so much of the Certificate of Deposit as is then due and unpaid\nfrom Subtenant to Sublandlord, together with any other damages incurred by\nSublandlord as a result of the breach.  Subtenant shall immediately replace any\nsuch amount with another Silicon Valley Bank Certificate of Deposit with the\nsame terms.  Failure to so replace the Certificate of Deposit shall be a\nmaterial breach of this Sublease.\n\nUpon expiration of the one year Certificate of Deposit, Subtenant shall provide\nSublandlord with a cash security deposit in the amount of (Twenty-One Thousand\nand no\/100 Dollars ($21.000) as\n\n \nsecurity for Subtenant's faithful performance of Subtenant's obligations\nhereunder. If Subtenant fails to pay rent or other charges due hereunder, or\notherwise defaults with respect to any provision of this Sublease, Sublandlord\nmay use, apply or retain all or any portion of said deposit for the payment of\nany rent or other charge in default to for the payment of any other sum to which\nSublandlord may become obligated by reason of Subtenant's default, or to\ncompensate Sublandlord for any loss or damage which Sublandlord may suffer\nthereby. If Sublandlord so uses or applies all or any portion of said deposit,\nSubtenant shall within ten (10) days after Written demand therefore deposit cash\nwith Sublandlord in an amount sufficient to restore said deposit to the full\namount herein above stated and Subtenant's failure to do so shall be a material\nbreach of this Sublease. Sublandlord shall not be required to keep said deposit\nseparate from its general accounts. If Subtenant performs all of Subtenant's\nobligations hereunder, said deposit, or so much thereof as has not theretofore\nbeen applied by Sublandlord, shall be returned, without payment of interest or\nother increment for its use to Subtenant (or at Sublandlord's option, to the\nlast assignee, if any, of Subtenant's interest hereunder) at the expiration of\nthe term hereof, and after Subtenant has vacated the Premises. No trust\nrelationship is created herein between Sublandlord and Subtenant with respect to\nsaid Security Deposit.\n\n17.  CASUALTY DAMAGE AND CONDEMNATION:   To the extent the Master Lease gives\nSublandlord any right to terminate the Master Lease in the event of a casualty\nor condemnation affecting the Premises, Sublandlord shall not cancel or\nterminate the Master Lease without the prior written consent of Subtenant.\n\n18.  PARKING: Notwithstanding anything to the contrary contained in the Master\nLease, Subtenant shall only have the non-exclusive right to park in those\ncertain designated areas of the 'Exterior Area' as shown in the site plan\nattached hereto as Exhibit 'B-2', maximum of ninety-five (95) parking spaces\n(its pro-rata share) within said designated areas.\n\n19.  NO OPTION TO EXTEND:   Subtenant shall not have any option of extend the\nterm of this Subtenant beyond its original Term.\n\n20.  INDEMNIFICATION:  Except to the extent caused by the negligence or willful\nmisconduct of Sublandlord, its agents, employees, contractors or invitees,\nSubtenant shall indemnify, defend with counsel reasonably acceptable to\nSublandlord, protect and hold Sublandlord harmless from and against any and all\nclaims, liabilities, judgments, causes of action, damages, costs and expenses\n(including reasonable attorneys' and experts' fees) caused by or arising in\nconnection with (i) the negligence or\n\n \nwillful misconduct of Subtenant or its employees, contractors, agents or\ninvitees, or (ii) a breach of Subtenant's obligations under this Sublease or the\nprovisions of the Master Lease assumed by Subtenant hereunder. Subtenant's\nindemnification of Sublandlord shall survive the termination of this Sublease.\n     Except to the extent caused by the negligence or willful misconduct of\nsubtenant, its agents, employees, contractors or invitees, Sublandlord shall\nindemnify, defend with counsel reasonably acceptable to Subtenant, protect and\nhold Subtenant harmless from and against any and all reasonable claims,\nliabilities, judgments, causes of action, damages, costs and expenses (including\nreasonable attorney's and expert's fees) caused by or arising  in connection\nwith; (i) a breach of Sublandlord's obligations under this Sublease; (ii) a\nbreach of Sublandlord's obligations as tenant under the Master Lease to the\nextent those obligations are not assumed by Subtenant under this Sublease; or\n(iii) the negligence or willful misconduct of Sublandlord or its agents,\nemployees, contractors or invitees occurring on or about the Premises.\nSublandlord's indemnification of Subtenant shall survive the termination of this\nSublease.