EXHIBIT 99.10
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT (this "Assignment") is entered into as of
January 29, 2003, by HANDSPRING FACILITY COMPANY, a Delaware limited liability
company ("Assignor") for the benefit of M-F DOWNTOWN SUNNYVALE, LLC, a Delaware
limited liability company ("Assignee").
For valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Assignor hereby assigns, transfers and conveys to Assignee
(1) all of Assignor's right, title and interest, in and to all reports, plans,
specifications, drawings, renderings, permits, approvals or maps related to the
property ("Building 2 Parcel") or the improvements ("Building 2 Improvements")
located at 000 Xxxxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxxxx, (2) all warranties,
guaranties and indemnities relating or pertaining to the Building 2 Parcel
and/or the Building 2 Improvements, whether those warranties, guaranties and
indemnities are express or implied, and all similar rights which Assignor may
have against any manufacturer, supplier, seller, engineer, contractor or
builder, in respect of the Building 2 Parcel or the Building 2 Improvements, (3)
the right to use, enjoy and enforce, in common with Assignor, all reports,
plans, specifications, drawings, renderings, permits, approvals or maps related
to the property ("Building 3 Parcel") or the improvements ("Building 3
Improvements") located at 000 Xxxxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxxxx, (4) the
right to use, enjoy and enforce, in common with Assignor, all warranties,
guaranties and indemnities relating or pertaining to the Building 3 Parcel
and/or the Building 3 Improvements, whether those warranties, guaranties and
indemnities are express or implied, and all similar rights which Assignor may
have against any manufacturer, supplier, seller, engineer, contractor or
builder, in respect of the Building 3 Parcel or the Building 3 Improvements, and
(5) all building materials and supplies acquired for the purpose of
incorporation into the Xxxxxxxx 0 Xxxxxx, xxx Xxxxxxxx 0 Xxxxxx, the Building 2
Improvements and/or the Building 3 Improvements wherever stored. Assignor
covenants and agrees to cooperate with Assignee in connection with Assignee's
use, enjoyment or enforcement of any reports, plans, specifications, drawings,
renderings, permits, approvals, maps, warranties, guaranties and/or indemnities
relating or pertaining to the Building 3 Parcel or the Building 3 Improvements.
This Assignment shall be governed by and construed in accordance with
the laws of the State of California.
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IN WITNESS WHEREOF, Assignor has executed this Assignment as of the day
and year first above written.
ASSIGNOR:
HANDSPRING FACILITY COMPANY,
LLC, a Delaware limited liability company
By: Handspring, Inc., a Delaware
corporation, its Managing Member
By: _____________________
_____________________
Its ______________
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