Exhibit 10.34
FIRST AMENDMENT TO LEASE
TERMINATION AGREEMENT
THIS FIRST AMENDMENT TO LEASE
TERMINATION AGREEMENT (the “Amendment”) is made as of
March 22, 2006, between SYMANTEC CORPORATION, a Delaware
corporation (“Symantec”) and PORTAL SOFTWARE,
INC., a Delaware corporation (“Tenant”).
RECITALS
A. Symantec and Tenant have
previously entered into that certain Lease Termination Agreement
dated as of February 15, 2006 (the “Agreement”),
whereby Symantec and Tenant have agreed to terminate Tenant’s
leases for 10200 South De Anza Boulevard and 10201 Torre Avenue,
Cupertino, California (the “Buildings”), on the terms
and conditions set forth therein.
B. Symantec is currently under
contract to acquire the Buildings from Cupertino Property, L.P.
(“Seller”).
C. The Agreement provides that in
the event that Symantec does not acquire the Buildings on or before
March 31, 2006, the Agreement shall be null and void, and of
no force and effect.
D. Due to issues beyond
Symantec’s control, Seller and Symantec may not be in a
position to close the sale of the Buildings on or before
March 31, 2006.
E. Symantec and Tenant have agreed
to amend the Agreement to allow Symantec and Seller additional time
to close the sale of the Buildings to Symantec.
NOW, THEREFORE, in consideration of
the mutual covenants and promises contained in this Amendment, and
for other valuable consideration, the sufficiency of which is
acknowledged by both parties, Symantec and Tenant agree as
follows:
1. Amendments to Agreement
.
(a) The first clause of the first
sentence of Paragraph 2 of the Agreement is he
