SECOND AMENDMENT
TO
AUBURN CORPORATE CENTER
I
OFFICE
LEASE
This Second
Amendment to Office Lease (the Second Amendment) is made as of
March 15 th , 2006 by and between Fana Auburn, LLC, a
Washington Limited Liability Company (“
Landlord ”), and Zones, Inc., a Washington
corporation (“ Tenant ”). As parties
hereto, Landlord and Tenant agree:
RECITALS
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Landlord and
Tenant have entered into that certain Office Lease, dated as of
June 9, 2003 (the “ Lease ”),
wherein Tenant leased from Landlord that office space consisting of
approximately 106,308 square feet of the Building located at 1102
15th Street SW, Auburn, Washington, such leased premises are more
particularly described and depicted in the Lease. The Building is
now commonly known as Auburn Corporate Center I. Subsequently,
through lease amendment No. 1, the lease premises was re-defined as
106,273 rentable square feet.
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The parties now
desire to increase the rentable square feet located on the first
floor by approximately 18,923 square feet and to incorporate a
lease inducement provision. The final size and location of the
additional rentable square feet shall be determined by the actual
space plan per BOMA standards.
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NOW, THEREFORE,
effective January 1 st , 2007, the parties covenant and
agree as follows:
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Section
1.4. - Premises, is replaced entirely as
follows:
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Approximately
125,196 rentable square feet located in that certain building with
an address of 1102 15 th Street SW, Auburn, Washington
and commonly referred to as Auburn Corporate Center I and located
on Lot A of Auburn Lot Line Adjustment No. LLA-0004-91 recorded
under Recording No. 9104171400, situated in Auburn, Washington
(said Parcel, together with said Building, being herein referred to
collectively as the “Property”), as such leased
premises are more particularly described and/or depicted on Exhibit
A-1 attached hereto and incorporated herein by this reference
(“Premises”). The Premises includes the entire second
floor of the Building other than 1,624 square feet of common areas.
The balance of the Premises shall be located on the first floor of
the building, as shown in Exhibit A-1. In addition to
Tenant’s rights to use and occupy the Premises as hereinafter
specified, Tenant shall have non-exclusive rights to use the Common
Area (as defined in Section 1.16 below), but shall not have any
rights to use the roof, exterior walls or utility raceways of the
Building. Notwithstanding anything contained herein to the
contrary, Tenant shall have the exclusive right of use of the two
conference rooms located adjacent to the main lobby. The Property
is more particularly described on Exhibit A-2 attached hereto. The
Auburn 400 Corporate Park, Division One is referred to in this
Lease as the “Project”. All square footage areas
refereed to in this paragraph 1.4 may be confirmed by either party
using current BOMA standards. If such measurements indicate that
the Premises are larger or smaller than 125,196 rentable square
feet, Annual Base Rent and Tenant’s Share (as defined in this
Lease) shall be adjusted accordingly.
___ Landlord’s
Initials
Tenant’s Initials
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Section
1.5 - Term, is replaced as follows:
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1.5(a) - For the 106,273 Square Foot Portion of
the Premises:
Eleven (11)
years commencing on September 1st, 2003 and expiring on August
31st, 2014.
1.5(b) - For the 18,923 Square Foot Portion of
the Premises:
Ninety two (92)
months commencing on January 1st, 2007 and expiring on August 31st,
2014.
Options to
Extend are fully addressed in Sections 3.2 and 3.3.
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Section 1.7 -
Initial Annual Base Rent, is replaced as follows:
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Initial Annual
Base Rent:
1.7(a) - With regard to the 106,273 Rentable
Square Foot portion:
On and after
the Commencement Date, Tenant shall pay Annual Base Rent during
each year of the Lease Term as follows, all such rent being based
on 106,273 rentable square feet of space in the Premises; provided,
however, the reference to “w/o pocket” refers to
Tenant’s right under Paragraph 2.3 to space pocket a
desi
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