FIRST AMENDMENT
FIRST
AMENDMENT
THIS
FIRST AMENDMENT TO LEASE is dated as of December 12, 2006 and is made between
CYPRESS SEMICONDUCTOR CORPORATION, as Landlord, and SUNPOWER CORPORATION,
as Tenant, to be a part of that certain Office Lease Agreement and all exhibits
thereto,
dated for reference purposes only as of May 15, 2006.(the “Original Lease”),
concerning approximately 43,732 rentable square feet (“RSF”), located
within the Premises stated in the Original Lease. The Premises are located
within the Building commonly known as Building #3, (the “Building”),
located at 0000 X. Xxxxx Xxxxxx (the “Land”) as shown on the floor plan on Exhibit
"A". (See Section
1.1).
Landlord
and Tenant now desire to modify the Original Lease and, in consideration of the
mutual promises contained herein and for the other good and valuable
consideration, the receipt and sufficiency of which the parties hereby
acknowledge, Landlord and tenant hereby agree, intending to be bound thereby,
that the Original Lease is modified and supplemented in accordance with the
terms and conditions set forth below:
A. BASIC TERMS: (Page 1 & 2
of the Original Lease Agreement)
Item#7. Premises: “Approximately 43,732
rentable square feet. The Premises are located within the Building as
shown on Exhibit “A” (See Section 1.1)” shall be changed
to: “Approximately 45,840 rentable square feet. The
Premises are located within the Building as shown on Exhibit “A-1” (See attached
Exhibit “A-1”.”
Item#9. Base
Rent: The
Base Rent Table in the Original Lease shall be amended as follows:
| Lease Months | Monthly Base Rent / SF | Monthly Base Rent |
| 1-8 | $2.16 / SF | $ 94,461 |
| 9-12 | $2.16 / SF | $ 99,014 |
| 13-24 | $2.25 / SF | $ 103,140 |
| 25-36 | $2.34 / SF | $ 107,266 |
| 37-48 | $2.43/ SF | $ 111,391 |
| 49-60 | $2.53 / SF | $ 115,975 |
B. ARTICLES:
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1.
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Article
1 Section 1.1- line 7 delete “A”, change to:
“A-1”
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2.
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Article
1 Section 1.1- delete last sentence “The Premises…” shall be changed to:”
The Premises shall contain approximately 45,840 square
feet.”
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3.
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Article
2, Section 2.1, Base Rent, the monthly base rent remains up to the 8th
month or December 31, 2006 as per Original Lease . The monthly
base rent shall be adjusted to include the additional space rent effective
on the 9th
month of the Original Lease or January 1, 2007, as shown in the Base Rent
Table (b) of the Basic Terms of this First
Amendment.
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C. EXHIBITS
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4.
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Exhibit
“A”, the Floor Plan shall be amended as shown in Exhibit “A-1” of the
First Amendment.
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5.
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In
the event of any inconsistency between this First Amendment and the
Original Lease, the terms in this First Amendment shall
prevail. Except as modified herein, the Original Lease remains
in full force and effect.
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IN
WITNESS WHEREOF, the parties hereto have executed this First Amendment to Lease
as of the date first set forth above.
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Signed, sealed
and delivered
in the presence of:
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CYPRESS SEMICONDUCTOR CORP: |
| By: /s/ XXXX X. XXXXX | |
| Name: | Name: Xxxx X. Xxxxx |
|
(Print or Type
Name)
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Title: Vice President Treasurer |
| Name: | |
|
(Print or Type
Name)
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Dated: 2/27/07 |
| SUNPOWER CORPORATION: |
| By: /s/ X. XXXXXXXXX | |
| Name: | Name: X. Xxxxxxxxx |
|
(Print or Type
Name)
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Title: CFO |
| Name: | |
|
(Print or Type
Name)
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Dated: 2/27/07 |
EXHIBIT
"A-1"
FLOOR
PLAN
