This FIFTH ADMENDMENT is entered into as of the Fourteenth (14th) day of December 2007 between
Canopy Properties, Inc. (“Tenant”) and The SCO Group (“SubTenant”).
Whereas Tenant and Subtenant entered into a Sublease dated January 10, 2002, first amended
September 15, 2003, and again on December 6, 2004, and again April 15, 2005, and again on February
Now, therefore, Tenant and SubTenant hereby agree to further amend the Sublease as follows:
This Fifth Amendment shall be effective Janurary1, 2008 the “Effective Date.”
The renewal term is12 months, commencing upon January 1, 2008 (“Commencement
Date”) as outlined in Section 2 of this lease, and ending December 31, 2008
Upon the Effective Date Subtenant surrenders to Tenant and Tenant accepts
back from SubTenant approximately 9,738 Rentable Square Feet comprising the north side
of the second floor of the Canopy II Building, Lindon, UTAH. The net effect of the
surrender Premise shall bring the total Premise to approximately 11,480 Rentable
Upon the Effective Date, the annual Base Rent shall be $252,560.00
Upon the Effective Date the SubTenants percentage share of the operating cost
shall be reduced from 53.05% down to 30.6%.
Due to the bankruptcy proceeding involving SubTenant, both parties mutually
agree that this Lease imposes relatively higher risk on the Landlord, and thus
mutually agree that if Tenant fails to make any payment required under this Lease in
excess of $1,000 within ten (10) business days of receiving written notice from
Landlord, that the failure to make such payment will constitute an Event of Default
and give Landlord the right to terminate this Lease upon thirty (30) days written
notice. At any time after notice of default.
All other terms, conditions and provisions of the Sublease between Tenant and SubTenant shall
remain in full force and effect.