EXHIBIT 10.20
THIRD AMENDMENT TO SUBLEASE AGREEMENT
Reference is made to that certain Sublease Agreement, dated as of March 31,
1998 (the "Sublease") by and between the Sublandlord and Subtenant (as such
parties are identified below) for premises at the property commonly known as 000
Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx. This Third Amendment to Sublease
Agreement (this "Third Amendment") is entered into this 28th of February, 2001,
between Sublandlord and Subtenant. For valuable consideration, Sublandlord and
Subtenant agree that:
1. DEFINITIONS. In this Third Amendment the following terms have the
meanings given to them.
(a) Sublandlord: MediaOne of Delaware, Inc., a Delaware
corporation.
(b) Subtenant: Segue Software, Inc., a Delaware corporation.
(c) Sublease: Sublease Agreement, dated March 31, 1998, between
Sublandlord and Subtenant; as amended by the First Amendment
to Sublease, dated effective July 15, 1998, and the Second
Amendment to Sublease, dated June 27, 2000.
(d) Building Address: 000 Xxxxxx Xxxxxx
Xxxxxxxxx, Xxxxxxxxxxxxx.
(e) Effective Date: July 1, 2000.
Any capitalized term used in this Third Amendment but not defined in this Third
Amendment has the meaning given for such term in the Lease.
2. AMENDMENT TO SECTION 1. As of the Effective Date, the Rentable Area of
the Building was increased by the change of use of 3,800 square feet of storage
space (the "Storage Space") located in the basement of the Building from storage
space to office space. The Storage Space was NOT previously included in the
Rentable Area of the Building. Both the Master Lease and the Sublease require
that the Storage Space be included in the Rentable Area of the Building upon
such change of use. Therefore, as of the Effective Date, the subsections of
Section 1 set forth below are amended in their entirety to read as follows:
(l) RENTABLE AREA OF THE BUILDING: 106,300 square feet
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(n) SUBTENANT'S SHARE:
8/1/98 - 12/31/98 39.512%
1/1/99 - 6/30/99 51.220%
7/1/99 - 6/30/00 65.853%
7/1/00 - 10/31/07 68.955%
(determined by dividing the Rentable Area of the Subleased
Premises by the Rentable Area of the Building and rounding
to the nearest one thousandth of one percent)
****
3. CONFIRMATION OF THE RENTABLE AREA OF THE SUBLEASED PREMISES. Sublandlord
and Subtenant confirm that, as of the Effective Date, the Rentable Area of the
Subleased Premises is 73,300 square feet.
4. CONFIRMATION OF SUBLEASE. Sublandlord and Subtenant confirm and ratify
in all respects, the terms and conditions of the Sublease, as amended by this
Third Amendment.
Sublandlord and Subtenant have executed this Third Amendment on the date
first set forth above.
SUBLANDLORD: SUBTENANT:
MEDIA ONE OF DELAWARE, INC., SEGUE SOFTWARE, INC., a Delaware
a Delaware corporation corporation
By By /s/ Xxxx X. Xxxxxxx
-------------------------------- --------------------------------------
Name Name Xxxx X. Xxxxxxx
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Title Title Vice President, Human Res. & Admin.
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Approved as to legal form by counsel to Sublandlord:
Xxxxxx, Xxxxxxxxx & Xxxxx, P.C.
By
Date
STATE OF Massachusetts)
)ss.
COUNTY OF Middlesex )
The foregoing was acknowledged before me this 28th day of February___,
2001, by Xxxx X. Xxxxxxx as VP, Human Resources & Administration of Segue
Software, Inc., a Delaware corporation.
WITNESS my hand and official seal.
/s/ Xxxxx X. Xxxxxxxxx
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Notary Public
My commission expires Sept. 6, 2002
STATE OF )
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)ss.
COUNTY OF )
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The foregoing was acknowledged before me this _________ day of February___,
2001, by________________________________as__________________________________
of MediaOne of Delaware, Inc., a Delaware corporation.
WITNESS my hand and official seal.
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Notary Public
My commission expires
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