FOURTH AMENDMENT TO OFFICE
LEASE
THIS
FOURTH AMENDMENT TO OFFICE LEASE (“ Amendment
”), effective October 27, 2005 (the “ Effective
Date ”), is entered into by and between Malibu Canyon
Office Partners, LLC, a California limited liability company
(“ Landlord ”), and Ixia, a California
corporation (formerly known as Ixia Communications, Inc., a
California corporation) (“ Tenant ”), with
reference to the following facts:
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A.
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Landlord and Tenant previously
executed that certain Office Lease dated November 5, 1999 (the
“ Original Lease ”) pursuant to which Tenant
leased from Landlord certain Premises comprising a portion of the
Building commonly known as Building Two, 26601 W. Agoura Road,
Calabasas, CA 91302 (the “ Original Premises
”);
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B.
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Landlord and Tenant previously
executed that certain First Amendment to Office Lease dated
March 22, 2000 (the “ First Amendment ”)
pursuant to which Landlord and Tenant expanded the Original
Premises under the Lease to include the entirety of Building
Two;
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C.
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Landlord and Tenant previously
executed that certain Second Amendment to Office Lease dated
May 8, 2003 (the “ Second Amendment ”)
pursuant to which Landlord and Tenant further expanded the Original
Premises under the Lease to include approximately thirteen thousand
four hundred forty-five (13,445) square feet of Rentable Area
commonly known as Building “A”, 26701 W. Agoura Road,
Calabasas, CA.
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D.
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Landlord and Tenant previously
executed that certain Third Amendment to Office Lease dated
September 2004 (the “ Third Amendment ”)
pursuant to which Landlord and Tenant further expanded the Original
Premises under the Lease to include approximately eight thousand
one hundred sixty-seven (8,167) square feet of Rentable Area, which
was the remainder of the space not leased by Tenant in Building
“A”, 26701 W. Agoura Road, Calabasas, CA.(the “
Original Lease ”, the “ First Amendment
”, the “ Second Amendment ” and the
“ Third Amendment ” are sometimes collectively
referred to herein as the “ Lease ”; the “
Original Premises ” as expanded pursuant to the First
Amendment, the Second Amendment and the Third Amendment, is
sometimes referred to as the “ Premises
”);
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E.
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Tenant desires to further expand the
Premises under the Lease to include additional space in another
building in the Project, which building is commonly known as
Building “C”, 26677 W. Agoura Road, Calabasas,
California, and Landlord is willing to lease such additional space
to Tenant subject to and as provided for in this Amendment;
and
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F.
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Landlord and Tenant desire to modify
the Lease as provided in this Amendment,
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NOW
THEREFORE, in consideration of the mutual covenants and agreements
contained herein and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Landlord
and Tenant agree as follows:
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1.
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Fourth Expansion Premises
. From and after the
“ Fourth Expansion Premises Commencement Date”
(as defined in Section 2 below), the “
Premises ” leased to Tenant pursuant to the Lease
shall for all purposes be deemed to also include that certain space
(the
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1
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“ Fourth Expansion
Premises” ) located on the first (1
st
) floor of Building
“C”, which space is commonly known as 26677 W. Agoura
Road, Suite 101, Calabasas, California, as more particularly
shown in Exhibit “A” attached hereto and
incorporated by this reference herein. The Fourth Expansion
Premises is agreed by the parties to contain twelve thousand five
hundred twelve (12,512) square feet of Rentable Area,
notwithstanding any deviation therefrom. The entire Premises is
agreed by the parties to contain a total of eighty-four thousand
one hundred twenty-four (84,124) square feet of Rentable Area
(notwithstanding any deviation therefrom), which is comprised of
fifty thousand (50,000) square feet, and the entirety of, Building
Two, twenty-one thousand six hundred twelve (21,612) square feet
in, and the entirety of, Building “A”, and twelve
thousand five hundred twelve (12,512) in Building “C”.
References to the “Building” contained in the Lease
shall pertain to the either or all of Building Two, Building
“A” and/or Building “C”, as the context
requires.
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2.
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Fourth Expansion Premises
Commencement Date . The term of Tenant’s lease
of the Fourth Expansion Premises shall commence on November 1,
2005 (the “ Fourth Expansion Premises Commencement
Date ”), and shall expire on January 31, 2009 (the
“ Fourth Expansion Premises Expiration Date ”)
(the period beginning on the Fourth Expansion Premises Commencement
Date and ending on the Fourth Expansion Premises Expiration Date is
referred to herein as the “ Fourth Expansion Premises
Term ”), unless earlier terminated pursuant to the
provisions of the Lease. The Tenant shall vacate the Fourth
Expansion Premises on or before the Fourth Expansion Premises
Expiration Date on the terms and conditions set forth in the Lease.
Tenant acknowledges that the scheduled Fourth Expansion Premises
Expiration Date and the scheduled expiration date of the term of
the lease for the remainder of the Premises are scheduled to occur
on different dates.
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3
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