THIRD AMENDMENT TO LEASE
Exhibit 10.44
THIRD AMENDMENT TO LEASE
THIS THIRD AMENDMENT TO LEASE (“Third Amendment”) made and entered into this 30th day of June
1, 2011, by and between RADNOR PROPERTIES- SDC, L.P., hereinafter referred to as “Landlord” and
QLIKTECH, INC., hereinafter referred to as “Tenant”.
WHEREAS, Landlord leased certain premises consisting of 39,026 rentable square feet of space
commonly referred to as Suites 200, 220 (“Original Premises”) and E120 and E300 (“Additional
Premises”) located at 000 Xxxxxx Xxxxxxx Xxxx, Xxxxxx, Xxxxxxxxxxxx 00000 pursuant to that certain
Lease dated November 15, 2005 (“Original Lease”) as amended by First Amendment to Lease dated March
13, 2009 (“First Amendment”) and Second Amendment to Lease dated November 23, 2010, hereinafter
referred to as “Lease,” the Original Premises being more particularly described therein; and
WHEREAS, Landlord and Tenant wish to amend the Lease as follows;
NOW, THEREFORE, in consideration of these present and the agreement of each other, Landlord
and Tenant agree that the Lease shall be and the same is hereby amended as follows:
1. Incorporation of Recitals. The recitals set forth above, the Lease referred to
therein and the exhibits attached hereto are hereby incorporated herein by reference as if set
forth in full in the body of this Third Amendment. Capitalized terms not otherwise defined herein
shall have the meanings given to them in the Lease.
2. Term Extension. Notwithstanding anything in the Second Amendment to the contrary,
the Lease Term is hereby extended and shall expire ten (10) years and four (4) months following the
Last Additional Premises Commencement Date (“Expiration Date”).
3. Fixed Rent. Notwithstanding anything in the Second Amendment to the contrary,
Tenant shall pay Fixed Rent as follows:
For the Original Premises:
Time Period | ||||||||||||||||
From | To | Rent/sf | Rent/mo | Rent/yr | ||||||||||||
Last Additional
Premises
Commencement Date |
Month 2 | $ | 0.00 | ** | $ | 0 | $ | 0 | ||||||||
Month 3 |
12 | $ | 27.50 | * | $ | 39,714.58 | 476,575.00 | |||||||||
Month 13 |
24 | $ | 28.25 | * | $ | 40,797.71 | 489,572.50 | |||||||||
Month 25 |
36 | $ | 29.00 | * | $ | 41,880.83 | 502,570.00 | |||||||||
Month 37 |
48 | $ | 29.75 | * | $ | 42,963.96 | 515,567.50 | |||||||||
Month 49 |
60 | $ | 30.50 | * | $ | 44,047.08 | 528,565.00 | |||||||||
Month 61 |
72 | $ | 31.25 | * | $ | 45,130.21 | 541,562.50 | |||||||||
Month 73 |
84 | $ | 32.00 | * | $ | 46,213.33 | 554,560.00 | |||||||||
Month 85 |
96 | $ | 32.75 | * | $ | 47,296.46 | 567,557.50 | |||||||||
Month 97 |
108 | $ | 33.50 | * | $ | 48,379.58 | 580,555.00 | |||||||||
Month 109 |
Expiration Date | $ | 34.25 | * | $ | 49,462.71 | 593,552.50 |
* | plus Additional Rent and Electric | |
** | plus Electric |
For Suite E120:
Time Period | ||||||||||||||
From | To | Rent/sf | Rent/mo | Rent/yr | ||||||||||
Suite E120 Additional Premises Commencement Date |
Last Additional Premises Commencement Date | $ | 27.50 | * | $ | 10,452.29 | $ | 125,427.50 |
* | plus Additional Rent and Electric |
For Suite E300:
Time Period | ||||||||||||||
From | To | Rent/sf | Rent/mo | Rent/yr | ||||||||||
Suite E300 Additional Premises Commencement Date |
Last Additional Premises Commencement Date | $ | 27.50 | * | $ | 39,680.21 | $ | 476,162.50 |
* | plus Additional Rent and Electric |
For the Additional Premises:
Time Period | ||||||||||||||||
From | To | Rent/sf | Rent/mo | Rent/yr | ||||||||||||
Last Additional Premises Commencement Date |
Month 4 | $ | 0 | ** | $ | 0 | $ | 0 | ||||||||
Month 5 |
12 | $ | 27.50 | * | 50,132,50 | 601,590.00 | ||||||||||
Month 13 |
24 | $ | 28.25 | * | 51,499.75 | 617,997.00 | ||||||||||
Month 25 |
36 | $ | 29.00 | * | 52,867.00 | 634,404.00 | ||||||||||
Month 37 |
48 | $ | 29.75 | * | 54,234.25 | 650,811.00 | ||||||||||
Month 49 |
60 | $ | 30.50 | * | 55,601.50 | 667,218.00 | ||||||||||
Month 61 |
72 | $ | 31.25 | * | 56,968.75 | 683,625.00 | ||||||||||
Month 73 |
84 | $ | 32.00 | * | 58,336.00 | 700,032.00 | ||||||||||
Month 85 |
96 | $ | 32.75 | * | 59,703.25 | 716,439.00 | ||||||||||
Month 97 |
108 | $ | 33.50 | * | 61,070.50 | 732,846.00 | ||||||||||
Month 109 |
Expiration Date | $ | 34,25 | * | 62,437.75 | 749,253.00 |
* | plus Additional Rent and Electric | |
** | plus Electric |
4. Delay. Article 2(f) of the Second Amendment remains in full force and effect
and Landlord and Tenant shall determine delay damages after all of the Additional Premises are
delivered to Tenant in accordance with the Second Amendment.
5. Early Termination Date. Notwithstanding anything in the Second Amendment to
the contrary, the Early Termination Date shall be the last day of the 88th month
following the Last Additional Premises Commencement Date.
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6. Binding Effect. Except as expressly amended hereby, the Lease remains in full
force and effect in
accordance with its terms. Tenant specifically acknowledges and agrees that Article 18 of
the Lease concerning Confession of Judgment is and shall remain in full force and effect in
accordance with its terms.
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Third Amendment on the date
first above written.
WITNESS: |
LANDLORD: RADNOR PROPERTIES-SDC, L.P. By: Radnor GP-SDC, L.L.C., its general partner |
|||
By: | /s/ Xxxxxx Xxxxxxx | |||
Name: | XXXXXX XXXXXXX | |||
Title: | VICE PRESIDENT-ASSET MANAGER |
ATTEST: |
TENANT: QLIKTECH, INC. |
|||
By: | /s/ Xxxxxxx Xxxxxxxx | |||
Name: | XXXXXXX XXXXXXXX | |||
Title: | CFO |
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