CUPERTINO CITY CENTER NET OFFICE LEASE by and between CUPERTINO CITY CENTER BUILDINGS, a California limited partnership, as Lessor and BORLAND SOFTWARE CORPORATION, a Delaware corporation, as LesseeOffice Lease • March 28th, 2003 • Borland Software Corp • Services-prepackaged software • California
For and in consideration of rentals, covenants, and conditions hereinafter set forth, Lessor hereby leases to Lessee, and Lessee hereby teases from Lessor, the herein described Premises for the term, at the rental rate specified herein and subject to and upon all of the terms, covenants and agreements set forth in this lease (“Lease”):
STOCKHOLDER LOCK-UP AGREEMENTStockholder Lock-Up Agreement • March 28th, 2003 • Borland Software Corp • Services-prepackaged software • Delaware
THIS STOCKHOLDER LOCK-UP AGREEMENT (“Agreement”) is entered into as of January 14, 2003, by and between BORLAND SOFTWARE CORPORATION, a Delaware corporation (“Parent”), and DIETRICH CHARISIUS (“Stockholder”).
Amendment No. 5 to the Master Support Agreement between Sun Microsystems, Inc. and Borland Software CorporationBorland Software Corp • March 28th, 2003 • Services-prepackaged software
THIS AMENDMENT NO. 5 (the “Amendment”) to the Master Support Agreement (Sun Legal Files Index no. 55709) as amended by Amendments numbered 1, 2, and 3, and 4 (Sun Legal Files Index no. 80608, 97071, 107188 and 117283, respectively), the Master Support Agreement and Amendments numbered 1 through 4 collectively referred to as the “MSA,” between Sun Microsystems, Inc., now located at 4150 Network Circle, Santa Clara, CA 95054 (“Sun”) and Borland Software Corporation, located at 100 Enterprise Way, Scotts Valley California, 95066 (“Customer”), is made and entered into by and between the same parties and becomes effective on the date signed by Sun (“Amendment Effective Date”). The parties agree as follows:
FIRST LEASE AMENDMENT COUNTY OF WAKE :Borland Software Corp • March 28th, 2003 • Services-prepackaged software • North Carolina
THIS FIRST LEASE AMENDMENT made and entered into this 8th day of February 2001 by and between DAVIS-SANDLER THREE LLC, a North Carolina limited liability company (hereinafter “Landlord”), and TOGETHERSOFT CORPORATION, a Delaware corporation (hereinafter “Tenant”).
SECOND AMENDMENT TO LEASETo Lease • March 28th, 2003 • Borland Software Corp • Services-prepackaged software
THIS SECOND AMENDMENT TO LEASE (this “Amendment”) is made as of the 1st day of June, 2001, by and between Enterprise Way Associates, LLC, a Delaware limited liability company (“Landlord”) and Inprise Corporation, a Delaware corporation (“Tenant”), with reference to the following facts and objectives:
OFFICE LEASE AGREEMENT BETWEEN STARWOOD O.C. PORTFOLIO I, L.L.C., a Delaware limited liability company, AS LANDLORD AND STARBASE CORPORATION, a Delaware corporation, AS TENANTWork Letter Agreement • March 28th, 2003 • Borland Software Corp • Services-prepackaged software • California
Parcel 2 as shown on Exhibit “A” of that certain Lot Line Adjustment No. 83-4 recorded June 1, 1983 as Instrument No. 83-230827 of Official Records in Orange County, California.
THIRD AMENDMENT TO LEASELease • March 28th, 2003 • Borland Software Corp • Services-prepackaged software
THIS THIRD AMENDMENT TO LEASE (this “Amendment”) is made as of the 1st day of Nov, 2001, by and between Enterprise Way Associates, LLC, a Delaware limited liability company (“Landlord”) and Borland Software Corporation, f/k/a/ Inprise Corporation, a Delaware corporation (“Tenant”), with reference to the following facts and objectives:
AMENDMENT NUMBER TWO TO OPEN TOOLS LICENSE AGREEMENTOpen Tools License Agreement • March 28th, 2003 • Borland Software Corp • Services-prepackaged software
This Amendment Number Two (the “Amendment”) to the Microsoft Open Tools License Agreement dated March 2, 1999, as amended June 2, 1999 (the “Agreement”) is entered into by and between MICROSOFT CORPORATION (“MS”) and BORLAND SOFTWARE CORPORATION, (“Company”) as of December 11, 2002.