\n\n21.  TERMINATION OF MATER LEASE:     If the Master Lease is terminated for any\nreason beyond the reasonable control of Sublandlord, this Sublease shall\nterminate simultaneously, and any unearned rent paid in advance and the Security\nDeposit shall be promptly refunded to the Subtenant.\n\n     Under no circumstance shall this sublease be extended beyond the\nexpiration, surrender termination of the Master Lease. Whether the Master Lease\nexpires by its own terms, is terminated for Sublandlord's default, is terminated\nor surrendered by agreement of Master Landlord and Subtenant, or is terminated\nfor any other reason.\n\n22.  HOLDOVER:     If Subtenant shall holdover and retain possession of the\nPremises or any part of the Premises after the termination of this Sublease,\nwithout Master Landlord's consent, it shall constitute a default by subtenant\nand entitle Sublandlord to reenter and take possession of the Premises.\nSubtenant shall pay Sublandlord for each day of such retention, the amount of\nthe daily rental for the last month prior to the date of  expiration or\ntermination.  Subtenant shall also pay all damages (including consequential\ndamages) sustained by Sublandlord to Master Landlord on or otherwise on account\nof such holding-over.\n\n\n23.  RIGHT TO CURE DEFAULT:     If Subtenant fails to do any act\n\n \nrequired of itunder the Sublease Sublandlord may, after the passage of the\napplicable notice and cure period, do so, and Subtenant shall promptly pay the\ncost thereof plus interest at the rate of twelve percent (12%) per annum from\nthe date Sublandlord made payment for such act.\n\nIf Sublandlord fails to do any act required of it hereunder, Subtenant may,\nafter thirty (30) days after the date of Subtenant's written notice to\nSublandlord identifying the failure, and after the passage of the applicable\nnotice and cure period, do so, and Sublandlord shall promptly pay the cost\nthereof plus interest at the rate of twelve percent (12%) per annum from the\ndate Subtenant made payment for such act.\n\n24.  BINDING ON SUCCESSORS: The provision of this Sublease shall extend to and\nshall bind and inure to the benefit of Sublandlord and Subtenant and of their\nrespective successors and assigns.\n\n25.  SEVERABILITY:       The unenforceability, invalidity, or\nillegality of any provision of this Sublease shall not render the other\nprovisions unenforceable, invalid, or illegal.\n\n26.  NOTICES: All notices shall be in writing, mailed certified mail, postage\nprepaid, addressed to the parties as follows:\n\nSublandlord:                  Subtenant:\n\nTandem Computers Inc.         Concentric Research Corporation\n19333 Vallco Parkway\nCupertino, CA 95014\nAttn: Corporate Real Estate\n      and Construction\n\nwith Copy of Default          Master Landlord:\nNotice To:\n\nTandem Computers Inc.         Speiker-French #130, Limited\n19333 Vallco Parkway          Partnership\nCupertino, CA 95014           2180 Sand Hill Rd., Suite 200\nAttn:                         General Counsel\n                              Menlo Park, CA  94025\n\nEither party may, by notice, change the address to which notices are to be sent.\n\n27.  APPROVAL OF MASTER LANDLORD:    If Sublandlord fails to obtain Master\nLandlord's consents within ten (10) days after execution of this Sublease by\nSublandlord, than Sublandlord or Subtenant may terminate this Sublease by giving\nthe other party\n\n \nwritten notice thereof, and Sublandlord shall return to Subtenant its payment of\nthe first month's Base Monthly Rent and the Security Deposit paid by Subtenant.\n\n28.  ENVIRONMENTAL CONDITION:   Sublandlord hereby represents and warrants to\nSubtenant that to the best of Sublandlord's knowledge, that no hazardous, toxic\nor radioactive materials that are currently regulated under state or federal law\n(collectively, 'Hazardous Materials') have been introduced to the Premises by\nSublandlord which may affect the condition of the Premises.\n\n     Indemnification by Sublandlord:  Sublandlord shall indemnify, defend,\nprotect and hold Subtenant, its employees, agents, officers and directors,\nharmless from and against all claims, accidents, suits, proceedings, judgments,\nlosses, costs, damages, liabilities (including, without limitation, sums paid in\nsettlement of claims), deficiencies, fines, penalties, punitive damages or\nexpenses, (including, without limitation, reasonable attorneys', experts', and\nconsultants' fees, investigation and laboratory fees, court costs and litigation\nexpenses) directly or indirectly resulting from the presence of any Hazardous\nMaterials in, on or under the Property caused by Sublandlord, unless such\nHazardous Materials were introduced by Subtenant or by anyone other than\nSublandlord.