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Standard Form Lease

 

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Title:

Standard Form Lease

Entities:

Lynuxworks Inc; Mission West Properties Inc.

Date:

2000

Size:

Preview shows 4KB of 120KB total

Price:

$64

ID:

#1425571

 

 

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                              STANDARD FORM LEASE

--------------------------------------------------------------------------------


Parties: This Lease, executed in duplicate at Cupertino, California, on October
2, 2000, by and between Mission West Properties, L.P., a Delaware Limited
Partnership, and LynuxWorks, Inc., a California Corporation, hereinafter called
respectively Lessor and Lessee, without regard to number or gender.

Use: Witnesseth: That Lessor hereby leases to Lessee, and Lessee hires from
Lessor, the Premises for the purpose of conducting therein office, research and
development, light manufacturing, and warehouse activities, and any other legal
activity; and for no other purpose without obtaining the prior written consent
of Lessor.

Premises: The real property with appurtenances as shown on Exhibit A, (the
"Premises") situated in the City of San Jose, County of Santa Clara, State of
California, and more particularly described as follows:

The Premises includes a 67,912 square feet of building, including all
improvements thereto as shown on Exhibit A.1 with the exclusive right to
use up to 238 unreserved parking spaces. The address for the Premises is
855 Branham Lane East, San Jose, California.

Term: The term shall be for sixty (60) months unless extended pursuant to
Section 35 of this Lease (the "Lease Term"), commencing on the Commencement Date
as defined in Section 1 and ending on the fifth anniversary of said Commencement
Date.

Base Rent: Subject to adjustment for changes in the TI Allowance as provided in
Section 2.1.2, below, base rent shall be payable in monthly installments as
follows:

Replacements Total
Monthly Rent
Estimated CAC**
--------------------------------------------------------------------------------
Month 1-12 $152,802* $2,307 $17,659** $172,768



Monthly base rent to increase by 4% on the annual anniversary of the
Commencement Date each year during the Lease Term over the prior year's
rent. Base Monthly Rent shall be adjusted as provided in Section 2.1 to
reflect any unused amount of the Lessor's TI Allowance and for any
Additional TI Allowance. For the purposes of the foregoing, "Month 1" is
the first full lease month after the Commencement Date. If the Commencement
Date is not the first day of a month, then the first month shall be a
partial month (prorated), and shall be added to the Lease Term. Base
Monthly Rent for the partial month shall five thousand ninety three and
00/100 dollars ($5,093.00) per day. Month 1 shall commence on the first day
of the first full month of the Lease Term.

** CAC charges to be adjusted per Common Area Charges Section below.

Base rent and CAC shall be payable in advance on the first day of each calendar
month during the Lease Term. The term "Rent," as used herein shall be deemed to
be and to mean the base monthly rent and all other sums required to be paid by
Lessee pursuant to the terms of this Lease. Rent shall be paid in lawful money
of the United States of America, without offset or deduction, and
<PAGE>

shall be paid to Lessor at such place or places as may be designated from time
to time by Lessor. Rent for any period less than a calendar month shall be a pro
rata portion of the monthly installment. Upon execution of this Lease, Lessee
shall deposit with Lessor the total first month's rent of One Hundred Seventy
Two Thousand Seven Hundred Sixty Eight Dollars ($172,768).

Security Deposit: Lessee shall deposit with Lessor the sum of One Hundred
Seventy Two Thousand Seven Hundred Sixty Eight Dollars ($172,768).] (the

 

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