Exhibit 10.8
FIRST AMENDMENT TO THE LEASE
FOR
INTRAWARE, INC.
THIS FIRST AMENDMENT TO THE LEASE (the "First Amendment") is made and entered
into as of this 5th day of May, 1997, by and between Sleep Hollow Investment
Company I, a general partnership ("Landlord") and Intraware, Inc., a Delaware
corporation ("Tenant").
WHEREAS, pursuant to that certain office Lease dated August 23, 1996
(hereinafter referred to as "the Lease"), Landlord leased to Tenant and
Tenant leased from Landlord the premises located at 00 Xxxxxx Xxx, Xxxxx 000
in the City of Orinda, County of Contra Costa, State of California, all as
more particularly described in the Lease (the "Premises"); and
WHEREAS, Landlord and Tenant desire to amend the Lease to incorporate
additional leased premises commonly known as Suite 310.
NOW, THEREFORE, for a valuable consideration the receipt and sufficiency of
which is hereby acknowledged, Landlord and Tenant agree to further amend the
Lease as follows:
1. Premises: The leased premises shall be increased by
approximately 1,940 rentable square feet
(Suite 310) from 6,466 rentable square feet
(Suite 101) to 8,406 rentable square feet
(Suite 101 + 310).
2. Term/Commencement: The terms of this First Amendment shall
commence July 1, 1997 and shall expire with
the Lease on September 1, 1998.
3. Base Rent: The base monthly rent shall increase for
the period June 1, 1997 through September
30, 1997 by $4,260.00 per month ($2.20 x
1,940 square feet) to $14,929.00 per month.
Effective October 1, 1997 the rent shall
adjust pursuant to the Lease from
$14,929.00 per month to $15,575.00 per
month.
4. Operating Expenses: The 1,940 square feet (Suite 310) of
Tenant's premises shall be full service and
Landlord shall waive the operating expenses
for same.
5. Tenant Improvements: Landlord shall, at Landlord's sole cost and
expense, provide new carpet and paint for
the additional leased premises (Suite 310
only).
6. Parking: Pursuant to the attached parking plan,
Tenant's designated parking shall be
increased by 7 stalls from 21 to a total of
28 spaces.
Except as set forth in this First Amendment to the Lease, the Lease shall
remain unmodified and in full force and effect and is incorporated herein by
reference. In the event of any conflict between the terms of the Lease and
the terms of this First Amendment to the Lease, the terms of this First
Amendment to the Lease shall control.
This First Amendment to the Lease shall be binding upon and shall inure to
the benefit of Landlord and Tenant and their respective successors, assignees
and representatives.
LANDLORD: TENANT:
SLEEPY HOLLOW INVESTMENT CO. I, INTRAWARE, INC.,
a general partnership a Delaware Corporation
By: /s/ Xxxx X. Xxxxxxxxx By: /s/ Xxxxx X. Xxxxxxx
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Xxxx X. Xxxxxxxxx Xxxxx X. Xxxxxxx
Its: President Its: Chief Executive Officer
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Date: 5/27/97 Date: 5/21/97
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