\n\n     Subtenant's Obligations:  Subtenant shall comply with all applicable laws\nregarding Hazardous Materials.\n\n     Indemnification by Subtenant:  Subtenant shall indemnify, defend, protect\nand hold Sublandlord, its employees, agents, officers and directors, harmless\nfrom ad against all claims, accidents, suits, proceedings, judgments, losses,\ncosts, damages, liabilities (including, without limitation, reasonable\nattorneys', experts', and consultants' fees, investigation and laboratory fees,\ncourt costs and litigation expenses) , directly or indirectly resulting from the\npresence of any Hazardous Materials in, on or under the Property that were\nintroduced on the Property by Subtenant, or its agents, employees, vendors,\nsubcontractors or others working with or on behalf of Subtenant.\n\n      Survival of Obligation:  All obligations of Sublandlord and subtenant\nunder this Paragraph 28 shall survive the expiration or earlier termination of\nthe Sublease.\n\n29.  SUBLANDLORD DATA LINES:    Subtenant acknowledges that Sublandlord\ncurrently has active data communication lines consisting of fiber and copper\ndistribution cables running into and out of Room #1099 (see attached floor\nplan).  Sublandlord will 'flag' these lines that are located above the ceiling\n\n \ntiles.  Subtenant agrees not to remove or disturb these lines.\n\n30. ENTIRE AGREEMENT: This Sublease together with the terms of the Master Lease\nincorporated herein, and all exhibits and attachments mentioned herein, contains\nthe entire agreement of the parties with respect to the subject matter of this\nSublease and supersedes all prior agreements and understandings between the\nparties.\n\n31. CONSENT OF MASTER LESSOR: This Sublease is made and entered into with the\nfull knowledge and agreement of Master Lessor which, by executing this sublease\nin the space below, hereby accepts this Sublease. By consenting to this\nSublease, Master Lessor agrees to give Sublandlord notification of any breach of\nthe Master Lease which might reasonable be expected to effect Subtenant's use of\nthe Premises. This consent shall apply to this Sublease only, and shall not be\ndeemed Master Lessor's consent to any other sublease.\n\n32. CONFLICT OF PROVISIONS: In the event of a conflict between the provisions of\nthis Sublease and those of the Master Lease, as between Sublandlord and\nSubtenant the provisions of this Sublease shall control.\n\n33. SUBLANDLORD'S COVENANTS: Sublandlord covenants and agrees that it shall not\nenter, without the prior written consent of Subtenant, which consent may be\nwithheld in Subtenant's sole discretion, any amendment to the Master Lease which\nprevents or materially adversely affects the use by Subtenant of the Premises in\naccordance with the terms of this Sublease, materially increases the obligations\nof Subtenant under this Sublease or materially restricts Subtenant's rights\nunder this Sublease.\n\n34. ASSIGNMENT OF RIGHTS: Sublandlord hereby assigns to Subtenant all warranties\ngiven and indemnities made by Master Landlord to Sublandlord under the Master\nLease with respect to the Premises, and any sums or proceeds received by\nSublandlord on account of Sublandlord's enforcement of any such warranties or\nindemnities, which would reduce Subtenant\/'\/s obligations hereunder, and shall\ncooperate with Subtenant to enforce all such warranties and indemnities.\n\n35. WAIVER OF SUBROGATION: Notwithstanding anything to the contrary contained in\nthis Sublease of the Master Lease, the parties hereto, including Master Landlord\nby reason of its consent hereto, each release the other and their respective\nagents, employees, successors, assignees and subtenants from\n\n \nall liability for injury to any person or damage to any property that is caused\nby or results from a risk is actually insured against, which is required to be\ninsured against under the Master Lease or the Sublease, or which would normally\nbe covered by the standard form of full replacement value 'all-risk, extended\ncoverage' casualty insurance, without regard to the negligence or willful\nmisconduct of the entity so released. Each party shall use its best efforts to\ncause each insurance policy it obtains to provide that the insurer thereunder\nwaives all right of subrogation as required herein in connection with any injury\nor damage covered by the policy. If such insurance policy cannot be obtained\nwith such waiver of subrogation, or\n\n \nif such waiver of subrogation is only available or additional cost and the party\nfor whose benefit the waiver is not obtained does to pay such additional cost,\nthen the party obtaining such insurance shall immediately notify the other\nparties of that fact.