EXHIBIT 10.25
THIRD AMENDMENT TO
AGREEMENT OF LEASE
THIS THIRD AMENDMENT TO AGREEMENT OF LEASE (this "Third Amendment") is
dated as of February 1, 2002, by and between CROSSROADS DEVELOPERS ASSOCIATES,
LLC, a New Jersey limited liability company having an office at 000 Xxxxxx
Xxxxxxxx, Xxxxx 000, Xxxxx Xxxxx, Xxx Xxxxxx 00000 (hereinafter called
"Landlord"), and NOVADIGM, INC., a Delaware corporation having an office at Xxx
Xxxxxxxxxxxxx Xxxxxxxxx, Xxxxxx, Xxx Xxxxxx 00000 (hereinafter called "Tenant").
Statement of Facts
Pursuant to an Agreement of lease dated as of March 14,
1997, as amended by that First Amendment to Agreement of Lease
dated as of June 30, 2001, and by that Second Amendment to
Agreement to Lease dated as of July 1, 2001, Landlord leased to
Tenant, and Tenant hired, portions of the second (2nd) floor
(mezzanine) (comprising approximately 19,869 square feet), third
(3rd) floor (comprising approximately 10,398 square feet), fifth
(5th) floor (compromising approximately 34,349 square feet) and
certain space in the basement of the Building located at Xxx
Xxxxxxxxxxxxx Xxxxxxxxx, Xxxxxx, Xxx Xxxxxx (such lease, as
amended, shall hereinafter be collectively referred to as the
"Lease").
Landlord now desires to lease to Tenant, and Tenant desires to hire
from Landlord, certain additional space located on the third (3rd) floor
(comprising approximately 2,792 square feet) of the Building more
particularly described on Exhibit A annexed hereto and made a part hereof
(the "3rd Floor Additional Space"), and Landlord and Tenant desire to
otherwise amend the Lease upon, and subject to, the terms, covenants and
conditions herein contained.
All capitalized terms used herein and not otherwise defined herein
shall have the meaning ascribed to them in the Lease.
NOW, THEREFORE, in consideration of Ten ($10.00) Dollars in hand paid and
for other good and valuable consideration, the mutual receipt and legal
sufficiency of which are hereby acknowledged, the parties hereby agree as
follows:
1. Effective as of February 1, 2002 (hereinafter called the "3rd Floor
Additional Space Effective Date"), Landlord is leasing to Tenant, and Tenant is
hiring from Landlord, the 3rd Floor Additional Space, upon, and subject to, all
of the same terms, covenants and conditions set forth in the Lease, except
that, as of the 3rd Floor Additional Space Effective Date;
(a) the 3rd Floor Additional Space shall be deemed added to and a
part of the Premises for all purposes of the Lease so that (i) the term
"Premises" shall be deemed to include the 3rd Floor Additional Space; and
(ii) the Termination Date of June 30, 2006
shall also apply to the 3rd Floor Additional Space;
(b) the Basic Annual Rent for the Premises shall be increased by
$58,632.00 per annum ($4,886.00 per month) to $1,415,568.00 per annum
($117,964.00 per month); and
(c) Tenant's Percentage Share shall be increased to 18.418%.
2. Tenant acknowledges and agrees that Landlord has made no
representations to Tenant with respect to the condition of the 3rd Floor
Additional Space, that Tenant has taken the 3rd Floor Additional Space in its
"as is" condition existing on the 3rd Floor Additional Space Effective Date and
that Landlord shall have no obligation to perform any work in order to prepare
the 3rd Floor Additional Space for Tenant's occupancy.
3. Tenant covenants, warrants and represents that there were no brokers
or finders instrumental in consummating this Third Amendment other than The
Garibaldi Group ("BROKER"), and that no conversations or negotiations were had
with any other brokers or finders concerning this Third Amendment and the
extension and modification of the Lease. Tenant shall indemnify, defeat and hold
Landlord harmless from and against any and all claims for brokerage commissions,
consultation fees or other compensation arising out of or resulting from any
conversations or negotiations had be Tenant with any brokers or finders, other
than Broker.
4. Except as and to the extent modified hereby, the Lease shall remain in
full force and effect and binding upon the parties in accordance with its terms.
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the
date and year first above written.
CROSSROADS DEVELOPERS ASSOCIATION, LLC
By: ______________________________________
Name:
Title:
NOVADIGM, INC.
BY: /s/ XXXXXX X. XXXXXX
----------------------------------------
Name: Xxxxxx X. Xxxxxx
Title: Vice President - Product Services
1/31/02
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EXHIBIT A
[FLOOR PLAN]
2792 RSF
0XX XX
XXXXXXXXXX XXXX. XXXXXX
XXXXXX, XX
