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Exhibit 10.16
FIRST AMENDMENT TO LICENSE AGREEMENT
This First Amendment to License Agreement is made and entered into as of the
23rd day of June, 1994, by and between Sun Microsystems, Inc. ("Sun") and Remedy
Corporation ("Licensee").
WHEREAS, Sun and Licensee entered into that certain License Agreement dated
March 11, 1994 (the "License") for the use and occupancy of the premises located
at 0000 Xxxxxx Xxxxx, Xx. Xxxx, XX (hereinafter "the Premises"), and
WHEREAS, Sun and Licensee desire to amend the License Agreement as hereinafter
provided.
NOW THEREFORE, in consideration of the mutual promises and covenants herein
stated, the parties hereto agree as follows:
1. Paragraph 5 is hereby deleted in its entirety and replaced with the
following: Sun shall provide Licensee with an improvement allowance of up
to $100,000.00 for modifications to the construction of the Premises
required for the conduct of Licensee's business. These improvements may
include: 1) necessary changes or upgrades to the dock and loading area of
the building; 2) improvements to any form of wiring within any wall; 3)
carpet and paint; 4) non-bearing wall movement; and 5) and other interior
modifications required for the conduct of Licensee's business. Any
improvements or modifications made, which are reimbursable by Sun, must be
completed by February 28, 1995, or within six (6) months from the date that
Sun vacates the Premises, whichever is later; and request for reimbursement
thereof from Licensee must be made on, or before, March 31, 1995. Payment
shall be made within thirty (30) days after receipt by Sun of an invoice
for actual costs incurred in making such modifications and proof of payment
by Licensee to contractors. No modifications, improvements or alterations
may be made or commenced until Licensee has submitted to Sun a set of
construction documents. Licensee understands that no modifications,
improvements or alterations may be made to the Premises without the consent
of the Lessor, and that Sun must submit all plans and specifications for
such modifications, improvements or alterations to Lessor. Sun will use
reasonable efforts to obtain Lessor's consent. Should Lessor request
removal of any of Licensee's alterations or improvements upon the
expiration of the License Term, such restoration shall be done at
Licensee's sole cost and expense prior to the License expiration date of
June 30, 1996.
Except as set forth in this First Amendment to License Agreement, all of the
terms and provisions of the License Agreement shall apply and shall remain
unmodified and in full force and effect.
IN WITNESS WHEREOF, this First Amendment to License has been executed as of the
day and year first above written.
SUN MICROSYSTEMS, INC. REMEDY CORPORATION
By: /s/ Agent of Sun Microsystems By: /s/ Xxxxxxxx X. Xxxxxxx
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Its: Its:
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Date: 6/23/94 Date: 6/15/94
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