EXHIBIT 10.42
LEASE AMENDMENT
This document amends that certain Lease Agreement dated November 14,
1996 (the "LEASE"), as amended November 24, 1997, March 27, 1998, June 4, 1998,
July 21, 1998, November 20, 1998, March 18, 1999, June 3, 1999, and October 7,
1999 is made and entered into by and between DALTEX CENTRE LP, a Delaware
limited partnership (the "LANDLORD"), successor in interest to Blue Lake
Partners, Ltd., AND NETWORK ASSOCIATES, INC., A DELAWARE CORPORATION, SUCCESSOR
IN INTEREST TO MCAFEE SOFTWARE, INC., A DELAWARE CORPORATION (Tenant), with
respect to certain leased premises (the "PREMISE") consisting of approximately
112,130 square feet of Rentable Area located at 0000 XxXxxx, Xxxxxx 000, 500,
620, 660, 700, 800, 850, and 4101 XxXxxx, Suites 100, 270, 300, 700, and 800
Xxxxxx, Xxxxx 00000 (the "BUILDING"). (All capitalized terms used herein shall
have the same meaning as in the Lease, unless otherwise specified.)
RECITALS
Tenant is leasing approximately 112,130 square feet of Rentable Area of
the Building under the Lease, with a scheduled expiration date of February 17,
2003. Tenant desires to expand the Premises by adding Suite 550 containing 4,607
rsf, Xxxxx 000 containing 4,118 rsf, Xxxxx 000 containing 2,357 rsf, and Suite
510 containing 1,176 rentable square feet (see Exhibit A), subject to the terms
and provisions set forth hereinafter. The Premises will now total 124,388
rentable square feet.
AGREEMENTS
For good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Landlord and Tenant agree as follows:
1. BASIC LEASE PROVISION NO. 2 "PREMISES". Effective July 1, 2000,
Tenant shall lease Suites 550, 545, 506, and 510 (consisting of 12,258 rentable
square feet) in the 4101 XxXxxx Building within The Centre office complex while
maintaining all its then current space at 4099 and 4101 XxXxxx. Tenants amended
square footage will total 124,388 rentable square feet for both Buildings.
Tenant shall have early access rights for construction and occupancy after May
1, 2000 upon execution of this Amendment.
2. BASIC LEASE PROVISION NO. 9 "EXPIRATION DATE". The Lease Term for the
124,388 rentable square feet area shall remain unchanged with an expiration date
of February 17, 2003.
3. BASIC LEASE PROVISION NO. 3 "BASIC RENT". Effective June 1, 2000, the
monthly Rental Payment shall adjust as follows:
S.F. DATES: MONTHLY BASE RENT
------- ------ -----------------
124,388 June 1, 2000 thru January 31, 2002 $193,430.00
February 1, 2002 thru February 17, 2003 $198,058.00
4. BASIC LEASE PROVISIONS NO. 4 "TENANT'S PRO RATE SHARE $". Effective
February 1, 2000, Tenant's proportionate share of the 4099 XxXxxx Building shall
be unchanged at 46.16% for all purposes under this Lease. Tenant's proportionate
share of the 4101 XxXxxx Building shall be amended to 54.09% for all purposes
under this Lease. Notwithstanding, "Tenant's Pro Rata Share", at the option of
Tenant, shall be amended subsequently pursuant to the Reduction Options set
forth in the prior amendment.
5. BASIC LEASE PROVISION NO. 5 & 6 "OPERATING EXPENSE STOP". Effective
June 1, 2000, Expense Stop for the expansion space on the 5th floor of 4101
XxXxxx shall be set at an amount equal to the sum of the actual grossed up
operating expenses for 2000, expressed as a function of 124,326 rentable square
feet for the 4101 XxXxxx Building.
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6. BASIC LEASE PROVISION NO. 11 "TENANT'S BROKER". Tenant represents and
warrants that it has dealt with no Broker or Agent in connection with the
execution of this Lease Amendment and Tenant agrees to indemnify and hold
harmless Landlord against all liabilities and costs arising from a breach of
such warranty including without limitation attorney's fees in connection
therewith.
8. RIGHT OF FIRST REFUSAL: Notwithstanding herein to the contrary, Tenant
shall, subject to prior rights within the 4101 XxXxxx Building, have a Right of
First Refusal to lease any remaining space in the 4101 XxXxxx Building during
the term of this Lease. Tenant shall respond in writing to Landlord within five
(5) business days after receipt of Landlord's written notice of any prospective
lease in the 4101 XxXxxx building. Absent of any response from Tenant or if
Tenant decides not to exercise such rights, Landlord shall be free to lease
such space to any other party.
9. EXHIBIT "D". EXHIBIT D. Work Letter Plans Agreed Upon/Finish Allowance,
paragraph 2.1, shall be amended such that Landlord shall provide an allowance
up to $53,077.00 for Suites 550, 545, 506, and 510 at 4101 XxXxxx (The "Finish
Allowance").
10. FORCE AND BINDING EFFECT; GOVERNING LAW: Except as modified hereby and by
the Amendments to Lease Agreement, all other terms and conditions of the Lease
shall remain in full force and effect and this Amendment shall continue to be
binding upon Landlord and Tenant and their respective successors and assigns.
The Lease and this Amendment shall be governed by
Texas law.
11. RENEWAL OPTION. This expansion space (4101 XxXxxx, Suites 550, 545, 506,
and 510) shall be subject to the same renewal option as the existing premises.
Executed on this 25 day of March 2000.
LANDLORD: DALTEX CENTRE LP, a Delaware limited partnership,
successor in interest to Blue Lake Partners, Ltd.
By: DALTEX CENTRE GP, Inc.
By: /s/ XXX XXXXXX
--------------------------------
Name: Xxx Xxxxxx
Title: Vice President
By: /s/ XXXX XXXXXXXX XXXXXXXX
--------------------------------
Name: Xxxx Xxxxxxxx Xxxxxxxx
Title: Vice President
TENANT: NETWORK ASSOCIATES, INC.
(A DELAWARE CORPORATION)
By: /s/ XXXXXXX X. XXXXX
--------------------------------
Name: Xxxxxxx X. Xxxxx
Title: CFO
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EXHIBIT "A"
(SEE ATTACHED FLOOR PLANS)
[GRAPHIC]
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