0001193125-06-179976 Sample Contracts

NET LEASE AGREEMENT by and between RACKABLE SYSTEMS, INC. (“Tenant”) and FREMONT LANDING INVESTORS, LLC (“Landlord”)
Improvement Agreement • August 25th, 2006 • Rackable Systems, Inc. • Electronic computers • California

This Improvement Agreement (the “Improvement Agreement”) is hereby made a part of that certain Net Lease Agreement (the “Lease”) dated as of June 26, 2006 and made and entered into by and between Fremont Landing Investors, LLC, a Delaware limited liability company (“Landlord”), and Rackable Systems, Inc., a Delaware corporation (“Tenant”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings as are ascribed thereto in the Lease or in the exhibits attached thereto. Landlord and Tenant hereby agree as follows with respect to the construction of initial improvements in the Premises by Landlord for the benefit of Tenant:

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