FIFTH AMENDMENT (1741 TECHNOLOGY – CONCOURSE V)
Exhibit 10.52
FIFTH AMENDMENT
(1741 TECHNOLOGY – CONCOURSE V)
THIS FIFTH AMENDMENT (this "Amendment") is made and entered into as of July 28, 2022 by and between XXXXXX CONCOURSE, LLC, a Delaware limited liability company ("Landlord") and NUTANIX, INC., a Delaware corporation ("Tenant").
RECITALS
NOW, THEREFORE, in consideration of the above recitals which by this reference are incorporated herein, the mutual covenants and conditions contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Xxxxxx agree as follows:
1.3 Contingency. This Amendment is contingent upon Xxxxxxxx's execution of a new lease for the Reduction Space with a third party upon terms and conditions acceptable to Landlord in its sole discretion. In the event Landlord has not executed a new lease for the Reduction Space within ninety (90) days after the date of full execution and delivery of this Amendment, this Amendment shall be void and of no further force and effect.
2.1. This Amendment sets forth the entire agreement between the parties with respect to the matters set forth herein. There have been no additional oral or written representations or agreements.
2.2. Except as herein modified or amended, the provisions, conditions and terms of the Lease shall remain unchanged and in full force and effect.
2.3. In the case of any inconsistency between the provisions of the Lease and this Amendment, the provisions of this Amendment shall govern and control.
2.4. Submission of this Amendment by Xxxxxxxx is not an offer to enter into this Amendment but rather is a solicitation for such an offer by Xxxxxx. Landlord shall not be bound by this Amendment until Xxxxxxxx has executed and delivered it to Tenant.
2.5 This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. The signature of a party transmitted electronically (e.g., e-signature) or by facsimile, email of a pdf copy, DocuSign or other similar technology application shall constitute and have the same force and effect as the original signature of the party. Following execution, a pdf (or similar image file format) of this entire agreement (whether signed electronically or in ink) shall be deemed the equivalent of the delivery of the original, and any party delivering such a counterpart shall in all events deliver to the other party an original signature promptly upon request
2.6. Capitalized terms used but not defined in this Amendment shall have the meanings given in the Lease.
[SIGNATURES ARE ON FOLLOWING PAGE]
IN WITNESS WHEREOF, this Amendment has been executed as of the day and year first above written.
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LANDLORD: |
XXXXXX CONCOURSE, LLC, By: Xxxxxx Pacific Properties, L.P., By: Xxxxxx Pacific Properties, Inc., By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Senior Vice President, Leasing
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TENANT:
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NUTANIX, INC., a Delaware corporation By: /s/ Xxxxx Xxxxxxx Xxxx: Xxxxx Xxxxxxx Xxxxx: Chief Accounting Officer
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