Common use of LEASE DATES AND AUTHORITY TO SIGN Clause in Contracts

LEASE DATES AND AUTHORITY TO SIGN. The "identification" date of this lease is the 28th day of FEBRUARY 1997 (the same date as at the top of Basic Lease Information). The "effective date" on which this lease becomes binding is the date on which the lease has been signed by Lessxx, Xxssee, and any guarantors. The names and signatures of all parties are shown below; and all persons signing have been duly authorized to sign. IF LESSEE IS A CORPORATION, A CORPORATE RESOLUTION AUTHORIZING LESSEE TO EXECUTE THIS LEASE IS ATTACHED AS EXHIBIT I. Corporate seals are unnecessary under Texas law. LESSOR LESSEE EURUS ESTATES II, LTD. CROSSROADS SYSTEMS, INC. ------------------------------------------------ ------------------------------------------------- Printed name of company or firm (if applicable) Printed name of company or firm (if applicable) DON XXXX, XXM BRIAX XXXXX ------------------------------------------------ ------------------------------------------------- Printed name of person signing Printed name of person signing /s/ DON XXXX /s/ BRIAX X. XXXXX ------------------------------------------------ ------------------------------------------------- Signature Signature VICE PRESIDENT, KUCEXX XXXAGEMENT, INC., AUTHORIZED MANAGING AGENT FOR EURUS ESTATES II, LTD. PRESIDENT ------------------------------------------------ ------------------------------------------------- Title of person signing (if applicable) Title of person signing (if applicable) 3/31/97 March 3, 1997 ------------------------------------------------ ------------------------------------------------- Date signed (Please initial all pages and exhibits) Date signed (Please initial all pages and exhibits Lessor DT KALEIDO II --------- CROSSROADS SYSTEMS, INC. Lessee BRS --------- LEASING AGENT THE KUCEXX XXXPANY --------------------------------------------------- Printed name of company or firm (if applicable) STEVXX X. XXXXXXXX --------------------------------------------------- Printed name of person signing /s/ STEVXX X. XXXXXXXX --------------------------------------------------- Signature SENIOR VICE PRESIDENT --------------------------------------------------- Title of person signing (if applicable) 3/19/97 --------------------------------------------------- Date signed Lessor DT KALEIDO II --------- CROSSROADS SYSTEMS, INC. Lessee BRS --------- 20 EXHIBIT A FLOOR PLAN OF LESSEE'S OFFICE SPACE (see paragraph 1.1 of lease) The parties agree that the floor plan below is a true and correct diagram of Lessxx'x xffice space referred to in paragraph 1.1. KALEIDO II, Suite II-300 7,121 USF / 8,739 RSF [FLOOR PLAN OF THIRD FLOOR] LEGAL DESCRIPTION OF OFFICE BUILDING by lot, block, subdivision, and county or by metes and bounds description (see paragraph 1.1 of lease) KALEIDO I & II

LEASE DATES AND AUTHORITY TO SIGN. The "identification" date of this lease is the 28th 8th day of FEBRUARY 1997 July 1999 (the same date as at the top of Basic Lease Information). The "effective date" on which this lease becomes binding is the date on which the lease has been signed by LessxxXxxxxx, XxsseeLessee, and any guarantors. The names and signatures of all parties are shown below; and all persons signing have been duly authorized to sign. IF LESSEE IS A CORPORATION, A CORPORATE RESOLUTION AUTHORIZING LESSEE TO EXECUTE THIS LEASE IS ATTACHED AS EXHIBIT I. "I". Corporate seals are unnecessary under Texas law. LESSOR LESSEE EURUS ESTATES IIPLAZA 7000, LTD. CROSSROADS SYSTEMSxxxxxx.xxx, INC. ------------------------------------------------ ------------------------------------------------- Inc. ---------------------------------------------------- ----------------------------------------------- Printed name of company or firm (if applicable) Printed name of company or firm (if applicable) DON XXXX, XXM BRIAX XXX XXXXXXX XXXXX ------------------------------------------------ ------------------------------------------------- X. XXXXXXX-XXXX ---------------------------------------------------- ---------------------------------------------------- Printed name of person signing Printed name of person signing /s/ DON XXXX /s/ BRIAX X. XXXXX ------------------------------------------------ ------------------------------------------------- ____________________________________________________ ____________________________________________________ Signature Signature VICE PRESIDENTPRESIDENT,7000MANAGEMENT, KUCEXX XXXAGEMENT, INC.L.L.C., AUTHORIZED MANAGING AGENT FOR EURUS ESTATES IIPLAZA 7000, LTD. PRESIDENT ------------------------------------------------ ------------------------------------------------- CHIEF FINANCIAL OFFICER ---------------------------------------------------- ____________________________________________________ Title of person signing (if applicable) Title of person signing (if applicable) 3/31/97 March 3, 1997 ------------------------------------------------ ------------------------------------------------- ____________________________________________________ ____________________________________________________ Date signed (Please initial all pages and exhibits) Date signed (Please initial all pages and exhibits Lessor DT KALEIDO II --------- CROSSROADS SYSTEMS, INC. Lessee BRS --------- exhibits) LEASING AGENT THE KUCEXX XXXPANY --------------------------------------------------- XXXXXX COMPANY ------------------------------------------------ Printed name of company or firm (if applicable) STEVXX XXXXXX X. XXXXXXXX --------------------------------------------------- ------------------------------------------------ Printed name of person signing /s/ STEVXX X. XXXXXXXX --------------------------------------------------- ________________________________________________ Signature SENIOR VICE PRESIDENT --------------------------------------------------- ------------------------------------------------ Title of person signing (if applicable) 3/19/97 --------------------------------------------------- ________________________________________________ Date signed Lessor DT KALEIDO II --------- CROSSROADS SYSTEMS, INC. Lessee BRS --------- 20 EXHIBIT A "A": FLOOR PLAN OF LESSEEXXXXXX'S OFFICE SPACE (see paragraph 1.1 of lease) The parties agree that the floor plan below is a true and correct diagram of Lessxx'x xffice Xxxxxx's office space referred to in paragraph 1.1. KALEIDO IIPlaza 7000, Suite II-300 7,121 400 38,373 USF / 8,739 40,629 RSF [FLOOR PLAN OF THIRD FLOOR] ------- ------- EXHIBIT "B": LEGAL DESCRIPTION OF OFFICE BUILDING by lot, block, subdivision, and county or by metes and bounds description (see paragraph 1.1 of lease) KALEIDO I & IILot 1, Greystone Center III-A, a subdivision in City of Xxxxxx, Xxxxxx County, Texas according to the map or plat thereof recorded in Volume 83, Page 203A, Plat Records of Xxxxxx County, Texas. EXHIBIT "C": BUILDING OPERATING EXPENSE PASS-THROUGH CALCULATIONS (see paragraphs 2.1 and 32.1 of lease)

LEASE DATES AND AUTHORITY TO SIGN. The "identification" effective date of this lease is the 28th day of FEBRUARY 1997 (the same date as at the top of Basic Lease Information). The "effective date" on which this lease becomes binding is the date on which the lease has been signed by Lessxx, Xxssee, and any guarantors. The names and signatures of all parties are shown below; and all persons signing have been duly authorized to sign. IF LESSEE IS A CORPORATION, A CORPORATE RESOLUTION AUTHORIZING LESSEE TO EXECUTE THIS LEASE IS ATTACHED AS EXHIBIT I. Corporate seals are unnecessary under Texas law. LESSOR LESSEE EURUS ESTATES II, LTD. CROSSROADS SYSTEMSLANDLORD TENANT SYNERGY CENTER NORTH UNI-PIXEL DISPLAYS, INC. ------------------------------------------------ ------------------------------------------------- Printed name of company or firm (if applicable) Landlord Printed name of company or firm (if applicable) DON XXXXTenant Xxxxxx Xxxxx, XXM BRIAX XXXXX ------------------------------------------------ ------------------------------------------------- By Xxxx Xxxx, Attorney-In-Fact Xxxxx Xxxxxxx Printed name of person signing Printed name of person signing /s/ DON XXXX Xxxx Xxxx /s/ BRIAX X. XXXXX ------------------------------------------------ ------------------------------------------------- Xxxxx Xxxxxxx Signature of person signing Signature VICE PRESIDENTof person signing President of First Metro Management, KUCEXX XXXAGEMENTInc., INC., AUTHORIZED MANAGING AGENT FOR EURUS ESTATES II, LTD. PRESIDENT ------------------------------------------------ ------------------------------------------------- general partner of First Metro Limited Partnership dba Synergy Center North Chief Financial Officer Title of person signing (if applicable) Title of person signing (if applicable) 3/31/97 March 3, 1997 ------------------------------------------------ ------------------------------------------------- 12/13/04 12/8/04 Date signed (Please initial all pages and exhibits) Date signed (Please initial all pages and exhibits Lessor DT KALEIDO II --------- CROSSROADS SYSTEMSexhibits) Mailing address of Landlord for notice purposes under this lease: Mailing address of Tenant for notice purposes under this lease: First Metro Limited Partnership dba Synergy Center North 00000 Xxxxxxxxxx Xxxx, INCXxxxx 000-X