EXHIBIT 10.20
FIFTH AMENDMENT TO
LEASE
THIS FIFTH AMENDMENT TO LEASE (this
“Fifth Amendment”) is dated as of October 1, 2008 and
is made between CYPRESS SEMICONDUCTOR CORPORATION, as Landlord, and
SUNPOWER CORPORATION, as Tenant, to be a part of that certain
Office Lease Agreement and all exhibits thereto, dated for
reference purposes only as of May 15, 2006
(the “Original Lease”), concerning approximately 43,732
rentable square feet (“RSF”), located within the
Premises stated in the Original Lease. The Premises are
located within the Building commonly known as Building #3, (the
“Building”), located at 3939 N. First Street (the
“Land”) as shown on the floor plan on Exhibit
A to the Original Lease.
Landlord and Tenant now desire to
modify the Original Lease and, in consideration of the
mutual promises contained herein and for the other good and
valuable consideration, the receipt and sufficiency of which the
parties hereby acknowledge, Landlord and Tenant hereby agree,
intending to be bound thereby, that the Original Lease is modified
and supplemented in accordance with the terms and conditions set
forth below:
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Basic Terms
Item #9 of the Original Lease is hereby amended to state in its
entirety as follows:
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Lease
Months
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Monthly Base
Rent/SF
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Rentable
Square Feet
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Monthly
Base
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1-2
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$0.00/SF
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43,732
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$ -
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3-8
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$2.16/SF
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43,732
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$ 94,461
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9-12
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$2.16/SF
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45,840
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$ 99,014
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13-14
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$2.25/SF
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45,840
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$ 103,140
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15-24
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$2.25/SF
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51,228
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$ 115,263
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25-29
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$2.34/SF
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55,594
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$ 130,190
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30-36
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$2.34/SF
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60,320
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$ 141,149
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37-48
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$2.43/SF
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60,320
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$ 146,578
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49-60
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$2.53/SF
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60,320
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$ 152,610
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The monthly
Base Rent remains unchanged through the 8 th month (or December 31, 2006) as per Original
Lease. However, Article 2, Section 2.1, is hereby
amended such that the monthly Base Rent shall be adjusted to
include the additional spa
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