\n\n SUBLANDLORD                        SUBTENANT\n -----------                        ---------\n\n TANDEM COMPUTERS INCORPORATED      CONCENTRIC RESEARCH   \n CORPORATION                        a Florida Corporation   \n       \/s\/ Frank Robinson                \/s\/    Bergeron\n _______________________________    ________________________\n By                                 By\n     Vice President, Corporate,\n     Real Estate &amp; Site Services         Controller\n _______________________________    ________________________\n Title                              Title\n         6\/29\/95                              6\/28\/95\n _______________________________    ________________________\n Date                               Date\n\n\n          MASTER LANDLORD\n          ---------------\n\n     SPIEKER FRENCH #130\n     Limited Partnership, a\n     Texas Limited Partnership\n\n\n By \/s\/ \n\n\n _______________________________\n Title\n\n _______________________________\n Date\n\n \n                              EXTENSION AGREEMENT\n                              -------------------\n\nEXTENSION AGREEMENT to be attached to and form a part of lease (which together\nwith any amendments, modifications and extensions thereof is hereinafter called\nthe Lease) made the 23rd day of March, 1993 between SPIEKER FRENCH #130, LIMITED\nPARTNERSHIP A TEXAS LIMITED PARTNERSHIP, as Landlord and TANDEM COMPUTERS\nINCORPORATED, A DELAWARE CORPORATION, as Tenant covering the premises known as\n10590 N. Tantau Avenue, Cupertino, California.\n\nWitnesseth that the Lease is hereby renewed and extended for a further term of\nfive(5) years to commence on the first day of May, 1993, and to end on the\nthirtieth day of April, 1998, on condition that Landlord and Tenant comply with\nall the provisions of the covenants and agreements contained in the Lease,\nexcept:\n\n1)   Rental:   Rental for the premises shall be:\n\n               Months 1-30:   $41,151.00 per month plus operating expenses per \n                              Paragraph 7 and Addendum 5 of this Lease \n                              Agreement.\n\n               Months 31-60:  $46,089.00 per month plus operating expenses per \n                              Paragraph 7 and Addendum 5 of this Lease \n                              Agreement.\n\n   2)    Term and Possession:  Landlord shall not be required to provide tenant\nimprovements.\n\n   3)    Additional Paragraph 37 shall be amended to read as follows:\n\nProvided Tenant is not, and has not been, in default of its obligations under\nthis Lease, Tenant shall have an option to re-lease the Premises in 'as-is'\ncondition for a term of five (5) years at the then current market rent (for\ncomparable one-story office space in the ValIco Park, Cupertino area). In no\nevent will the monthly rental be less than the rental for the last month of the\nprevious term.\n\nTenant shall give Landlord written notice of its intent to exercise its option\nat least one hundred eighty (180) days prior to the expiration of the current\nlease term. Within fifteen (15) days after Tenant exercises its option to re-\nlease, Landlord will provide Tenant with the current market rental, as\ndetermined by Landlord for the extended term. Tenant shall have forty five (45)\ndays from notification by Landlord of option rent to accept Landlord's current\nmarket rent.\n\nThe parties are obligated to negotiate in good faith to agree on the market\nrental for the five (5) year rental adjustment. If the parties have not mutually\nagreed on the market rental adjustment for the five (5) year period provided\nherein within forty five (45) days from notification by Landlord to Tenant of\nLandlord's rental determination, each party hereon shall appoint one\nrepresentative who shall be a licensed real estate broker experienced in the\nleasing of office space in the County of Santa Clara to act as an arbitrator.\nThe two (2) arbitrators so appointed shall determine the current rental value\nfor the subsequent five (5) years for the use to which Tenant is then utilizing\nthe leased Premises pursuant to the terms and conditions of this Lease. The\ndetermination of said current rental value shall be made by said two (2)\narbitrators within ninety (90) days from notification by Landlord to Tenant of\nLandlord's rental determination and they shall submit said determination in\nwriting and signed by said arbitrators in duplicate. One of the written\nnotifications shall be delivered to Landlord and the other to Tenant.