Exhibit 10.28
FIRST AMENDMENT TO LEASE
I. PARTIES AND DATE.
This First Amendment to Lease (the "Amendment") dated May 10, 2000,
is by and between THE IRVINE COMPANY ("Landlord"), and NEWGEN RESULTS
CORPORATION, a Delaware corporation ("Tenant").
II. RECITALS.
On October 22, 1999, Landlord and Tenant entered into a lease ("Lease")
for space in a building located at 0000 Xxxxxxx Xxxx Xxxxx, Xxxxx 000, Xxx
Xxxxx, Xxxxxxxxxx ("Premises").
Landlord and Tenant each desire to modify the Lease to extend the Lease
Term, adjust the Basic Rent, and make such other modifications as are set forth
in "III. MODIFICATIONS" next below.
III. MODIFICATIONS.
A. BASIC LEASE PROVISIONS. The Basic Lease Provisions are hereby
amended as follows:
1. Item 5 is hereby deleted in its entirety and substituted
therefor shall be the following:
"5. Lease Term: The Term of this Lease shall expire
at midnight on April 30, 2001."
2. Item 6 is hereby amended by adding the following:
"Basic Rent: Commencing February 1, 2001, the Basic
Rent shall be Thirty Seven Thousand One Hundred
Seventy Dollars ($37,170.00) per month, based on $.90
per rentable square foot.
Basic Rent is subject to adjustment as follows:
Commencing April 1, 2001, the Basic Rent shall be
Seventy Four Thousand Three Hundred Forty Dollars
($74,340.00) per month, based on $1.80 per rentable
square foot."
B. RIGHT TO EXTEND THIS LEASE. Section 3.3 RIGHT TO EXTEND THIS LEASE
of the Lease is hereby deleted in its entirety and shall have no further force
or effect.
C. ACCEPTANCE OF PREMISES. Tenant acknowledges that the lease of the
Premises pursuant to this Amendment shall be in an "as-is" basis without further
obligation on Landlord's part as to improvements whatsoever.
IV. GENERAL.
A. EFFECT OF AMENDMENTS. The Lease shall remain in full force and
effect except to the extent that it is modified by this Amendment.
B. ENTIRE AGREEMENT. This Amendment embodies the entire understanding
between Landlord and Tenant with respect to the modifications set forth in "III.
MODIFICATIONS" above and can be changed only by a writing signed by Landlord and
Tenant.
C. COUNTERPARTS. If this Amendment is executed in counterparts, each is
hereby declared to be an original; all, however, shall constitute but one and
the same amendment. In any
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action or proceeding, any photographic, photostatic, or other copy of this
Amendment may be introduced into evidence without foundation.
D. DEFINED TERMS. All words commencing with initial capital letters in
this Amendment and defined in the Lease shall have the same meaning in this
Amendment as in the Lease, unless they are otherwise defined in this Amendment.
E. CORPORATE AND PARTNERSHIP AUTHORITY. If Tenant is a corporation or
partnership, or is comprised of either or both of them, each individual
executing this Amendment for the corporation or partnership represents that he
or she is duly authorized to execute and deliver this Amendment on behalf of the
corporation or partnership and that this Amendment is binding upon the
corporation or partnership in accordance with its terms.
F. ATTORNEYS' FEES. The provisions of the Lease respecting payment of
attorneys' fees shall also apply to this Amendment.
V. EXECUTION.
Landlord and Tenant executed this Amendment on the date as set forth in
"I. PARTIES AND DATE." above.
LANDLORD: TENANT:
THE IRVINE COMPANY NEWGEN RESULTS CORPORATION,
a Delaware corporation
By /s/ Xxxxxx X. Xxxxxxxx, Xx. By Xxx Xxxxxx
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Xxxxxx X. Xxxxxxxx, Xx., President,
Irvine Industrial Company, a division Title Senior Vice President
of The Irvine Company -----------------------------
By /s/ Xxxxx X. Xxxxxxxx By Xxx Xxxxxx
------------------------------------- --------------------------------
Xxxxx X. Xxxxxxxx,
Assistant Secretary Title CFO
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