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EXHIBIT 10.38
THIRD AMENDMENT TO LEASE
THIS THIRD AMENDMENT TO LEASE ("Amendment") is made and entered into as of
January 4, 1999, by and between XXXXXXXX PROPERTIES ACQUISITION PARTNERS, L.P.,
a Delaware limited partnership ("Landlord"), successor-in-interest to The
Campus, LLC, a California Limited Liability Company ("Campus LLC"), and VIASAT,
INC., a Delaware corporation ("Tenant").
R E C I T A L S
A. Campus LLC and Tenant entered into that certain lease dated as of
December 8, 1994 (the "Lease"), concerning that certain premises containing
49,675 rentable square feet (the "Premises") in a building located at 0000 Xx
Xxxxx Xxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxxxxx (the "Building"), and more
particularly described in the Lease.
B. Campus and Tenant amended the Lease by a First Amendment to Lease in
order to reduce the rentable square footage to 30,914 rentable square feet,
reduce the base rent and to exercise an option to reduce the initial term from
sixty (60) months to forty-eight (48) months.
C. Campus and Tenant amended the Lease and First Amendment to Lease by a
Second Amendment to Lease by which the Premises, now called Suite 100, was
increased to 49,675 rentable square feet.
D. Landlord succeeded to Campus LLC's interest in the Lease.
E. The Lease term expires July 31, 1999, and Tenant desires to extend
the lease for an additional term.
F. Landlord and Tenant further desire to amend the Lease to reflect the
extended term and to otherwise modify the Lease as set forth in this Amendment.
A G R E E M E N T :
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Landlord and Tenant hereby amend
the Lease as follows:
1. INCORPORATION: DEFINED TERMS. The Lease is hereby incorporated into
this Amendment by this reference. All capitalized terms used and not otherwise
defined in this Amendment, but defined in the Lease, shall have the same meaning
in this Amendment as in the Lease.
2. EXTENSION OF TERM. The term of the Lease is hereby extended for an
additional four (4) months commencing on August 1, 1999 and expiring on
November 30, 1999 ("Extended Term").
3. BASE RENT. For the Extended Term, Tenant shall pay Base Rent monthly
in accordance with the following schedule:
Base Rent Per
Period Month
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8/1/99 -11/30/99 $47,688.00
4. LANDLORD IMPROVEMENTS. Tenant shall accept the Premises in its
current "as-is" condition.
5. NO CONCESSIONS. Tenant shall not be entitled to any rent abatement or
other concessions during the Extended Term.
6. MISCELLANEOUS.
(a) Effect of Amendment. Except to the extent the Lease is modified
by this Amendment, the remaining terms and provisions of the Lease shall remain
unmodified and in full force and effect. In the event of conflict between the
terms of the Lease and the terms of this Amendment, the terms of this Amendment
shall prevail.
(b) Entire Agreement. This amendment embodies the entire
understanding between Landlord and Tenant with respect to its subject matter and
can be changed only by an instrument in writing signed by Landlord and Tenant.
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(c) Counterparts. This Amendment may be executed in counterparts,
each of which shall be deemed an original, but all of which, together, shall
constitute one in the same Amendment.
(d) Attorney's Fees. The provisions of the Lease respecting payment
of attorneys' fees shall also apply to this Amendment.
(e) Corporate Authority. Each individual executing this Amendment
for the Tenant represents that he or she is duly authorized to execute and
deliver this Amendment for the Tenant and that the Amendment is binding upon
the Tenant in accordance with its terms.
7. BROKERAGE COMMISSIONS. Tenant hereby represents and warrants to
Landlord that, other than Business Real Estate Brokerage Company and Xxxxxxxx
Properties (collectively, the "Brokers") no other broker or finder has been
engaged by it in connection with the transaction contemplated by this Amendment
or to its knowledge is in any way connected with such transaction. In the event
of any claims or brokers' or finders' commissions or fees in connection with
the negotiation, execution or consummation of this Amendment other than by the
Brokers, then Tenant shall indemnify, defend and hold harmless Landlord from
and against any such claims if they shall be based upon any statement or
representation or agreement of Tenant.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the
date and year first set forth above.
LANDLORD: XXXXXXXX PROPERTIES ACQUISITION PARTNERS, L.P., a
Delaware limited partnership
By: Xxxxxxxx Properties I, Inc.
Its: General Partner
By: /s/ XXXXX XXXXXXX
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Name: Xxxxx Xxxxxxx
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Title: Vice President
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By:
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Name:
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Title:
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TENANT:
VIASAT, INC.
a Delaware corporation
By: /s/ XXXX XXXXXXX
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Name: Xxxx Xxxxxxx
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Title: Vice President
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By: /s/ [SIG. ILLEGIBLE]
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Name: [Sig. Illegible]
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Title: Vice President
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