Amendment to Commercial Sublease Agreement between eGain Corporation and Adesto Technologies Corporation
This amendment extends the commercial sublease between eGain Corporation (Sublandlord) and Adesto Technologies Corporation (Subtenant) for the premises at 1250 Borregas Avenue, Sunnyvale, CA, until July 31, 2016. The monthly base rent is set at $47,087.15 starting February 5, 2016, with a prorated amount for the first partial month. The subtenant must increase the security deposit to a total of $47,087.15. The amendment also clarifies that the subtenant must not cause any breach of the original lease terms and outlines the handling of the security deposit at the end of the sublease.
Exhibit 10.1
AMENDMENT TO COMMERCIAL SUBLEASE
This Amendment to Commercial Sublease (Amendment) is made by, eGain Corporation (Sublandlord) and Adesto Technologies Corporation (Subtenant), this 2nd day of November 2015 (Amendment Date).
RECITALS:
A. Sublandlord is subleasing to Subtenant the premises at 1250 Borregas Avenue, Sunnyvale, CA 94089 (Sublease Premises) in accordance with that Commercial Sublease dated May 2015, as amended, (Sublease).
B. This subtenancy is subject to all the terms and conditions of the Original Lease dated May 9, 2011 (Original Lease) between D.R. Stephens (Landlord), and eGain Corporation (Tenant) and the Original Lease, as amended (Lease).
C. The dates pertaining to eGains rent abatement and Tenant Improvements from Landlord are hereby amended to accommodate the six month sublease and are accordingly pushed out six months.
D. Subtenant will do nothing and will not fail to take any action that will create a breach by Sublandlord as Tenant, of any of the terms or conditions of the Lease.
1. | Term of Sublease |
The term of the Sublease is hereby extended to July 31, 2016.
2. | Rent |
Base Rent: $47,087.15 per month beginning on February 5, 2016. Base Rent for the first month beginning on February 5, 2016 to be prorated for the 25 days of the Sublease extension term beginning February 5, 2016 for such period will be in the amount of $40,592.37 for such 25 day period.
3. | Security Deposit |
Subtenant will deposit an additional $14,235.65 on the start of the extension term for a total security deposit of $47,087.15 when added to the existing security deposit in the amount of $32,851.50 with Sublandlord as security for Subtenants performance of this Sublease. Sublandlord will refund this security deposit to Subtenant at the end of the Sublease if Subtenant returns the Sublease Premises in the original condition, except any normal wear and tear, and Subtenant has paid Sublandlord all sums due under this sublease. Otherwise, Sublandlord may deduct any amounts required to place the Sublease Premises in good condition and to pay any sums due under the Sublease.
4. | Interpretation |
In the event of any conflict between any provision of this Amendment and any other provision of this Sublease, the provision of this Sublease shall govern and take precedence.
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By: | Charles Messman | Title: | VP of Finance |
Signature: | /s/ Charles Messman | Date: | 11/2/2015 |
Adesto Technologies
By: | Ron Shelton | Title: | CFO |
Signature: | /s/ Ron Shelton | Date: | 11/2/2015 |
D.R. Stephens
By: | Lane Stephen | Title: | Manager |
Signature: | /s/ Lane Stephen | Date: | 11/2/2015 |
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