FIRST AMENDMENT TO
LEASE
(1344 Crossman Avenue, Sunnyvale)
THIS FIRST
AMENDMENT TO LEASE (“ First Amendment ”) is made
and entered into as of the 12th day of August, 2009, by and between
ARDEN REALTY LIMITED PARTNERSHIP, a Maryland limited partnership
(“ Landlord ”) and ARUBA NETWORKS, INC., a
Delaware corporation (“ Tenant ”).
A. Landlord
and Tenant entered into that certain Standard Office Lease dated as
of November 30, 2007 (the “ Lease ”),
whereby Landlord leased to Tenant and Tenant leased from Landlord
certain space located in that certain building located and
addressed at 1344 Crossman Avenue, Sunnyvale, California (the
“ Building ”).
B. By this
First Amendment, Landlord and Tenant desire to extend the Term of
the Lease and to otherwise modify the Lease as provided
herein.
C. Unless
otherwise defined herein, capitalized terms as used herein shall
have the same meanings as given thereto in the Lease.
NOW, THEREFORE, in
consideration of the foregoing recitals and the mutual covenants
contained herein, and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the
parties hereto hereby agree as follows:
1. The
Premises . Landlord and Tenant hereby agree that pursuant to
the Lease, Landlord currently leases to Tenant and Tenant currently
leases from Landlord the entire Building containing a total of
99,427 rentable square feet (also known as the “
Premises ”).
2.
Extended Lease Term . The Lease Expiration Date shall be
extended such that the Lease shall expire on July 31, 2016
(“ New Expiration Date ”). Tenant shall continue
to have an Option to further extend the Term for the entire
Premises beyond the New Expiration Date in accordance with, and
subject to, Article 31 of the Lease; provided, however, that
(i) the Option Term specified in Section 31(a) of the Lease
shall be revised to five (5) years, and (ii) in the
second line of Section 31(b) of the Lease, the phrase
“ninety-five percent (95%) of” shall be inserted after
the words “shall be equal to”.
3.
Monthly Basic Rental . Notwithstanding anything to the
contrary in the Lease, commencing as of January 1, 2010 and
continuing through the New Expiration Date, Tenant shall pay, in
accordance with the provisions of this Section 3 and subject
to abatement pursuant to Section 4 below, Monthly Basic Rental
for the Premises as follows:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Monthly Basic Rental
Per
|
|
Period
|
|
Monthly Basic
Rental
|
|
Rentable Square
Foot
|
|
|
|
$
|
104,398.35
|
|
|
$
|
1.05
|
|
|
|
|
$
|
107,381.16
|
|
|
$
|
1.08
|
|
|
|
|
$
|
110,363.97
|
|
|
$
|
1.11
|
|
|
|
|
$
|
114,341.05
|
|
|
$
|
1.15
|
|
|
|
|
$
|
117,323.86
|
|
|
$
|
1.18
|
|
|
|
|
$
|
121,300.94
|
|
|
$
|
1.22
|
|
|
|
|
$
|
124,283.75
|
|
|
$
|
1.25
|
|
4. Rental
Abatement . Notwithstanding anything to the contrary contained
in the Lease or in this First Amendment, and provided that Tenant
faithfully performs all of the terms and conditions of the Lease,
as amended by this First Amendment, Landlord hereby agrees to abate
Tenant’s obligation to pay Monthly Basic Rental for the
following months: February, 2010; May, 2010; August, 2010;
November, 2010 and December, 2010. During such abatement periods,
Tenant shall still be responsible for the payment of all of its
other monetary obligations under the Lease, as amended by this
First Amendment including, without limitation, Tenant’s
Proportionate Share of Direct Costs. In the event of a default by
Tenant under the terms of the Lease, as amended by this First
Amendment, that results in early termination pursuant to the
provisions of Section 20(a) of the Lease, then as a part of
the recovery set forth in Section 20(a) of the Lease, Landlord
shall be entitled to the recovery of the Monthly Basic Rental that
was abated under the provisions of this Section 4.
5.
Improvements to the Premises . Tenant accepts the Premises
in its “as is” condition and acknowledges that Landlord
has made no representation or warranty regarding the condition of
the Premises except as expressly provided in the Lease. However,
Landlord shall provide Tenant with a one-time refurbishment
allowance (the “ Refurbishment Allowance ”) in
the amount of Four Hundred Ninety-Seven Thousand One Hundred
Thirty-Five Dollars ($497,135.00) (based on $5.00 per rentable
square foot of the Premises) which may be used by Tenant only for
the design and construction of renovations to the existing
leasehold improvements within the Premises that are to be
permanently affixed to the Premises (the “ Refurbished
Improvements ”). The Refurbished Improvements may
include, without limitation, wall modifications, tile, carpeting,
paint and modifications to the systems of the Building. Any such
Refurbished Improvements shall be constructed in accordance with,
and subject to, Article 9 and Article 10 of the Lease.
The Refurbishment Allowance shall be disbursed by Landlord to
Tenant in accordance with the following procedure: Tenant shall
deliver to Landlord: (i) a request for payment of
Tenant’s general contractor (“ Contractor
”), which Contractor shall be retained by Tenant and shall be
subject
|