FIRST AMENDMENT TO LEASE between MOFFETT PARK DRIVE LLC, a California limited liability company as Lessor and ARIBA, INC., a Delaware corporation as Lessee January 12, 2001
Exhibit 10.7
FIRST AMENDMENT TO LEASE
between
XXXXXXX PARK DRIVE LLC,
a California limited liability company
as
Lessor
and
ARIBA, INC.,
a Delaware corporation
as
Lessee
January 12, 2001
This First Amendment to Lease is made and entered into and is dated for reference purposes as of the date set forth above as a first amendment to that certain written Triple Net Multiple Building Lease (“Lease”) between Xxxxxxx Park Drive LLC, a California limited liability company (“Lessor”) and Ariba, Inc. a Delaware corporation (“Lessee”), dated March 15, 2000 and concerning that real property situated in the City of Sunnyvale, County of Santa Xxxxx, State of California and commonly known as 000 Xxxxxxxx Xxxxxx Xxx, Xxxxxxxxx, Xxxxxxxxxx, on which is being constructed four free standing, four story office and research and development buildings and one ancillary building and is as follows:
RECITALS
1. Section 2.03(g) of the Lease sets forth certain requirements with respect to the form of a standby letter of credit to be provided by Lessee to secure, among other things, full and timely payments of amounts due under the construction contract for Tenant Improvements (“Tenant Improvement Letter of Credit”).
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2. Section 4.06 of the Lease sets forth certain requirements with respect to the form of a standby letter of credit to be provided by Lessee to serve as a Security Deposit (“Security Deposit Letter of Credit”).
3. The parties wish to utilize, for both of the above-described Letters of Credit, a form different from that described in the aforesaid Lease Sections.
AGREEMENT
1. Recitals. The aforesaid recitals are true and correct.
2. Amendment of Section 2.03(g). Section 2.03(g) is hereby amended to provide that the form of letter of credit attached hereto may be provided by Lessee in lieu of the form of letter of credit originally described in said Section.
3. Amendment of Section 4.06. Section 4.06 is hereby amended to provide that the form of letter of credit attached hereto may be provided by Lessee in lieu of the form of letter of credit originally described in said Section.
4. Tenant Improvement Letter of Credit The form of letter of credit attached hereto as Exhibit A shall be deemed to satisfy the requirements of Section 2.03(g) as to the form of the Tenant Improvement Letter of Credit required thereunder to be provided by Lessee.
5. Security Deposit Letter of Credit. The form of letter of credit attached hereto as Exhibit B shall be deemed to satisfy the requirements of Section 4.06 as to the form of the Security Deposit Letter of Credit required thereunder to be provided by Lessee.
Except as hereby amended, and as so amended, the Lease is hereby confirmed and ratified as being in full force and effect.
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Executed as of the date first set forth above at San Jose, California.
LESSOR: | LESSEE: | |||||||
XXXXXX PARK DRIVE LLC, | ARIBA, INC., | |||||||
a California limited liability company | a Delaware corporation | |||||||
By: | GATEWAY LAND COMPANY, INC., | |||||||
a California corporation, | ||||||||
Managing Member | ||||||||
By: | /s/ Xxx Xxxx |
By: | /s/ Xxxxxxx Xxxx | |||||
Xxx Xxxx, President |
| |||||||
Its: | Corporate Controller |
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