SECOND SUBLEASE AGREEMENT AMENDMENT
THIS AGREEMENT, dated September 22, 1998 is made by and between Attachmate
Corporation, a Washington Corporation, ("Sublessor"), and Vicinity Corporation,
a California corporation, ("Sublessee"), (hereinafter "Second Sublease Agreement
THIS AGREEMENT relates to the Sublease Agreement dated the 2nd day of
October, 1996 between Sublessor and Sublessee, ("Sublease") and the First
Sublease Agreement dated August 6, 1997 between Sublessor and Sublessee ("First
Sublease Agreement Amendment").
A. It is the desire of the Sublessor and Sublessee to amend the terms of said
IN CONSIDERATION OF THE MUTUAL COVENANTS contained herein, Sublessor and
Sublessee agree the Sublease is amended as follows:
Effective October 1, 1998, the Premises hired from Sublessor by Sublessee
shall be increased from 7,598 rentable square feet and now shall be described as
the one (1) story industrial/office building having the street address of 1135
San Antonio Road, Building C, Palo Alto, California, more particularly described
as 10,370 rentable square feet, outlined on the floor plan attached to this
Second Sublease Agreement Amendment as Exhibit A.
Section 5, subsection (a) is revised to read as follows:
Effective October 1, Sublessee shall pay to Sublessor without deduction,
setoff, prior notice or demand, as base rental ("Base Rent") the sum of
$16,525.00 per month in advance on the first day of each month in lawful money
of the United States of America, commencing on October 1, 1998, and continuing
throughout the balance of the term.
The second sentence of Section 5, subsection (b) shall be deleted and
replaced with the following:
Effective October 1, 1998, "Tenant's Percentage Share" of Operating
Expenses and Real Property Taxes as defined in the Lease shall be 21.086%,
calculated by dividing the approximate number of square feet contained within
the Premises by the approximate number of rentable square feet contained within
the Industrial Center as leased by Sublessor.
3. TENANT IMPROVEMENTS:
Sublessor and Sublessee agree that Sublessee shall occupy the Premises in
its existing condition, "as is". Sublessor will arrange for minor repairs prior
to Sublessee's occupancy. These repairs will consist of cleaning of existing
carpets and touch-up painting on interior wall surfaces.
This Agreement may be signed in counterparts, each of which shall be an
original, and all of which constitute one and the same agreement.
Except as herein amended, the Sublease is hereby ratified and confirmed and
all other terms of the Sublease shall remain in full force and effect, unaltered
and unchanged by this subsequent agreement.
Vicinity Corporation Attachmate Corporation
a California corporation a Washington corporation
The undersigned Lessor hereby consents to the foregoing Second Sublease
Amendment Agreement on the express condition that the Sublessor shall remain
liable for the prompt payment of the rent and performance of the terms,
conditions and covenants of the Lease between Lessor and Sublessor as Lessee and
that no further subletting of the Premises thereby demised, or any part thereof
shall be made without the written consent of the undersigned.
Lincoln-Whitehall Pacific, LLC, a Delaware limited liability company.
By: Lincoln Property Company, Management Services, Inc., as Manager and Agent