\n\n \nIn the event the two (2) arbitrators of the parties hereto cannot agree on the\ncurrent rental value for the Premises herein, said two (2) arbitrators shall\nappoint a third arbitrator who shall be a licensed real estate broker\nexperienced in the leasing of office space in the County of Santa Clara to act\nas an arbitrator. The current rental value for the subsequent five (5) year\nperiod shall be independently determined by the third of said arbitrators, which\nsaid determination shall be made within one hundred twenty (120) days from\nnotification by Landlord to Tenant of Landlord's rental determination. The role\nof the third arbitrator shall then be to immediately select from the proposed\nresolution of arbitrators #1 and #2 the one that most closely approximates the\nthird arbitrator's determination of market rental value. The third arbitrator\nshall have no right to adopt a compromise or middle ground or any modification\nof either of the two final proposed resolutions. The resolution the third\narbitrator chooses as most closely approximating his determination of the\nquestions in issue shall constitute the decision and award of the arbitrators\nand be final and binding upon the parties.\n\n \nThe parties hereto shall pay the charges of the arbitrator appointed by him and\nany expenses incurred by such arbitrator, The charges and expenses of the third\narbitrator, as provided herein, shall be paid by the parties herein in equal\nshares.\n\nIn the event either arbitrator #1 or arbitrator #2 fails to present a market\nrental figure within the thirty (30) day period, the rental presented by the\nother arbitrator shall be considered final and binding on both parties.\n\nIn the event the third arbitrator fails to present a current market rent within\nthe thirty (30) day period, then by mutual consent of Landlord and Tenant:\n\n (a) The time period shall be extended, or\n (b) If Landlord or Tenant do not wish to extend the period, a fourth\n     arbitrator shall be selected by arbitrator #1 and arbitrator #2 and a new\n     thirty (30) day period shall begin.\n\n     Notwithstanding anything to the contrary herein contained, Tenant's right\n     to extend the term by exercise of the foregoing option shall be conditioned\n     upon the following: at the time of exercise of the option, and at the time\n     of the commencement of the extended term, Tenant shall be in possession of\n     and occupying the Premises for the conduct of its business therein and the\n     same shall not be occupied by any assignee, subtenant or licensee. In no\n     event will the monthly rental be less than the rental for the last month of\n     the previous term.\n\n4)   Addendum No. 3 to Paragraph 7A(1) Basic Operating Costs of the Lease\nAgreement dated January 26, 1988 shall be amended to read as follows:\n\n     Notwithstanding anything to the contrary contained herein, Tenant shall\n     not, during the term of the Lease, be liable for increases in real property\n     taxes that result from a sale of the Project by Landlord. This cap on real\n     property taxes shall he applicable only to this sixty (60) month period and\n     shall not be applicable in the event of a sale of the Project to Tandem\n     Computers, Inc. during this period.\n\nIT WITNESS WHEREOF, the parties hereto have signed and sealed this Extension\nAgreement this 23rd day of March, 1993.\n\nLANDLORD:                                     TENANT:\n\nSpieker French #130, Limited Partnership,     Tandem Computers Incorporated,\na Texas Limited Partnership                   a Delaware Corporation\n\n\nBy: ___\/s\/____________________________  By: ___\/s\/_____________________________\n\nIts:     General Partner                Its  Manager of Corporate Real Estate\n     ---------------------------------      ---------------------------------\n\n \n                                 [Exhibit B-1\n\n                       Floorplan of 10590 Tantau Avenue]\n\n \n                                 [Exhibit B-2\n\n                                Exterior Area]\n\n \n                              TENANT IMPROVEMENTS\n\n                     10590 N. TANTAU AVENUE, CUPERTINO, CA\n\n                                 EXHIBIT 'C-1'\n\n                           (SEE ATTACHED FLOOR PLAN)\n\n\n1.   Lobby #1000 - Install new carpet as provided by Tandem. Base board \nincluded.\n\n2.   