Ascential Software Corp. Contracts
Sample Business Contracts
Massachusetts-Westborough-50 Washington Street Lease - Fifty Washington LP, Informix Corp. and Ascential Software Inc.
Lease Forms
- Start a state-specific lease for the rental of commercial property. Specify the term and rent due, as well as whether the landlord or tenant is responsible for property taxes, insurance, and maintenance and repairs.
- When a tenant vacates commercial property before the lease term has expired, it may be able to rent the premises to a third party. The tenant would be the sublessor and the third party would be the sublessee. Besides preparing a sublease, both parties will want to review the provisions for assignment or subletting in the original lease agreement between the landlord and the sublessor.
- Tenants of residential property should prepare a sublease agreement if they are seeking to sublease a room or the entire apartment or house to a third party. All parties should review the original lease agreement to see if there are any restrictions on subletting or assigning the premises.
- Triple net leases are a type of commercial leases where the tenant has to pay for property taxes, insurance, utilities, and maintenance, in addition to the monthly rent.
- When renting an office space, tenants should understand the amount of the rent and duration of the lease. Other important terms include whether the space can be subleased, which parties are responsible for maintenance, and whether any furniture and furnishings will be provided.
AGREEMENT --------- AGREEMENT dated as of March 12, 2001 among FIFTY WASHINGTON LIMITED PARTNERSHIP ("Landlord"), INFORMIX CORPORATION ("Informix"), INFORMIX SOFTWARE, INC. ("I-Software") and ASCENTIAL SOFTWARE, INC. ("A-Software"). BACKGROUND ---------- Reference is made to the Lease dated May 3, 1994, as amended (the "Lease"), from 50 Washington Street Associates Limited Partnership, as Landlord (Landlord having become the Landlord thereunder), to Ardent Software, Inc. (then named VMark Software, Inc.), as Tenant, of premises at 50 Washington Street, Westborough, Massachusetts. Capitalized terms not defined herein shall have the meaning ascribed to them in the Lease. Ardent Software, Inc. has been merged into Informix effective as of June 30, 2000. Informix and its wholly-owned subsidiaries, I-Software and A-Software, use the Demised Premises, and have agreed to be jointly and severally liable as Tenants under the Lease. WITNESSETH NOW, THEREFORE, the parties hereto hereby agree as follows: 1. The parties agree that Informix, I-Software and A-Software have become Tenants under the Lease and that, from time to time, Informix, I-Software and A-Software, or any of them, shall be entitled to occupy the Premises. 2. Informix, I-Software and A-Software, jointly and severally, hereby assume and agree to and with Landlord to perform, fulfill and observe all of the covenants, agreements, obligations and liabilities of the Tenant under the Lease, whenever arising. 3. Landlord hereby consents to the foregoing and agrees that Informix, I-Software and A-Software have become the Tenants under the Lease and that, from time to time, Informix, I-Software and A-Software, or any of them, shall be entitled to occupy the Premises. Landlord's consent shall in no way be deemed to be a release or waiver of the obligation to obtain Landlord's consent or approval to any future assignment, subletting or other action as required by the Lease. 4. Landlord hereby grants approval to perform the signage as submitted by I-Software on February 16, 2001 (attached as Exhibit A hereto). All work must be performed in accordance with the Lease. <PAGE> WITNESS the execution hereof as an instrument under seal as of the date first above written. FIFTY WASHINGTON LIMITED PARTNERSHIP By: FIFTY WASHINGTON, INC. Its sole General Partner By: /s/ Christopher Egan ------------------------------------------- Christopher Egan, President and Treasurer, not individually and without personal liability INFORMIX CORPORATION By: /s/ Gary Lloyd -------------------------------------------- Printed Name: Gary Lloyd Title: Vice President, General Counsel and Secretary ASCENTIAL SOFTWARE, INC. By: /s/ Gary Lloyd ------------------------------------------- Printed Name: Gary Lloyd Title: Vice President, General Counsel and Secretary INFORMIX SOFTWARE, INC. By: /s/ Scott Harlan ------------------------------------------- Printed Name: Scott Harlan Title: Vice President, General Counsel and Secretary 2 <PAGE> EXHIBIT A Page 1 of 3 [INFORMIX(R) SOFTWARE WAY TO WEB(TM) LOGO] Informix Software, Inc. 50 Washington St. Westborough, MA 01581 Tel 508 366 3888 Fax 508 366 3669 www.informix.com 2/16/01 Mr. Christopher Hannon Sr. Property Manager Carruth Capital, LLC Suite 2000 40 Washington Street Westboro, MA 01581 Chris: Informix Corporation has recently announced the formation of a new company, Ascential Software, Inc. Ascential will remain an operating company of Informix Corporation, as will Informix Software. The worldwide corporate headquarters of Ascential Software is now 50 Washington Street. As required by the terms of our lease, we ask for your approval to install external signage at the site to reflect the name Ascential Software. Although the signage will reflect the name Ascential Software, Informix recognizes, and will honor, the terms of the lease currently in place with 50 Washington Limited Partnership. If you need further information, please contact Gary Richardson, Facilities Manager at x3017. Sincerely, /s/ James D. Foy James D. Foy President Informix Software, Inc. cc: G. Richardson <PAGE> EXHIBIT A Page 2 of 3 [ASCENTIAL(TM) SOFTWARE LOGO] 1. Furnish & install (Q1) 10'6" x 38' replacement flex face for roof sign cabinet. <PAGE> EXHIBIT A Page 3 of 3 [ASCENTIAL(TM) SOFTWARE LOGO] 2. Furnish & install (Q2) 30 1/2" x 95 1/2" x 3/16" white lexan replacement faces. Remove & dispose of existing faces. [ASCENTIAL(TM) SOFTWARE RECEIVING RIGHT ARROW LOGO] [ASCENTIAL(TM) SOFTWARE RECEIVING LEFT ARROW LOGO] 3. Furnish & install (Q2) 11 3/4" x 49 1/2" white aluminum overlay panels. [ASCENTIAL(TM) SOFTWARE LOGO] 4. Furnish & install (Q2) 60" X 96" nylon flags to be mounted to existing flagpole. (Q1) to have custom logo, (Q1) to be standard USA flag. [ASCENTIAL(TM) SOFTWARE LOGO] 5. Furnish & install (Q1) 18" x 24" aluminum sign with white reflective background and vinyl text. Sign to be mounted to existing pole along Rte. 9.