EXHIBIT 10.2
SUBLEASE
This Sublease ("Sublease") is made this 1st day of October, 1999 by and
between Xxxxxxxxxxxx.xxx, a California corporation ("Sublandlord") and Be Here
Corporation, a California corporation ("Subtenant").
RECITALS
A. Sublandlord, as Tenant, is leasing from Symantec Corporation,
a Delaware corporation, ("Landlord") those certain premises located at 00000
Xxxxxxx Xxxxx Xxxx., Xxxxx 000, Xxxxxxxxx, Xxxxxxxxxx ("Premises") pursuant to
that certain lease dated June 14, 1999 ("Master Lease"). Subtenant acknowledges
having received and reviewed a copy of the Master Lease.
B. Sublandlord desires to lease to Subtenant and Subtenant
desires to lease from Sublandlord a portion of the Premises known as Suite 100B
(Refer to Exhibit B) consisting of approximately 4,968 rentable square feet (the
"Sublease Premises" as shown on Exhibit A attached hereto, on the terms and
conditions set forth in this Sublease.
NOW, THEREFORE, the parties hereto agree as follows:
1. PREMISES
Sublandlord leases to Subtenant and Subtenant hires from
Sublandlord the Premises, together with the appurtenances thereto.
2. INCORPORATION OF MASTER LEASE
This Sublease is subject to all of the terms and conditions of
the Master Lease and Subtenant hereby accepts, assumes and agrees to perform all
the obligations of Sublandlord as Tenant under the Master Lease and all of the
terms and conditions of this Sublease (with each reference therein to Landlord
and Tenant to be deemed to refer to Sublandlord and Subtenant, respectively),
excepting only paragraphs: 4. (applies except for total sums), 5. (applies
except for total sums), 15. (applies except Subtenant to be allocated 19 parking
spaces), and 51. Subtenant shall not commit or permit to be committed on the
Sublease Premises any act or omission which shall violate any term or condition
of the Master Lease. In the event of the termination for any reason of
Sublandlord's interest as Tenant under the Master Lease, then this Sublease
shall terminate therewith without any liability of Sublandlord to Subtenant;
except that if this Sublease terminates as a result of a default of one of the
parties hereto, whether under this Sublease, the Master Lease, or both, the
defaulting party shall be liable to the non-defaulting party for all damages
suffered by the non-defaulting party resulting from such termination.
3. TERM
The term of this Sublease shall be for a period of two (2)
years commencing on November 1, 1999, and ending on October 31, 2001. In the
event Sublandlord is unable to deliver possession of the Sublease Premises at
the commencement of the term, Sublandlord shall not be liable for any damage
caused thereby, nor shall this Sublease be void or voidable nor shall the term
hereof be extended by such delay; provided, however, that Subtenant shall not be
liable for rent until such time as Sublandlord offers to deliver possession of
the Sublease Premises to Subtenant.
4. USE
Subtenant shall use the Sublease Premises for general office
and for no other purpose.
5. RENTAL
(a) Subtenant shall pay to Sublandlord as rent for the
Sublease Premises, in advance, on the first day of each calendar month of the
term of this Sublease, without deduction, offset, prior written notice or
demand; in lawful money of the United States, the sums defined below.
Rental Schedule:
Months Monthly Rent Rate/RSF/Month
------ ------------ --------------
01 - 12 $14,655.60 NNN $2.95 NNN
13 - 24 $15,241.82 NNN $3.07 NNN
If the commencement and/or termination date is not the first 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.
(b) Sublandlord acknowledges receipt from Subtenant, on
the execution hereof, of the sum of eighteen thousand two hundred thirty two and
56/100 dollars ($18,232.56) to be applied against rent and expenses (refer to
Paragraph 5 of the Master Lease) for the first full month of the term.
(c) Concurrently with Subtenant's execution of this
Sublease, Subtenant shall deposit with Sublandlord the sum of thirty seven
thousand fifty one and 34/100 dollars ($37,051.34) as a non-interest bearing
security deposit for Subtenant's performance under this Sublease. Delinquent
rent payments may be deducted from the Security Deposit. In the event Subtenant
has performed all of the terms and conditions of this Sublease throughout the
term, the amount paid as security deposit shall be returned to Subtenant upon
Subtenant vacating the Premises, after first deducting any sums owing to
Sublandlord.
6. SURRENDER AT END OF TERM
Subtenant agrees to surrender the Sublease Premises on
expiration or earlier termination of the term hereof, in good condition and
repair, reasonable wear and tear expected.
7. LANDLORD'S WRITTEN CONSENT
This Sublease is conditioned upon and effective only upon
obtaining the written consent of Landlord.
8. NOTICES
All notices and demands of any kind required to be given by
Sublandlord or Subtenant hereunder shall be in writing and effective twenty-four
(24) hours after depositing same in the United States mail, postage prepaid, and
addressed to Sublandlord or Subtenant, as the case may be, at the address set
forth below their respective signature or at such other address as they may
designate from time to time.
9. INSURANCE
Insurance requirements pertaining to Sublandlord as Tenant
under paragraph 11 of the Master Lease shall also apply to Subtenant.
10. SIGNAGE
Subtenant will reasonably cooperate with Sublandlord in
obtaining signage rights from the Master Lessor. Subtenant will not be able to
utilize the monument sign for the Building.
SUBLANDLORD: SUBTENANT:
Xxxxxxxxxxxx.xxx Be Here Corporation
a California corporation a California Corporation
By: /s/ Xxxxxx Schulhot By: /s/ Xxxxxx X. Xxxxxxxx, Xx.
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Name: Xxxxxx Schulhot By: XXXXXX X. XXXXXXXX, XX.
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Title: President By: President
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Date: 10/20/99 Date: 10-6-99
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By: By:
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Name: Name:
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Title: Secretary Title: Secretary
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Date: Date:
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CONSENT OF MASTER LANDLORD:
Master Landlord hereby consents to all terms of this Sublease.
MASTER LANDLORD:
Symantec Corporation
a Delaware corporation
By: /s/ Xxxx X. Xxxxx, Xx.
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Name: Xxxx X. Xxxxx, Xx.
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Title: V.P. Worldwide Logistics & Facilities
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Date: Oct 28, 1999
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