THIRD AMENDMENT TO LEASE
EXHIBIT 10.6
THIRD
AMENDMENT TO LEASE
THIS
THIRD AMENDMENT TO LEASE (this “Third Amendment”) is dated as of April 7, 2008
and is made between CYPRESS SEMICONDUCTOR CORPORATION, as Landlord, and SUNPOWER
CORPORATION, as Tenant, to be a part of that certain Office Lease Agreement and
all exhibits thereto, dated for reference purposes only as of May 15, 2006 (the
“Original Lease”), concerning approximately 43,732 rentable square feet (“RSF”),
located within the Premises stated in the Original Lease. The Premises are
located within the Building commonly known as Building #3, (the“Building”),
located at 0000 X. Xxxxx Xxxxxx (the “Land”) as shown on the floor plan on Exhibit
A to the Original Lease.
Landlord
and Tenant now desire to modify the Original Lease and, in consideration of the
mutual promises contained herein and for the other good and valuable
consideration, the receipt and sufficiency of which the parties hereby
acknowledge, Landlord and tenant hereby agree, intending to be bound thereby,
that the Original Lease is modified and supplemented in accordance with the
terms and conditions set forth below:
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1.
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Basic
Terms Item #9 of the Original Lease is hereby amended to state in its
entirety as follows:
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| Lease | Monthly Base | Rentable | Monthly |
| Months | Rent / SF | Square Feet | Base |
| 1-2 | $0.00/SF | 43,732 | $- |
| 3-8 | $2.16/SF | 43,732 | $94,461 |
| 9-12 | $2.16/SF | 45,840 | $99,014 |
| 13-14 | $2.25/SF | 45,840 | $103,140 |
| 15-24 | $2.25/SF | 51,228 | $115,263 |
| 25-36 | $2.34/SF | 51,228 | $119,873 |
| 37-48 | $2.43/SF | 51,228 | $124,484 |
| 49-60 | $2.53/SF | 51,228 | $129,606 |
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2.
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The
monthly Base Rent remains unchanged through the 8th
month (or December 31, 2006) as per Original Lease. However,
Article 2, Section 2.1, is hereby amended such that the monthly Base Rent
shall be adjusted to include the additional space added pursuant to
Section 1 of this Third Amendment. Effective during the 9th
month of the term (or January 1, 2007), the monthly Base Rent shall be
adjusted to include the additional 2,108 RSF, and, effective during the
15th
month of the term (or July 1, 2007), the monthly Base Rent shall be
adjusted to include the additional 5,388 RSF, in each case as shown in the
Base Rent Table in Basic Terms Item #9 as amended by this Third
Amendment.
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1
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3.
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In
the event of any inconsistency between this Third Amendment and the
Original Lease, the terms in this Third Amendment shall prevail. Except as
modified herein, the Original Lease remains in full force and
effect.
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4.
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The
Original Lease, as amended by this Third Amendment, constitutes the entire
agreement between the parties and supersedes any previous agreements
between the parties with respect to the subject matter of this Third
Amendment. If any provision of this Third Amendment is held to
be illegal, invalid or unenforceable, in whole or in part, such provision
will be modified to the minimum extent necessary to make it legal, valid
and enforceable, and the legality, validity and enforceability of the
remaining provisions will not be affected
thereby.
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IN
WITNESS WHEREOF, the parties hereto have executed this Third Amendment as of the
date first set forth above.
| CYPRESS SEMICONDUCTOR CORP: | |||
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By:
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/s/ Xxxx Xxxxx | |
| Name | Xxxx Xxxxx | ||
| Title | Sr. Vice President, Treasurer | ||
| Date | 4/7/08 | ||
| SUNPOWER CORPORATION: | |||
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By:
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/s/ Xxxxxxxx Xxxxxxxxx | |
| Name | Emammuel Xxxxxxxxx | ||
| Title | CFO | ||
| Date | 4/8/08 | ||
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