Second Amendment to Lease
Agreement
This Second
Amendment to Lease Agreement (the “Amendment”) is made
and entered into as of July 28, 2005, by and between WIX/NSJ
REAL ESTATE LIMITED PARTNERSHIP, a Delaware limited partnership
(“Landlord”), and FOUNDRY NETWORKS, INC., a California
corporation (“Tenant”), with reference to the following
facts.
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A.
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Landlord and Tenant have entered
into that certain Lease Agreement dated as of September 28,1999
(the “Lease”), and that certain First Amendment dated
as of February 16, 2000 (hereinafter, collectively the
“Lease”), for the leasing of certain premises
consisting of approximately 70,755 rentable square feet located at
2100 Gold Street, San Jose, California (the
“Premises”), as such Premises are more fully described
in the Lease.
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B.
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Landlord and Tenant now wish to
amend the Lease to provide for, among other things, the extension
of the Term of the Lease, all upon and subject to each of the
terms, conditions, and provisions set forth herein.
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NOW,
THEREFORE , In
consideration of the foregoing and for other good and valuable
consideration, the receipt and adequacy of which are hereby
acknowledged, Landlord and Tenant agree as follows:
1.
Recitals : Landlord and Tenant agree that the above
recitals are true and correct and are hereby incorporated herein as
though set forth in full.
2.
Term : The Term of
the Lease shall be extended from February 1, 2006, to
May 31, 2008 (the “Extended Term”).
3. Base
Rent : The Basic
Lease Information and Section 3 of the Lease are hereby
modified to provide that during the Extended Term of the Lease the
monthly Base Rent payable by Tenant to Landlord, in accordance with
the provisions of Section 3 of the Lease, shall be in
accordance with the following schedule:
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Period
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Monthly Base Rent
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$
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60,141.75
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$
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63,679.50
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