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Commercial Lease (Amphitheatre) [Amendment No. 2]

 

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Title:

Commercial Lease (Amphitheatre) [Amendment No. 2]

Entities:

Google, Inc.; Silicon Graphics, Inc.; Goldman Sachs Group Inc.; WXIII/Amphitheatre Realty, L.L.C.; Silicon Graphics, Inc.

Date:

2004

Size:

Preview shows 9KB of 49KB total

Price:

$38

ID:

#236941

 

 

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SECOND AMENDMENT TO

COMMERCIAL LEASE (AMPHITHEATRE)

 

THIS SECOND AMENDMENT TO COMMERCIAL LEASE (AMPHITHEATRE) (this Amendment) is made as of the 9th day of July, 2003, by WXIII/AMPHITHEATRE REALTY, L.L.C., a Delaware limited liability company (Landlord), GOOGLE TECHNOLOGY INC., a California corporation (Subtenant) and SILICON GRAPHICS, INC., a Delaware corporation (Tenant).

 

W I T N E S S E T H:

 

WHEREAS, The Goldman Sachs Group, Inc., a Delaware corporation (GS), and Tenant, entered into that certain Commercial Lease, dated December 29, 2000, as amended as of April 18, 2001 (as so amended, the Lease), which was assigned by GS to Landlord by an Assignment and Assumption, dated as of May 22, 2001, for certain premises located at 1600 Amphitheatre Parkway, Mountain View, California (the Premises), said property being more particularly described in the Lease. Capitalized terms used but not otherwise defined in this Agreement shall have the meanings assigned to them in the Lease;

 

WHEREAS, concurrently herewith, Tenant and Subtenant are entering into that certain Sublease Agreement, dated as of the date hereof (the Google Sublease), whereby Tenant will sublease to Subtenant, and Subtenant will sublease from Tenant, the Premises;

 

WHEREAS, concurrently herewith, Landlord, Tenant and Subtenant are entering into that certain Landlord-Subtenant Agreement (Amphitheatre), dated as of the date hereof (the Landlord-Subtenant Agreement), and Landlord and Subtenant are entering into that certain Nondisturbance and Attornment Agreement, dated as of the date hereof (the Nondisturbance Agreement);

 

WHEREAS, in connection with the execution of the Google Sublease, Landlord is willing to modify certain terms of the Lease as the same would apply to Subtenant, and, in certain respects, to amend the Lease, in each case all as more particularly set forth herein;

 

NOW, THEREFORE, in consideration of the premises, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:


Article I.

 

Amphitheatre Lease Amendments

 

        Subject to Article II hereof:

 

1.1. Parking. With respect to the seventh (7th) sentence of Section 2.3 of the Lease, the following shall be added after the initial occurrence of the word Tenant therein: or Subtenant, or Subtenants subtenants or assignees.

 

1.2. Tenants Relinquishment of its Renewal Rights. Tenant hereby relinquishes the renewal options set forth in Section 3.2 of the Lease, such that said Section 3.2 is deemed deleted from the Lease from and after the date hereof as if it were never included in the Lease. At Landlords request, Tenant will promptly execute, acknowledge and deliver to Landlord an instrument in recordable form confirming such termination of Tenants renewal options in Section 3.2 of the Lease.

 

1.3. Operating Expenses.

 

(a) With respect to Section 5.2 of the Lease,

 

        (i) Landlord will, concurrently with its delivery to Tenant of any Landlords Expense Statement, deliver a duplicate of Landlords Expense Statement to Subtenant.

 

        (ii) Following the Substantial Occupancy Date (as defined in the Google Sublease), Subtenant may pay Operating Expenses directly to parties entitled thereto to the extent that Tenant is entitled to do so under the Lease.

 

        (b) With regard to Section 5.1(b)(xi) of the Lease, it is agreed that (i) as of the date hereof, 1.00% per annum of the annual Base Rent and Tenants Share of Operating Expenses payable under the Lease by Tenant to Landlord (and expressly excluding those Operating Expenses payable directly by Tenant to third parties) constitutes a commercially reasonable rate as contemplated in said Section 5.1(b)(xi) and (ii) the same shall not be subject to increase or decrease to reflect changing market conditions until after the first anniversary of the date hereof.

 

1.4. Ground Lease. Section 6.2(a) of the Lease is hereby deleted in its entirety and replaced with the following:

 

        (a) Tenant, Subtenant and/or Subtenants subtenants or assignees shall, at Tenants sole cost and expense, throughout the Term, comply with, satisfy and cause the Premises to comply with and satisfy, each of the provisions of the Ground Lease within the period of time and in the manner required by the Ground


 

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