EXHIBIT 10.13
SECOND AMENDMENT
Whereas, Sun Life Assurance Company of Canada (U.S.) as "Landlord" and Vixel
Corporation, as "Tenant" executed that certain Lease dated December 6, 1996 for
the Premises known as 00000 Xxxxx Xxxxx Xxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxxxx,
and,
Whereas, Landlord and Tenant executed a First Amendment dated January 13, 1997,
Nowtherefore, Landlord and Tenant hereby agree to amend the Lease as follows:
1. Section 1.c. (2), EXPIRATION DATE is changed to January 31, 2005
2. Section 1.c. (3), NUMBER OF MONTHS is changed to 96
3. Section 1.e. MONTHLY BASE RENT is changed as follows
Month 61 - 72 = $42,346.15 per month NNN
Month 73 - 84 = $44,054.23 per month NNN
Month 85 - 96 = $45,833.48 per month NNN
4. Section 1.f. (1), TOTAL INITIAL DEPOSIT = $0.00
5. Section 1.f. (2), PREPAID RENT = $0.00
6. Section 1.f. (3) INITIAL SECURITY DEPOSIT = $117,431.00 (Letter of
Credit)
7. Section 1.i. (1) BROKERAGE FIRM: Xxxxxxxxx Group,
8. Section 1.j. NOTICE ADDRESS: LANDLORD: Sun Life Financial, c/o
Norris, Xxxxx & Xxxxxxx, 000 - 000xx Xxxxxx XX, Xxxxxxxx, XX 00000,
tel 000-000-0000; fax 000-000-0000
9. Section 3. PREMISES: Landlord and Tenant hereby acknowledge that
Exhibit B of the Lease applied solely to the initial occupancy
in January, 1997 and that there are no Tenant Improvements provided
by Landlord to Tenant according to this Amendment.
10. Section 4.d. OPTION TO TERMINATE: Option is hereby deleted.
11. Section 7.a SECURITY DEPOSIT: subsection a is hereby deleted.
12. Section 7.b LETTER OF CREDIT: is changed to provide Tenant shall
maintain a Letter of Credit in the amount of $117,431.00 through the
extended term, as amended herein, of the Lease.
13. Section 18. ASSIGNMENT AND SUBLETTING, is amended by the
addition of the following clause to the third sentence in line 8
of section 18 the lease; "after deduction by Tenant of
reasonable actual sublease costs, such as tenant improvements
and lease commissions actually paid to third parties".
14. Therefore, the amended clause shall be: . . . Landlord and
Tenant shall share equally in any rental and other proceeds paid
to Tenant in excess of the rent to be paid to Landlord under the
terms of this Lease, after deduction by Tenant of reasonable
actual sublease costs, such as tenant improvements and lease
commissions, actually paid to third parties.
If Tenant is a corporation . . .
Except as specifically amended by the First and Second Amendments, the
Lease is in full force and effect and any conflict between them shall be
controlled by the Second Amendment.
AGREED AND ACCEPTED
Sub Life Assurance Company Vixel Corporation
of Canada (U.S.)
By: By:
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Name: Name:
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Its: Its:
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By:
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Name:
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Its:
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Date: Date:
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