THIRD AMENDMENT
Exhibit 10.10
THIRD AMENDMENT
THIS THIRD AMENDMENT (the “Amendment”) is made and entered into as of the 3 day of June, 2015 (“Effective Date”), by and between ATRIUM AT 3800 GOLF LLC, a Delaware limited liability company (“Landlord”), and CAMBIUM NETWORKS, INC., a Delaware corporation (“Tenant”).
RECITALS
A. Landlord and Tenant are parties to that certain lease dated January 30, 2012, which has been previously amended by that certain First Amendment dated March 6, 2012 (“First Amendment”) and that certain Second Amendment dated February 21, 2013 (“Second Amendment”) (collectively, the “Lease”). Pursuant to the Lease, Landlord has leased to Tenant space containing approximately 34,198 rentable square feet (the “Premises”) described as Suite Nos. 155 and 360 on the first and third floors of the building commonly known as Atrium Corporate Center located at 0000 Xxxx Xxxx, Xxxxxxx Xxxxxxx, Xxxxxxxx 00000 (the “Building”).
B. Tenant desires to replace and add to Tenant’s Roof Equipment located in the Roof Equipment Area set forth on Exhibit A-1 attached to the Lease, as amended by both the First Amendment and the Second Amendment, and the parties desire to amend the Lease on the following terms and conditions.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows:
1. Roof Equipment. Effective as of the Effective Date, the first sentence of Section 5.5.1(a) of the Lease is hereby deleted and replaced with the following:
“Provided an Event of Default has not occurred and further provided that Landlord’s structural engineer has reviewed and approved the installation of the Roof Equipment, at Tenant’s sole cost and expense, Tenant shall have the right, at any time during the Lease Term, to install, construct, operate, and maintain Tenant’s Roof Equipment (as hereinafter defined) on the roof of the Building free of charge during the Term and any subsequent Renewal Terms and in accordance with the terms and conditions set forth in this Section 5.5.1. As used herein, the term “Roof Equipment” shall mean not more than one (1) mounting pole, together with up to twelve (12) antennae or other related telecommunication equipment installed on such mounting pole, plus any reasonable equipment, cabling and wiring necessary to operate such antennae or other telecommunication equipment. The Roof Equipment, in each instance, shall be in a size approved by Landlord, which approval shall be in Landlord’s sole and absolute discretion.”
2. Miscellaneous.
(a) 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. Under no circumstances shall Tenant be entitled to any Rent abatement, improvement allowance, leasehold improvements, or other work to the Premises, or any similar economic incentives that may have been provided Tenant in connection with entering into the Lease, unless specifically set forth in this Amendment.
(b) Except as herein modified or amended, the provisions, conditions and terms of the Lease shall remain unchanged and in full force and effect.
NGEDOCS:017095,0519:2053666,1
SSC ATRIUM / 13
Cambium Networks (2’d Amend) EWM
02/04/2013
1
[5.7.4] [Atrium at 3800 Golf LLC.Cambium (Inc).Lease Amendment No 3.2015.06.03.pdf] [Page 1 of 2]
(c) In the case of any inconsistency between the provisions of the Lease and this Amendment, the provisions of this Amendment shall govern and control.
(d) Submission of this Amendment by Landlord is not an offer to enter into this Amendment but rather is a solicitation for such an offer by Tenant. Landlord shall not be bound by this Amendment until Landlord has executed and delivered the same to Tenant.
(e) The capitalized terms used in this Amendment shall have the same definitions as set forth in the Lease to the extent that such capitalized terms are defined therein and not redefined in this Amendment.
(f) Neither Landlord nor Tenant has dealt with any broker or agent in connection with the negotiation or execution of this Amendment. Tenant and Landlord shall each indemnify the other against all costs, expenses, attorneys’ fees, liens and other liability for commissions or other compensation claimed by any broker or agent claiming the same by, through, or under the indemnifying party.
(g) Each signatory of this Amendment represents hereby that he or she has the authority to execute and deliver the same on behalf of the party hereto for which such signatory is acting.
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Amendment as of the day and year first above written.
| LANDLORD: | TENANT: | |
| ATRIUM AT 3800 GOLF LLC, a Delaware limited liability company | CAMBIUM NETWORKS, INC, a Delaware corporation | |
| By: /s/ Xxxx X. Xxxxxx | By: /s/ Xxxxx Xxx | |
| Name: Xxxx X Xxxxxx | Name: Xxxxx Xxx | |
| Title: President | Title: General Counsel | |
NGEDOCS:017095,0519:2053666,1
SSC ATRIUM / 13
Cambium Networks (2’d Amend) EWM
02/04/2013
2
[5.7.4] [Atrium at 3800 Golf LLC.Cambium (Inc).Lease Amendment No 3.2015.06.03.pdf] [Page 2 of 2]