Leave 1003-1005, and 1118-1125 as is. with the exception of demolition of\nthe wall and doors between offices 1123 &amp;1 124 and place an entrance door at the\nend of the hall. between 1122 &amp; 1125. Rework ceiling, lighting, and mechanical\nfor even distribution of services. Carpet to be patched as needed. Base board\nincluded.\n\n3.   Remove wall between (7) offices 1140-1146 to create warehouse office, \nstrip carpet down to concrete. Finish concrete to warehouse standard. Fill and\npatch (5) doors, add double doors for new entrance. Rework ceiling. lighting and\nmechanical for even distribution of services. Add power at perimeter for general\npurpose use.\n\n4.   Demo (3) offices in the following area to provide open office space: 1171-\n1173. Rework ceiling, lighting and mechanical for even distribution of services.\nProvide power in ceiling for 2 power poles. Remove and replace carpet.\n\n5.   Demo (5) offices in the following area to provide open office space: 1179- \n1183. Rework ceiling, lighting and mechanical for even distribution of services.\nProvide power in ceiling for 4 power poles. Remove and replace carpet.\n\n6.   Provide separate electrical metering capacity for the Computer Room. \nRelocate communication cables to adjacent wall in room 1126 for exclusive use of\nSubtenant.\n\n7.   Patch &amp; paint where name plates have been removed and damaged walls from\nprevious tenant.\n\n8.   Replace damaged or stained ceiling tiles throughout.\n\n9.   Test existing plumbing fixtures, doors closers, and light fixtures to be in\nworking order, repair or replace if required.\n\n10.  Kitchen\/Break Room: Demo wall between 1129 &amp; 1230, and remove the door in\n1229, on the south side. Install new linoleum for entire kitchen area.\n\n11.  Board Room: Demo wall between 1218 &amp; 1224, remove entry door of room 1224.\nand patch carpet.\n\n \n12.  Conference\/Reception Room: Demo wall between 1001 &amp; 1002. Leave all\nexisting doors and install one door on west wall in room 1002. In addition,\nplace floor to ceiling accordion wall to allow for subdivision of this room.\nAccordion wall location would be located between existing doors (running east &amp; west). Patch carpet.\n\n13.  Shower: Install one unisex shower facility on the back side of rooms 1151 &amp; 1152.\n\n14.  Bathrooms: Women's rest room-1152. replace linoleum, and repair damaged\ncounter top (counter is perforated just below the mirror &amp; above the sinks).\nPaint rest room walls.\n\n     Men's restroom- 1151, repair leaking 'wall urinal' and replace damaged\n     panel on which the urinal is attached. Repair and\/or replace toilet\n     dispenser's. Paint rest room walls.\n\n \n                                 [Exhibit C-1\n\n                               Subject Premises]\n\n \nLEASE AMENDMENT NUMBER ONE TO THE LEASE AGREEMENT DATED\nJANUARY 26, 1988, BETWEEN SPIEKER FRENCH #130, LIMITED\nPARTNERSHIP, A TEXAS LIMITED PARTNERSHIP, AS LANDLORD, AND\nTANDEM COMPUTERS INCORPORATED, A DELAWARE CORPORATION, AS\nTENANT, FOR PREMISES LOCATED AT 10590 TANTAU AVENUE, CUPERTINO,\nCALIFORNIA.\n\nEffective February 5, 1990, the above described Lease Agreement shall be\nmodified as follows. \n\n    1.  Addendum 6. Paragraph 8C. Indemnification of the Lease Agreement \nshall be deleted in its entirety and replaced with Addendum 6 below.\n\n        Addendum 6.  Paragraph Sc. Indemnification for Toxic\/Hazardous Materials\n        ------------------------------------------------------------------------\n\n        Landlord shall indemnify Tenant, and hold harmless Tenant , its\n        officers, agents. employees, shareholders, parent, subsidiary and\n        affiliate organizations against all liability, claims, loss, cost\n        damages, charges and expenses (including reasonable attorneys' fees,\n        clean-up costs, cost of court and expenses necessary in the prosecution\n        or defense of any litigation) by reason of injury to person or property,\n        including any liability for injury to person or property of Landlord,\n        its agents, servants, employees or invitees, while in or on the leased\n        Premises during the term of this Lease resulting from the negligence of\n        Landlord, its agents, servants, employees, invitees or authorized\n        representatives.