SECOND AMENDMENT TO LEASE
Exhibit 10.13(b)
SECOND AMENDMENT TO LEASE
This is the Second Amendment (“Second Amendment”) to that certain Lease dated September 5, 2017 as amended by the First Amendment thereto dated January 21, 2018 (the “Lease”) made and entered into by and between OUSTER, INC., a Delaware corporation (“Tenant”) and MISSION CREATIVE OWNERSHIP, LLC, a Delaware limited liability company (“Landlord”).
RECITALS
WHEREAS, Landlord and Tenant are parties to the above referenced Lease for Premises located at 0000 00xx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 (the “Premises”); and
WHEREAS, in connection with the improvement of premises leased by Tenant at 000 Xxxxx Xxxxxx by Tenant, Tenant desires to install new exits that will allow for exiting from the 350 Treat onto the Premises, and Landlord is agreeable thereto; and
WHEREAS, Landlord and Tenant now desire to amend the Lease to allow for the installation and use of the exits; and
WHEREAS, capitalized terms which are not otherwise defined herein shall be deemed to have the same meanings herein as are ascribed to such terms in the Lease.
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Landlord and Tenant hereby agree that the Lease is amended as follows.
AGREEMENT
1. Approval of Exits Installation and Use. Landlord hereby approves the installation and use of exits and related components (collectively, the “Exits”), to be installed and used for exiting from 000 Xxxxx Xxxxxx onto the Premises in conjunction with the operation of Tenant’s business at 000 Xxxxx Xxxxxx; all as generally shown in Exhibit A, attached hereto and incorporated herein by this reference.
2. Term. The approval of Landlord granted hereby shall continue until the end of the Lease Term, or earlier termination thereof. At such time. Tenant shall immediately stop using and close the Exits and restore the affected areas of the Premises to the same condition that existed prior to the installation of the Exits.
3. Additional Terms and Conditions. The approval hereinabove given is subject to the following terms and conditions:
a. Tenant shall bear all costs associated with the preparation of this Second Amendment and the installation, use, operation, maintenance, repair, and removal of the Exits.
b. Tenant shall indemnify, defend and hold harmless Landlord and its agents, employees and property managers from and against any and all costs, expenses, claims, demands, actions, causes of action, obligations, liabilities, and judgments, including attorneys’ fees, arising in any manner at any time by reason of the Exits or the use thereof by Tenant.
4. Entire Agreement. All understandings and agreements, oral or written, previously made between the parties hereto pertaining to the subject matter hereof are merged in this Second Amendment, which alone fully and completely expresses the agreement between Landlord and Tenant. No modification, waiver or amendment of this Second Amendment or of any of its conditions or provisions shall be binding upon Landlord unless in writing signed by Landlord.
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5. Authority. Each signatory of this Second Amendment represents hereby that he or she has the authority to execute and deliver the same on behalf of the party hereto for which such signatory is acting. Each provision of this Second Amendment shall extend to and shall bind and inure to the benefit not only of Landlord and Tenant, but also of their respective heirs, legal representatives, successors and assigns.
6. Signatures. The parties hereto consent and agree that this Second Amendment may be signed and/or transmitted by facsimile, e-mail of a .pdf document or using electronic signature technology (e.g., via DocuSign or similar electronic signature technology), and that such signed electronic record shall be valid and as effective to bind the party so signing as a paper copy bearing such party’s handwritten signature. The parties further consent and agree that (1) to the extent a party signs this Second Amendment using electronic signature technology, by clicking “SIGN”, such party is signing this Second Amendment electronically, and (2) the electronic signatures appearing on this Second Amendment shall be treated, for purposes of validity, enforceability and admissibility, the same as handwritten signatures.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Second Amendment to Lease as of the 27th day of March, 2018.
| TENANT | ||
| OUSTER, INC., a Delaware corporation | ||
| By: | /s/ Xxxxx Xxxxxxxxxxx | |
| Print Name: Xxxxx Xxxxxxxxxxx | ||
| Its: VP Corporate Development | ||
| By: |
| |
| Print Name: | ||
| Its: |
| |
| LANDLORD | ||
MISSION CREATIVE OWNERSHIP, LLC, a Delaware limited liability company
| By: | /s/ Xxx Xxxxxxx | |
| Title: | Member | |
| Date: | 4/23/18 | |
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