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EXHIBIT 10.2
FIFTH AMENDMENT OF LEASE
This Fifth Amendment of Lease (the "Fifth Amendment") is entered into
this 29th day of August, 1996, by and between Principal Mutual Life Insurance
Company ("Landlord") and i 2 Technologies, Inc., a Delaware corporation,
formerly known as Intellection, Inc. ("Tenant").
W I T N E S S E T H
WHEREAS, as of June 29, 1990, Park West X-0 Xxxxxxxxxx ("Xxxx Xxxx
X-0") and Tenant entered into that certain lease agreement ("Lease") for leased
premises consisting of 1,998 square feet of Net Rentable Area located on the
seventh (7th) floor ("Original Premises") in the building located at 0000 XXX
Xxxxxxx, Xxxxxx, Xxxxx ("Building"), which by this reference the Lease is
incorporated herein for all purposes.
WHEREAS, on June 18, 1991, Park West E-2 and Tenant entered into a
First Amendment of Lease ("First Amendment"), Tenant leased from Landlord, and
Landlord leased to Tenant, as an addition to the Original Premises, 1,041
square feet of Net Rentable Area adjacent to the Premises.
WHEREAS, on September 4, 1992, Park West E-2 and Tenant entered into a
Second Amendment of Lease ("Second Amendment") expanding the Premises by 3,039
square feet of Net Rentable Area.
WHEREAS, on November 16, 1993, Park West E-2 and Tenant entered into a
Third Amendment to Lease ("Third Amendment") expanding the Premises and
extending the Term.
WHEREAS, on August 18,1994, Park West E-2 and Tenant entered into a
Fourth Amendment to Lease ("Fourth Amendment") expanding the Premises.
WHEREAS, Landlord is the successor to Park West E-2 under the Lease.
WHEREAS, Landlord and Tenant desire to further amend the Lease to
increase the square footage of the Premises, and modify certain provisions of
the Lease.
NOW, THEREFORE, for in consideration of mutual terms and conditions
expressed herein and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. Landlord and Tenant agree to increase the Net
Rentable Area of the Premises from 13,171 square feet to 23,019 square feet by
adding 9,848 square feet of Net Rentable Area ("Fifth Additional Premises") to
the Premises. All references in the Lease to the Premises shall refer to the
Premises, as previously expanded and the Fifth Additional Premises.
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The floor plan for the Fifth Additional Premises, Exhibit A-4, is attached
hereto and made a part of the Lease for all purposes. The Fifth Additional
Premises is leased co-terminous with the Term.
2. The Fifth Additional Premises shall be delivered to,
and accepted by Tenant, in "as is" condition.
3. The commencement date of the Lease as it applies to
the Fifth Additional Premises shall be October 15, 1996.
4. Base Rent and Landlord's Operating Costs Estimate for
calendar year 1996 for the Fifth Additional Premises shall be based upon $19.00
per square foot of Net Rentable Area. Tenant's Operating Costs Payment for the
Fifth Additional Premises shall not be subject to adjustment throughout the
remainder of calendar year 1996 and Tenant shall pay only $19.00 per square
foot of Net Rentable Area of the Fifth Additional Premises for Base Rent and
Tenant's Share of Operating Costs, without any adjustment until January 1,
1997. The seven percent (7%) annual cap on the components of Operating Costs,
other than taxes, insurance, and utilities, shall be applicable to the Fifth
Additional Premises.
5. Effective on October 15, 1996, the following
subsections of Section 1.01 of the Lease are deleted in their entirety and
replaced as follows:
A. Premises: A portion of the seventh (7th) floor and a portion of the eighth (8th) floor
of the Building, known as Xxxxx 000 xxx Xxxxx 000, respectively, as said space
is identified by diagonal lines on the floor plans attached hereto as Exhibit
A-3 and A-4, respectively.
I. Net Rentable Area
of the Premises: 23,019 square feet.
K. Tenant's Share: 11.476%, representing a fraction, the numerator of which is the Net Rentable
Area of the Premises and the denominator which is the Net Rentable Area of the
Building.
M. Base Rent: Base Rent shall be $70,539.00 per annum ($5.00 per annum per square foot of
Net Rentable Area of the Original Premises, First Additional Premises, Second
Additional Premises and Third Additional Premises equalling $42,435.00. Base
Rent shall be $60,892.00 per annum ($13.00 per square foot of Net Rentable
Area of the Fourth Additional Premises, with Base Year Operating Costs based on
a 1994 actual grossed up Operating Costs. Base Rent
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shall be $187,112.00 per annum ($19.00 per square foot of Net Rentable Area of
the Fifth Additional Premises, with Base Year Operating Costs based on a 1996
actual grossed up Operating Costs.
P. Parking Permits and Tenant shall be allowed to take up to sixty-nine (69) Parking
Permit Fees: Permits, at no charge, for unreserved parking spaces in the Parking
Facilities. Tenant shall be allowed to take thirteen (13) additional month-
to-month Parking Permits, at no charge during the Second Renewal Term, for
unreserved parking spaces in the Parking Facilities, said month-to-month
Parking Permits being terminable by Landlord upon thirty (30) days.
6. The Lease and this Fifth Amendment shall be governed
by all respects by the laws in the State of Texas.
7. All capitalized terms used herein, and not otherwise
defined herein, shall have the meanings ascribed to said terms in the Lease.
8. The Lease, as amended herein and as previously
amended, is hereby ratified and confirmed and shall continue in full force and
effect.
IN WITNESS WHEREOF, the parties have executed this Fifth Amendment
effective as of the date first set forth above.
[SIGNATURE PAGE TO FOLLOW]
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LANDLORD:
PRINCIPAL MUTUAL LIFE INSURANCE COMPANY,
an Iowa corporation
By: /s/ XXX X. XXXXXX By: /s/ XXXXXX X. XXXXXXX
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Name: Xxx X. Xxxxxx Name: Xxxxxx X. Xxxxxxx
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Title: Director, Commercial Real Estate Title: Assistant Director,
--------------------------------- Commercial Real Estate
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TENANT:
i2 TECHNOLOGIES, INC.,
a Delaware corporation
By: /s/ XXXXX X. XXXX
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Name: Xxxxx X. Xxxx
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Title: CFO
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