Exhibit
10.13
AMENDMENT NO. 1
TO LEASE
THIS AMENDMENT NO . 1 is made
and entered into this 16 th day of June, 1992, by
and between JOHN ARRILLAGA
, TRUSTEE
, or his Successor Trustee UTA
dated 7/20/77 (John Arrillaga Separate Property Trust) as
amended, and RICHARD T. PEERY,
TRUSTEE , or his Successor
Trustee UTA dated 7/20/77 (Richard T. Peery Separate
Property Trust) as amended, collectively as LANDLORD , and
Synopsys, Inc., a Delaware corporation, as TENANT .
RECITALS
A.
WHEREAS , by Lease
Agreement dated August 17, 1990 Landlord leased to Tenant all
of that certain 104,170± square foot building located at
700C East Middlefield Rd., Mountain View,
California, the details of which are more particularly set forth in
said August 17, 1990 Lease Agreement (the " Lease "), and
B.
WHEREAS , said Lease
was amended by the Commencement Letter dated April 1, 1991
which amended the commencement date of the Lease to commence
March 15, 1991 and terminate March 14, 1999,
and
C.
WHEREAS , on even date
herewith the Landlord and Tenant are entering into a Lease
Agreement for that certain 104,170± square foot building
located at 700B East Middlefield Rd., Mountain View,
California, (the " Building B
Lease Agreement "), and
D.
WHEREAS , it is now the
desire of the parties hereto to amend the Lease by extending the
Term of the Lease to be co-terminous with the term of the Building
B Lease Agreement which extension is projected to be one year seven
months eighteen days, amending the Basic Rent, Paragraph 31
" Notices " and Paragraph 51 " Hazardous
Materials " of the Lease Agreement
and replacing the existing Exhibit A to said Lease with the
Revised Exhibit A to Lease Agreement dated August 17,
1990 as hereinafter set forth.
AGREEMENT
NOW THEREFORE , for
valuable consideration, receipt of which is hereby acknowledged,
and in consideration of the hereinafter mutual promises, the
parties hereto do agree as follows:
1. TERM
OF LEASE: Subject
to Paragraph 2 below, it is agreed between the parties that
the term of the Lease shall be extended for an additional one year
seven month eighteen day period, from March 15, 1999 to
October 31, 2000.
2. LEASE
TERMS CO-TERMINOUS: It is acknowledged that
(i) concurrently with the execution of this Amendment
No. 1, Landlord and Tenant are also executing a lease dated
June 16, 1992 affecting adjacent property, and (ii) it is
the intention of the parties that the term of said Lease Agreement
dated August 17, 1990 be co-terminous with the term of Lease
Agreement dated June 16, 1992, such that the terms of Lease
Agreement dated June 16, 1992 and Lease Agreement dated
August 17, 1990 expire on the same date. Therefore, it is
acknowledged that the implementation of this paragraph may result
in an extension of the term of Lease Agreement dated
August 17, 1990, in which event Tenant shall continue to pay
rent at the rate applicable for the period immediately prior to the
adjusted lease term expiration date. As soon as the commencement
date of Lease Agreement dated June 16, 1992 has been
determined following completion of improvements and satisfaction of
other appropriate conditions, the parties shall execute, if
necessary, an amendment to Lease Agreement dated August 17,
1990 establishing the applicable termination date of said Lease in
accordance with the foregoing provisions of this
paragraph.
1
3. BASIC
RENT SCHEDULE: Subject to Paragraph 2 above, the
monthly Basic Rental shall be adjusted as follows:
On
March 1, 1996 the sum of ONE HUNDRED SEVENTY ONE THOUSAND
EIGHT HUNDRED EIGHTY AND 50/100 DOLLARS ($171,880.50) shall be due,
and a like sum due on the first day of each month thereafter
through and including March 1, 1999.
On
April 1, 1999 the sum of ONE HUNDRED EIGHT TWO THOUSAND TWO
HUNDRED NINETY SEVEN AND 50/100 DOLLARS ($182,297.50) shall be due,
and a like sum due on the first day of each month thereafter
through and including October 1, 2000 or, if later due to the
co-terminous provision of Paragraph 2, the first day of the
last month of the Lease.
The aggregate
rental for the Lease shall be increased by $3,177,912.77 or from
$16,882,332.45 to $20,060,245.22.
4. NOTICES: Lease Agreement Paragraph 31
entitled " Notices
" shall be amended such that all notices, demands,
requests, advices or designations by Landlord to Tenant shall be
sufficiently given, made or delivered if personally served on
Tenant by leaving the same at the Premises (provided written
receipt is offered) and is addressed to the attention of Brooke
Seawell, Vice President of Finance and Operations.
5. HAZARDOUS MATERIALS: It is hereby agreed between the parties
that the existing Paragraph 51 " Hazardous Materials " of
the aforementioned Lease Agreement shall be considered null and
void and shall be replaced with the following:
"Landlord and Tenant agree as follows with
respect to the existence or use of " Hazardous Materials " (as
defined herein) on the Premises and real property located beneath
said Premises (hereinafter collectively referred to as the "
Property ");
As used herein, the term " Hazardous Materials " shall
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