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Title: |
Lease Agreement |
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Entities: |
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Date: |
2000 |
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Size: |
Preview shows 8KB of 113KB total |
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Price: |
$39 |
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ID: |
#1182315 |
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<SEQUENCE>2
<FILENAME>0002.txt
<DESCRIPTION>LEASE AGREEMENT, DATED MAY 18, 2000
<TEXT>
<PAGE>
LEASE AGREEMENT
Between
WATER TOWER CAMPBELL, LLC
-------------------------
A CALIFORNIA LIMITED LIABILITY COMPANY
--------------------------------------
As Landlord
And
Netrix Corporation
a Delaware Corporation
doing business as Nx Networks, Inc.
As Tenant
Dated as of
May 18, 2000
PROPERTY:
307 Orchard City Drive
Campbell, California 95008
<PAGE>
THIS AGREEMENT made this 18th day of May, 2000.
BETWEEN:
WATER TOWER CAMPBELL, LLC A
California limited liability
company, and having a local office
at 1690 Dell Avenue in the City of
Campbell, California
(hereinafter called the "Landlord")
OF THE FIRST PART,
--- and ---
Netrix Corporation,,
A Delaware corporation doing
business as Nx Networks, Inc.having
an office at 13595 Dallas Technology
Drive, Suite 100 in the City of
Herndon, Virginia 20171
(hereinafter called the "Tenant")
OF THE SECOND PART,
In consideration of the rents, covenants and agreements
hereinafter contained, the Landlord and Tenant hereby agree as
follows:
1. LEASED PREMISES
LEASED PREMISES The Landlord does demise and lease to the Tenant the
premises (the "Leased Premises") located in a building (the
"Building") having a municipal address of 307 Orchard City
Drive, in the city of Campbell, and known as Suites 350 and
309, Water Tower II (the Leased Premises, the Building,
together with the lands described in Schedule "A" attached
hereto and present and future improvements, additions and
changes thereto being herein called the "Property"). The
Leased Premises are located on the Third floor and the
approximate location is outlined in heavy black and cross
hatched on the plan or plans marked Schedule(s) "B1"
attached hereto. The parties agree that the Rentable Area
of the Leased Premises is eight thousand five hundred
thirty-six (8,536) square feet and has been measured in
accordance with the provisions of Schedule "B" attached
hereto.
2. TERM
TERM (a) TO HAVE AND TO HOLD the Leased Premises for and during
the term of seven (7) years and 0 days (the "Term") to be
computed from the 1st day of June 2000, and to be fully
complete and ended on the 31st day of May 2007, unless
otherwise terminated. Suite 350 shall be delivered to Tenant
June 1, 2000 and Suite 309 shall be delivered to Tenant July
1, 2000.
DELAY (b) If the Leased Premises or any part thereof are not
IN OCCUPANCY ready for occupancy on the date of commencement of the
Term, no part of the "Rent" (as hereinafter defined) or
only a proportionate part thereof, in the event that the
Tenant shall occupy a part of the Leased Premises, shall be
payable for the period prior to the date when the entire
Leased Premises are ready for occupancy and the full Rent
shall accrue only after such last mentioned date. The Tenant
agrees to accept any such abatement of Rent in full
settlement of all claims which the Tenant might otherwise
have by reason of the Leased Premises not being ready for
occupancy on the date of commencement of the Term, provided
that when the Landlord has completed construction of such
part of the Leased Premises as it is obliged hereunder to
construct, the Tenant shall not be entitled to any abatement
of Rent for any delay in occupancy due to the Tenant's
failure or delay to provide plans or to complete any special
installations or other work required for its purposes or due
to any other reason, nor shall the Tenant be entitled to any
abatement of Rent for any delay in occupancy if the Landlord
has been unable to complete construction of the Leased
Premises by reason of such failure or delay by the Tenant. A
certificate of the Landlord as to the date the Leased
Premises were ready for occupancy and such construction as
the Landlord is obliged to complete is substantially
completed, or as to the date upon which the same would have
been ready for occupancy and completed respectively but for
the failure or delay of the Tenant, shall be conclusive and
binding on the Tenant and Rent in full shall accrue and
become payable from the date set out in the said
certificate. Notwithstanding any delay in occupancy, the
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