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EXHIBIT
10.30
AMENDMENT NUMBER
ONE
TO OFFICE LEASE
AGREEMENT
This AMENDMENT NUMBER ONE (the
“Amendment”) dated as of January 24, 2007 (the
“Amendment Effective Date”) amends that certain
OFFICE LEASE AGREEMENT (the “Lease”) entered
into and effective on June 19, 2003 (the “Effective
Date”), to which MARVELL TECHNOLOGY, INC., a Delaware
corporation (“Marvell”), became the owner of
landlord’s interest in the lease between 3COM CORPORATION, a
Delaware corporation, and MAGMA DESIGN AUTOMATION, INC. , a
California corporation, having its principal place of business at
5460 Bayfront Plaza, Santa Clara, CA 95052 (“Tenant”).
Marvell and Tenant are each a “party” and,
collectively, are the “parties” to this Amendment. All
terms not defined herein shall have the meanings ascribed to such
terms in the Lease.
RECITALS
WHEREAS, Marvell became owner
of the landlord’s interest in the Lease effective
August 18, 2003;
WHEREAS, Marvel and Tenant
desire to modify the Lease to provide for early termination;
and,
WHEREAS, the parties intend
to republish each and every other term of the Lease subject to the
amendments set forth herein.
NOW, THEREFORE, in
consideration of the foregoing premises and mutual covenants set
forth herein and in the Lease, the parties hereby agree to the
following:
1. Amendment to Summary
Section 3.1: Summary section 3.1 which currently
establishes the length of lease term as follows: the language
“subject to extension under Section 2.2 for one
(1) Extended Term of five (5) years” is deleted in
its entirety.
2. Amendment to Summary
Section 3.3: Summary section 3.3 which currently
establishes the Lease Expiration Date as follows: “July 31,
2010, subject to extension under Section 2.2 for one
(1) Extended Term of five (5) years” is deleted in
its entirety and replaced with the following:
“March 9, 2007 with
respect to all Tenant occupied areas except for the Data Center and
associated support rooms on the first floor (the “Modified
Lease Expiration Date”). Tenant shall continue to occupy said
Data Center and associated support rooms as shown on Exhibits C
and C-1 attached hereto and incorporated herein by reference
through the original Lease Expiration Date of July 31,
2010.”
3. Amendment to Summary
Section 4: Summary section 4 which currently establishes
the Base Rent due under Article 3 is amended as follows:
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Months
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Monthly Installment
of Base Rent |
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40 through 43
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$ |
154,383.46 |
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44 through 84
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$ |
0.00 |
Notwithstanding the foregoing, it is
understood and agreed by the parties that as of the Amendment
Effective Date herein, Tenant has paid all Monthly Installments of
Base Rent due under the Lease and this Amendment.
4. Amendment to Summary
Section 8: Summary section 8 which currently establishes
the parking ratio as follows: “Approximately three and three
tenths (3.3) unreserved parking spaces for every 1,000 square
feet of the Premises” is deleted in its entirety and replaced
with the following:
“Ten unreserved parking
spaces”.
5. Amendment to Article 2.2:
Section 2.2 which establishes the Option to Extend is hereby
deleted in its entirety.
6. Amendment to Article 3:
Article 3 which currently establishes the Free Rent Period which
currently establishes the Free Rent Period is amended as follows:
Insert at the end of the first full paragraph:
“Subject to the
foregoing provisions, Tenant’s obligation to pay Base Rent
will terminate after February 1, 2007, and Tenant shall not be
responsible for the payment of Base Rent thereafter (the
“Rent Termination Date”). Should Tenant fail to vacate
or holds over after the Modified Lease Expiration Date, with or
without the express or implied consent of the Landlord, such
tenancy shall be from month-to-month only, and in such case Rent
shall be payable pursuant to the original Base Rent Schedule in
Summary Section 4.”
7. Amendment to Article 4.1:
Article 4. which currently establishes Tenant’s obligation to
pay Additional Rent is amended as follows: Insert at the end of the
first full paragraph:
“Subject to the
foregoing provisions, and save for the obligations under
Section 4.5.1, Tenant shall not be obligated to pay Additional
Rent after the Rent Termination Date including any Additional Rent
that may be due or may become due pursuant to Section 4.4,
“Calculation and Payment of Additional Rent”, or under
any other provision of the Lease. Additional Rent paid through the
effective date herein, shall be considered full and final payment
of all Additional Rent payment obligations by the Tenant under the
Lease and this Amendment.
8. Amendment to Article 6.2:
Article 6.2 which currently establishes the Tenant’s
obligation to pay utilities is amended as follows: Insert at the
end of the first full sentence:
“Tenant, at its sole
expense, shall use all commercially reasonable efforts to arrange
for a separate electrical meter for the first floor Data Center and
associated support rooms (the “Data
2 of 9
Center Meter”) and shall be solely
responsible for all utility and other charges related thereto.
Except for utilities and other charges directly related to the Data
Center Meter, Landlord shall contract directly with utility
providers for all other Building utilities (
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