EXHIBIT 10.16
SUBLEASE
1. Parties. This Sublease is entered into by and between HRG, Inc., The Human
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Resource Group, Sublessor, and Synplicity, Inc., Sublessee, as a Sublease
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under the Master Lease dated May 19, 1993, entered into by WBC Rancho
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Xxxxxxxx Partners as Lessor, and Sublessor under this Sublease as Lessee; a
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copy of the Master Lease is attached hereto as Exhibit A.
2. Provisions Constituting Sublease.
(a) This Sublease is subject to all of the terms and conditions of the
Master Lease in Exhibit A and Sublessee shall assume and perform the
obligations of Sublessor and Lessee in said Master Lease, to the extent
said terms and conditions are applicable to the Premises subleased pursuant
to this sublease. Sublessee shall not commit or permit to be committed on
the Premises any act or omission which shall violate any term or conditions
of the Master Lease. In the event of the termination of Sublessor's
interest as Lessee under the Master Lease for any reason, then this
Sublease shall terminate coincidentally therewith without any liability of
Sublessor or Sublessee.
(b) All of the terms and conditions contained in the Exhibit A Master Lease
are incorporated herein, except for Sections 1.5, 1.6, 1.7, 49, 49b, 49c,
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49d,50, 51, 52, 53 as terms and conditions of this Sublease (with each
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reference therein to Lessor and Lessee to be deemed to refer to Sublessor
and Sublessee) and, along with all of the following Sections set out in
this Sublease, shall be the complete terms and conditions of this Sublease.
3. Premises. Sublessor leases to Sublessee and Sublessee hires from Sublessor
the following described Premises together with the appurtenances, situated
in the City of San Diego, County of San Diego, State of California located
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at 17055 Xxx xxx Xxxxx, 0xx Xxxxx, space consisting of one (1) office known
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as Office 109.
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4. Rental. Sublessee shall pay to Sublessor as rent for the Premises in
advance on the first day of each calendar month of the term of this
Sublease without deduction, offset, prior notice or demand, in lawful money
of the United States, the sum of Five Hundred & no/100 ($500.00). If the
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commencement date is not the first day of the month, or if the Sublease
termination date is not the last day of the month, a prorated installment
shall be paid at the then current rate for the fractional month during
which the Sublease commences and/or terminates.
Receipt of $0 is hereby acknowledged for rental for the first month, and
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the additional amount or $0 as non-interest bearing security for
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performance under this Sublease. At Lessor's determination, this security
deposit shall be used for repair and renovation as needed and/or credit
against final month's rent. In the event Sublessee has performed all of the
terms and conditions of this Sublease throughout the term, upon Sublessee
vacating the Premises, the amount paid as a security deposit shall be
returned to Sublessee after first deducting any sums owing to Sublessor.
5. Term.
(a) The term of this Sublease shall be for a period of Twenty Two (22)
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Months commencing on December 1, 1999, and ending on September 30, 2001.
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At that time you may negotiate to renew the sublease at terms mutually
agreeable. Note that a 30-day written notice is required should the
Sublessee choose to renew or not to renew this sublease.
(b) In the event Sublessor is unable to deliver possession of the Premises
at the commencement of the term, Sublessor shall not be liable for any
damage caused thereby, nor shall this Sublease be void or voidable but
Sublessee shall not be liable for rent until such time as Sublessor offers
to deliver possession of the Premises to Sublessee, but the term hereof
shall not be extended by such delay. If Sublessee, with Sublessor's
consent, takes possession prior to the commencement of the term, Sublessee
shall do so subject to all of the covenants and conditions hereof and shall
pay rent for the period ending with the commencement of the term at the
same rental as that prescribed for the fast month of the term, prorated at
the rate of 1/30th thereof per day.
6. Use. Sublessee shall use the Premises for General Office and for no other
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purpose without the prior written consent of Sublessor.
Sublessee's business shall be established and conducted throughout the term
hereof in a fast class manner. Sublessee shall not use the Premises for, or
carry on, or permit to be carried on, any offensive, noisy or dangerous
trade, business, manufacture or occupation nor permit any auction sale to
be held or conducted on or about the Premises. Sublessee shall not do or
suffer anything to be done upon the Premises which will cause structural
injury to the Premises or the building of which the Premises form a part.
The Premises shall not be overloaded and no machinery, apparatus or other
appliance shall be used or operated in or upon the Premises which will in
any manner injure, vibrate or shake the Premises or the building of which
it is a part. No use shall be made of the premises which will in any way
impair the efficient operation of the sprinkler system (if any) within the
building containing the Premises. Sublessee shall not leave the Premises
unoccupied or vacant during the term. No musical instrument of any sort, or
any noise making device will be operated or allowed upon the Premises for
the purpose of attracting trade or otherwise. Sublessee shall not use or
permit the use of the Premises or any part thereof for any purpose which
will increase the existing rate of insurance upon the building in which the
Premises are located, or cause a cancellation of any insurance policy
covering the building or any part thereof. If any act on the part of
Sublessee or use of the Premises by Sublessee shall cause, directly or
indirectly, any increase of Sublessor's insurance expense, said additional
expense shall be paid by Sublessee to Sublessor upon demand. No such
payment by Sublessee shall limit Sublessor in the exercise of any other
rights or remedies, or constitute a waiver of Sublessor's right to require
Sublessee to discontinue such act or use.
7. Notices. All notices or demands of any kind required or desired to be given
by Sublessor or Sublessee hereunder shall be in writing and shall be deemed
delivered forty-eight (48) hours after depositing the notice or demand in
the United States mall, certified or registered, postage prepaid, addressed
to the Landlord or Tenant respectively at the addresses set forth after
their signatures at the end of this Sublease. All rent and other payments
due under this Sublease or the Master Lease shall be made by Sublessee to
Sublessor at the same address.
DATED: October 11, 1999
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SUBLESSOR: HRG, Inc., SUBLESSEE: Synplicity, Inc.
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The Human Resource Group
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By:_________________________ By: /s/ Xxxxxxx X. Xxxxxx
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Xxxx Xxxxxxx, President Xxxxxxx X. Xxxxxx, CFO
Address: 00000 Xxx xxx Xxxxx, #000 Address: 935 Xxxxxxx Dr.
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Xxx Xxxxx, XX 00000 Xxxxxxxxx, XX 00000
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Telephone: 000-000-0000 Telephone: 000-000-0000
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The undersigned, Lessor under the Master Lease attached as Exhibit A, hereby
consents to the subletting of the Premises described herein on the terms and
conditions contained in this Sublease. This consent shall apply only to this
Sublease and shall not be deemed to be a consent to any other Sublease.
DATED: 10/18, 1999 LESSOR: WBC Rancho Xxxxxxxx Partners
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By: /s/ [ILLEGIBLE]
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Address:____________________
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Telephone: _________________
(If Sublessor or Sublessee is a corporation, the corporate seal must be affixed
and the authorized officers must sign on behalf of the corporation. The Sublease
must be executed by the President or a Vice President and the Secretary or
Assistant Secretary unless the Bylaws or a Resolution of the Board of Directors
shall otherwise provide, in which event the Bylaws or a certified copy of the
Resolution, as the ease may be, must be furnished).
