EXHIBIT 10.14
*CONFIDENTIAL TREATMENT REQUESTED.
CONFIDENTIAL PORTION HAS BEEN FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
FIRST AMENDMENT TO LEASE
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THIS FIRST AMENDMENT TO LEASE ("First Amendment") is made this 9th day
of September, 1999, by and between TRIZECHAHN CENTERS, INC., a California
corporation d/b/a TrizecHahn Beaumeade Corporate Management ("Landlord"), as
successor in interest to Xxxxx Beaumeade, Inc. ("Original Landlord"), and
EQUINIX, INC., a Delaware corporation ("Tenant").
W I T N E S S E T H:
WHEREAS, by that certain Lease dated as of November 18, 1998 (the
"Lease"), Original Landlord leased to Tenant, and Tenant leased from Original
Landlord, approximately [*] square feet of rentable area (the "Original
Premises"), known as Suite C, located on the first (1st) floor of the building
located at [*], Ashburn, Virginia (the "Building"), upon the terms and
conditions set forth in the Lease;
WHEREAS, all of the right, title and interest of Original Landlord in
the Building was transferred to Landlord and all of the right, title and
interest of Original Landlord in the Lease was assigned to Landlord;
WHEREAS, Tenant desires to lease from Landlord, and Landlord desires
to lease to Tenant, an additional [*] rentable square feet of space located on
the first (1st) floor of the Building (hereinafter referred to as the "Expansion
Space"), upon the terms and conditions hereinafter set forth;
___________________
*CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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WHEREAS, the Original Premises and the Expansion Space are hereinafter
collectively referred to as the "Leased Premises"; and
WHEREAS, Landlord and Tenant desire to amend the Lease to reflect
their understanding and agreement with regard to the lease of such additional
space, and to otherwise amend the Lease, as more particularly set forth herein.
NOW, THEREFORE, for and in consideration of the mutual promises herein
contained, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto mutually agree
as follows:
1. Any capitalized terms used in this First Amendment and not
otherwise defined herein shall have the meanings ascribed to them in the Lease.
2. The Lease is hereby further amended by adding thereto a new
Section 29, to read as follows:
"29. EXPANSION SPACE
A. Term. Landlord hereby leases unto Tenant, and Tenant hereby
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leases from Landlord, approximately [*] square feet of rentable floor
area (hereinafter referred to as the `Expansion Space') located on the
first (1st) floor of the Building, which Expansion Space is hereby
agreed to be that certain space which is shown on Exhibit H attached
hereto and made a part hereof, for a term (the `Expansion Space Term')
commencing on June 1, 1999 (the `Expansion Space Commencement Date'),
and continuing through and including the last day of the Term of the
Original Premises, unless earlier terminated pursuant to the
provisions of this Lease.
B. "As-is" Condition. Tenant accepts the Expansion Space in
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its "as-is" condition.
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*CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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C. Expansion Space Base Rent. In addition to the Base Rent
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for the Premises as set forth in Exhibit C hereof, commencing on the
Expansion Space Commencement Date and continuing thereafter throughout
the Expansion Space Term, Tenant covenants and agrees to pay to
Landlord Base Rent for the Expansion Space in the following amounts
(the `Expansion Space Base Rent'):
Expansion Space
Base Rent Per
Expansion Space Square Foot Expansion Space Expansion Space
Period Per Annum Base Rent Monthly Base Rent
----------------------- --------------------- -------------------- ---------------------
6/1/99 - 1/31/00 $[*] $[*] $[*]
2/1/00 - 1/31/01 $[*] $[*] $[*]
2/1/01 - 1/31/02 $[*] $[*] $[*]
2/1/02 - 1/31/03 $[*] $[*] $[*]
2/1/03 - 1/31/04 $[*] $[*] $[*]
2/1/04 - 1/31/05 $[*] $[*] $[*]
2/1/05 - 1/31/06 $[*] $[*] $[*]
2/1/06 - 1/31/07 $[*] $[*] $[*]
2/1/07 - 1/31/08 $[*] $[*] $[*]
2/1/08 - 1/31/09 $[*] $[*] $[*]
D. Except as otherwise herein expressly provided, Expansion
Space shall be deemed a part of the Premises for all purposes of this
Lease, such that both Landlord and Tenant shall have such respective
rights and obligations with respect to Expansion Space as apply to the
remainder of the Leased Premises."
3. Section 4.(a) of the Lease (captioned "Operating Expenses") is
hereby amended by deleting from the end thereof the language "[*]% ([*])" and
inserting the following language in lieu thereof: "[*]% ([*])."
4. Section 2 of the Lease (captioned "Payment") is hereby amended by
deleting therefrom the language: "at Landlord's address set forth at Section
28.(b) hereof" and
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*CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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inserting the following language in lieu thereof: "and
delivered to TrizecHahn Beaumeade Corporate Management at NationsBank, X.X. Xxx
#000000, Xxxxxxxxx, Xxxxxxxx 00000-0000."
5. Section 28.(b) of the Lease (captioned "Notices") is hereby
amended by deleting therefrom all of the language in the column headed "Notice
to Landlord" and inserting the following language in lieu thereof: "TrizecHahn
Mid-Atlantic Management Services LLC, 0000 Xxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000,
Xxxxxxxxxx X.X. 00000 Attention: Portfolio Manager-[*]".
6. Section 28.(s) of the Lease (captioned "Brokers") and Exhibit D
to the Lease (captioned "Work Agreement") shall not be applicable to the
Expansion Space.
7. Landlord and Tenant represent and warrant to each other that the
person signing this First Amendment on its behalf has the requisite authority
and power to execute this First Amendment and to thereby bind the party on whose
behalf it is being signed .
8. Landlord and Tenant represent and warrant to each other that
neither of them has employed any broker in procuring or carrying on any
negotiations relating to this First Amendment. Landlord and Tenant shall
indemnify and hold each other harmless from any loss, claim or damage relating
to the breach of the foregoing representation and warranty by the indemnifying
party.
9. Except as expressly amended and modified herein, all terms,
conditions and provisions of the Lease shall remain unmodified and in full force
and effect. In the event of any conflict between the terms and conditions of the
Lease and the terms and conditions of this First Amendment, the terms and
conditions of this First Amendment shall govern and control.
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*CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PROTION HAS BEEN FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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