SIXTH AMENDMENT TO LEASE
Exhibit 10.13(f)
SIXTH AMENDMENT TO LEASE
This is the Sixth Amendment (“Sixth Amendment”) to that certain Lease dated September 5, 2017 as amended by the First Amendment thereto dated January 21, 2018, the Second Amendment thereto dated March 27, 2018, the Third Amendment thereto dated August 14, 2018, the Fourth Amendment thereto dated April 4, 2019, and the Fifth Amendment thereto dated July 21, 2019 (the “Lease”) made and entered into by and between OUSTER, INC., a Delaware corporation (“Tenant”) and MISSION CREATIVE OWNERSHIP, LLC, a Delaware limited liability company (“Landlord”).
RECITALS
WHEREAS, Landlord and Tenant are parties to the above referenced Lease for Premises located at 0000 00xx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 (the “Premises”); and
WHEREAS, in connection with the Improvement of Premises by Tenant, dates were established for the Outside Completion Date and the Outside Contribution Date, as such dates are set forth and defined in Paragraph 2 and Paragraph 9 of the Workletter that is a part of the Lease and attached thereto as Exhibit B; and
WHEREAS, Landlord and Tenant now desire to amend the Outside Completion Date and the Outside Contribution Date set forth in the Lease; and
WHEREAS, capitalized terms which are not otherwise defined herein shall be deemed to have the same meanings herein as are ascribed to such terms in the Lease.
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Landlord and Tenant hereby agree that the Lease is amended as follows.
AGREEMENT
1. Amendment of Outside Completion Date and Outside Contribution Date. Landlord and Tenant hereby agree that the Outside Completion Date is changed from “July 15, 2019” to” January 15, 2020” and that the Outside Contribution Date is changed from “by December 15, 2019” to “by February 28, 2020”. Further, during the Preconstruction period identified in the Workletter, Tenant agrees to meet with Landlord twice per month, subject to Landlord’s request, to discuss and review Tenant’s ongoing progress and planning for Tenant’s Work.
2. Entire Agreement. All understandings and agreements, oral or written, previously made between the parties hereto pertaining to the subject matter hereof are merged in this Sixth Amendment, which alone fully and completely expresses the agreement between Landlord and Tenant. No modification, waiver or amendment of this Sixth Amendment or of any of Its conditions or provisions shall be binding upon Landlord unless in writing signed by Landlord.
3. Authority. Each signatory of this Sixth Amendment represents hereby that he or she has the authority to execute and deliver the same on behalf of the party hereto for which such signatory is acting. Each provision of this Sixth Amendment shall extend to and shall bind and inure to the benefit not only of Landlord and Tenant, but also of their respective heirs, legal representatives, successors and assigns.
Remainder of page intentionally left blank
1
4. Signatures. The parties hereto consent and agree that this Sixth Amendment may be signed and/or transmitted by facsimile, e-mail of a .pdf document or using electronic signature technology (e.g., via DocuSign or similar electronic signature technology), and that such signed electronic record shall be valid and as effective to bind the party so signing as a paper copy bearing such party’s handwritten signature. The parties further consent and agree that (1) to the extent a party signs this Sixth Amendment using electronic signature technology, by clicking “SIGN”, such party is signing this Sixth Amendment electronically, and (2) the electronic signatures appearing on this Sixth Amendment shall be treated, for purposes of validity, enforceability and admissibility, the same as handwritten signatures.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Sixth Amendment to Lease as of the 20th day of December, 2019.
| TENANT | ||
| OUSTER, INC., a Delaware corporation | ||
| By: | /s/ Xxxxxxxxxxx Xxxxx-Xxxx | |
| Print Name: Xxxxx Xxxxx-Xxxx | ||
| Its: |
|
| By: |
| |
| Print Name: | ||
| Its: |
|
| Date: | 1/29/2020 | |
| LANDLORD | ||
MISSION CREATIVE OWNERSHIP, LLC, a Delaware limited liability company
| By: | /s/ Xxxxx Xxxxxxxxx | |
| Title: | Partner | |
| Date: | 1/2/20 | |
2
