EXHIBIT 10.42
AMENDMENT NO. SEVEN TO
----------------------
PLATINUM TECHNOLOGY, INC.
-------------------------
OFFICE LEASE
------------
THIS AMENDMENT NO. SEVEN ("Amendment No. Seven"), to that certain Oakbrook
Terrace Corporate Center, Phase III ("Building") Office lease dated May 6, 1992
("Base Lease"), as previously amended by Amendment No. One to Office lease dated
May 3, 1993, Amendment No. Two to Office Lease dated October 26, 1993, Amendment
No. Three to Office Lease dated December 22, 1994, Amendment No. Four to
Platinum Technology, Inc. Office Lease dated March 9, 1995, Amendment No. Five
to Platinum Technology, Inc. Office Lease dated December 1, 1996, and Amendment
No. Six to Platinum Technology, Inc. Office Lease dated as of April 30, 1997, is
made by and between Oakbrook Terrace Corporate Center III LLC, a Delaware
limited liability company ("Landlord") and Platinum Technology, Inc., a Delaware
corporation ("Tenant"), as of the 16th of September 1997.
R E C I T A L S:
- - - - - - - -
A. Pursuant to Section 29 of the Lease, Landlord has advised Tenant of
the availability of the following additional space in the Building:
First Offer Space C - 12,280 rentable square feet of space located on
the 4th floor.
B. The First Offer Space C currently is occupied by United Guaranty
Residential Insurance Company ("Current Tenant") pursuant to a lease terminating
December 31, 1998.
C. Tenant has advised Landlord that Tenant wishes to lease the First
Offer Space C on the terms and conditions set forth herein.
NOW, THEREFORE, Landlord and Tenant mutually agree as follows:
1. Incorporation of Recitals. The above Recitals are incorporated into
the text of this Amendment No. Seven as though fully set forth herein.
2. Lease of Space; Effective Date. Landlord hereby leases to Tenant, and
Tenant leases from Landlord, the First Offer Space C, effective January 1, 1999
(the "First Offer Space C Commencement Date"). Tenant's obligation to pay Rent
on First Offer Space C shall commence on April 1, 1999 (the "First Offer Space C
Rent Commencement Date"). Tenant acknowledges and agrees that Landlord's
ability to deliver possession of the First Office Space C on January 1, 1999 is
dependent upon the Current Tenant's delivery of the First Offer Space C on or
before said date. Should the Current Tenant not deliver possession of the First
Offer Space C on or before January 1, 1999, resulting in Landlord's inability to
tender possession of said space on said date, Tenant's obligations hereunder
with respect to the First Offer Space C
shall remain in full force and effect, except that the date upon which (a)
Landlord is required to deliver possession, (b) the date the First Offer Space C
is to be incorporated into the Premises, and (c) the date upon which Rent and
Rent abatements are to begin and end, shall be extended one (1) day for each day
from January 1, 1999 until the date upon which possession of the First Offer
Space C is tendered to Tenant.
3. Base Rent. Base Rent for the First Offer Space C shall be paid in
installments pursuant to Exhibit A attached hereto.
4. Percentage Interest. The Tenant's Proportionate Share of the Building
as set forth in Section 1.K of the Lease is adjusted as follows:
Commencing on the First Offer Space C Commencement Date and continuing
through December 14, 2002, Tenant's Proportionate Share of the Building
shall be .9314983.
5. Floors. Section 1.M. of the Lease is amended as follows:
First Offer Space C Tenth Floor (24,500rsf)
Commencement Date to Ninth Floor (24,582rsf)
December 14, 2002 Eighth Floor (24,664rsf)
Seventh Floor (24,746rsf)
Sixth Floor (24,824rsf)
Fifth Floor (10,370rsf)
Fourth Floor (19,863rsf)
Third Floor (25,027rsf)
Second Floor (19,62lrsf)
First Floor (24,400rsf) and
Lower Level (7,732rsf).
Total Space Occupied by Tenant 230,299 rsf
-----------
6. Tenant Improvements. All Improvements associated with the First Offer
Space C shall be performed and constructed by Tenant, at its sole cost and
expense, pursuant to Section 38 of the Lease, except that:
(a) Notwithstanding anything contained in the Lease to the contrary,
Tenant shall be entitled to a construction allowance for the First Offer
Space C of Two Hundred Twenty-One Thousand Forty Dollars ($221,040.00)
($18.00 per rentable square foot); and
(b) Except for the construction allowance referred to in Section 6(a)
above, there shall be no other allowance or credit to Tenant with respect
to the Tenant Improvements to be undertaken by Tenant in the First Offer
Space C.
7. Credits, Abatements. Notwithstanding anything contained in the Lease,
as amended from time to time, to the contrary, the only credits, abatements or
allowances to which Tenant shall be entitled with respect to the First Offer
Space C shall be those set forth in this Amendment No. Seven.
8. Brokerage. Landlord and Tenant mutually represent and warrant to each
other that, except for Mesirow Xxxxx Real Estate Inc. ("Tenant's Broker") and
Xxxxxxxxx and Xxxx Services Limited Partnership ("Landlord's Broker"), neither
Landlord nor Tenant has dealt with any real estate broker, sales person or
finder in connection with this Lease Amendment No. Seven, or showed the First
Offer Space C to Tenant. Landlord and Tenant mutually agree to indemnify,
defend and hold harmless the other party and its officers, directors, partners
and employees, from and against any and all claims, demands, liabilities,
actions, damages, costs and expenses (including attorneys' fees) for brokerage
commissions or fees arising out of a breach of such representation and warranty.
Unless otherwise agreed by the parties, Landlord shall be responsible for the
payment of all commissions to Tenant's Broker and Landlord's Broker, based upon
the leasing commission policy of Landlord applicable to the building and in
effect as of the date of this Lease.
9. Ratification. Except as provided in this Amendment No. Seven, the
Lease shall remain in full force and effect and is hereby ratified and
confirmed. To the extent that any of the covenants, terms and conditions of the
Lease conflict with the covenants, terms and conditions of this Amendment No.
Seven, the covenants, terms and conditions of this Amendment No. Seven shall
govern and control.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment No.
Seven to Office Lease on the day and in the year first above written.
LANDLORD:
OAKBROOK TERRACE CORPORATE CENTER II LLC
By: Xxxxxxxxx and Xxxx Services Limited
Partnership Manager
/s/ Xxxxx X. Xxxxxx
By: _______________________________________
Xxxxx X. Xxxxxx, Vice President
ATTEST: TENANT:
PLATINUM TECHNOLOGY, INC.
Xxxx Xxxxxxxx /s/ X X Xxxxxx
_________________ By: _______________________________________
Witness V.P. Real Estate
Its: __________________________________
