Exhibit 10.8B
000 Xxxxxxxx Xxxx
THIRD LEASE ADDENDUM
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THIS AGREEMENT is made this 22 day of July, 1994 and shall amend that certain
Lease Agreement dated April 21, 1989 (the "Original Lease") between CB
Westborough C Limited Partnership, a Texas Limited Partnership (hereinafter
"Prior Landlord"), and Banyan Systems Incorporated, a Massachusetts corporation
(hereinafter "Tenant"), as amended by a Lease Addendum (the "First Addendum")
dated December 31, 1991 and a Second Lease Addendum (the "Second Addendum")
dated April 1, 1993 (the Original Lease, the First Addendum and the Second
Addendum are hereinafter together referred to as the "Lease"). SKW Limited
Partnership, a Delaware limited partnership is the successor to the Prior
Landlord (hereinafter the "Landlord").
WHEREAS, Tenant currently leases from Landlord approximately 62,274 net rentable
square feet of office/R&D space located at 000 Xxxxxxxx Xxxx consisting of
45,049 rentable square feet rented purusant to the Original Lease (the "Original
Premises") and 17,225 rentable square feet rented pursuant to the First Addendum
(the "Training Room Premises"), in a building that contains a total of
approximately 79,203 net rentable square feet;
WHEREAS, the Second Addendum granted to Tenant certain rights with respect to
certain space in the Building defined as the Additional Space;
WHEREAS, the Additional Space is now available for rental and Tenant has
expressed a desire to lease such space; and
WHEREAS, Tenant and Landlord agree to amend the Lease as hereinafter set forth.
NOW, THEREFORE, for good and avaluable consideration, the receipt and
sufficiency of which is hereby acknowledged, Landlord and Tenant agree as
follows:
1. Effective as of October 1, 1994 (the "Effective Date"), the Additional Space
(as defined in the Second Addendum and shown as Exhibit A attached hereto)
shall be added to the Premises. Upon the Effective Date, the lease of the
Additional Space shall be upon all of the terms and conditions of the Lease
as modified hereby except that (i) Tenant's Proportionate Share as defined
in the Lease, shall become 100% as of the commencement date of Tenant's
lease of the Additional Space, and (ii) Base Rent for the Additional Space
shall be Eighty-Eight Thousand Eight Hundred Seventy-Seven Dollars
($88,877.00) per annum payable in twelve (12) equal monthly installments of
Seven Thousand Four Hundred Six Dollars ($7,406.00) each, such Base Rent to
be payable on the first day of each and every month. The Additional Space
shall be delivered to Tenant in broom-clean condition, but otherwise shall
be delivered "AS IS".
2. The provisions of paragraph 3 of the Second Addendum shall be deleted in
their entirety and are no longer of any force and effect.
3. Notwithstanding that the commencement date of Tenant's lease of the
Additional Premises shall be the Effective Date, Tenant shall be entitled to
access to the Additional Premises on and after August 1, 1994 for all
purposes relating to construction of tenant improvements and otherwise
preparing the Additional Space for Tenant's occupancy; provided, however,
that no occupancy of the Additional Space for Tenant's business purposes
shall be permitted prior to the Effective Date. With respect to the
Additional Premises, Tenant shall conform to all requirements of the Lease
after August 1, 1994 except for the payment of Base Rent and Additional
Rent, specifically including, without limitation, the obligation to insure
such premises and conformity to all provisions regarding construction
therein.
4. All other terms and conditions of the Lease shall remain in full force and
effect, except as modified hereby or unless modified in writing by
authorized representatives of the parties.
Executed as of the date first set forth above by the authorized representative
of the parties.
TENANT LANDLORD
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BANYAN SYSTEMS INCORPORATED SKW LIMITED PARTNERSHIP
Partnership
By: /s/ Xxxxxxx X. X'Xxxxx 7/22/94 By: JER SKW Services, Inc.
-------------------- General Partner
By: Xxxxxxx X. X'Xxxxx By: /s/ Xxxx Xxxxxx
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Print Name Xxxx Xxxxxx
Title: Corporate Purchasing Manager Title: Vice President