Xxxxxx, Xxxxx 00000 00000 Xxxxxxxxxx Xx. Lessee BRS --------- LEASING AGENT THE KUCEXX XXXPANY --------------------------------------------------- Printed name of company or firm Xxxxx 000-X, Xxxxxx, XX 00000 (if applicable000) STEVXX X. XXXXXXXX --------------------------------------------------- Printed name of person signing 000-0000 (000) 000-0000 (000) 000-0000 (000) 000-0000 Telephone number Fax number Telephone number Fax number Synergy North Landlord /s/ STEVXX X. XXXXXXXX --------------------------------------------------- Signature SENIOR VICE PRESIDENT --------------------------------------------------- Title of person signing LS Tenant Name Tenant /s/ JT Filename: Exhibit 6.5 Form 10-SB (if applicableAustin Lease) 3/19/97 --------------------------------------------------- Date signed Lessor DT KALEIDO II --------- CROSSROADS SYSTEMS, INC. Lessee BRS --------- 20 v2.DOC Guarantor EXHIBIT A FLOOR PLAN OF LESSEETENANT'S OFFICE SPACE (see See paragraph 1.1 of lease) The parties agree that the floor plan below is a true and correct diagram of Lessxx'x xffice space referred to in paragraph 1.1. KALEIDO II, Suite II-300 7,121 USF / 8,739 RSF [FLOOR PLAN OF THIRD FLOOR] Synergy North Landlord /s/ LS Tenant Name Tenant /s/ JT Filename: Exhibit 6.5 Form 10-SB (Austin Lease) v2.DOC Guarantor EXHIBIT B LEGAL DESCRIPTION OF OFFICE BUILDING by lot, block, subdivision, and county or by metes and bounds description (see See paragraph 1.1 of lease) KALEIDO I & IIXxx 0, Xxxxxxxxxxxxx xx Xxx 0, Xxxxx "X", Xxxxxxxx Oaks, a subdivision in Xxxxxx County, Texas according to the map or plat thereof, recorded in Volume 97, Page 108 of the Plat Records of Xxxxxx County, Texas. Synergy North Landlord /s/ LS Tenant Name Tenant /s/ JT Filename: Exhibit 6.5 Form 10-SB (Austin Lease) v2.DOC Guarantor EXHIBIT C BUILDING OPERATING EXPENSE PASSTHROUGH CALCULATIONS (See paragraphs 2.1 and 32.1 of lease) "ESTIMATED" PRORATA BUILDING OPERATING EXPENSES. On or before the beginning of each calendar year, Landlord shall calculate the estimated building operating expenses for that calendar year, according to the criteria in subparagraph (c) below. One-twelfth of Tenant's pro rata share of estimated building operating expenses which are in excess of any expense stop shall be due on the first of each month as additional rent. YEAR-END ADJUSTMENT FOR OVERPAYMENT OR UNDERPAYMENT BY TENANT BECAUSE OF DIFFERENCES BETWEEN "ESTIMATED" AND "ACTUAL" BUILDING OPERATING EXPENSES. After each calendar year of the lease term and renewal or extension periods, Landlord shall determine the actual building operating expenses for that calendar year. If it is then determined that actual building operating expenses were less than estimated expenses and that Tenant's monthly payments of estimated expenses over Tenant's expense stop figure were too much, Landlord shall promptly refund to Tenant the excess amount paid by Tenant. If it is determined that actual building operating expenses were more than estimated expenses and that Tenant's monthly payments of estimated expenses over Tenant's expense stop figure were insufficient, Landlord shall invoice Tenant for the amount of Tenant's underpayment. Payment thereof shall be due upon delivery of invoice to Tenant. The foregoing calculations and adjustments may also be made one or more times during the calendar year, at Landlord's option. DEFINITION OF BUILDING OPERATING EXPENSES. Building operating expenses for each calendar year shall include the following expenses incurred by Landlord in its operation of the building: all ad valorem taxes, assessments and related government charges becoming due on the office space; and on-site personal property leased or owned by Landlord and used in operation of the office space in such period; utilities; premiums for fire, extended coverage, vandalism, and liability insurance on the building and personal property used in building management; landscape expenses; janitorial expenses; window cleaning; supplies; painting and other maintenance expenses; licenses; permits; advertising of the building; maintenance salaries and bonuses; payroll taxes; management office overhead and management fees; and all other managerial and operating expenses which are reasonably related to the operation of the building and utilities serving same. No such category shall include more than 12 months' worth of expenses. Building operating expenses shall also include the following improvements if amortized over the useful life of such improvements for IRS purposes together with interest at 12% per annum on the unamortized cost: (i) improvements to reduce operating