Exhibit 10.3
FOURTH AMENDMENT TO
LEASE
THIS FOURTH AMENDMENT TO LEASE
(“ Amendment ”), is made and dated for reference
purposes only as of May 13, 2008, between GLL US OFFICE, L.P.,
a Delaware limited partnership (“ Landlord ”),
and MSC.SOFTWARE CORPORATION, a Delaware corporation (“
Tenant ”), with reference to the following
facts:
A. Landlord (as
successor-in-interest to Imperial Promenade Associates, LLC, a
Delaware limited liability company) and Tenant are the current
parties to that certain Office Lease dated June 28, 1999, as
amended by (i) that certain First Amendment to Lease dated
August 11, 2000, (ii) that certain Second Amendment to
Lease dated January 19, 2001, and (iii) that certain
Third Amendment to Lease dated March 13, 2001 (collectively,
the “ Lease ”), for premises commonly known as
Suites 100, 200, 300, 400, 500, 600, 700, 800 and 900 (the “
Premises ”), situated in the building located at 2
MacArthur Place, Santa Ana, California (the “ Building
”). Unless otherwise indicated in this Amendment, the defined
terms used herein have the same definitions as the defined terms
used in the Lease.
B. Tenant has entered into a
government contract (the “ Government Contract
”) that requires Tenant to have a secure space in the
Premises that may only be accessed by Tenant. Accordingly, Tenant
has requested that the Lease be amended to designate a portion of
the Premises as secure space to which only Tenant shall have
access. Subject to the terms and conditions set forth in this
Amendment, Landlord has agreed to amend the Lease so as to
accommodate Tenant’s request.
THEREFORE, for valuable
consideration, the receipt and adequacy of which are hereby
acknowledged, Landlord and Tenant hereby agree to amend the Lease
as follows:
1. Secure Space .
(a) Landlord and Tenant acknowledge
and agree that during the term of the Lease, that portion of the
Premises commonly known as Suite 336 of the Building and labeled as
“Recording Studio” on the space plan attached hereto as
Exhibit “A” (the “ Secure Space
”), shall be designated as a secure space which Tenant shall
have the right to restrict and limit access to itself, except as
otherwise expressly provided herein and subject to the terms and
conditions set forth below.
(b) Tenant shall have the right,
subject to the terms and conditions of this Amendment and at
Tenant’s sole cost and expense, to install a private access
controlled security system for the Secure Space, provided that such
security system shall not unreasonably interfere with any systems
operated in the Building by Landlord or other tenants. Tenant shall
obtain Landlord’s written approval of Tenant’s security
system prior to the installation of such security system. Landlord
shall not be entitled to access codes or access cards or keys to
the Secure Space; however, Landlord shall be permitted to forcibly
enter the Secure Space by any means deemed reasonably necessary by
Landlord, and without prior notice to Tenant, in the event of an
emergency, and any such entry shall not be deemed a breach of this
Lease or of Tenant’s right to quiet enjoyment of the
Premises. Tenant further waives any and all claims against Landlord
with
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respect to interference by Landlord
with Tenant’s business operations at the Premises, or that
Landlord has committed an unlawful detainer or other violation of
Tenant’s rights in and to the Premises or the Secure Space,
by virtue of Landlord’s exercise of its rights under this
Subsection 1(b).
(c) Tenant acknowledges, agrees and
understands that there is currently located in the Secure Space
fire prevention installations which need to be accessed from time
to time by the Santa Ana Fire Department and/or other governmental
authorities (collectively, the “ Governmental
Authorities ”). Tenant therefore further agrees that
(i) Tenant shall make such facilities available to the
Governmental Authorities at any and all times upon request of the
Governmental Authorities, (ii) Tenant shall leave a key to the
Secure Space in the Knox box (i.e., a safe that holds keys for
firefighters to retrieve in emergencies) located on the outside of
the B
