{"id":41855,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/48634-milmont-drive-fremont-ca-sublease-premisys.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"48634-milmont-drive-fremont-ca-sublease-premisys","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/48634-milmont-drive-fremont-ca-sublease-premisys.html","title":{"rendered":"48634 Milmont Drive (Fremont, CA) Sublease &#8211; Premisys Communications Inc. and Accrue Software Inc."},"content":{"rendered":"<pre>                          SECOND AMENDMENT TO SUBLEASE\n\n\n         This Second Amendment to Sublease (this \"Amendment\") is entered into as\nof February 11, 2002 (the \"Amendment Date\"), by and between PREMISYS\nCOMMUNICATIONS, INC., a Delaware corporation (\"Sublessor\"), and ACCRUE SOFTWARE,\nINC., a Delaware corporation (\"Sublessee\").\n\n                                    RECITALS\n\n         A. On June 4, 1998 AETNA LIFE INSURANCE COMPANY, a Connecticut\ncorporation (\"Master Lessor\"), as Landlord, and Sublessor, as Tenant, entered\ninto a lease (the \"Master Lease\") for certain premises (the \"Master Premises\")\nconsisting of approximately 29,840 rentable square feet located in the building\n(the \"Building\") commonly known as 48634 Milmont Drive, Fremont, California\n94538, as more particularly described in the Master Lease.\n\n         B. Sublessor and Sublessee subsequently entered into a sublease dated\nas of February 3, 1999, as amended by that certain First Amendment to Sublease\ndated as of February 15, 2000 (collectively, the \"Sublease\"), whereby Sublessee\nsubleased from Sublessor the Master Premises.\n\n         C. Sublessor and Sublessee desire to extend the Term of the Sublease \nand reduce the size of the sublet premises.\n\n                                    AGREEMENT\n\n         NOW, THEREFORE, for good and valuable consideration, the receipt and\nsufficiency of which are hereby acknowledged by the parties hereto, Sublessor\nand Sublessee agree as follows:\n\n         1. Definitions. Unless otherwise defined herein, any capitalized term \nused herein shall have its respective meaning as set forth in the Sublease.\n\n         2. Reduction of Premises. Subject to all the terms and conditions of\nthe Sublease, as modified by this Amendment, Sublessor and Sublessee hereby\nagree that for the extension of the Term, the portion of the Master Premises\nsubleased by Sublessee shall be reduced from twenty nine thousand eight hundred\nforty (29,840) rentable square feet to nineteen thousand two hundred fifty-five\n(19,255) rentable square feet, as more particularly shown on Exhibit \"A\"\nattached hereto (the \"Premises\").\n\n         3. Term and Commencement Date.  The Term shall be extended for a period\nof one (1) year commencing April 1, 2002 (the \"Renewal Commencement Date\") and \nexpiring March 31, 2003.\n\n\n\n\n\n         4.  Base Rent.  Beginning on the Renewal Commencement Date, monthly \nBase Rent shall be Nineteen Thousand Nine Hundred Eighty and 50\/100 Dollars\n($19,980.50) to be paid in accordance with the terms of the Sublease.\n\n         5.  Increase in Base Rent. Sublessor and Sublessee acknowledge and \nagree that if the remaining portion of the Master Premises not being subleased\nto Sublessee (the \"Remainder Premises\") is sublet by Sublessor to a sublessee or\nthe Master Lease with respect to the Remainder Premises is assigned to an\nassignee at any time during the Term on the first month following the\ncommencement of such sublease or assignment, Sublessee shall pay as Base Rent an\nadditional One Thousand Two Hundred Dollars ($1,200.00) per month for a total\nBase Rent of Twenty One Thousand One Hundred Eighty and 50\/100 Dollars\n($21,180.50) per month. Sublessor shall immediately provide Sublessee with\nnotice of such sublease or assignment and increase in Base Rent upon execution\nof the sublease or assignment.\n\n         6.  Security Deposit. The Security Deposit shall not be increased or\ndecreased as a result of this Amendment and Sublessor shall retain the existing\nSecurity Deposit in the amount of Twenty Eight Thousand Seven Hundred Fifty Four\nand 40\/100 Dollars ($28,754.40).\n\n         7.  Sublessee's Proportionate Share. Upon the Renewal Commencement Date\nand throughout the Term hereof, Sublessee shall pay its proportionate share of\nAdditional Rent as required under the Master Lease. Sublessee's proportionate\nshare of Additional Rent shall be thirty three and sixty eight one-hundredths\npercent (33.68%).\n\n         8.  Payment of Utilities and Other Expenses. In addition to the\nAdditional Rent, Sublessee, at its sole cost and expense, shall pay all utility\ncosts and janitorial expenses to Sublessor for the entire Master Premises. If\nthe Remainder Premises is sublet or assigned during the Term, Sublessee shall be\nrequired to pay only its share of such costs, which will be sixty four and one\nhalf percent (64.5%).\n\n         9.  Condition of Premises.  Sublessor and Sublessee acknowledge and \nagree that Sublessee is currently occupying the Premises and, thus accepts the\nPremises in \"AS-IS\" condition.