expenses, (ii) improvements required by governmental agencies following completion of the building, and (iii) carpeting, floor covering, draperies, and wall coverings for the common areas of the building. Building operating expenses shall be calculated on an accrual basis in accordance with generally accepted accounting principles, consistently applied. The word "building" as referred to above shall include the building, parking areas, parking garage (if any), and common areas. Synergy North Landlord /s/ LS Tenant Name Tenant /s/ JT Filename: Exhibit 6.5 Form 10-SB (Austin Lease) v2.DOC Guarantor Building operating expenses shall not include: principal and interest payments on mortgages; depreciation or improvements which IRS requires to be depreciated (except as provided above); expenses of repairing damage covered by fire, vandalism, flood, and extended coverage insurance; any expense paid or reimbursed from insurance proceeds; costs of repairing damage for which Landlord is entitled to reimbursement from others, unless it is not economically reasonable to recover or attempt to recover such reimbursement; remodeling costs for new or existing tenants; common area improvements or personal property required by other tenants to be made, purchased, or furnished to such tenants; common area improvements or personal property required by other tenants to be made, purchased, or furnished to such tenants; any utility and air conditioning or heating costs or other expenses which are separately billed to specific tenants; franchise and income taxes of Landlord; leasing commissions; expenses of marketing vacant space in the building; legal fees relating to a specific tenant; structural repairs to roof, foundation, and walls; asbestos removal; installation of sprinklers, fire alarms, and smoke detector systems; and expenses which Landlord is reimbursed for from other parties. If utilities and taxes included in "Building Operating Expense" are not payable, billed or otherwise due so as to allow an accurate calculation of said factors annually, then Landlord, in its reasonable discretion, may estimate and pro rata said expenses on an annual basis, and said factors shall be properly adjusted by Landlord when they actually become due and payable. Otherwise, expenses must be supported by invoice and actually paid. DEFINITION OF PRORATA SHARE. Tenant's pro rata share of estimated and actual building operating expenses is the percentage result of dividing "Tenant's rentable area" (which is set forth in paragraph 1.3) by the total rentable area in the entire building. DELAY IN IMPLEMENTATION. At Landlord's option, adjustments may be delayed. Landlord's delay in implementing such adjustments shall not waive Landlord's right thereto, and the most recent monthly rent figures shall continue to be paid during such delay. If Landlord delays in timely calculating adjustments, such adjustments shall be retroactive to the respective date on which Landlord had a right to make such adjustment; and such delayed rent adjustments shall become due upon written notice to Tenant.

LEASE DATES AND AUTHORITY TO SIGN. The "identification" date of this lease is the 28th day of FEBRUARY 1997 (the same date as at the top of Basic Lease Information)June 1, 1998. The "effective date" on which this lease becomes binding is the date on which the lease has been signed by LessxxLessor, XxsseeLessee, and any guarantors. The names and signatures of all parties are shown below; and all persons signing have been duly authorized to sign. IF LESSEE IS A CORPORATIONIf Lessee is a corporation, A CORPORATE RESOLUTION AUTHORIZING LESSEE TO EXECUTE THIS LEASE IS ATTACHED AS EXHIBIT a corporate resolution authorizing Lessee to execute this lease is attached as Exhibit I. Corporate seals are unnecessary under Texas law. LESSOR LESSEE EURUS ESTATES II, LTD. CROSSROADS SYSTEMSLessor /s/ GKJ Lessee /s/ MSB _______ _______ LESSOR: 360 Austin Building LP DBA: Austin Building /s/ Xxxxx X. Xxxxxxx _________________________________ By: Xxxxx X. Xxxxxxx 4-16-98 _________________________________ Date signed /s/ Xxxxx X. Xxxxxxx _________________________________ By: Xxxxx X. Xxxxxxx 4-16-98 _________________________________ Date signed LESSEE: MISSSION CRITICAL SOFTWARE, INC. ------------------------------------------------ ------------------------------------------------- Printed name of company or firm (if applicable) Printed name of company or firm (if applicable) DON XXXX, XXM BRIAX XXXXX ------------------------------------------------ ------------------------------------------------- Printed name of person signing Printed name of person