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Exhibit 10.20
AMENDMENT NO. 1
TO
SUBLEASE AGREEMENT
This amendment ("Amendment") is entered into this 14th day of April 2000 and
modifies the Sublease Agreement by and between Wyse Technology Inc.
(hereinafter "Sublessor") and Oplink Communications Inc. (hereinafter
"Sublessee") and Wyse Technology Investments Inc. (hereinafter "Landlord")
which is dated 29 February 2000.
The provisions of this Amendment are intended to modify certain provisions of
the Sublease. Where the provisions of the Amendment are specifically stated
and differ from those in the Sublease, the provisions of the Amendment shall
control. All other terms and conditions remain unchanged.
For consideration of additional rent, covenants, agreements and conditions
herein contained, Sublessor, Sublessee and the Landlord hereby agree as
follows:
1. SUBLEASED PREMISES. The Sublease consists of certain
premises which constitute approximately 62,023 square feet
of the building located at 3475 North First St., San Jose,
CA 95134 (hereinafter referred to as "Premises") which are
a portion of the property ("Campus") which is the subject
of that certain Lease dated March 19, 1993 (and as amended
and restated) between Sublessor and Landlord.
The amendment shall add the following space to the
Premises: Approximately 16,059 square feet of the first
floor of the building located at 3471 N. First St. San
Jose, CA 95134. Hereafter, the term Premises shall be
amended to include this additional space.
Sublessor hereby subleases to Sublessee, and Sublessee hereby subleases from
Sublessor, for the term and upon conditions herein after set forth, the added
space as described above and as shown on the drawing attached hereto as
Exhibit A and incorporated herein by this reference.
The total Subleased Premises now contains approximately 77,523 rentable
square feet. Landlord hereby provides his unqualified consent to this
Amendment of the Sublease.
2. TERM. Subject to the terms and conditions set forth herein,
the term of Amendment shall commence on or about April 14,
2000 (the "Commencement Date"), and shall terminate
contemporaneously with the Sublease on February 28, 2005,
except that it is understood and agreed by the Sublessee
and the Sublessor that the right and interest of Sublessee
under this Sublease are derivative of those of Sublessor
under the Lease between Sublessor Landlord and not any
greater than such rights and interest of Sublessor as to
the Subleased Premises.
3. RENEWAL OPTION. The Renewal Option set forth in the
Sublease also applies to the Amendment.
4. USE. Sublessee is permitted to use the Subleased Premises
for office space only.
1.
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5. RENT.
(a) During the term of this Sublease, and commencing
on the Commencement Date Sublessee covenants and
agrees to pay to Sublessor $1.90 per rentable
square foot (RSF) per month as Base Rate for the
additional premises, without previous notice or
demand. The monthly total monthly rent, therefore,
will increase by the amount of $30, 512.10 from
$108,540.25 to a combined total of $ 139052.35.
The rent payment shall be delivered to Sublessor
on or before the first day of each calendar month
during the term of the sublease hereof, with the
first such monthly installment to be paid upon the
signature of the Sublease.
(b) If the Commencement Date shall occur on a date
other than the first day of a calendar month,
Sublessee shall pay to Sublessor on the first day
of the month next succeeding the Commencement Date
a sum equal to one-thirtieth (1/30) of the months
rent installment of the Base Rate set forth above,
multiplied by the number of days of the calendar
month in which the Commencement Date occurred.
This pro-rata payment of the Base Rate for the
portion of the month of the Commencement Date
shall be in addition to the monthly installment of
the Base Rate applicable to that month.
(c) Increases to Base Rent. At the end of the 2nd year
of the term, the rent for this additional space
shall increase by 3%. The base rate shall then be
$1.96 per RSF. Thereafter, the base rent shall
remain unchanged for the balance of the term.
(d) As security for Sublessee's faithful performance
under the Sublease, Sublessee shall upon execution
of the Sublease increase the sum of the security
deposit by $ 30,512 (equaling one month's Base
Rate) for security deposit.
(e) The rent for the space added by this Amendment is
"gross" in that utilities and property taxes are
included.
6. CONDITION OF ADDED SPACE. Sublessee hereby agrees to accept
the added space on an "as is", "as built" condition on the
Commencement Date of the term of this Sublease, it being
understood and agreed that Sublessor makes no warranties,
express or implied, as to this space including by way of
example, and not limitation, any warranties of suitability,
fitness for purpose of use or habitability, except that
Sublessor will make it available to Sublessee on or before
14 April 2000.
7. UTILITIES. Included in the Base Rent for the added space
leased under this Amendment.
8. Each of the parties hereby represents that it has not
obtained the services of a real estate broker or agent for
the purposes of leasing the Subleased Premises and that
2.
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it will indemnify and hold harmless the other parties from
such claims in the event that any other party established a
right derived from such indemnifying party to receive
commissions or any payment as a consequence of this
Sublease. Any or all brokers fees are the subject of
separate agreement(s) and Sublessee acknowledges that
neither Sublessor or Landlord have any obligation
thereunder for the payment of any fees whatsoever.
In witness whereof, the parties hereto have caused this instrument to be
executed in triplicate as of the date first written above.
SUBLESSEE SUBLESSOR
OPLINK COMMUNICATIONS INC. WYSE TECHNOLOGY INC.
BY /s/ Joseph Liu BY: /s/ Douglas Chance
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Joseph Liu Douglas Chance
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(Print or type name) (Print or type name)
CEO President and CEO
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(Title) (Title)
04/10/00 14 April 2000
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(Date) (Date)
LANDLORD
WYSE TECHNOLOGY INVESTMENTS INC.
BY: /s/ Douglas Chance
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Douglas Chance
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(Print or type name)
President
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(Title)
14 April 2000
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(Date)
3.
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EXHIBIT A
DRAWING OF ADDED SPACE, BUILDING THREE
(attached)
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[FLOOR PLAN]
