EXHIBIT 10.81
FOURTH ADDENDUM TO INDUSTRIAL REAL ESTATE LEASE
This Fourth Addendum to Industrial Real Estate Lease is made this 15th day of
December, 2000, by and between Informix Software, Inc. ("Lessee") and 3905
Xxxxxxxx Partners ("Lessor").
RECITALS
Lessee currently leases from Lessor approximately 15,869 square feet of the
building located at 0000 Xxxxxxxx Xxxxx, Xxxxx Xxxx, Xxxxxxxxxx
("Property"), consisting of suites A, C, D, E, F and G, and 5,500 square feet
of parking lot storage located at the Property under the lease dated April
10, 1995, as amended by an Addendum to Industrial Lease executed by Lessor on
May 30, 1995, and amended by a Second Addendum to Industrial Lease executed
by Lessee on January 27, 1997, and amended by a Third Addendum to Industrial
Lease dated December 17, 1998 ("Lease").
NOW THEREFORE, in consideration of the above recital and the mutual convenants
and agreements herein, the parties hereby amend the Lease as follows:
1. Term. The Term of the Lease is hereby extended for a period of three
years ("Extended Term") from November 1, 2000, to October 30, 2003.
2. Base Rent. The Base Rent for the office space during the Extended Term
shall be as follows:
PERIOD BASE RENT
------------------- --------------------
11/01/00 - 10/30/01 $82,518.80 per month
11/01/01 - 10/30/02 $86,406.70 per month
11/01/02 - 10/30/03 $90,489.00 per month
3. Parking Lot Storage Rent. The Rent for the parking lot storage space
during the Extended Term shall be as follows:
PERIOD RENT
------------------- --------------------
11/01/00 - 10/30/01 $1,800.00 per month
11/01/01 - 10/30/02 $1,890.00 per month
01/01/02 - 10/30/03 $1,984.50 per month
4. Paragraph 3.02 of the Lease is hereby deleted in its entirety.
5. The second sentence of Paragraph 4.02(a) of the Lease is hereby amended
to read as follows:
"Base Real Property Taxes" are real property taxes applicable to the
Property as shown on the tax xxxx for the first fiscal year ending after
November 1, 2000"
6. Paragraph 4.04(c)(i) of the Lease is hereby amended to read as
follows:
"Landlord shall pay the "Base Premiums" for the insurance policies
maintained by Landlord under Paragraph 4.04(b). The Base Premiums are
the insurance premiums paid during calendar year 2001."
7. Lessor and Lessee each represent to the other that they have dealt with
no real estate brokers, finders, agents or salesmen in connection with
this transaction other than Xxxxxxx Xxxxxx representing Lessor and
Xxxxxxx & Xxxxxxxxx representing Lessee. The parties agree that each of
them shall be responsible for and pay any required commission to such
party's own broker in connection with this Fourth Addendum pursuant to
separate agreements. Both parties agree to indemnify, defend and hold
the other harmless from any claims, demands, liabilities, costs and
expenses, including reasonable attorneys' fees, arising out of or
resulting from a claim by any person other than those specified above
that it is entitled to a commission, finder's fee or other compensation
in connection with this Fourth Addendum based on the acts or commissions
of the other party.
7. Except as specifically modified herein, all terms, covenants and
conditions of the Lease shall remain in full force and effect. In the
event of any conflicts between this Fourth Addendum and the Lease, this
Fourth Addendum shall prevail.
IN WITNESS WHEREOF, the parties have executed this Fourth Addendum on the day
and year first above written.
LESSOR LESSEE
3905 Xxxxxxxx Partners Informix Software, Inc.
By: /s/ XXXX X. XXXXX By: /s/ XXXXX XXXXXX
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Its: Managing Partner Its: Assistant General Counsel and
----------------------------- Assistant Secretary
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Date: December 15, 2000 Date: December 6, 2000
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