EXHIBIT 10.22
SIXTH AMENDMENT TO LEASE
THIS SIXTH AMENDMENT TO LEASE (this "Amendment") is made as of November
12, 1996, between MENLO OAKS PARTNERS,, L.P., a Delaware limited partnership
("Landlord"), and NETWORK GENERAL CORPORATION, a Delaware corporation
("Tenant").
THE PARTIES ENTER INTO THIS AMENDMENT based upon the following facts,
understandings and intentions:
A. Landlord and Tenant previously entered into that certain Menlo Oaks
Corporate Center Standard Business Lease dated as of March 11, 1992, as
amended by (i) that certain First Amendment to Lease dated as of June 18,
1992, (ii) that certain Second Amendment to Lease dated as of Xxxxx 00, 0000,
(xxx) that certain Third Amendment to Lease (the "Third Amendment") dated as
of February 1, 1995, (iv) that certain Fourth Amendment to Lease dated as of
May 31, 1995 and (v) that certain Fifth Amendment to Lease dated as of June
13, 1995 (as amended, the "Lease"), pursuant to which Landlord leased to
Tenant approximately 62,920 rentable square feet of space (the "Premises") in
Xxxxxxxx'x xxxxxxxx (xxx 000000 Xxxxxxxx Building") located at 0000 Xxxxxxxx
Xxxxx, Xxxxx Xxxx, Xxxxxxxxxx, as more particularly described in the Lease.
B. Pursuant to the Third Amendment, Landlord granted to Tenant an
option (the "Extension option") to extend the term of the Lease for an
additional five (5) years until June 30, 2002. Tenant exercised its
Extension Option by written notice to Landlord dated September 20, 1996.
C. Landlord and Tenant now desire to amend the Lease to, among other
things, set the Base Rent during the Extension Term. The capitalized terms
used in this Amendment and not otherwise defined herein shall have the same
meaning given to such terms in the Lease.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of
the parties, the receipt and adequacy of which are hereby acknowledged, the
parties hereto agree as follows:
1. TERM. The term of the Lease shall be extended until June 30, 2002.
Tenant shall have no further options to extend the term of the Lease.
2. BASE RENT. The monthly Base Rent during the Extension Term shall be
as follows:
Period Monthly Base Rent
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July 1, 1997 through One Hundred Sixty-Eight Thousand
December 31, 1999 Six Hundred Twenty-Five and 60/100
Dollars ($168,625.00)
January 1, 0000 Xxx Hundred Eighty-Two Thousand
through June 30, 2002 One Hundred Fifty-Three and 40/100 Dollars
($182, 153.40)
3. ENTIRE AGREEMENT. This Amendment represents the entire
understanding between Landlord and Tenant concerning the subject matter
hereof, and there are no understandings or agreements between them relating
to the Lease or the Premises not set forth in writing and signed by the
parties hereto. No party hereto has relied upon any representation, warranty
or understanding not set forth herein, either oral or written, as an
inducement to enter into this Amendment.
4. CONTINUING OBLIGATIONS. Except as expressly set forth to the
contrary in this Amendment, the Lease remains unmodified and in full force
and effect. To the extent of any conflict between the terms of this Amendment
and the terms of the Lease, the terms of this Amendment shall control.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as
of the day and year first above written.
"Landlord"
MENLO OAKS PARTNERS, L.P., a
Delaware Limited partnership
By: AM Limited Partners, a California
limited partnership, as a General
Partner
By: Amarok Menlo, Inc. a
California corporation, as a
General Parnter
By: /s/ J. Xxxxx Xxxxx, Xx.
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J. Xxxxx Xxxxx, Xx.
President
"Tenant"
NETWORK GENERAL CORPORATION, a
Delaware corporation
By: /s/ Xxxxx X. Xxxxxxxxxx
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Name: Xxxxx X. Xxxxxxxxxx
Its: Senior Vice President, Corporate Operations
and Chief Financial Officer
By: /s/ Xxxxxxx Xxxxxxx
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Name: Xxxxxxx Xxxxxxx
Its: Vice President and Controller