This SUBLEASE AGREEMENT (this Sublease) is made effective as of July, 30, 2018, by, between and among Microchip Technology Incorporated, a Delaware corporation (Sublessor) and Eargo, Inc., a Delaware corporation (Sublessee), collectively referred to as the Parties, or individually as a Party.
A. By and through their respective predecessors-in-interest, GI TC 1600 Technology Drive, LLC, a California limited liability company (Master Lessor), as landlord, and Sublessor, as tenant, are parties to that certain Office Lease dated as of August 30, 2011, as amended by that certain First Amendment dated as of June 26, 2012 (the Master Lease), relating to certain premises located at 1600 Technology Drive, San Jose, California. A copy of the Master Lease is attached as Schedule E to this Sublease.
B. The Master Lease, Section 1.2 defines the terms Building, Premises, and Project. Where those terms are used in this Sublease, they are intended to have the same meaning as they are defined in the Master Lease.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties provide and agree as follows:
1. Sublease of Building Space. Sublessor hereby subleases to Sublessee space within the Building that is within the Premises as defined in the Master Lease, as follows:
A. That approximately 25,870 rentable square foot space on the sixth floor of the Building, which space is specifically identified on Schedule A attached to this Sublease (the Sixth Floor Sublease Premises); and
B. That approximately 4,564 rentable square foot space on the first floor of the Building, comprising (i) that approximately 3,214 rentable square foot Test/Assembly Lab (First Floor Lab), (ii) that approximately 350 rentable square foot room across the main lobby from the First Floor Lab (Lobby Room), and (ii) that approximately 1,000 rentable square foot media studio (Media Studio), which space is specifically identified on Schedule B attached to this Sublease (the First Floor Sublease Premises).
C. Except as specifically referenced herein to distinguish the Sixth Floor Sublease Premises from the First Floor Sublease Premises, reference in this Sublease to the Sublease Premises is intended to include both the Sixth Floor Sublease Premises and the First Floor Sublease Premises.
D. Sublessee shall have non-exclusive rights to the Common Areas (as defined in the Master Lease), as necessary or desirable for its use of the Sublease Premises.