FOURTH AMENDMENT TO LEASE
(4100 Xxxxxxxx Drive)
THIS FOURTH AMENDMENT TO LEASE (this "Fourth Amendment") is made as of June
30, 1997 ("Effective Date"), between MENLO OAKS PARTNERS, L.P., a Delaware
limited partnership ("Landlord"), and INFORMIX SOFTWARE, INC., a Delaware
corporation ("Tenant").
THE PARTIES ENTER INTO THIS FOURTH AMENDMENT based upon the following
facts, understandings and intentions:
A. Amarok Bredero Partners, a California limited partnership ("Bredero"),
Landlord's predecessor in interest, and Tenant entered into that certain Menlo
Oaks Corporate Center Standard Business Lease, dated as of May 16, 1985, as
amended by: (i) that certain side letter agreement of even date therewith, (ii)
that certain Lease Amendment #1 dated as of July 2, 1986, (iii) that certain
Second Amendment to Lease dated as of November 7, 1986, and (iv) that certain
Third Amendment to Lease (4100 Xxxxxxxx Drive) (the "Third Amendment") dated as
of June 18, 1991 (as amended, the "Lease"). The capitalized terms used in this
Fourth Amendment shall have the meanings given to such terms within the Lease,
unless otherwise set forth herein.
B. Pursuant to the terms of the Lease, Landlord currently leases to
Tenant approximately 46,614 rentable square feet of space in Landlord's building
located at 0000 Xxxxxxxx Xxxxx in Menlo Park, California.
C. Informix Corporation, a Delaware corporation ("Guarantor"), previously
delivered to Landlord its written Guarantee (the "Guarantee") of the obligations
of Tenant under the Lease.
D. Tenant has exercised the first of two (2) Options to Extend the Term
of the Lease pursuant to Paragraph 6 of the Third Amendment.
E. Landlord and Tenant now desire to amend the Lease to state the new
Term (as extended by Tenant's exercise of its Option to Extend) and the Base
Rent during the Extended Term.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of
the parties, the parties hereto agree as follows:
1. TERM. Article 3 of the Lease is hereby amended so that the Term shall
expire on March 31, 2003.
2. BASE RENT. From and after April 1, 1998, the Base Rent for the
Premises payable pursuant to Article 4 of the Lease, as amended, shall be as
follows:
Period Monthly Base Rent Annual Base Rent
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April 1, 1998 - One Hundred Twenty-Three Thousand One Million Four Hundred Eighty-
March 31, 1999 Five Hundred Twenty-Seven and Two Thousand Three Hundred
10/100 Dollars ($123,527.10) Twenty-Five and 20/100 Dollars
($1,482,325.20)
April 1, 1999 - One Hundred Twenty-Seven Thousand One Million Five Hundred Thirty-
March 31, 2000 Eight Hundred Fifty and 55/100 Four Thousand Two Hundred Six
Dollars ($127,850.55) and 60/100 Dollars ($1,534,206.60)
April 1, 2000 - One Hundred Thirty-Two Thousand One Million Five Hundred Eighty-
March 31, 2001 Three Hundred Twenty-Five and Seven Thousand Nine Hundred
32/100 dollars ($132,325.32) Three and 84/100 Dollars
($1,587,903.84)
April 1, 2001 - One Hundred Thirty-Six Thousand One Million Six Hundred Forty-
March 31, 2002 Nine Hundred Fifty-Six and 71/100 Three Thousand Four Hundred
Dollars ($136,956.71) Eight and 52/100 Dollars ($1,643,480.52)
April 1, 2002 - One Hundred Forty-One Thousand One Million Seven Hundred One
March 31, 2003 Seven Hundred Fifty and 19/100 Thousand Two and 28/100 Dollars
Dollars ($141,750.19) ($1,701,002.28)
3. OPTION TO EXTEND. Pursuant to paragraph 6 of the third Amendment,
Tenant has one (1) remaining Option to Extend for a period of five (5) years.
4. REPRESENTATIONS AND WARRANTIES. Tenant hereby represents, warrants
and agrees that: (i) there exits no breach, default or event of default under
the Lease, or any event or condition which, with notice or passage of time or
both, would constitute a breach, default or event of default under the Lease;
(ii) the Lease continues to be a legal, valid and binding agreement and
obligation of Tenant; and (iii) Landlord is not in default under the Lease and
neither Tenant nor any other party has any offset or defense to their
performance or obligations under the Lease.
5. CONTINUING OBLIGATIONS. Except as expressly set forth to the contrary
in this Fourth Amendment, the Lease remains unmodified and in full force and
effect. To the extent of any conflict between the terms of this Fourth
Amendment shall control.
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IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment
with duplicate counterparts as of the day and year first above written.
"Landlord"
MENLO OAKS PARTNERS, L.P.,
a Delaware limited partnership
By: AM LIMITED PARTNERS,
its General Partner
By: AMAROK MENLO, INC.
its Partner
By: /s/ J. Xxxxx Xxxxx, Xx.
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Name: J. Xxxxx Xxxxx, Xx.
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Its: President
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By: /s/ Xxxxx X. Xxxxxxx
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Name: Xxxxx X. Xxxxxxx
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Its: Vice President, Legal and General Counsel
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Guarantor hereby consents to the terms and conditions contained in this
Fourth Amendment and agrees that its obligations under the Guarantee include the
guaranty of the obligations of Tenant under this Fourth Amendment.
"Guarantor"
INFORMIX CORPORATION,
a Delaware corporation
By: /s/ Xxxxx X. Xxxxxxx
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Name: Xxxxx X. Xxxxxxx
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Title: Vice President, Legal and General Counsel
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By:
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Name:
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Title:
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