SUBLEASE
This Sublease is entered into by and between APPLIED DIGITAL ACCESS, a
California corporation, Sublessor, and ENOVA CORPORATION, a California
corporation, Sublessee, under that certain Lease dated June, 1993, entered into
by Sorrento Tech Associates, a California limited partnership, as Lessor, and
Sublessor under this Sublease as Lessee, as amended by that certain First
Amendment to Lease dated as of September 23, 1994, and as further amended by
that certain Second Amendment to Lease dated as of August 8, 1996. A copy of the
Lease, First Amendment to Lease and Second Amendment to Lease, collectively
hereinafter known as the Master Lease, are attached hereto as Exhibit "A."
1. INCORPORATION OF AND ASSUMPTION
OF MASTER LEASE OBLIGATIONS
Except as specifically provided in this Sublease to the contrary, this Sublease
is subject to all of the terms and conditions of the Master Lease in Exhibit
"A." Except as specifically provided in this Sublease to the contrary, Sublessee
agrees to assume and perform the obligations of Sublessor and Lessee in said
Master Lease, but only to the extent said obligations arise from or relate to
the Premises subleased pursuant to this Sublease. Sublessee shall not commit or
permit to be committed on the Premises any act or omission which shall violate
any term or condition of the Master Lease. In the event of the termination of
Sublessor's interest as Lessee under the Master Lease, for any reason, then this
Sublease shall terminate coincidentally therewith without any liability of
Sublessor to Sublessee, subject however to Lessor's agreement to grant to
Sublessee the quiet enjoyment of the Premises subleased set forth below in
Lessor's Consent.
Sublessor and Sublessee agree that Sublessee does not assume any obligations
with regard to the following sections of the Master Lease:
Lease
2.5 Rentable Area Defined
2.6 Building Rentable Area
5 Additional Charges for Expenses
6.2 Security Deposit
7 Construction [Tenant Improvements]
16.2 Tenant's Liability Insurance (Sublessee will provide evidence
of self-insurance)
16.3 Form of Policies (Sublessee will provide evidence of
self-insurance)
18.6 Assumption of Obligations
22.4 Payment of Sums Due
30.2 Financial Statements 30.10 Holding Over
First Amendment
3. Security Deposit
5. Brokers Commission
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Second Amendment
3. Acceptance of Expansion Area
6. Security Deposit
8. Broker Commissions
2. PREMISES
Sublessor leases to Sublessee and Sublessee hires from Sublessor the following
described Premises together with the appurtenances described in the Master
Lease, situated in the City of San Diego, County of San Diego, State of
California and described as:
0000 Xxxxxxxx Xxxx, Xxxxx 000, approximately 23,381 square feet of Building 5 of
the San Diego Tech Center as shown on Exhibit "B" attached hereto and
incorporated by this reference.
3. RENTAL
Sublessee shall pay to Sublessor as rent for the Premises in advance on the
first day of each calendar month of the term of this Sublease without deduction,
offset, prior notice or demand, in lawful money of the United States, the sum of
Twenty-Seven Thousand One Hundred Twenty-One Dollars Ninety-Six Cents
($27,121.96). If the commencement date is not the first day of the month, or if
the Sublessee termination date is not the last day of the month, a prorated
monthly installment shall be paid at the then current rate for the fractional
month during which the Sublease commences and/or terminates.
In the event Sublessee continues to occupy the space after September 1, 1997,
the monthly rental rate will be $28,291.01. Sublessee shall be responsible for
their separately metered electricity.
By executing this Sublease, Sublessor hereby acknowledges receipt of $27,121.96
as the first month's rental.
4. TERM
(a) The term of this Sublease shall be for a period of six months
commencing on January 1, 1997, and ending on June 30, 1997.
(b) After June 30, 1997 Sublessee shall have the right to occupy the
Premises on a month to month basis through December 31,1997, and shall have the
right to terminate anytime during that period with thirty (30) days written
notice.
(c) In the event Sublessor is unable to deliver possession of the Premises
at the commencement of the term, Sublessor shall not be liable for any damage
caused thereby, and this Sublease shall be voidable at Sublessee's sole
discretion. If the sublease is voided by Sublessee,
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Sublessee shall not be liable for any rent due under the terms of the Sublease.
If Sublessee, with Sublessor's consent, takes possession prior to the
commencement of the term, Sublessee shall do so subject to all of the covenants
and conditions hereof except for the obligation to pay rent for the period prior
to and ending upon the commencement of the term as stated herein.
5. USE
Sublessee shall use the Premises for general office uses and for no other
purpose without the prior written consent of Sublessor, which consent shall not
be unreasonably withheld.
6. TENANT IMPROVEMENTS
Sublessee shall accept the premises in "as-is" condition, broom clean. Any
improvements must be approved by Landlord and Sublessor per Section 10 of the
Master Lease.
7. NOTICES
All notices or demands of any kind required or desired to be given by Sublessor
or Sublessee thereunder shall be in writing and shall be deemed delivered
forty-eight (48)hours after depositing the notice or demand in the United States
mail, certified or registered, postage prepaid, addressed to the Sublessor or
Sublessee respectively at the addresses set forth after their signatures at the
end of this Sublease. All rent and other payments due under the Sublease shall
be made by Sublessee to Sublessor at the same address.
Dated: 12/11/96 Dated: 12/9/96
Sublessor: Sublessee:
Applied Digital Access, Enova Corporation,
a California corporation a California corporation
By: /s/ Xxxxx Xxxxxx By: /s/ Xxxxx X. Xxxxx
President Senior Vice President
0000 Xxxxxxxx Xxxx 000 Xxx Xxxxxx
Xxx Xxxxx, XX 00000 Xxx Xxxxx, XX 00000
LESSOR'S CONSENT
The undersigned, Lessor under the Master Lease attached as Exhibit "A," hereby
consents to the subletting of the Premises described herein on the terms and
conditions contained in this Sublease. This consent shall apply only to this
Sublease and shall not be deemed to be a consent to any other Sublease. Lessor
hereby provides to Sublessee the right to remain in the subleased
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premises under the same terms and conditions set forth in this Sublease in the
event of Sublessor's default.
Dated: 12/12/96 Lessor: Sorrento Tech Associates,
a California limited partnership
By: Xxxxxx Canyon RPF Realty Corp.
a Connecticut corporation,
General Partner
By: /s/ Xxxx X. Xxxxx
Xxxx X. Xxxxx
Vice President
