SEVENTH AMENDMENT TO LEASE
THIS SEVENTH AMENDMENT TO LEASE is made as of April 2, 1998 between PETULA
ASSOCIATES, LTD., an Iowa corporation and EQUITY FC, LTD., an Iowa corporation
(collectively, "Lessor"), and SEQUENT COMPUTER SYSTEMS, INC., an
Oregon corporation ("Lessee").
RECITALS
A. Lessor and Lessee are parties to that certain Lease Agreement dated May
8, 1987 (the "Lease Agreement") and the following documents (the
"Amendments"), which amend such Lease Agreement (the Lease Agreement and all
such Amendments are herein collectively referred to as the "Lease"):
1. Letter dated January 12, 1988;
2. Addendum to Triple Net Lease of 1987 (an undated copy of which is
attached as Exhibit A to the Sixth Amendment referenced below)
(referred to in the Fifth Amendment referenced below as an amended
memorandum of lease);
3. First Amendment dated July 28, 1988;
4. Second Amendment dated September 13, 1991;
5. Third Amendment dated December 2, 1992;
6. Fourth Amendment dated April 5, 1993;
7. Fifth Amendment dated September 30, 1997; and
8. Sixth Amendment dated March 26, 1998.
B. Capitalized terms not defined in this Amendment have the meanings set
forth in the Lease.
X. Xxxxxx and Lessee desire to amend the Lease as set forth herein.
AGREEMENT
1. LEASE REVISIONS.
1.1 Section 1.8 of the Sixth Amendment to Lease provides that Lessor and
Lessee agree that all amounts referenced in the Addendum to Triple Net Lease
(the "Addendum") attached as Exhibit A to the Sixth Amendment have been paid
in full. Lessor and Lessee now wish to acknowledge that as of the date of
this Amendment they have been unable to determine whether one of the
installments referenced in the Addendum in the amount of $88,741.44 was paid.
Lessor and Lessee reserve all rights and defenses they may have with respect
to the payment of such amount. Nothing in this Amendment shall be construed
as an acknowledgment by Lessee that any amounts remain due and owing or
construed as extending the statute of limitations with respect to such
payment.
2. STATUS OF LEASE. Except as expressly amended hereby, the Lease remains
in full force and effect and is hereby ratified and affirmed.
3. COUNTERPARTS. This Amendment may be executed simultaneously or in
counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same Amendment.
4. FACSIMILE TRANSMISSION. Facsimile transmission of any signed original
document, and retransmission of any signed facsimile transmission,
shall be the same as delivery of an original. At the request of either
party, the parties shall confirm facsimile transmitted signatures by
signing an original document.
IN WITNESS WHEREOF, this Eighth Amendment to Lease has been executed as of
the date set forth above.
LESSOR: PETULA ASSOCIATES, LTD., an Iowa corporation
By: /s/ XXXXXXX X. XXXXX
Name: XXXXXXX X. XXXXX
Title: VICE PRESIDENT
By: /s/ XXXXXXX X. XXXXXX
Name: XXXXXXX X. XXXXXX
Title: VICE PRESIDENT
EQUITY FC, LTD., an Iowa corporation
By: /s/ X.X. XXXXXXXXX
Name: X.X. XXXXXXXXX
Title: COUNSEL
By: /s/ XXXXXX X. XXXXXXXX
Name: XXXXXX X. XXXXXXXX
Title: VICE PRESIDENT
LESSEE: SEQUENT COMPUTER SYSTEMS, INC., an Oregon corporation
By: /s/ XXXXXX X. XXX
Name: XXXXXX X. XXX
Title: TREASURER
