EXHIBIT 10.12
AMENDMENT NO. 2 TO LEASE
This AMENDMENT NO. 2 TO LEASE (this "Amendment") is dated as of this 21
day of February, 2002, by and between 525 ALMANOR LLC, a California limited
liability company ("Landlord"), and SIMPLEX SOLUTIONS, INC., a Delaware
corporation ("Tenant").
RECITALS
A. Landlord and Tenant entered into that certain Lease dated March 21,
1997, as amended by that certain Amendment No. 1 to Lease dated January 23, 2002
(collectively, the "Lease") for premises located in the City of Sunnyvale,
County of Santa Xxxxx, State of California, commonly known as 000 Xxxxxxx
Xxxxxx, comprised of 29,340 rentable square feet of floor area (the "Leased
Premises"). Capitalized terms used in this Amendment and not otherwise defined
shall have the meanings assigned to them in the Lease.
B. Landlord and Tenant now desire to amend the Lease to reduce the amount
of Tenant's Security Deposit according to the terms and conditions set forth
herein.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree
as follows:
1. RECITALS. The foregoing Recitals are hereby incorporated into this
Amendment.
2. SECURITY DEPOSIT. The amount of Tenant's Security Deposit set forth in
Article 1 of the Lease is hereby reduced to $150,954.30.
3. RATIFICATION. The Lease, as amended by this Amendment, is hereby
ratified by Landlord and Tenant and Landlord and Tenant hereby agree that the
Lease, as so amended, shall continue in full force and effect.
4. MISCELLANEOUS.
(a) VOLUNTARY AGREEMENT. The parties have read this Amendment and on
the advice of counsel they have freely and voluntarily entered into this
Amendment.
(b) ATTORNEY'S FEES. If either party commences an action against the
other party arising out of or in connection with this Amendment, the prevailing
party shall be entitled to recover from the losing party reasonable attorney's
fees and costs of suit.
(c) SUCCESSORS. This Amendment shall be binding on and inure to the
benefit of the parties and their successors.
(d) COUNTERPARTS. This Amendment may be signed in two or more
counterparts. When at least one such counterpart has been signed by each party,
this Amendment shall be
deemed to have been fully executed, each counterpart shall be deemed to be an
original, and all counterparts shall be deemed to be one and the same
agreement.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment as of
the date first written above.
TENANT:
SIMPLEX SOLUTIONS, INC., a Delaware corporation
By: /s/ Xxxx Xxxxxx
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Title: CFO
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By: /s/ Xxxx Xxxx
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Title: Controller
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LANDLORD:
525 ALMANOR LLC, a California limited liability
company
By: Menlo Equities LLC, a California
limited liability company, Manager
By: Menlo Equities Inc., a California
corporation, its Managing Member
By: /s/ Xxxxx X. Xxxxxxx
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Xxxxx X. Xxxxxxx, President
