Amendment to Lease Agreement dated October 16, 2017 between Full Spectrum Inc. and SCP-1, LP

Exhibit 10.4

687 N. Pastoria Ave., Sunnyvale

Siri 2-B

AMENDMENT 1 TO LEASE AGREEMENT DATED 

November 11, 2013

This Amendment 1 to Lease Agreement Dated November 11, 2013 (“Amendment 1”) is made and entered into this 16th day of October, 2017, by and between SCP-I, LP (“Landlord”), and Full Spectrum, Inc., a Delaware corporation, d.b.a. in California as Full Spectrum Networks, (Tenant), are hereinafter referred collectively as the “Parties.”

RECITALS

A.    On November 11, 2013 the Parties entered into a Lease Agreement (“Agreement”) for the premises at 687 North Pastoria Avenue, Sunnyvale, hereinafter referred to as the “Premises”.

B.    On or about August 30, 2017 Tenant expressed its desire to extend the term of the Agreement for an additional 3 years, January 1, 2018 through December 31, 2020 (“Lease Extension Period 1”) and amend the Basic Rent. The Agreement shall be amended as follows; 

Paragraph 41 (Option to Extend) of the Agreement shall be null and void as of the termination date of the Agreement (December 31, 2017) and shall have no further force or effect.

H. Terms used herein as defined terms but not defined herein shall have the meanings assigned to such terms in the Agreement.

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby amend the Agreement and agree as follows:

INITIALS:______

687 N. Pastoria Ave., Sunnyvale

Siri 2-B

A.  The term of this Lease shall be for a period of Three (3) years (unless sooner terminated as hereinafter provided) and, subject to Paragraphs 2B and 3, shall commence on the 1st day of January, 2018 and end on the 31st day of December, 2020.

A.  Basic Rent. For the Amendment 1 Lease Extension Period 1 only, Tenant agrees to pay to Landlord at such place as Landlord may designate without deduction, offset, prior notice, or demand, and Landlord agrees to accept as Basic Rent for the leased Premises the total sum of Four hundred ninety-five thousand five hundred eighty- six and 80/100 Dollars ($495,586.80) lawful money of the United States of America, payable as follows:

On January 1, 2018, the Basic Rent amount of Twelve thousand five hundred ninety-four and 70/100 Dollars ($12,594.70) and the three percent (3%) monthly Management Fee of Three hundred seventy-seven and 84/100 Dollars ($377.84) for a total due of Twelve thousand nine hundred seventy-two and 54/100 Dollars ($12,972.54) through and including December 31, 2018.

On January 1, 2019, the Basic Rent amount of Thirteen thousand four hundred seventy-three and 40/100 Dollars ($13,473.40) and the three percent (3%) monthly Management Fee of Four hundred four and 20/100 Dollars ($404.20) for a total due of Thirteen thousand eight hundred seventy-seven and 60/100 Dollars ($13,877.60) through and including December 31, 2019.

On January 1, 2020, the Basic Rent amount of Fifteen thousand two hundred thirty and 80/100 Dollars ($15,230.80) and the three percent (3%) monthly Management Fee of Four hundred fifty-six and 92/100 Dollars ($456.92) for a total due of Fifteen thousand six hundred eighty- seven and 72/100 Dollars ($15,687.72) through and including December 31, 2020.

687 N. Pastoria Ave., Sunnyvale

Siri 2-B

IN WITNESS WHEREOF, the Parties have executed this Amendment 6 to the Agreement as of the day and year last written below.

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