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EXHIBIT 10.17.1
ADDENDUM TO SUBLEASE
This Addendum is part of the Sublease Agreement dated November 2, 1998 (the
"Sublease") between Dataworks, Inc. ("Sublessor") and FirePond, Inc.
("Sublessee").
Dataworks, Inc. is the successor in interest to the Tenant in the Lease dated
September 6, 1996 between Appletree Ltd. ("Landlord") and Interactive Group,
Incorporated ("Tenant") (the "Master Lease"). This Addendum is incorporated into
and is a part of the Sublease pursuant to the provisions of Section 10 of the
Sublease.
The parties agree that the following terms and conditions are part of and
incorporated into the sublease:
o Notwithstanding the provisions of Section 10 of the Sublease and Section
14E of the Master Lease, the following provisions of the Master Lease shall
be of no force and effect as between Sublessor and Sublessee and the
parties waive the following:
o Section 3 E;
o Section 19 Personal Property and Tenant Fixtures;
o Section 28 Miscellaneous U Financial Statements;
o Exhibit C.
o Dataworks represents that it has the authority to enter into this Sublease
Agreement and has obtained all necessary consents, if any, required from
the Landlord.
o Sublessor shall deliver the Premises in its current AS IS condition to
Sublessee upon full execution of this Sublease.
o Notwithstanding anything to the contrary herein, Sublessor shall leave all
existing personal property, including cabling and partitions, computer and
phone equipment and related items presently located in the Premises (the
"Personal Property") for the exclusive use of the Sublessee. Provided
Sublessee is not in default of the Sublease, upon expiration of the
Sublease term, Sublessor shall deliver a Xxxx of Sale for all Personal
Property to Sublessee for the agreed upon residual value of $10.00.
o Sublessor shall immediately provide copies of all notices received by
Sublessor from the Landlord which affect the Sublease in any manner,
including without limitation, updates of operating expenses and notices of
default. Sublessor shall indemnify, defend and hold Sublessee harmless from
all costs and expenses, including reasonable attorney's fees associated
with Sublessor's default of the Master Lease, except such default that is
at the fault of Sublessee. To the extent reasonably possible, Sublessor
agrees to cooperate and not impair Sublessee's right to cure any such
default.
