Sample Business Contracts
California-Mountain View-1600 Amphitheatre Parkway Lease [Amendment No. 1] - Goldman Sachs Group Inc., Silicon Graphics Inc., and Silicon Graphics Real Estate Inc.
- 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.
THIS AMENDMENT (this Amendment) is made as of the 19th day of April, 2001 by THE GOLDMAN SACHS GROUP, INC, a Delaware corporation (Landlord), SILICON GRAPHICS, INC., a Delaware corporation (Tenant), and SILICON GRAPHICS REAL ESTATE, INC., a Delaware corporation (Seller).
W I T N E S S E T H:
WHEREAS, Tenant and Landlord entered into that certain Lease dated December 29, 2000 (the Amphitheatre Lease) for 1600 Amphitheatre Parkway, Mountain View, CA (the Amphitheatre Property);
WHEREAS, Seller and Landlord entered into that certain Agreement to Assign Ground Lease and Agreement to Lease dated as of December 29, 2000 (the Amphitheatre Purchase Agreement) for the Amphitheatre Property;
WHEREAS, Tenant and Landlord entered into that certain Lease dated December 29, 2000 (the Crittenden A Lease) for 1200 Crittenden Lane, Mountain View, CA (the Crittenden A Property);
WHEREAS, Seller and Landlord entered into that Agreement to Assign Ground Lease and Agreement to Lease dated as of December 29, 2000 (the Crittenden A Purchase Agreement) for the Crittenden A Property;
WHEREAS, Tenant and Landlord entered into that certain Lease dated December 29, 2000 (the Crittenden B Lease; together with the Amphitheatre Lease and the Crittenden A Lease, the Leases) for 1300 Crittenden Lane, Mountain View, CA (the Crittenden B Property);
WHEREAS, Seller and Landlord entered into that Agreement to Assign Ground Lease and Agreement to Lease dated as of December 29, 2000 (the Crittenden B Purchase Agreement; together with the Amphitheatre Purchase Agreement and the Crittenden A Purchase Agreement, the Purchase Agreements) for the Crittenden B Property;
WHEREAS, the parties hereto have agreed to enter into this Amendment as provided herein.
NOW, THEREFORE, in consideration of the premises, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. The date February 15, 2001 appearing to Section 4.7(a) of the Leases and in Section 2.2(a)(ii) of the Purchase Agreements is hereby amended to the date of February 27, 2001.
2. The words The City of San Francisco appearing in the second sentence of Section 4.7(b) of the above-referenced Leases is hereby amended to the words The City of San Francisco or the City of New York.
3. Clause (vi) of the third sentence of Section 4.7(b) of each of the Leases is hereby amended to read in full as follows: (vi) at Landlords request, name any Leasehold Mortgagee as a co-beneficiary, provided in the event of presentation of multiple sight drafts in respect of any amount, the issuer of the Letter of Credit shall honor the sight draft first received.
4. The following sentence shall be added after the third sentence of Section 4.7(b) of each of the Leases:
Each Letter of Credit may provide that the effectiveness of such Letter of Credit is conditioned, in the case of the initial Letter of Credit, on the receipt by the issuer of such Letter of Credit of the sums retained by Landlord pursuant to Section 2.2(a)(ii) of the Purchase Agreement relating to the Property and, in the case of any substitute Letter of Credit, on the receipt by the substitute issuer of the Letter of Credit of any cash collateral provided by Tenant in favor of the predecessor Letter of Credit Issuer.
5. The following paragraph (g) shall be added to Section 4.7 of each of the Leases:
(g) From time to time, Tenant may substitute the letter of credit then in effect with a substitute letter of credit meeting the requirements of this Section 4.7 and otherwise in substantially the form of the letter of credit then in effect, provided that in such event, Landlord shall or shall cause the co-beneficiary to, instruct the issuer of the letter of credit then in effect to transfer any cash collateral provided by Tenant to such issuer to such substitute letter of credit issuer.
6. Except as modified hereby, the terms and conditions of the Lease and the Purchase Agreements remain unchanged and in full force and effect.
7. This Amendment may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute the same instrument.
8. Unless otherwise specified, (i) singular words include the plural and plural words include the singular; and (ii) references to this each Lease and each Purchase Agreement include all amendments, supplements and other modifications thereof, in whole or in part.
9. Capitalized terms used herein but that are not defined herein have the meanings assigned to such terms in the Leases.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year first above written.
|THE GOLDMAN SACHS GROUP, INC.,|
|By:||/s/ DAN NEIDICH|
Name Dan Neidich
Title Managing Director
SILICON GRAPHICS, INC.
|By:||/s/ MICHAEL L. HIRAHARA|
Name Michael L. Hirahara
Title Vice President, Facilities & Services