Exhibit 10.39
THIRD AMENDMENT TO LEASE
I. PARTIES AND DATE.
This Third Amendment to Lease (the "Third Amendment") dated November 14,
1996, is by and between THE IRVINE COMPANY, a Michigan corporation
("Landlord"), and ADVANCED LOGIC RESEARCH, INC., a Delaware corporation
("Tenant").
II. RECITALS.
On August 21, 1989, Landlord and Tenant entered into a lease, as amended by
a First Amendment to Lease dated August 17, 1993, and by a Second Amendment
to Lease dated April 15, 1994 (as amended, the "Lease") for space in a
building located at 0000 Xxxxxxxx Xxxx, Xxxxxx, Xxxxxxxxxx ("Premises").
Landlord and Tenant each desire to modify the Lease to extend the Lease
Term, adjust the Monthly Rent, and make such other modifications as are set
forth in "III. MODIFICATIONS" next below.
III. MODIFICATIONS.
A. Basic Lease Provisions. The Basic Lease Provisions are hereby amended as
follows:
1. thereof: Item I is hereby deleted in its entirety and the following
shall be substituted in lieu
"1. Address of Landlord:
With a copy of notices to:
Insignia Commercial Group, Inc.
Xxx Xxxxxxxxxx Xxxxx, Xxxxx X-000
Xxxxxx, XX 00000
Irvine Industrial Company
X.X. Xxx 0000
Xxxxxxx Xxxxx, XX 00000-0000
Attn: Vice President, Industrial Operations
2. Item 4 is hereby deleted in its entirety and the following shall be
substituted in lieu thereof
"4. Tenant's Contact: Xxx Xxxx Telephone (000) 000-0000
3. thereof: Item 8 is hereby deleted in its entirety and the following
shall be substituted in lieu
"8. Term: the Term of this Lease shall expire at midnight on
June 30, 1999."
4. Effective as of July 17, 1996, Item 9 shall be deleted in its entirety
and the following shall be substituted in lieu thereof:
"9. Monthly Rent: $20,802.00 per month, based on $.52 per
rentable square foot.
Monthly Rent is subject to adjustment as follows: The
Monthly Rent shall be increased, as of July 1, 1998 (the
"Rental Adjustment Date"), by the percentage increase, if
any, in the United States Department of Labor, Bureau of
Labor Statistics, Consumer Price Index for all Urban
Consumers, Los Angeles-Anaheim Riverside Area Average, all
items (1982-84=100) (the "Index"). The adjustment shall be
calculated by comparing the Index published for the third
month preceding the Rental Adjustment Date with the Index
published for April, 1997, and the Monthly Rent then in
effect shall be increased by the amount of the percentage
increase, if any, between those published Index amounts. In
no event shall the Monthly Rent be reduced by reason of such
computation. If at the Rental Adjustment Date the Index
shall not exist, Landlord may substitute another reasonable
index published by any governmental agency. Landlord shall
use diligent efforts to calculate and give Tenant notice of
any such increase in the Monthly Rent on or near the Rental
Adjustment Date, and Tenant shall commence to pay the
increased Monthly Rent effective on the Rental Adjustment
Date. In the event Landlord is unable to deliver to Tenant
the notice of the increased Monthly Rent at least five (5)
days prior to the Rental Adjustment Date, Tenant shall
commence to pay the increased Monthly Rent on the first day
of the month following the delivery of such notice (the
"Payment Date"), provided Landlord1s notice has been given
at least five (5) days in advance. Tenant shall also pay,
together with the first payment of the increased Monthly
Rent, an amount determined by multiplying the amount of the
increase in Monthly Rent times the number of months that
have elapsed between the Rental Adjustment Date and the
Payment Date."
IV. GENERAL.
A. Effect of Amendments. The Lease shall remain in full force and effect
except to the extent that it is modified by this Amendment.
B. Entire Agreement. This Amendment embodies the entire understanding
between Landlord and Tenant with respect to the modifications set forth in
"III. MODIFICATIONS" above and can be changed only by a writing signed by
Landlord and Tenant.
C. Counterparts. If this Amendment is executed in counterparts, each is
hereby declared to be an original; all, however, shall constitute but one
and the same amendment. In any action or proceeding, any photographic,
photostatic, or other copy of this Amendment may be introduced into
evidence without foundation.
D. Defined Terms. All words commencing with initial capital letters in this
Amendment and defined in the Lease shall have the same meaning in this
Amendment as in the Lease, unless they are otherwise defined in this
amendment
E. Corporate and partnership Authority. If Tenant is a corporation or
partnership, or is comprised of either or both of them, each individual
executing this Amendment for the corporation or partnership represents that
he or she is duly authorized to execute and deliver this Amendment on
behalf of the corporation or partnership and that this Amendment is binding
upon the corporation or partnership in accordance with its terms.
F. Attorneys' Fees. The provisions of the Lease respecting payment of
attorneys' fees shall also apply to this Amendment.
V. EXECUTION.
Landlord and Tenant executed this Amendment on the date as set forth in "I.
PARTIES AND DATE." above.
LANDLORD: TENANT:
THE IRVINE COMPANY, ADVANCED LOGIC RESEARCH, INC.
a Michigan corporation a Delaware corporation
Xxxxxxxx X. Xxxxx, President Xxx Xxxxxxxxx
Irvine Industrial Company, a VP Finance, CFO
division of The Irvine Company
