EXHIBIT 10.36
MODIFICATION OF LEASE
BC RAIL CENTRE
THIS AGREEMENT made the 8th day of February, 2002.
BETWEEN:
BC RAM LTD. (Inc. No. 84014)
##506 - 000 XXXX XXXXXXXXX
XXXXX XXXXXXXXX, XXXXXXX XXXXXXXX
X0X 0X0
(herein called the "Landlord")
OF THE FIRST PART
AND:
PIVOTAL SOFTWARE INC.
000 - 000 XXXX XXXXXXXXX
XXXXX XXXXXXXXX, XXXXXXX XXXXXXXX
X0X 0X0
(herein called the "Tenant")
OF THE SECOND PART
WHEREAS:
A. This Agreement is supplemental to a Lease (hereinafter called the
"Lease") dated the 14th day of December, 1998, as amended by a Modification
of Lease dated the 1st day of April, 1999, as amended by a Modification of
Lease dated the 8th day of September, 1999 and further amended by a
Modification of. Lease dated the 15th day of August, 2000, whereby the
Landlord demised and leased to the Tenant the premises (herein after called
the "Premises") consisting of a portion of the building (herein called the
"building") civically described as 000 Xxxx Xxxxxxxxx, in the City of North
Vancouver, forming part of the complex known as BC Rail Centre (such
complex, together with the land owned by the Landlord legally described as
Xxx 0 Xxxxxxxx Xxx 000 and the bed and foreshore of Burrard Inlet New
Westminster District, Plan 18650, being herein collectively called the
"Lands"), the portion leased to the Tenant consisting of approximately
22,090 square feet of Rentable Area determined in accordance with paragraph
7(b) of the Lease and comprising a part of the 3rd floor of the Building,
which Premises are shown outlined in red on the explanatory plan attached
hereto as Schedule "A", and civically described as Xxxxx 000, 000 Xxxx
Xxxxxxxxx, Xxxxx Xxxxxxxxx, Xxxxxxx Xxxxxxxx, X0X 0X0.
B. The parties intend to modify the terms of the Lease effective March 1,
2002 as provided herein.
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NOW THEREFORE this Agreement witnesseth that in consideration of the
premises and the mutual covenants and agreement hereinafter set forth, the
parties hereto agree that the Lease is hereby amended as follows:
1. LEASE SUMMARY
The Lease is modified to amend reference to the following sections of
the Lease Summary and substituting therefore:
4. PREMISES
(c) Rentable Area of the Premises 22,090 sq. ft.
Space Surrendered to Landlord 2,085 sq. ft.
Total Rentable Area of the Premises 20,005 sq. ft.
6. BASIC RENT
PERIOD RENT PER SQ. FT ANNUAL MONTHLY
PER ANNUM PAYMENT PAYMENT
(a) From March 1, 2002 $12.75 p.s.f. $255,063.75 $21,255.31
to and including
September 30, 2002
2. LEASE
The Lease is further modified to amend reference to the Lease and Term as
recited under Clause 1(a) Paragraph 1 and substituting therefore:
"...the portion leased to the Tenant consisting of approximately 20,005
square feet of Rentable Area determined in accordance with paragraph 7 (b)
of the Lease and comprising a part of the 3' floor of the Building which
Premises are shown outlined in blue on the explanatory plan attached hereto
as Schedule "A1"..."
3. BASIC RENT
The Lease is further modified to amend reference to the Basic
Rent recited under Clause 2 and substituting therefore:
Yielding and paying therefore yearly and every year during the term as
Basic Rent, the sum of $255,063.75 (TWO HUNDRED FIFTY-FIVE THOUSAND
SIXTY-THREE DOLLARS AND SEVENTY-FIVE CENTS (based upon $12.75 (TWELVE
DOLLARS AND SEVENTY-FIVE CENTS) per square foot per annum of Rentable Area
of the Premises as set forth in the Lease' Summary attached hereto) in
lawful money of Canada, to be paid in advance in equal monthly installments
of $21.,255.31 (TWENTY-ONE THOUSAND TWO HUNDRED FIFTY-FIVE DOLLARS AND
THIRTY-ONE CENTS) on the first day of each and every month during the Term
of this Lease: to the Landlord, or to the Landlord's agent as the Landlord
may from
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time to time designate in writing, at the Building or at such other place
in Canada as the Landlord may from time to time designate commencing on the
1st day of March, 2002 up to and including the 30th day of September, 2002.
If the Term commences on any day other than the first day of a month or
ends on any day other than the last day of a month, rent for the fractions
of a month at the commencement and at the end of the Term shall be adjusted
pro rata.
4. PARKING
The Lease is further modified to amend reference to parking recited
under Clause 24:
The Landlord shall make available to the `tenant during the Term of
this Lease and the renewal Term, thirty-four (34) parking stalls in the
Building. Should the Tenant utilize less that 34 parking stalls and wish to
increase the parking stalls used to the maximum of 34 stalls, the Tenant
shall provide the Landlord with at least 45 days written notice of such
requirement. The rental for the parking stalls shall be at current market
rates throughout the Term of the Lease.
It being agreed that the amendments contained in this Agreement
shall be effective the 15th day of March, 2002. All other terms and
conditions of the Lease, as amended, shall continue in full force and
effect.
IN WITNESS WHEREOF the parties have executed this Agreement as of
the day and year first written above.
The Corporate Seal of )
BC RAIL LTD. was hereunto )
affixed in the presence of: )
)
)
)
[Illegible signature] ) c/s
-----------------------------------)
Authorized Signatory )
The Corporate Seal of )
PIVOTAL SOFTWARE INC. was hereunto )
affixed in the presence of: )
)
)
)
[Illegible signature] ) c/s
-----------------------------------)
Authorized Signatory )
)
-----------------------------------)
)
-----------------------------------)
Authorized Signatory )
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[Graphical representation of premises]
