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EXHIBIT 10.9(i)
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AMENDMENT NO. 1
TO LEASE
THIS AMENDMENT NO. I is made and entered into this 7th day of November,
1997, by and between XXXX XXXXXXXXX, Trustee, or his Successor Trustee UTA dated
7/20/77, of the Xxxx Xxxxxxxxx Survivor's Trust ("XXXX XXXXXXXXX SURVIVOR'S
TRUST") (previously known as the "Xxxx Xxxxxxxxx Separate Property Trust") as
amended, and XXXXXXX T, XXXXX, Trustee, or his Successor Trustee UTA dated
7/20/77, of the Xxxxxxx X. Xxxxx Separate Property Trust ("XXXXXXX X. XXXXX
SEPARATE PROPERTY TRUST") as amended, collectively as LANDLORD, and FIRST
VIRTUAL CORPORATION, a Delaware corporation, as TENANT.
RECITALS
A. WHEREAS, by Lease Agreement dated July 19, 1995 Landlord leased to
Tenant approximately 12,690+ square feet of that certain 48,000+/- square foot
building located at 0000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxx Xxxxx, Xxxxxxxxxx, the
details of which are more particularly set forth in said July 19, 1995 Lease
Agreement, and
B. WHEREAS, said Lease was amended by Letter Agreement dated November 6,
1997, whereby Landlord consented to Tenant's assignment of said Lease from First
Virtual Corporation, a California corporation to First Virtual Corporation, a
Delaware corporation, and,
C. WHEREAS, it is now the desire of the parties hereto to amend the Lease
by adding a Co-terminous paragraph and a Cross Default paragraph to said Lease
Agreement as hereinafter set forth.
AGREEMENT
NOW THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged, and in consideration of the hereinafter mutual promises, the
parties hereto do agree as follows:
1. LEASE TERMS CO-TERMINOUS: It is acknowledged that (i) concurrently with the
execution of this Amendment, Landlord and Tenant are also executing a separate
Lease Agreement dated November 7, 1997 (hereinafter referred to as the "New
Lease") affecting property located at 0000 Xxxxx Xxxx., Xxxxx 000, Xxxxx Xxxxx,
Xxxxxxxxxx and (ii) it is the intention of the parties that the term of this
Lease be conterminous with the term of the New Lease such that the terms of both
leases expire on the same date; provided, however, the termination of this Lease
resulting from the terms and conditions stated under Paragraph 22 "Bankruptcy
and Default" (subject to Landlord's option as stated in the respective leases'
"Cross Default" Paragraph) or Paragraph 24 "Destruction" or Paragraph 25
"Eminent Domain" shall not result in a termination of the New Lease unless
Landlord elects, at its sole and absolute discretion, to terminate either or
both of the leases.
2. CROSS DEFAULT: As a material part of the consideration for the execution of
the New Lease by Landlord, it is agreed between Landlord and Tenant that a
default under this Lease, or a default under said New Lease may, at the option
of Landlord, be considered a default under both leases, in which event Landlord
shall be entitled (but in no event required) to apply all rights and remedies of
Landlord under the terms of one lease to both leases including, but not limited
to, the right to terminate one or both of said leases by reason of a
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default under said New Lease or hereunder.
EXCEPT AS MODIFIED HEREIN, all other terms, covenants, and conditions of said
July 19, 1995 Lease Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment No. I to
Lease as of the day and year last written below.
LANDLORD: TENANT:
XXXX XXXXXXXXX SURVIVOR'S FIRST VIRTUAL CORPORATION
TRUST a Delaware corporation
By /s/ Xxxx Xxxxxxxxx By /s/ Xxxxx Xxxxxxx
Xxxx Xxxxxxxxx, Trustee
XXXXX XXXXXXX
Date: 11/17/97 Print or Type Name
XXXXXXX X. XXXXX SEPARATE TITLE: Facilities Operations
PROPERTY TRUST
By /s/ Xxxxxxx X. Xxxxx, Trustee Date: NOVEMBER 13, 1997
Date: 11/17/97
