Exhibit 10.9a
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE (this "First Amendment") is made this 13th day of
June 2001 between Xxxxxxx Properties, L.P., a California limited partnership,
("Landlord"), and Primal Solutions, Inc., a Delaware corporation, ("Tenant").
WHEREAS, Landlord and Tenant entered into a Lease dated October 26,
2000.between Xxxxxxx Properties, L.P., a California limited partnership,
("Landlord"), and Primal Solutions, Inc., a Delaware corporation, ("Tenant"),
for those certain premises located at 00000 Xxx Xxxxxx Xxxxxx, Xxxxxx 000, 450,
460, and 000, Xxxxxx, Xxxxxxxxxx, as more fully described in the Lease.
Capitalized terms used but not otherwise defined herein shall have the meanings
given them in the Lease; and
WHEREAS, Landlord and Tenant desire to modify the Lease as provided herein.
NOW, THEREFORE, in consideration of the covenants and agreements contained
herein, the parties hereby mutually agree as follows:
1. Basic Lease Provisions - "PREMISES" shall be reduced by approximately
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13,816 rentable square feet, commonly known as, Suites 400, 450, and 460,
and the resulting square footage of the Premises shall become approximately
13,816 rentable square feet, commonly known as, Xxxxx 000, located on the
5th floor of the building (the "Premises").
2. Basic Lease Provisions - "BASE RENT" for the Premises, Suite 500, shall be
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as follows:
$29,704.40 per month for the period of 7/01/01 - 4/30/02
$30,947.84 per month for the period of 5/01/02 - 4/30/03
$32,191.28 per month for the period of 5/01/03 - 4/30/04
$33,434.72 per month for the period of 5/01/04 - 4/30/05
$34,816.32 per month for the period of 5/01/05 - 4/30/06
$36,197.92 per month for the period of 5/01/06 - 4/30/07
3. Basic Lease Provisions - "TENANT'S PROPORTIONATE SHARE" shall be reduced by
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6.03% for Suites 400, 450, and 460 for a new total of 6.03% for the
premises, Suite 500.
4. Basic Lease Provisions - "OCCUPANCY DENSITY" for the Premises, Suite 500,
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shall be reduced to Sixty-four (64) individuals.
5. Basic Lease Provisions - "PARKING AND PARKING CHARGE" shall be reduced for
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Premises. Tenant shall lease not less than forty-five (45) and no more than
sixty-five (65) unreserved parking spaces. All other terms and conditions
of this provision shall remain.
6. Paragraph 39.A - Signage Rights: Tenant shall forfeit Building Corner
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Monument Signage granted under Paragraph 39.A. of the Lease Agreement.
Tenant shall be entitled to one (1) panel on the South side of the Monument
Sign located at the entrance on Xxxxxx Street. Tenant shall be solely
responsible for moving existing signage on the North panel to the South
panel. Tenant shall comply with all terms and conditions set forth under
Paragraph 39.A. for forfeited signage.
7. Exhibit C - Lease Improvement Agreement: Tenant shall forfeit any and all
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tenant improvement allowances granted by Landlord.
8. Promissory Note: Tenant shall concurrent with its execution of this First
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Amendment, execute a promissory note in the amount of Two Hundred Thousand
dollars and no/100, ($200,000.00) payable upon the lease expiration date.
Interest shall accrue, compounded monthly, at an interest rate of 9%
annually.
9. Legal Fees: Tenant shall be responsible for the reimbursement of any and
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all legal fees incurred to prepare this First Amendment to Lease,
promissory note and any correspondence related to the lease re-structure,
not to exceed Two Thousand Five Hundred dollars and no/100 ($2,500.00).
10. Leasing Commission: Tenant shall be responsible for reimbursement of
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leasing commission paid by Landlord to Staubach Company in the amount of
Eighty Six Thousand Twelve dollars and 89/100 ($86,012.89). One-half of
said amount shall be due September 1, 2001 and the remaining half shall be
due October 1, 2001.
11. Outstanding Rent: Tenant shall pay all rental amounts outstanding as of
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June 6, 2001, totaling Eighty Eight Thousand Five Hundred Four dollars and
35/100 ($88,504.35) and full security deposit of Seventy Nine Thousand Six
Hundred Thirty Five dollars and 42/100 ($79,635.42), for a total of One
Hundred Sixty Eight Thousand One Hundred Thirty Nine and 77/100
($168,139.77) no later than June 15, 2001.
Examination of First Amendment to Lease. Submission of this First Amendment to
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Lease to Tenant does not constitute an option or offer to lease and this First
Amendment to Lease is not effective otherwise until execution and delivery by
both Landlord and Tenant.
Except as expressly modified above, all terms and conditions of the Lease remain
in full force and effect and are hereby ratified and confirmed.
IN WITNESS WHEREOF, the parties hereto have entered into this First
Amendment as of the date first written above.
LANDLORD: TENANT:
Xxxxxxx Properties, L.P., Primal Solutions, Inc.,
A California limited partnership A Delaware corporation
By: Xxxxxxx Properties, Inc., By: /s/ Xxxxxxx Xxxxxx
A Maryland corporation ----------------------------------
its General Partner Xxxxxxx Xxxxxx
Its:Chief Executive Officer
By: /s/ Xxxxx X. Xxxx, Xx Date: 6/13/01
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Xxxxx X. Xxxx, Xx.
Its: Vice President By: /s/ Xxxxxx X. Xxxxxxx
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Date: 6/13/01 Xxx Xxxxxxx
------- Its:Chief Financial Officer
Date: 6/13/01
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