SIXTH AMENDMENT TO LEASE
SIXTH
AMENDMENT TO LEASE
This
Sixth Amendment to Lease (“Sixth Amendment”) is made this 16th day
of April, 2010 by and between Sobrato Development #871, a California Limited
Partnership, having an address at 00000 X. Xx Xxxx Xxxx., Xxxxx 000, Xxxxxxxxx,
Xxxxxxxxxx 00000 (“Landlord”) and Supertex Inc., a California corporation (as
successor in interest to Paradigm Technology and Orbit Semiconductor), whose
address is 00 Xxxxx Xxxxxxx, Xxx Xxxx, Xxxxxxxxxx, 00000 (“Tenant”), with all
capitalized terms not otherwise defined in this Sixth Amendment having the
definitions given to them in the Lease;
WITNESSETH
WHEREAS
Landlord and Tenant entered into a lease dated December 7, 1988, lease
amendments dated May 4, 1987, June 18, 1990, December 21,1995, February 1,
1999 and January 23, 2004, and lease assignment dated November 15,
1996 and February 1, 1999 (collectively the “Lease”) for the premises located at
00 Xxxxx Xxxxxxx xx Xxx Xxxx, Xxxxxxxxxx (“Premises”); and
WHEREAS
effective the date of this Sixth Amendment, Landlord and Tenant wish to modify
the Lease to: (i) extend the term of the Lease; (ii) specify the Base
Monthly Rent due during the extended Lease Term; and (iii) eliminate Tenant’s
obligation to pay for earthquake insurance;
NOW,
THEREFORE, in
order to effect the intent of the parties as set forth above and for good and
valuable consideration exchanged between the parties, the Lease is amended as
follows:
|
1.
|
The
Lease Expiration Date is changed from April 30, 2011 to April 30,
2016.
|
|
2.
|
The
Base Monthly Rent during the period from May 1, 2011 through April 30,
2016 shall be due according to the following
schedule:
|
|
05/01/11
through 04/30/12:
|
$47,584
per month
|
|
05/01/12
through 04/30/13:
|
$48,820
per month
|
|
05/01/13
through 04/30/14:
|
$50,285
per month
|
|
05/01/14
through 04/30/15:
|
$51,794
per month
|
|
05/01/15
through 04/30/16:
|
$53,348
per month
|
|
3.
|
The
fourth paragraph of Section 12 of the Lease shall be deleted in its
entirety, and Tenant shall no longer be required to incur any costs
associated with earthquake
insurance.
|
|
4.
|
Except
as hereby amended, the Lease and all of the terms, covenants and
conditions thereof shall remain unmodified and in full force and
effect. In the event of conflict or inconsistency between the
terms and provisions of this Sixth Amendment and the terms and provisions
of the Lease, the terms and provisions of this Sixed Amendment shall
prevail.
|
IN WITNESS
WHEREOF, the
parties hereto have set their hands to this Sixth Amendment as of the day and
date first above written.
| Landlord | Tenant | |||
| Sobrato Development Companies #871, | Supertex, Inc., | |||
| a California Limited Partnership | a California Corporation | |||
| By: | /s/ XXXX XXXXXXX XXXXXXX | By: | /s/ XXXXX X. XXX | |
| Name: | Xxxx Xxxxxxx Xxxxxxx | Name: | Xxxxx X. Xxx, Ph.D. | |
| Its: | General Partner | Its: | President & CEO | |