\n\n        Tenant shall indemnify Landlord and hold harmless Landlord, its\n        officers, agents, employees, partners, subsidiary and affiliate\n        organizations against any claims, suits, loss, costs (including\n        attorneys' fees and clean-up costs), damage or liability by reason of\n        property damage (including the property of Landlord) or personal injury,\n        (including death) to alt extent the same results from pollution or toxic\n        contamination present, used, generated, manufactured, released,\n        discharged, stored or disposed of on the Premises regardless of who\n        caused the same, except for pollution or toxic contamination (i) (A)\n        originating on property which is not leased, owned or otherwise used or\n        controlled by Tenant and (B) which migrated through the air, groundwater\n        or otherwise to the Premises, or (ii) which was present on the Premises\n        on the date of Tenant's first occupancy of the Premises and was not\n        caused by Tenant or its agents.\n\n        As used in this section, 'Premises' means the real property which is the\n        subject matter of this lease and the adjoining real property, commonly\n        known as 10600 North Tantau Avenue\/10290 Pruneridge Avenue, Cupertino,\n        which adjoining real property is also currently leased to Tenant.\n\n    2.  The following sentence shall become the last sentence of Paragraph\n7A(4):\n\n         Tenant shall be permitted, at its option, to perform landscape\n         maintenance, so long as such maintenance is performed to Landlord's\n         complete satisfaction.\n\n    Dated:     February 5,1990\n\n \nWITNESS WHEREOF, this Amendment has been duly executed by the parties hereto\nas of the day and year first above written.\n\n\n\nLANDLORD:   SPIEKER-FRENCH #130         TENANT: TANDEM COMPUTERS, INC.\n\n\/s\/ John K French                       \/s\/ Frank Robinson\n__________________________________      ______________________________________\nBy: John K French, General Partner      By Frank Robinson, Director, Corporate\n                                        Real Estate and Construction \n     \n\n \n                            BASIC LEASE INFORMATION\n\nLEASE DATE:           January 26th, 1988\n\nTENANT;     Tandem Computers Incorporated, a Delaware Corporation\n\nADDRESS OF TENANT:    19191 Vallco Parkway, LOC 4-04 Cupertino, CA  95014 -0708\n\n\nLANDLORD:  Spieker-French #130, Limited Partnership, a Texas Limited Partnership\nADDRESS OF LANDLORD;  2180 Sand Hill Road, Suite 200 Menlo Park, CA  94025\n\n\nProject Description:  That two (2) building complex totaling 64,680 rentable\n     square feet situated on 4.46 acres of land commonly known as the Cupertino\n     Technology Center, Cupertino, California, The project is shown outlined in\n     green\nBuilding Description:  on Exhibit 'A'\n\n     That 41,151 square foot one story building known as 10590 Tantau Avenue, \n     The  Building is shown outlined\nPremises:    in blue on Exhibit 'A'.\n\n     The entire 41,151 square foot one story building known as 10590 Tantau\n Avenue,  The Premises are Permitted Use: outlined in red on Exhibit 'A',\n\n     General Office, including computer sales, service\n     and other related legal purposes.\n Occupancy Density:    One person per 250 rentable square feet\n\n\nScheduled Term Commencement Date: April 1, 1988\n \nLength of Term:            Sixty  (60) months\n \nRent:\n Base Rent;                See Addendum 2          $ _______________ per month\n \n Estimated First Year Basic Operating Cost:        $ 9.835           per month\n                                                     -----\n\nSecurity Deposit:     None\n\nTenant's Proportionate Share: 63.62%\n\n \nThe foregoing Basic Lease Information Is Incorporated Into and made a part of\nthis Lease. Each reference In this Lease to any of the Basic Lease Information\nshall mean the respective Information above and shall be construed to\nIncorporate all of the terms provided under the particular Lease paragraph\npertaining to such Information. In the event of any conflict between the Basic\nLease Information and the Lease, the latter shall control.\n\n \n                                  Exhibit A-1\n\nMaster Lease incorporated herein by reference from Exhibit 10.27.\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7174,7468],"corporate_contracts_industries":[9489,9519],"corporate_contracts_types":[9583,9579],"class_list":["post-41845","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-concentric-network-corp","corporate_contracts_companies-equity-office-properties-trust","corporate_contracts_industries-real__reits","corporate_contracts_industries-telecommunications__telephone","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\/41845","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=41845"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41845"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41845"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41845"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}