\n\n         10. Removal of Improvements from Remainder Premises. Sublessor and\nSublessee acknowledge that Sublessee has made certain alterations and\nimprovements (collectively, the \"Improvements\") to the Remainder Premises during\nits occupancy thereof. Upon the expiration of the Term, Sublessee agrees to\nsurrender the Remainder Premises in the condition required pursuant to the\nSublease, including the removal of all Improvements made to the Remainder\nPremises; provided, however, Sublessor may, at Sublessor's option, require\nSublessee to pay to Sublessor the estimated costs of removal in lieu of removing\nthe Improvements from the Remainder Premises. Notwithstanding the foregoing, at\nthe expiration of the Term, the Premises shall be surrendered in the condition\nrequired pursuant to the Sublease.\n\n         11. Sublessor's Right to Construct a Demising Wall. Sublessor and\nSublessee agree that if the Remainder Premises is sublet or the Master Lease\nwith respect to the Remainder \n\n\n                                      -2-\n\n\n\nPremises is assigned to an assignee at any time during the Term, Sublessor, at\nSublessor's sole cost and expense, shall have the right to construct a demising\nwall and other improvements (collectively, the \"Separation Improvements\")\nnecessary to separate the Premises from the Remainder Premises. Sublessor shall\nhave right to enter onto the Premises at reasonable times in order to construct\nthe Separation Improvements, but shall do so in a manner, which does not\nunreasonably interfere with Sublessee's use of the Premises.\n\n         12. Integration of Amendment and Sublease.  This Amendment and the \nSublease shall be deemed to be one instrument for all purposes. In the event of\nany conflict between the terms and provisions of this Amendment and the terms\nand provisions of the Sublease, the terms and provisions of this Amendment shall\ncontrol and prevail.\n\n         13. Counterparts.  This Amendment may be executed in two or more \ncounterparts, each of which shall be deemed an original, but all of which\ntogether shall constitute one instrument.\n\n         14. Consent.  This Amendment shall not be effective until Master Lessor\nhas consented in writing hereto. If such consent is not obtained within fifteen\n(15) days after the Renewal Commencement Date, then this Amendment shall be null\nand void.\n\n         15. Brokers. Sublessor and Sublessee each represents and warrants to\nthe other that neither it nor its officers or agents nor anyone acting on its\nbehalf has dealt with any real estate broker except CB Richard Ellis, Inc. (the\n\"Broker\") in the negotiating or making of this Amendment, and each party agrees\nto indemnify and hold harmless the other from any claim, costs and expenses,\nincluding reasonable attorneys' fees, incurred by the indemnified party in\nconnection with any claim of any other broker to a commission or finder's fee in\nconnection with this Amendment based on alleged dealings with the indemnifying\nparty. Sublessor shall pay to Broker a commission equal to four percent (4%) of\nthe Base Rent for the Term to be paid in accordance with the terms and\nconditions of a separate Broker's agreement entered into by Sublessor and the\nBroker.\n\n                  IN WITNESS WHEREOF, the parties hereto have executed and\ndelivered this Amendment the day and year first written above.\n\n\"SUBLESSOR\"                                    \"SUBLESSEE\"\n\nPREMISYS COMMUNICATIONS, INC., a               ACCRUE SOFTWARE, INC., a Delaware\nDelaware corporation                           corporation\n\nBy:                                            By:\n   --------------------------------               ------------------------------\nIts:                                           Its:\n    -------------------------------                -----------------------------\n\n\n\n                                      -3-\n\n\n\n\n                              MASTER LESSOR CONSENT\n\n         The undersigned, Master Lessor, hereby consents to the subletting of\nthe Expansion Space described herein on the terms and conditions contained in\nthe Sublease, as hereby amended. This consent shall apply only to the Sublease,\nas hereby amended, and shall not be deemed to be a consent to any other\nSublease, nor shall this consent constitute a release of Sublessor of any of its\nobligations as Tenant under the Master Lease.\n\nMASTER LESSOR:\n\nAETNA LIFE INSURANCE COMPANY,\na Connecticut corporation\n\nBy:                                         \n   -----------------------------------------\nIts:                                        \n    ----------------------------------------\n\n\n\n                                      -4-\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[6556,8569],"corporate_contracts_industries":[9516,9513],"corporate_contracts_types":[9583,9579],"class_list":["post-41855","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-accrue-software-inc","corporate_contracts_companies-premisys-communications-inc","corporate_contracts_industries-telecommunications__equipment","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\/41855","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=41855"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41855"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41855"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41855"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}