AGREEMENT TO EXERCISE OPTION TO RENEW
Exhibit 10.22
AGREEMENT TO EXERCISE OPTION TO RENEW
This Agreement to Exercise Option to Review (“Option Agreement”), effective as of April 1, 2000 is made to that Lease dated April 1, 1995 (“Lease”), between PNB Investments and Tessera Corporation (“Tenant”). On or about November 21, 1996, the Lease was assigned to Xxxxxx 1992 Living Trust (“Landlord”) .
The parties agree and confirm the following:
1. | Pursuant to paragraph 36 of the Lease, Tenant has irrevocably exercised Tenant’s option to renew the Lease for 5 years, commencing April 1, 2000 and terminating March 31, 2005 (“Option Term”). Effective April 1, 2000, the Monthly Rent due during the Option Term is $44,408.33. |
2. | In accordance with paragraph 36, the formula for determining the monthly rent due under the Option Term is set forth as follows: |
Monthly Rent Due During Option Term = Last Monthly Rent | x | First Option Index | ||
Initial Index |
From this formula, the Monthly Rent due under the Option Period is $44,408.33 and, calculated as follows:
$44,408.33 |
= |
$37,670 |
x |
178.6 | ||||
151.5 |
A copy of the most current Consumer Price Index - All Urban Consumer, dated June 5, 2000 is attached hereto and made a part hereof as Exhibit A and shows the Initial Index of 151.5 (April, 1995) and the First Option Index of 178.6 (April, 2000).
To the extent that the Monthly Rent of $44,408.33 exceeds any previous monthly rent actually paid to Landlord from April 1, 2000, Tenant shall pay the total differences in such rent to Landlord within ten days from the date hereof. Failure to pay the difference in rent within the 10-day period shall constitute a default under this Lease.
3. | Each term used herein with initial capital letters shall have the meaning ascried to such term in the Lease unless specifically otherwise defined herein. In the event of any inconsistency between this Agreement and the Lease, the terms of this Agreement prevail. Except as set forth in this Agreement, all other provisions of the Lease shall remain in full force and effect. |
IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.
LANDLORD: XXXXXX 1992 LIVING TRUST |
TENANT: TESSARA CORPORATION | |||||||
By: | /s/ Xxxx X. Xxxxxx |
By: |
| |||||
Xxxx X. Xxxxxx, Trustee |
||||||||
Date: |
JUNE 16, 2000 |
Date: |
|
Bureau of Labor Statistics Data |
Page 1 of 2 |
[GRAPHIC APPEARS HERE]
Data extracted on: June 05, 2000 (01:35 PM)
Consumer Price Index-All Urban Consumers
Series Catalog:
Series ID : CUURA422SA0
Not Seasonally Adjusted
Area : San Francisco-Oakland-San Jose, CA
Item : All items
Base Period : 0000-00-000
Data:
Year |
Jan |
Feb |
Mar |
Apr |
May |
Jun |
Jul |
Aug |
Sep |
Oct |
Nov |
Dec |
Xxx | |||||||||||||
1990 |
128.5 | 129.2 | 130.0 | 130.7 | 130.8 | 131.6 | 132.3 | 133.1 | 134.0 | 134.6 | 134.7 | 135.1 | 132.1 | |||||||||||||
1991 |
136.7 | 136.1 | 136.3 | 135.8 | 136.2 | 137.6 | 138.2 | 139.1 | 139.7 | 139.6 | 139.8 | 139.8 | 137.9 | |||||||||||||
1992 |
140.3 | 141.0 | 141.9 | 141.6 | 141.9 | 141.9 | 142.2 | 142.7 | 143.7 | 144.3 | 144.2 | 144.3 | 142.5 | |||||||||||||
1993 |
145.1 | 145.5 | 145.7 | 146.8 | 146.9 | 146.1 | 146.1 | 146.2 | 146.5 | 147.0 | 147.2 | 147.0 | 146.3 | |||||||||||||
1994 |
147.5 | 147.4 | 148.2 | 148.0 | 148.3 | 148.1 | 148.9 | 149.4 | 149.4 | 149.4 | 149.8 | 149.4 | 148.7 | |||||||||||||
1995 |
150.3 | 150.5 | 151.1 | 151.5 | 151.3 | 151.7 | 151.5 | 151.5 | 152.3 | 152.6 | 152.4 | 152.1 | 151.6 | |||||||||||||
1996 |
152.9 | 153.2 | 152.9 | 153.9 | 155.1 | 155.2 | 155.9 | 155.6 | 156.3 | 156.9 | 156.9 | 156.0 | 155.1 | |||||||||||||
1997 |
157.0 | 157.9 | 159.2 | 159.6 | 159.8 | 160.0 | 160.6 | 161.2 | 161.6 | 162.5 | 162.6 | 162.6 | 160.4 | |||||||||||||
1998 |
163.2 | 164.6 | 165.5 | 166.6 | 167.2 | 167.4 | 165.5 | |||||||||||||||||||
1999 |
169.4 | 172.2 | 171.8 | 173.5 | 175.2 | 174.5 | 172.5 | |||||||||||||||||||
2000 |
176.5 | 178.6 |
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EXHIBIT A