EXHIBIT 10.22
FIRST SUBLEASE AGREEMENT AMENDMENT
THIS AGREEMENT, dated August 6, 1997 is made by and between Attachmate
Corporation, a Washington Corporation, ("Sublessor"), and Vicinity Corporation,
a California corporation, ("Sublessee"), (hereinafter "First Sublease Agreement
Amendment").
THIS AGREEMENT relates to the Sublease Agreement dated the 2nd day of
October, 1996 between Sublessor and Sublessee, ("Sublease").
RECITALS
A. It is the desire of the Sublessor and Sublessee to amend the terms of said
Sublease.
IN CONSIDERATION OF THE MUTUAL COVENANTS contained herein, Sublessor and
Sublessee agree the Sublease is amended as follows:
1. PREMISES:
Effective August 6, 1997, the Premises hired from Sublessor by Sublessee
shall be reduced from 10,370 rentable square feet and now shall be described as
the one (1) story industrial/office building having the street address of 0000
Xxx Xxxxxxx Xxxx, Xxxxxxxx X, Xxxx Xxxx, Xxxxxxxxxx, more particularly described
as 7,598 rentable square feet, outlined on the floor plan attached to this First
Sublease Agreement Amendment as Exhibit A.
2. RENTAL:
Section 5, subsection (a) is revised to read as follows:
Effective August 6, 1997, Sublessee shall pay to Sublessor without
deduction, setoff, prior notice or demand, as base rental ("Base Rent") the sum
of $11,397.00 per month in advance on the first day of each month in lawful
money of the United States of America, commencing on August 6, 1997, and
continuing throughout the balance of the term.
The second sentence of Section 5, subsection (b) shall be deleted and
replaced with the following:
Effective August 6, 1997, "Tenant's Percentage Share" of Operating Expenses
and Real Property Taxes as defined in the Lease shall be 15.45%, calculated by
dividing the approximate number of square feet contained within the Premises by
the approximate number of rentable square feet contained within the Industrial
Center as leased by Sublessor.
3. BROKER'S FEES:
Sublessee shall at its sole cost and expense pay broker's, finder's or
other similar fees or commissions required in connection with this First
Amendment to Sublease Agreement to Colliers Xxxxxxx International, Inc. and
Xxxxx and Xxxxx Commercial Real Estate Services, and Sublessee knows of no other
broker's, finder's or other similar fees or commissions required
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in connection with this Agreement, and shall indemnify, defend, protect and hold
Sublessor harmless from all damages, liabilities, claims, costs and expenses in
any way related thereto.
4. COUNTERPARTS:
This Agreement may be signed in counterparts, each of which shall be an
original, and all of which constitute one and the same agreement.
Except as herein amended, the Sublease is hereby ratified and confirmed and
all other terms of the Sublease shall remain in full force and effect, unaltered
and unchanged by this subsequent agreement.
Sublessee: Sublessor:
Vicinity Corporation Attachmate Corporation
a California corporation a Washington corporation
By:______________________ By:_______________________
Its:_____________________ Its:______________________
Date:____________________ Date:_____________________
The undersigned Lessor hereby consents to the foregoing First Sublease Amendment
Agreement on the express condition that the Sublessor shall remain liable for
the prompt payment of the rent and performance of the terms, conditions and
covenants of the Lease between Lessor and Sublessor as Lessee and that no
further subletting of the Premises thereby demised, or any part thereof shall be
made without the written consent of the undersigned.
LESSOR:
Lincoln-Whitehall Pacific, LLC, a Delaware limited liability company.
By: Lincoln Property Company, Management Services, Inc., As Manager and Agent
for Landlord
By:________________________
Its:_______________________
Date:______________________
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