EXHIBIT 10.36
SIXTH AMENDMENT
THIS SIXTH AMENDMENT (the "Amendment") is made and entered into as of
the 13th day of October, 2000, by and between EOP-BAY PARK PLAZA, L.L.C., a
Delaware limited liability company ("Landlord"), and CROSSWORLDS SOFTWARE, INC.,
a Delaware corporation ("Tenant").
WITNESSETH
A. WHEREAS, Landlord (as successor in interest to Bay Park Plaza
Associates, L.P., a California limited partnership) and Tenant (as
successor in interest to CrossWorlds Software, Inc., a Delaware
corporation) are parties to that certain lease dated the 6th day of
December, 1996, for space currently containing approximately 59,540
rentable square feet (the "Premises") described as Suite Nos. 185, 210,
230, 450, 500, 600, 650 and 800 on the 1st, 2nd, 4th, 5th, 6th and 8th
floors of the building commonly known as Bay Park Plaza and the address
of which is 000 Xxxxxxx Xxxxxxxxx, Xxxxxxxxxx, Xxxxxxxxxx (the
"Building"), which lease has been previously amended by instruments
dated November 13, 1997, March 16, 1998, March 29, 1999, January 28,
2000, June 28, 2000 (the "Fourth Amendment"), and August 15, 2000 (the
"Fifth Amendment") (collectively, the "Lease"); and
B. WHEREAS, Tenant and Landlord mutually desire that the Lease be amended
on and subject to the terms and conditions hereinafter set forth;
NOW, THEREFORE , in consideration of the mutual covenants and
agreements herein contained and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant
agree as follows:
I. Amendment. Landlord and Tenant agree that the Lease shall be amended in
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accordance with the following terms and conditions:
A. The second sentence of Section III of the Fourth Amendment is
hereby deleted and replaced with the following:
"Accordingly, simultaneous with the execution hereof, the
Security Deposit is increased from $66,610.00 to
$102,215.50."
B. The second sentence of Section III of the Fifth Amendment is
hereby deleted and replaced with the following:
"Accordingly, simultaneous with the execution hereof, the
Security Deposit is increased from $102,215.50 to
$257,623.50."
C. The phrase "Suite 400 Landlord Work" set forth in the last
sentence of Section 1.B.2 is hereby deleted and replaced with "Suite
450 Landlord Work".
II. Effective Date. This Amendment shall become effective as of the date
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first written above and shall continue in effect until otherwise
amended by the parties in writing or until expiration or sooner
termination of the Lease.
III. Miscellaneous.
A. This Amendment sets forth the entire agreement between the
parties with respect to the matters set forth herein. There
have been no additional oral or written representations or
agreements. Under no circumstances shall Tenant be entitled to
any Rent abatement, improvement allowance, leasehold
improvements, or other work to the Premises, or any similar
economic incentives that may have been provided Tenant in
connection with entering into the Lease, unless specifically
set forth in this Amendment.
B. Except as herein modified or amended, the provisions,
conditions and terms of the Lease shall remain unchanged and
in full force and effect.
C. In the case of any inconsistency between the provisions of the
Lease and this Amendment, the provisions of this Amendment
shall govern and control.
D. Submission of this Amendment by Landlord is not an offer to
enter into this Amendment but rather is a solicitation for
such an offer by Tenant. Landlord shall not be bound by this
Amendment until Landlord has executed and delivered the same
to Tenant.
E. The capitalized terms used in this Amendment shall have the
same definitions as set forth in the Lease to the extent that
such capitalized terms are defined therein and not redefined
in this Amendment.
F. Tenant hereby represents to Landlord that Tenant has dealt
with no broker in connection with this Amendment. Tenant
agrees to indemnify and hold Landlord, its members,
principals, beneficiaries, partners, officers, directors,
employees, mortgagee(s) and agents, and the respective
principals and members of any such agents (collectively, the
"Landlord Related Parties") harmless from all claims of any
brokers claiming to have represented Tenant in connection with
this Amendment. Landlord hereby represents to Tenant that
Landlord has dealt with no broker in connection with this
Amendment. Landlord agrees to indemnify and hold Tenant, its
members, principals, beneficiaries, partners, officers,
directors, employees, and agents, and the respective
principals and members of any such agents (collectively, the
"Tenant Related Parties") harmless from all claims of any
brokers claiming to have represented Landlord in connection
with this Amendment.
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this
Amendment as of the day and year first above written.
LANDLORD:
EOP-BAY PARK, PLAZA, L.L.C., a Delaware
limited liability company
BY: EOP Operating Limited Partnership, a
Delaware limited partnership, its
sole member
By: Equity Office Properties Trust, a
Maryland real estate investment
trust, its general partner
By: /s/ XXXXXX X. XXXXXXXX
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Name: Xxxxxx X. Xxxxxxxx
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Title: Senior Vice President
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TENANT:
CROSSWORLDS SOFTWARE, INC., a Delaware
corporation
By: /s/ XXXXX [ILLEGIBLE]
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Name: Xxxxx [ILLEGIBLE]
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Title: VP - Finance
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By:
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Name:
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Title:
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