Exhibit 10.30
SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE (this "Amendment") is made and effective as
of September 1, 1998, by and between XXXX X. XxXXXXXXXX, LLC, a California
limited liability company ("Landlord") and NETWORKS ASSOCIATES, INC., a Delaware
corporation ("Tenant").
R E C I T A L S
A. Tenant is the tenant under that certain Lease (the "Lease") dated
November 22, 1996 executed by and between Landlord and Informix Corporation, a
Delaware corporation ("Informix") and assigned by Informix to Tenant pursuant to
that certain Lease Assignment (the "Lease Assignment") dated November 17, 1997
and that certain Consent to Assignment Agreement dated December 18, 1997, as
amended by that certain First Amendment to Lease dated March 20, 1998
(collectively, the "Lease").
B. Tenant and Landlord desire to modify the provisions of the Lease
regarding their respective repair and maintenance obligations under Section 9 of
the Lease.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants and agreements contained herein, the parties hereby amend the Lease as
follows:
1. REPAIRS AND MAINTENANCE. Section 9 of the Lease is hereby amended and
modified by adding the following provision.
Notwithstanding any provision to the contrary in Section 9 of the
Lease from and after September 1, 1998, Landlord shall perform the obligations
of Tenant under Section 9 of the Lease with respect to the inspection,
maintenance and repair of the following:
a. fire life safety system (excluding the sprinkler system in Tenant's
computer room on the second floor as shown in Exhibit A attached
hereto for which Tenant shall be remain fully responsible);
b. standpipe/sprinkler system (inspections quarterly);
c. reservoir water system
d. jockey pump
e. generator/fire pump;
f. domestic water pump system;
g. elevators and elevator systems;
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h. sewer injection system;
i. annual high rise inspection by City;
j. 5 year certification for fire systems;
The costs of the inspections, maintenance and repairs in connection
with the above matters, including without limitation the cost of all contracts,
supplies, materials, equipment and tools used in such inspections, repairs and
maintenance and salaries and employee benefits (including union benefits) of
personnel engaged in providing, supervising and administering the above
services shall be common area charges and Tenant shall pay its percentage share
of such costs to Landlord as provided in Section 16 of the Lease. Landlord and
Tenant agree to cooperate in determining the scope of work and selecting the
subcontractors for such work. Tenant shall have the right to assume the
obligation for inspection, maintenance and repair of the above items any time
after twelve (12) months from the date of execution of this Amendment upon
ninety (90) days prior written notice to Landlord. Except as specifically
modified herein, Tenant shall continue to be responsible for all repair and
maintenance obligations of Tenant as specified in Section 9 of the Lease.
2. RESTATEMENT OF OTHER LEASE TERMS. Except as specifically modified
herein, all terms, covenants and conditions of the Lease shall remain in full
force and effect and are hereby reaffirmed.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the date first set forth above.
Landlord: Tenant:
XXXX X. XxXXXXXXXX, LLC, NETWORKS ASSOCIATES, INC.
a California limited a Delaware corporation
liability company
By: /s/ XXXX X. XxXXXXXXXX By: /s/ XXXXXXX X. XXXXX
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Name: Xxxx X. XxXxxxxxxx Name: Xxxxxxx X. Xxxxx
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Title: Manager Title: CFO
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Date: 2/1/99 Date: 11/25/98
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[Consent of Informix Corporation and Guaranty Federal Bank
to this Second Amendment on Next Page]
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CONSENT TO SECOND AMENDMENT
INFORMIX CORPORATION, a Delaware corporation ("Informix") hereby consents
to the foregoing Second Amendment to Lease and agrees that it shall continue to
be and remain jointly and severally liable for the payment of rent and for the
performance of all other obligations of "Tenant" under the Lease Transaction
Documents as modified by the Second Amendment.
INFORMIX CORPORATION,
a Delaware corporation
By: /s/ XXXX XXXXX
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Name: Xxxx Xxxxx
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Title: Vice President, General
Counsel and Secretary
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Date: 12/28/98
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LENDER'S CONSENT TO AMENDMENT
GUARANTY FEDERAL BANK, F.S.B., a federal savings bank, hereby consents to
the foregoing Second Amendment to Lease.
GUARANTY FEDERAL BANK, F.S.B.,
a federal savings bank
By: /s/ XXXXX X. XXXXXXXX
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Xxxxx X. Xxxxxxxx
Vice President
Date: 1-8-99
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