SEVENTH AMENDMENT (METRO PLAZA)
Exhibit 10.29
SEVENTH AMENDMENT
(METRO PLAZA)
THIS SEVENTH AMENDMENT (this "Seventh Amendment") is made and entered into as of April 25, 2019, by and between XXXXXX METRO PLAZA, LLC, a Delaware limited liability company ("Landlord"), and NUTANIX, INC., a Delaware corporation ("Tenant").
RECITALS
A. | Landlord (as successor in interest to CA-Metro Plaza Limited Partnership, a Delaware limited partnership) and Tenant are parties to that certain lease dated April 23, 2014, as previously amended by that certain First Amendment dated March 23, 2015, by that certain Second Amendment dated January 28, 2016, by that certain Third Amendment dated July 28, 2016, by that certain Fourth Amendment dated April 4, 2018, by that certain Fifth Amendment dated October 1, 2018, and by that certain Sixth Amendment dated April 5, 2019 (as amended, the "Lease"). |
B. | Pursuant to the Lease, Landlord has leased to Tenant the "Premises" comprised of: (i) approximately 28,121 rentable square feet in the building located at 000 Xxxxx Xxxxx, Xxx Xxxx, Xxxxxxxxxx 00000 comprised of (a) 9,716 rentable square feet described as Suite No. 280 located on the second (2nd) floor, and (b) approximately 18,405 rentable square feet described as Suite No. 300 located on the third (3rd) floor; and (ii) a total of approximately 80,489 rentable square feet in the building located at 00 Xxxxx Xxxxx, Xxx Xxxx, Xxxxxxxxxx 00000 comprised of (a) approximately 7,396 rentable square feet described as Suite Xx. 000 xx xxx xxxxxx (0xx) xxxxx, (x) approximately 23,135 rentable square feet described as the sixth (6th) floor, (c) approximately 24,337 rentable square feet described as the 5th floor, and (d) approximately 25,621 rentable square feet described as the 4th floor. |
C. | By this Seventh Amendment, Landlord and Tenant desire to modify the Lease as provided herein. |
D. | Unless otherwise defined herein, capitalized terms as used herein shall have the same meanings as given thereto in the Lease. |
NOW, THEREFORE, in consideration of the above recitals which by this reference are incorporated herein, the mutual covenants and conditions contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows:
1. | Allowance Sunset Date. The reference to "December 31, 2019" contained in 10th line of Section 1.6(B) and Section 2.6(B) of the Fifth Amendment is hereby deleted and a reference to "August 31, 2020" is substituted in lieu thereof. |
2. | Second Expansion Space - Abatement of Base Rent. The reference to "April and May 2019" contained in the last paragraph of Section 2.3 of the Fifth Amendment is hereby deleted in its entirety and a reference to "April 2019 and January 2121" is substituted in lieu thereof. |
3. | No Further Modification. Except as set forth in this Seventh Amendment, all of the terms and provisions of the Lease shall remain unmodified and in full force and effect. Effective as of the date hereof, all references to the "Lease" shall refer to the Lease as amended by this Seventh Amendment. |
[Signatures are on the following page]
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Seventh Amendment as of the day and year first above written.
LANDLORD: | |||||
XXXXXX METRO PLAZA, LLC, a Delaware limited liability company | |||||
By: | Xxxxxx Pacific Properties, L.P., a Maryland limited partnership, its sole member | ||||
By: | Xxxxxx Pacific Properties, Inc., a Maryland corporation, its general partner | ||||
By: /s/ Xxxx. T. Lammas | |||||
Name: Xxxx. T. Lammas | |||||
Title: | Chief Operating Officer, Chief Financial Officer & Treasurer | ||||
TENANT: | |||||
a Delaware corporation, By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Williams Title: CFO |