EXHIBIT 10.3
LANDLORD'S CONSENT TO SUBLEASE
THIS CONSENT ("Consent") is given by Symantec Corporation, ("Landlord")
to that certain Sublease dated October 1, 1999, (the "Sublease") by and between
XXXXXXXXXXXX.XXX, a California corporation ("Sublandlord") and BE HERE
CORPORATION, a California corporation ("Subtenant"), subject to the following
terms and conditions:
1. All capitalized terms not otherwise defined herein shall have
the meaning ascribed to them in the Sublease.
2. Landlord is not a party to the Sublease and has no obligations
or duties to Subtenant or Sublandlord under the Sublease and any provisions
therein purporting to obligate and/or bind Landlord or limit Landlord's rights
under the Master Lease in any way are deemed null and void. Notwithstanding any
provision to the contrary in the Sublease, Subtenant shall have no greater
rights than Sublandlord has as Tenant under the Master Lease.
3. This Consent shall only apply to this Sublease and shall not
be deemed to be a consent to any other or further sublease or a waiver of any of
the provisions of the Master Lease.
4. By consenting to the Sublease, Landlord waives none of its
rights against the Sublandlord as Tenant under the Master Lease. The Sublease is
and shall remain at all times subject to and subordinate in all respects to the
Lease.
5. This Consent shall not modify or amend or be deemed to modify
or amend the Lease in any way, or to impose on Landlord any obligation to
provide notice to, or obtain consent from, Subtenant with respect to amendments,
defaults, waivers or any other matters pertaining to the Master Lease or to the
Premises covered by the Master Lease. Any waiver by Landlord of its rights shall
be made only in writing and signed by Landlord.
6. Upon the expiration or earlier termination of the Master
Lease, the Sublease shall automatically and without notice or demand, terminate
and Subtenant agrees promptly to surrender the Sublease Premises to Landlord
upon such termination without compensation from Landlord.
7. This Consent shall not be effective until receipt by Landlord
of a counterpart or counterparts of this Consent duly executed by Sublandlord
and Subtenant, each acknowledging its agreement to the terms and conditions
specified in this Consent.
LANDLORD:
SYMANTEC CORPORATION
a Delaware corporation
By: /s/ Xxxx X. Xxxxx, Xx.
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Xxxx X. Xxxxx, Xx.
Vice President, Worldwide
Logistics & Facilities
Date: Oct 28, 1999
EACH OF THE UNDERSIGNED HEREBY ACKNOWLEDGE THAT IT HAS READ AND UNDERSTANDS THE
TERMS AND CONDITIONS SPECIFIED IN THE FOREGOING CONSENT AND AGREES TO ALL SUCH
TERMS AND CONDITIONS.
SUBLANDLORD: SUBTENANT:
XXXXXXXXXXXX.XXX BE HERE CORPORATION
a California corporation a California corporation
By: /s/ [Illegible] By: /S/ Xxxx X.X. Xxxxxx
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Name: Name: Xxxx X.X. Xxxxxx
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Title: President Title: VP, Engineering
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Date: Date: October 21, 1999
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