AMENDMENT TO LEASE
(130 XXXX XXXXXXX WAY)
This AMENDMENT TO LEASE (this "Amendment") is dated as of this 16 day
of February, 2000 by and between CORPORATE TECHNOLOGY CENTRE ASSOCIATES II LLC,
a California limited liability company ("Landlord"), and DIGITAL MICROWAVE
CORPORATION, a Delaware corporation ("Tenant").
RECITALS
A. Metropolitan Life Insurance Company ("MetLife") and Tenant
entered into a Lease dated May 6, 1991, as amended from time to time (the
"Lease"), for premises (the "Premises") with a street address of 000 Xxxx
Xxxxxxx Xxx, Xxx Xxxx, Xxxxxxxxxx, and more particularly described in the Lease;
B. Landlord acquired fee title to the Premises on or about August
14, 1998, and succeeded to MetLife as landlord under the Lease; and
C. Landlord and Tenant have agreed to amend the Lease to shorten
the term of the Lease enter into a new lease for the Premises concurrently
herewith; and
D. Landlord and Tenant now desire to amend the Lease on the terms
and conditions set forth herein. Capitalized terms used in this Amendment and
not otherwise defined shall have the meanings assigned to them in the Lease.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree
as follows:
1. LEASE TERM. The provision entitled "TERM" in the Basic Lease
Information of the Lease is hereby deleted and replaced with the following:
TERM: The term of this Lease shall be for nine (9) years
and three (3) months. The term shall commence on
September 1, 1991 and shall expire on December 31,
2000.
2. RATIFICATION. The Lease, as amended by this Amendment, is
hereby ratified by Landlord and Tenant and Landlord and Tenant hereby agree that
the Lease, as so amended, shall continue in full force and effect.
3. MISCELLANEOUS.
(a) VOLUNTARY AGREEMENT. The parties have read this Amendment
and on the advice of counsel they have freely and voluntarily entered into this
Amendment.
(b) ATTORNEY'S FEES. If either party commences an action
against the other party arising out of or in connection with this Amendment, the
prevailing party shall be entitled to recover from the losing party reasonable
attorney's fees and costs of suit.
(c) SUCCESSORS. This Amendment shall be binding on and inure
to the benefit of the parties and their successors.
(d) COUNTERPARTS. This Amendment may be signed in two or more
counterparts. When at least one such counterpart has been signed by each party,
this Amendment shall be deemed to have been fully executed, each counterpart
shall be deemed to be an original, and all counterparts shall be deemed to be
one and the same agreement.
IN WITNESS WHEREOF, Landlord and Tenant have executed this
Amendment as of the date first written above.
LANDLORD:
CORPORATE TECHNOLOGY CENTRE ASSOCIATES II LLC, a
California limited liability company
By: Corporate Technology Centre Partners II LLC, a
California limited liability company, its
Managing Member
By: Menlo Equities LLC, a California limited
liability company, its Managing Member
By: Diamant Investments LLC, a
Delaware limited liability
company, Member
By: /s/ Xxxxxxx X. Xxxxxxxxx
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Xxxxxxx X. Xxxxxxxxx, Manager
TENANT:
DIGITAL MICROWAVE CORPORATION, a Delaware corporation
By: /s/ [ILLEGIBLE]
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Title: SR VP - CFO
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By: /s/ [ILLEGIBLE]
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Title: CEO
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