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Title:

Lease

Entities:

Nassda Corp.

Date:

2003

Size:

Preview shows 34KB of 202KB total

Price:

$83

ID:

#1112204

Start of Preview

Page

SUMMARY OF BASIC LEASE TERMS

1

ARTICLE 1 DEFINITIONS

4

ARTICLE 2 DEMISE, CONSTRUCTION, AND ACCEPTANCE

6

ARTICLE 3 RENT

8

ARTICLE 4 USE OF PREMISES

9

ARTICLE 5 TRADE FIXTURES AND ALTERATIONS

11

ARTICLE 6 REPAIR AND MAINTENANCE

13

ARTICLE 7 WASTE DISPOSAL AND UTILITIES

17

ARTICLE 8 COMMON OPERATING EXPENSES

20

ARTICLE 9 INSURANCE

24

ARTICLE 10 LIMITATION ON LANDLORD’S LIABILITY AND INDEMNITY

26

ARTICLE 11 DAMAGE TO PREMISES

27

ARTICLE 12 CONDEMNATION

29

ARTICLE 13 DEFAULT AND REMEDIES

30

ARTICLE 14 ASSIGNMENT AND SUBLETTING

32

ARTICLE 15 GENERAL PROVISIONS

36

SECTION

TERMS

(LEASE REFERENCE)

A.

(Introduction)

Lease Reference Date:

December 20, 2002

B.

(Introduction)

Landlord:

SAN TOMAS PROPERTIES, LLC a Delaware limited liability company

C.

(Introduction)

Tenant:

NASSDA Corporation a Delaware corporation

D.

(§ 1.20)

Premises:

That area consisting of approximately 23,716 square feet of gross leasable area in the second floor of the building located at 2650 San Tomas Expressway, Santa Clara, California 95051-0953. Such gross rentable area includes a proportionate share of the size of the Common Area entrance lobby to the Building and the rear fire exit lobby. The parties agree that the foregoing square footage of the Premises (including the proportionate share of the Common Area lobby) is deemed the actual gross rentable area of the Premises.

E.

(§1.21)

Project:

The land, the Building and other improvements shown on Exhibit A consisting of multiple buildings the aggregate gross leasable area of which is 476,477 square feet as of the date of this Lease. The gross leasable area of the Project referred to above shall be deemed the actual gross leasable area in the Project.

F.

(§ 1.7)

Building:

The building in which the Premises are located having an address of 2650 San Tomas Expressway, Santa Clara, California, and containing approximately 47,432 square feet of gross leasable area. The gross leasable area of the Building referred to above shall be deemed the actual gross leasable area in the Building.

50.00% of the Building (i.e., 23,716 square feet of gross leasable area in the Premises divided by 47,432 square feet of gross leasable area in the Building); and 4.98% of the Project (i.e., 23,716 square feet of gross leasable area in the Premises divided by 476,477 square feet of gross leasable area in the Project).

H.

(§4.5)

Tenant’s Allocated Parking Stalls: 95 parking spaces.

I.

(§1.24)

Scheduled Commencement Date: February 1, 2003

J.

(§1.17)

Lease Term: 37 calendar months (plus the partial month following the Commencement Date if such date is not the first day of a month). If the Commencement Date is other than the first day of a calendar month, the first month shall include the remainder of the calendar month in which the Commencement Date occurs plus the first full calendar month thereafter.

K.

(§3.1)

Base Monthly Rent:

Months (following Commencement Date)

Base Monthly Rent

     1 (“Rent Abatement Period”)

-0-

     2 – 13

$26,087.60

     14 – 25

$27,273.40

     26 – 37

$28,459.20

Notwithstanding the foregoing, if the Commencement Date is other than the first day of a calendar month, the first month of the Lease Term will include the partial month in which the Commencement Date occurs plus the next full calendar month, but the Rent Abatement Period in such case will consist of the first 30 days from and including the Commencement Date. Base Monthly Rent(prorated on the basis of Base Monthly Rent in the amount of $26,087.60) and “Tenant’s Share” of “Common Operating Expenses” for the remainder of such first month in the Lease Term will be prorated on a daily basis. Base Monthly Rent and Additional Rent for Tenant’s Share of Common Operating Expenses (as such terms are hereinafter defined) shall not be due and payable during the Rent Abatement Period.

L.

(§3.3)

Prepaid Rent: $42,082.23 (i.e., $26,087.60 for Base Monthly Rent, plus $15,994.63 for Tenant’s Share of Common Operating Expenses), that first become due under this Lease.

M.

(§3.5)

Security Deposit: $28,459.20

N.

(§4.1)

Permitted Use: General office, research and development, engineering, marketing, sales, storage and other legal uses incidental thereto.

O.

(§ 5.2)

Permitted Tenant’s Alterations limit: $10,000.00

P.

(§ 9.1)

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