signing /s/ DON XXXX /s/ BRIAX Xxxxxxx X. XXXXX ------------------------------------------------ ------------------------------------------------- Signature Signature VICE PRESIDENT, KUCEXX XXXAGEMENT, INC., AUTHORIZED MANAGING AGENT FOR EURUS ESTATES II, LTD. PRESIDENT ------------------------------------------------ ------------------------------------------------- Title of person signing (if applicable) Title of person signing (if applicable) 3/31/97 March 3, 1997 ------------------------------------------------ ------------------------------------------------- Date signed (Please initial all pages and exhibits) Date signed (Please initial all pages and exhibits Lessor DT KALEIDO II --------- CROSSROADS SYSTEMS, INC. Lessee BRS --------- LEASING AGENT THE KUCEXX XXXPANY --------------------------------------------------- Printed name of company or firm (if applicable) STEVXX Xxxxxxx _________________________________ Xxxxxxx X. XXXXXXXX --------------------------------------------------- Printed name of person signing /s/ STEVXX X. XXXXXXXX --------------------------------------------------- Signature SENIOR VICE PRESIDENT --------------------------------------------------- Title of person signing (if applicable) 3/19/97 --------------------------------------------------- Xxxxxxx By: _____________________________ 4-14-98 _________________________________ Date signed Lessor DT KALEIDO II --------- CROSSROADS SYSTEMS, INC. /s/ GKJ Lessee BRS --------- 20 /s/ MSB _______ _______ EXHIBIT A FLOOR PLAN OF LESSEE'S OFFICE SPACE (see See paragraph 1.1 of leaseLease) The parties agree that the floor plan below is a true and correct diagram of Lessxx'x xffice Lessee's office space referred to in paragraph 1.1. KALEIDO II, Suite II-300 7,121 USF / 8,739 RSF [FLOOR PLAN OF THIRD FLOOR] Lessor /s/ GKJ Lessee /s/ MSB _______ _______ EXHIBIT B LEGAL DESCRIPTION OF OFFICE BUILDING by lot, block, subdivision, and county or by metes and bounds description (see See paragraph 1.1 of Lease) Xxx 0, Xxxxxxxx Xxxxx XX, Xxxxxx Xxxxxx, Texas. Lessor /s/ GKJ Lessee /s/ MSB _______ _______ EXHIBIT C DELETED Lessor /s/ GKJ Lessee /s/ MSB _______ _______ EXHIBIT D ACKNOWLEDGMENT OF LEASE (See paragraph 4.2 of Lease) The undersigned parties acknowledge that the lease described below is in full force and effect and that Lessee has taken possession of the space. Date of lease: JUNE 1, 1998 Lessor: 000 Xxxxxx Xxxxxxxx XX, XXX: Austin Building Lessee: MISSION CRITICAL SOFTWARE, INC. Guarantor: N/A Building name: Austin Building Suite No.: 250 Building address: 0000 Xxxxxxxx Xxxxx Xxxxx Xxxx/Xxxxxx/Xxxxx/Xxx: Xxxxxx, Xxxxxx, Texas, 78759 Legal description of property: Xxx 0, Xxxxxxxx Xxxxx XX, Xxxxxx Xxxxxx, Texas. The commencement date, annual anniversary date, and ending date of the initial lease term as defined in paragraph 4.1 of above lease are as follows: Commencement date: JUNE 1, 1998 Annual Anniversary date: JUNE 1 Ending date: MAY 31, 1999 The parties acknowledge that the lease has not been amended or modified and that this acknowledgment may be filed of record with the Texas Secretary of State or the county where the building is located in order to record (1) KALEIDO I & IILessee's possession rights to the leased premises, and (2) Lessor's contractual landlord lien rights over all personal property therein. The entire lease is hereby affirmed and incorporated herein. The lease will cease to be an encumbrance to Lessor's title if Lessor files an affidavit of record, stating that Lessee no longer occupies the premises and that Lessee's right of possession has been lawfully terminated. LESSEE LESSOR (To be signed at move-in) (To be signed at move-in) MISSION CRITICAL 360 Austin Building LP SOFTWARE, INC. DBA: Austin Building ____________________________ __________________________ By: By: Xxxxx Xxxxxxx Property Manager ____________________________ ___________________________ Date Signed Date Signed Lessor /s/ GKJ Lessee /s/ MSB _______ _______ EXHIBIT E DELETED Lessor /s/ GKJ Lessee /s/ MSB _______ _______ EXHIBIT F-1 OFFICE BUILDING PARKING RULES (See paragraph 9.2 of Lease) It is the desire of Lessor to maintain and operate the parking garage and parking areas in an orderly manner. The following rules and regulations apply to all tenants in the building and their agents, employees, family, licensees, invitees, visitors, and contractors unless otherwise stated. Lessor reserves the right to rescind these rules, make reasonable changes, or make other reasonable rules and regulations for the safety, care, and cleanliness of the parking garage and parking areas and for the preservation of good order.