Exhibit 10.11
LEASE
SILICON VALLEY CA-I, LLC,
a Delaware limited liability company,
Landlord,
and
8X8, INC., a Delaware
corporation,
Tenant
TABLE OF CONTENTS
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page
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1
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USE AND
RESTRICTIONS ON USE
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1
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2
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TERM
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2
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3
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RENT
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3
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4
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RENT
ADJUSTMENTS
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3
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5
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SECURITY
DEPOSIT [INTENTIONALLY OMITTED]
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5
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6
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ALTERATIONS
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5
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7
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REPAIR
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6
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8
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LIENS
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7
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9
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ASSIGNMENT
AND SUBLETTING
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7
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10
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INDEMNIFICATION
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10
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11
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INSURANCE
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10
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12
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WAIVER OF
SUBROGATION
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10
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13
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SERVICES AND
UTILITIES
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11
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14
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HOLDING
OVER
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11
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15
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SUBORDINATION
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11
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16
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RULES AND
REGULATIONS
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12
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17
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REENTRY BY
LANDLORD
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12
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18
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DEFAULT
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12
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19
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REMEDIES
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13
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20
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TENANT'S
BANKRUPTCY OR INSOLVENCY
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14
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21
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QUIET
ENJOYMENT
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15
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22
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CASUALTY
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15
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23
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EMINENT
DOMAIN
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16
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24
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SALE BY
LANDLORD
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17
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25
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ESTOPPEL
CERTIFICATES
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17
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26
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SURRENDER OF
PREMISES
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17
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27
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NOTICES
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18
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28
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TAXES
PAYABLE BY TENANT
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18
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29
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RELOCATION
OF TENANT [INTENTIONALLY OMITTED]
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18
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30
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PARKING
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18
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31
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DEFINED
TERMS AND HEADINGS
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19
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32
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TENANT'S
AUTHORITY
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19
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33
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FINANCIAL
STATEMENTS AND CREDIT REPORTS
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20
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34
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COMMISSIONS
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20
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35
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TIME AND
APPLICABLE LAW
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20
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36
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SUCCESSORS
AND ASSIGNS
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20
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37
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ENTIRE
AGREEMENT
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20
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38
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EXAMINATION
NOT OPTION
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20
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i
TABLE OF CONTENTS
(continued)
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39
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RECORDATION
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20
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40
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OPTION TO
RENEW
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20
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41
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ACCELERATION
OPTION.
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22
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42
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CONSULTANT
FEE
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22
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43
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ROOF SPACE
FOR DISH/ANTENNA
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23
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44
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RIGHT OF
FIRST OPPORTUNITY
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24
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45
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MONUMENT
SIGNAGE
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25
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46
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PREMISES
SIGNAGE
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25
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47
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TENANT'S
SECURITY SYSTEM
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26
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48
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LIMITATION
OF LANDLORD'S LIABILITY
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27
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EXHIBIT A - FLOOR PLAN DEPICTING
THE PREMISES
EXHIBIT A-1 - SITE
PLAN
EXHIBIT B - INITIAL
ALTERATIONS
EXHIBIT C - COMMENCEMENT DATE
MEMORANDUM
EXHIBIT D - RULES AND
REGULATIONS
EXHIBIT E - FORM OF EARLY
POSSESSION AGREEMENT
T
EXHIBIT F - FORM OF T
SUBORDINATION, NON-DISTURBANCE AND
ATTORNMENT AGREEMENT
[REMAINDER OF PAGE INTENTIONALLY LEFT
BLANK]
ii
SILICON VALLEY PORTFOLIO LEASE
REFERENCE PAGES
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BUILDING:
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810 West Maude Avenue
Sunnyvale, California 94089
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LANDLORD:
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SILICON VALLEY CA-I, LLC,
a Delaware limited liability company
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LANDLORD'S ADDRESS:
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RREEF Management Company
3303 Octavius Dr., Ste. 102
Santa Clara, California 95054
Attention: Property Manager
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WIRE INSTRUCTIONS AND/OR ADDRESS
FOR RENT PAYMENT:
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Silicon Valley CA-I, LLC
Dept. 2095
P.O. Box 39000
San Francisco, California 94139
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LEASE REFERENCE DATE:
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April 30, 2009
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TENANT:
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8X8, INC., a Delaware
corporation
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TENANT'S NOTICE
ADDRESS:
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(a) As of
beginning of Term:
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810 West Maude Avenue
Sunnyvale, California 94089
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(b) Prior to
beginning of Term (if different):
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3151 Jay Street
Santa Clara, California 95054
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PREMISES ADDRESS:
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810 West Maude Avenue
Sunnyvale, California
94089
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PREMISES RENTABLE
AREA:
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Approximately 51,680 sq. ft. (for
outline of Premises see U
Exhibit A U
)
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USE:
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Laboratory, light manufacturing
and shipping of products and general office use, with such possible
use as a 24/7 call center and network monitoring center.
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SCHEDULED COMMENCEMENT
DATE:
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September 1, 2009
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TERM OF LEASE:
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Approximately thirty-six (36)
months beginning on the Commencement Date and ending on the
Termination Date. The period from the Commencement Date to the last
day of the same month is the "Commencement Month."
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TERMINATION DATE:
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The last day of the thirty-sixth
(36 P
th
P
) full calendar month after (if the
Commencement Month is not a full calendar month), or from and
including (if the Commencement Month is a full calendar month), the
Commencement Month, which Termination Date is estimated to be
August 31, 2012.
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iii
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ANNUAL RENT and MONTHLY
INSTALLMENT OF RENT (Article 3):
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