Exhibit 4.4
SUBLEASE AGREEMENT
This
sublease is made as of February 1, 2004 between RADCOM EQUIPMENT, INC., with offices at 0
Xxxxxx Xxxxxx, Xxxxxxx, Xxx Xxxxxx 00000 (“Sublessor”) and Silicom Connectivity
Solutions, Inc., with offices at 000 Xxxxxxxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
(“Sublessee”)
The
sublessor is presently under a lease (hereinafter “Prime Lease”) dated December,
2000, between XXXXX XXXXXXX PROPERTIES, INC. and XXXXXX XXXXXXX PROPERTIES, INC., as
“Lessor” and RADCOM EQUIPMENT, INC., as “Lessee”. A true copy of this
Prime Lease is annexed to this Sublease and is made a part of this Sublease and is fully
incorporated herein. The copy of the Prime Lease has been initialed by all parties to this
sublease.
The
Sublessor and Sublessee have agreed to a subletting of the Subleased Space, as hereinafter
defined, on the terms and conditions specified in this Sublease.
For
and in consideration of the covenants herein contained, and upon the terms and conditions
herein set forth, Sublessor and Sublessee agree as follows:
| |
1. |
Sublessor hereby leases to Sublessee, and Sublessee hereby rents from Sublessor,
276 gross rentable square feet on the first floor of the Building, being a part
of the Demised Premises, and identified on Exhibit I hereto, which includes an
allocable share of the Common Facilities as defined in Article 41(a) of the
Prime Lease. This space is hereinafter refered to as the “Subleased
Space”. |
| |
2. |
The Commencement Date for the Subleased Space shall be February 1, 2004,
provided that the date for commencement of payment of rent shall be February 1,
2004. |
| |
3. |
The Term of this sublease shall coincide with the Term under the Prime Lease,
which currently has an Expiration Date of January 14, 2006, subject to Lessee
option to renew under the Prime Lease. |
| |
4. |
All of the terms and conditions, rights and obligations of Lessee under the
Prime Lease shall apply to Sublessee hereunder, as though Sublessee were Lessee
under the Prime Lease, except as follows: |
| |
(a) |
Paragraph
8 of the Preamble to the Prime Lease shall be changed to read: |
| |
No
Broker involved with the sub-lease. |
| |
(b) |
Paragraph
11 of the Preamble to the Prime Lease shall be changed to read as follows: |
| |
FIXED
BASIC RENT shall mean $17.62 per gross rentable square foot per annum (this covers
base rent of 15.72 + 1.50 for electric+.40 for building cost overruns), payable as
follows: |
|
|
|
|
|
|
|
|
|
|
| A. Yearly rate: |
$4,863.12 |
| B. Monthly Installment |
$405.26 |
| |
(c) |
Paragraph
12 of the Preamble to the Prime Lease shall be changed to read as follows: |
| |
SUBLESSEE’S
PERCENTAGE shall be .009%; The total gross rentable square footage of the Building is
28,220. |
| |
(d) |
Paragraph
13 of the Preamble to the Prime Lease shall be changed to read as follows: |
| |
PARKING
SPACES allotted to Sublessee under this Sublease shall mean a total of three (3)
spaces. |
| |
(e) |
Paragraph
15 of the Preamble to the Prime Lease shall be changed to read as follows: |
| |
SECURITY
DEPOSIT shall be $405.26 |
| |
5. |
Paragraph 17 of the Preamble to the Prime Lease shall not apply to this
Sublease. Sublessee hereby accepts the Demised Premises in its “as is”
condition. Sublessee will do all fit-up on the Demised Premises, at its own
expense, after submitting plans to Lessor for its approval, which shall not be
unreasonably withheld. All fit-up work is to be done with proper municipal and
governmental permits and approvals. |
| |
6. |
As to the Subleased Space, Sublessee shall be granted the Renewal Option set
forth in Paragraph 19 of the Preamble to the Prime Lease. Lessor agrees that
Sublessee shall be entitled to exercise this option as to the Subleased Space
only in the event that the Sublessor exercises its Renewal Option under the
Prime Lease and agrees to such extension. |
| |
7. |
The parties understand that the Sublessee’s use of the Subleased Space will
be for general office use. |
| |
8. |
In the event of a default in leasehold obligations by Sublessor, the sublessee
shall have no right to continue its subtenancy unless agreed to by the Landlord.
In the event of a default, Lessor may exercise its rights under Paragraph 8 (b)
iii of the Prime Lease to take over all Sublessor’s rights, title and
interest and Sublessee will attorn to Lessor and pay directly to Lessor,
Sublessee’s rent as set forth in this Sublease. However, Sublessee shall
only be responsible for payment of its rent for the Subleased Space. |
2
| |
9. |
Sublessor agrees to supply Sublessee with copies of the operating, utility and
energy and real estate tax costs at the same time it receives these figures from
Lessor in accordance with Paragraph 23 (g) on page 22 of the Prime Lease. |
| |
10. |
Sublessee shall be responsible to pay any fee that may be due pursuant to
Paragraph 8 (b) vii of the Prime Lease. |
| |
11. |
All the terms and definitions set forth in the Prime Lease shall have the same
meaning in this Sublease Agreement, except as they may be modified herein. |
IN
WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and
year first above written.
SUBLESSOR:
RADCOM EQUIPMENT, INC.
By:_______________________ |
|
SUBLESSEE:
Silicom Connectivity Solutions, Inc.
By:_______________________ |
CONSENT TO SUBLET
XXXXX
XXXXXXX PROPERTIES, INC. and XXXXXX XXXXXXX PROPERTIES, INC. as Lessor under the Prime
Lease hereby consent to the Sublease Agreement set forth above. Lessor specifically
consents to and agrees to be bound by the terms of paragraphs 5,6,7 and 8 above, as the
same impose obligations on Lessor.
This
consent is limited to the particular sublease authorized by this Consent to Sublet. Except
for this consent, the covenants and restrictions in the Prime Lease prohibiting subletting
shall remain in effect.
XXXXX XXXXXXX PROPERTIES, INC.
By:______________________________ |
|
XXXXXX XXXXXXX PROPERTIES, INC.
By:________________________________ |
3
