EXHIBIT 10.44
AMENDMENT OF LEASE EXTENSION
CB Xxxxxxx Xxxxx Limited
#000 - 0000 Xxxx Xxxxxxx Xxxxxx
Xxxxxxxxx, XX X0X 0X0
Attention: Ms. Xxxx Xxxxxx and Xx. Xxxxx Xxxxx
Re: Lease between Pivotal Corporation (the "Tenant") and Dunsmuir and Hornby
Ltd. (the "Landlord") for the 4th and 6th floor premises of the building
located at 000 Xxxxxxxx, Xxxxxxxxx, XX (the "Building") dated August 18,
2000.
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By a Lease Extension dated the 30th day of October 2001, the Tenant exercised
their Option to extend the lease of the 4th and 6th floor premises for a period
of five (5) months commencing May 1, 2002 and expiring September 30, 2002 on the
same terms and conditions as the 6th floor premises less the leasing commission.
The Tenant also exercised their Right of First Refusal of the 7th floor lease
commencing May 1, 2002 and expiring September 30, 2002 at Market Rental Rates.
And Whereas the Tenant wishes to amend the Lease Extension.
Now Therefore this Lease Extension Amendment witnesses that in consideration of
the mutual covenants hereafter contained, the parties hereto covenant and agree
with each other that the said Lease Extension is hereby amended as follows:
1) The expiry date of the 4th & 6th floor premises shall be October 31,
2002,
2) The expiry date of the 7th floor premises shall be October 31, 2002
and the Basic Rental Rate shall be $12.00 per square foot per annum
commencing May 1, 2002
A party hereto may signify its agreement to the terms hereof by facsimile
transmission. A telecopy facsimile of this agreement received by a party hereto
which shows the signature(s) of the authorized signatory(ies) of the other party
will be good proof of execution by that other party.
DATED at Vancouver this 11th day of April, 2002.
DUNSMUIR & HORNBY LTD.
Per: [ILLEGIBLE SIGNATURE] [ILLEGIBLE SIGNATURE]
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(Authorized Signatory) (Witness)
ACCEPTED at North Vancouver, B.C. this 29th day of April, 2002.
PIVOTAL CORPORATION
Per: [ILLEGIBLE SIGNATURE] [ILLEGIBLE SIGNATURE]
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(Authorized Signatory) (Witness)
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