EXHIBIT 10.36
LEASE AMENDMENT
This document amends the Lease Agreement dated November 14, 1996 and amended
November 24, 1997 and March 27, 1998 by and between Blue Lake Partners, Ltd.
("Landlord"), and McAfee Software, Inc., a Delaware Corporation ("Tenant"), for
the Premises located at 4099 XxXxxx, Suites 500, 620, & 700, and 0000 XxXxxx,
Xxxxx 000 Xxxxxx, Xxxxx 00000 as follows:
Basic Lease Provision No. 2 "Premises"
Effective June 1, 1998, Tenant shall expand within the same building into Suite
#405 in the 4099 XxXxxx Building containing 2,123 rentable square feet
maintaining all its space at 4099 XxXxxx Suites 500, 620, & 700 and 0000 XxXxxx
Xxxxx 000. The new, combined square footage will total 55,704 rentable square
feet. The expansion space (4099 XxXxxx, Suite #405) is further defined and
delineated on the attached Exhibit "A-3".
Basic Lease Provision No. 3 "Basic Rent"
Effective June 1, 1998, Tenant's Basic Monthly Rent shall adjust as follows:
Term Monthly Rent
---- ------------
June 1, 1998 thru Jan. 31, 2002 $76,616.08
Feb. 1, 2002 thru Feb. 17, 2003 $81,243.23
Basic Lease Provision No. 4 "Tenant's Pro Rate Share"
Effective June 1, 1998, Tenant's proportionate share of the 4099 XxXxxx
Building shall be set at 32.18% for all purposes under this Lease.
Basic Lease Provision No.'s 5&6 "Operating Expense Stop"
Effective June 1, 1998, the Expense Stop for the expansion space only (0000
XxXxxx, Xxxxx #000 - 2,123 rsf) shall be set at an amount equal to the sum of
the actual grossed up operating expenses for 1998, expressed as a function of
123,770 rentable square feet for the building.
Basic Lease Provision No. 7 "Term"
Effective June 1, 1998, Tenant's Lease Term for the expansion space (4099
XxXxxx, Suite 405 - 2,123 rsf) shall be fifty-six and one half (56 1/2) months
for an expiration date coterminous with Tenant's existing space of February 17,
2003.
Basic Lease Provision No. 11 "Tenant's Broker"
Tenant represents and warrants that it has dealt with no Broker or Agent in
connection with the execution of this Lease Amendment and Tenant agrees to
indemnify and hold harmless Landlord against all liabilities and costs arising
from a breach of such warranty including without limitation attorney's fees in
connection therewith.
Exhibit "D"
Exhibit D, Work Letter, Plans Agreed Upon/Finish Allowance, paragraph 2.1,
shall be amended such that Landlord shall provide an allowance up to $17,514.75
(The "Finish Allowance"). Tenant acknowledges that Landlord has satisfactorily
completed all of Landlord's work and all tenant improvements called for by or
under all prior Exhibit "D" construction plans and specifications to the Lease
and any Amendments, and the only work to be performed by Landlord is under this
Amendment. Tenant Improvements shall be constructed in accordance with Exhibit
D. Tenant agrees to execute an Acceptance of Premises Memorandum upon
Substantial Completion as defined in Exhibit D.
Submission of this instrument for examination or signature by Tenant is not
effective until execution by and delivery to both Landlord and Tenant.
All other terms and conditions shall remain the same and in full force and
effect.
EXECUTED the 4th day of June, 1998.
LANDLORD: Blue Lake Partners, Ltd.
By: SF Realty, Inc. Its General Partner
By: /s/ XXXX XXXXXXXX
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Xxxx Xxxxxxxx, Leasing Manager
TENANT: McAfee Software, Inc.
(a Delaware Corporation)
By: /s/ XXXXXXX XXXXX, CFO
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Xxxxxxx Xxxxx, CFO
Exhibit "A-3"
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