SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE is made this 30TH day of September,
1998, between First Avenue West Building L.L.C., a Washington Limited Liability
Company ("Landlord" herein) and F5 Labs, Inc., ("Tenant" herein) for the
premises located in the city of Seattle, County of King, State of Washington,
commonly known as Xxxxx 000, Xxxxx Xxxx Xxxxxxxx, 000 Xxxxx Xxxxxx Xxxx.
RECITALS
A. Landlord and Tenant are parties to that certain lease dated October 9th,
1997 and the First Amendment to Lease dated July 23rd, 1998 (the "Lease"
herein). The Lease is made a part hereof as though set forth in full herein.
B. Landlord and Tenant hereby express their mutual desire and intend to amend
by this writing those terms, covenants and conditions contained in "3. RENT",
"40. REIMBURSEMENT OF DIRECT EXPENSES" and "Premises Rentable Area, tenant
proportionate share and security deposit" as shown on Lease Reference Page.
NOW, THEREFORE, as parties hereto, Landlord and Tenant Agree as follows:
AMENDMENTS:
1. Paragraph "3. RENT" shall hereinafter additionally provide as follows:
a. Commencing on December 1, 1998 and continuing until November 30,
1999, Tenant's rental payments shall be $16,859.75 per month.
b. Commencing on December 1, 1999 and continuing until November 30,
2000, Tenant's rental payments shall be $17,107.69 per month.
2. "Premises Rentable Area" as shown on Lease Reference Page shall be amended to
reflect the additional suite 106 on the first floor plus the existing suites
totaling the square footage of 11,901 effective December 1, 1998.
3. "Tenant Proportionate Share" as shown on Lease Reference Page shall be
amended to reflect the expanded suite percentage of 18.89% effective December 1,
1998.
4. "Security Deposit" as shown on the lease Reference Page shall be amended to
reflect the addition of $3,493 to the existing security deposit to total
$46,157.74 as tenant security deposit for the amended lease.
INCORPORATION:
5. Except as herein modified, all other terms and conditions of the Lease
between the parties above described are ratified and affirmed and shall continue
in full force and effect.
The parties hereto have executed this Second Amendment to Lease on the
date specified below their respective signatures.
LANDLORD TENANT
XXXXX XXXXXX XXXX XXXXXXXX X.X.X. X0 LABS, INC.
A WASHINGTON LIMITED LIABILITY CO. A WASHINGTON CORPORATION
BY: BY: /s/ Xxxxxxx X. Xxxxxx
------------------------------- --------------------------------
Xxxx X. Xxxxx, Xx. Xxxxxxx X. Xxxxxx
ITS: MANAGING AGENT ITS: President and CEO
DATE: DATE: 10-1-98
----------------------------- -------------------------------
BY: /s/ Xxxxx Xxxxx
-------------------------------
Xxxxx X. Xxxxx
ITS: Vice President of Finance
DATE: 10/1/98
-------------------------------
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Xxxx. X. Xxxxx,
Xx. signed this instrument on oath, that he was authorized to execute said
instrument as the managing agent of First Avenue West Building L.L.C.
pursuant to the provisions of the Limited Liability Company and acknowledged
said instrument as the managing agent of the First Avenue West Building
L.L.C. to be the free and voluntary act of said Limited Liability Company for
the uses and purposes mentioned in said instrument
Date:
-------------------------------------
--------------------------------------------
Notary Public in and for the State of Washington
residing at
--------------------------------
Print Name
My appointment expires:
---------------------
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this 1st day of October, 1998, personally appeared before me
XXXXXXX X. XXXXXX, to me known to be the President and CEO of F5 Labs, Inc.,
the corporation that executed the within and foregoing instrument and
acknowledged said instrument to be the free and voluntary act and deed of
said corporation, for the uses and proposed therein mentioned, and on oath
stated that he was authorized to execute said instrument on behalf of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
Date: 10/01/98
-------------------------------------
--------------------------------------------
Notary Public in and for the State of Washington
residing at Seattle
--------------------------------
Print Name Xxxxx Xxxxx
My appointment expires: 7-01-00
---------------------
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this 1st day of October, 1998, personally appeared before me XXXXX
X. XXXXX, to me known to be the Vice President of Finance of F5 Labs, Inc.,
the corporation that executed the within and foregoing instrument and
acknowledged said instrument to be the free and
voluntary act and deed of said corporation, for the uses and proposed therein
mentioned, and on oath stated that he was authorized to execute said
instrument on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
Date: 10/1/98
-------------------------------------
/s/ Xxxx Xxxxxxx
--------------------------------------------
Notary Public in and for the State of Washington
residing at Snoh. Cty./Mountlake Terrace
--------------------------------
Print Name Xxxx Xxxxxxx
My appointment expires: 8/19/2002
---------------------
