1
EXHIBIT 10.1
FIRST AMENDMENT
to
OFFICE LEASE BETWEEN
XXXXX STATION ASSOCIATES LLC (LANDLORD)
And
ASK JEEVES, INC. (TENANT)
EMERYSTATION PROJECT
Emeryville, California
That certain Lease dated April 29, 1999 by and between Xxxxx Station Associates
LLC, as Landlord, and Ask Jeeves, Inc, as Tenant, is hereby amended effective
this _____ day of August, 1999 as
follows:
I. The Premises shall be expanded to include that additional space on the
fourth floor more specifically depicted on Exhibit Al attached hereto.
This space, hereinafter referred to as the "Expansion Space", measures
35,900 rentable square feet (31,524 usable square feet). The Expansion
space will be built-out with tenant improvements and added to Tenant's
base space in two phases, called the "First Expansion Space" and the
"Second Expansion Space", respectively. These spaces are indicated on
Exhibit A1. The First Expansion Space measures 23,112 rentable square
feet (20,295 usable square feet); the Second Expansion Space measures
12,788 rentable square feet (11,229 usable square feet).
II. Landlord's architect will diligently prepare detailed plans and
specifications (the "Construction Drawings") of the First Expansion
Space pursuant to the space plan approved by Tenant and attached hereto.
Landlord will construct the Tenant Improvements in accordance with the
construction procedures established by, and the terms and conditions
established in, the Work Letter. Landlord will provide an allowance of
$35 per usable square foot on the First Expansion Space. It is
Landlord's and Tenant's goal to achieve substantial completion of the
First Expansion Space by October 22, 1999.
III. Rent on the First Expansion Space will commence upon substantial
completion of the Tenant Improvements, subject to Tenant Delay (the
"First Expansion Space Commencement Date"), and will be pursuant to the
schedule of Base Monthly Rent then in effect under the base Lease. The
Base Year for the First Expansion Space shall be calendar year 2000,
although Tenant's obligation to pay increases above the Base Year amount
shall not commence until 12 months after substantial completion of the
First Expansion Space (subject to Tenant Delay). Upon delivery of the
First Expansion Space to Tenant, it shall be considered Premises,
subject to all terms and conditions of the Lease.
IV. Tenant agrees that the Second Expansion Space shall be added to the then
existing Premises no later than July 1, 2000, regardless of whether
tenant improvements have been completed therein. Tenant may notify
Landlord of its intent to build-out tenant improvements for the Second
Expansion Space at any time by written notice to Landlord ("Tenant's
Notice"). Upon such notice to Landlord, Tenant and Landlord will work
diligently together and with Landlord's architect to create Construction
Drawings for the Second Expansion Space within 30 days of Tenant's
Notice. Landlord will then diligently construct the Tenant Improvements
in accordance with the construction procedures established by, and the
terms and conditions established in, the Work Letter, making
commercially reasonable efforts to substantially complete the Tenant
Improvements within 60 days. Landlord will provide an allowance of $35
per usable square foot on the Second Expansion Space.
2
V. Rent on the Second Expansion Space will commence upon the earlier to
occur of: a) substantial completion of the Tenant Improvements (subject
to Tenant Delay), and b) July 1, 2000 (this date to be called the
"Second Expansion Premises Commencement Date"). Rent on the Second
Expansion Space will be pursuant to the schedule of Base Monthly Rent
then in effect under the base Lease. The Base Year for the. Second
Expansion Space shall be calendar year 2000. Upon delivery of the Second
Expansion Space to Tenant, it shall be considered Premises, subject to
all terms and conditions of this Lease.
VI. Within ten (10) days after the mutual execution of this First Amendment,
Tenant shall increase its Security Deposit by $57,548.88 to reflect the
addition of the First Expansion Space ($2.49 * rentable square footage
of First Expansion Premises). Within ten (10) days of Tenant's Notice
(defined above) to Landlord of its intent to build-out tenant
improvements for the Second Expansion Space, Tenant shall increase its
Security Deposit by $31,842.12 ($2.49 * rentable square footage of
Second Expansion Space) to reflect the addition of the Second Expansion
Space.
VII. The Expiration Date of the Lease is hereby extended to be the earlier
of: 1) 60 months following the Second Expansion Space Commencement Date,
or 2) June 30,2005.
VIII. Landlord and Tenant acknowledge that the First and Second Expansion
Spaces described above represent Tenant's invocation of all of its
expansion options initially outlined in the original Lease. Therefore,
Sections 2 (First Expansion Option), 3 (Second Expansion Option), 4
(Third Expansion Option), 5 (Space Availability), and 6 (Termination of
Third Expansion Option) of the Lease Addendum are hereby deleted in
their entirety.
IX. Effective August 15, 1999, the rent described in Section 8 (c) of the
Lease Addendum for the temporary premises in 0000 Xxxxxx Xxxxxx shall be
increased to $2.00 per rentable square foot per month. Tenant
acknowledges that, absent any written agreement otherwise by Landlord,
it will vacate the temporary space upon substantial completion of the
First Expansion Space.
X. Except for those terms outlined above, all other terms and conditions of
the base Lease and Work Letter remain in full force and effect.
In witness hereof, the parties have executed this First Amendment as of the date
noted below.
TENANT: LANDLORD:
Ask Jeeves, Inc., a Delaware Xxxxx Station Associates LLC, a
Corporation California Limited Liability
Company
By:________________________________ By:________________________________
Print Name:________________________ Print Name:________________________
Its:_______________________________ Its:_______________________________
Dated:_____________________________ Dated:_____________________________
3
[Image]
