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Consent to Sublease Agreement
Consent to Sublease Agreement (18K)
Doc #167813: Click preview link for longer preview.
CONSENT TO SUBLEASE AGREEMENT
This Consent to Sublease Agreement (this "Agreement") is made as of the 23rd day of April, 2003 by and among BRIDGEPOINT PROPERTY TRUST, a Maryland real estate investment trust ("Landlord"), CONCERO GROUP, L.P., a Texas limited partnership ("Tenant") and MYRIAD DEVELOPMENT, INC., a Texas corporation ("Subtenant").
WHEREAS, Investors Life Insurance Company of North America ("Original Landlord") and PSW Technologies, Inc. ("Original Tenant") entered into that certain Bridgepoint Lease Agreement dated October 31, 1996, as amended by Amendment to Bridgepoint Lease Agreement dated September 30, 1997, that certain Second Amendment to Lease dated as of July 19, 2002, and that certain Third Amendment to Lease dated as of December 30, 2002 (as so amended, the "Lease") for certain premises located at 6300 Bridgepoint Parkway, Austin, Texas, as more particularly described in the Lease (the "Premises"); and
WHEREAS, Tenant succeeded to the interest of Original Tenant under the Lease and Landlord has succeeded to the interest of Original Landlord under the Lease; and
WHEREAS, Tenant and Subtenant desire to enter into the Sublease (the "Sublease"), a copy of which is attached hereto as Exhibit A, for the Subtenant's use and occupancy of approximately 8,455 rentable square feet of the Premises (the "Sublease Premises") shown on the floor plan attached hereto as Exhibit B; and
WHEREAS, Landlord has agreed to consent to the Sublease subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:
1. Landlord hereby consents to the Sublease, subject to and upon the terms and conditions hereof and in reliance of the representations, warranties and agreements contained herein. Tenant and Subtenant acknowledge and agree that (i) Landlord is not a party to the Sublease and is not bound by the provisions thereof, (ii) Landlord has not and will not review or pass upon any of the provisions of the Sublease, (iii) the Sublease will not be modified or amended in any way without the prior written consent of Landlord and (iv) the Sublease is intended to grant Subtenant a subleasehold interest and is not an assignment of Tenant's interest under the Lease and consequently notwithstanding anything to the contrary contained in the Sublease the term of the Sublease shall expire no later than one (1) day prior to the expiration or earlier termination of the term of the Lease. Nothing herein contained shall be construed as a consent to, or approval by Landlord of, any of the provisions of the Sublease, but is merely a consent to the act of subletting by Tenant to Subtenant. To the extent of any inconsistencies between the terms of the Sublease and the terms of the Lease or this Agreement, the terms of the Lease or this Agreement shall prevail. In furtherance of the foregoing, Tenant and Subtenant agree that (i) Landlord's obligations to Tenant are governed only by the Lease and this Agreement, (ii) Landlord shall not be bound or estoppel by any provisions of the Sublease,
167813
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REIT Management
As referenced in this Consent to Sublease Agreement:
REIT Management & Research LLC
– or the first date such delivery is
attempted and refused) to the addressee.
4
{PAGE}
If to Landlord: Bridgepoint Property Trust
c/o REIT Management & Research LLC
800 West 34th Street, Suite 220
Austin, TX 78705
Attention: Area Manager
with a copy to: Bridgepoint Property Trust
400 Centre Street
_____________
dt 187232
;
Bridgepoint Property Trust;
Concero Group, L.P.;
| Myriad Development, Inc.;
Concero Inc
|
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Consent to Sublease
Consent to Sublease (61K)
Doc #273923: Click preview link for longer preview.
CONSENT TO SUBLEASE
CONSENT dated December 30, 2002, between 444 MADISON, L.L.C., a New York limited liability company having an office at 444 Madison Avenue, New York, New York ("Landlord"), Siebel Systems, Inc., a Delaware corporation, having an office at 2207 Bridgepoint Parkway, San Mateo, CA 94404 ("Tenant"), and Avenue A, Inc., a Washington corporation having an office at 444 Madison Avenue, New York, New York ("Subtenant").
RECITAL
Landlord and Tenant entered into a lease dated April 30, 1999, as amended (the "Lease"), covering approximately 28,610 rentable square feet (the "Demised Premises") of the building known as 444 Madison Avenue, New York, New York. The Demised Premises are more particularly described in the Lease.
Tenant desires to sublet to Subtenant a portion (the "Subleased Premises") of the Demised Premises pursuant to the sublease agreement (the "Sublease") attached hereto as Exhibit A. Landlord is willing to consent to the sublet on the terms set forth in this Consent.
Accordingly, the parties hereto agree as follows:
1. Subject to the provisions of this Consent, Landlord hereby consents to the sublet.
2. The Consent shall not be construed in any manner to modify, waive or affect any of the terms, covenants, conditions or agreements contained in the Lease, or to waive any breach or default by Tenant under the Lease.
3. Tenant shall not be released from, and Tenant shall be and remain liable for, the performance and observation of all of the terms, covenants, conditions and agreements contained in the Lease, including, without limitation, the payment of the fixed rent, additional rent and all other sums now or hereafter due under the Lease.
4. Notwithstanding any provision of this Consent or the Sublease: (a) the sublet shall be subject and subordinate at all times to the Lease and this Consent, and to all of the terms, covenants, conditions and agreements contained in the Lease and this Consent. (b) Subtenant shall not do permit or suffer anything to be done in, or in connection with, the Subtenant's use or occupancy of the Subleased Premises which would violate any of the terms, covenants, conditions or agreements contained in the Lease, including, without limitation. the use of the Demised Premises permitted by the Lease, and (c) except for the provisions of this Consent, there shall be no privity of estate or contract between Landlord and Subtenant with respect to the Lease, the Sublease or the Subleased Premises.
5. This Consent shall not be construed as a consent by the Landlord to, or as permitting, any other further subletting or assignment by Tenant or Subtenant.
6. Upon the expiration or any earlier termination of the Lease, or upon the surrender of the Lease by Tenant to Landlord, the Sublease and the term thereof shall terminate as of the
1.
{PAGE}
effective date of such expiration, termination or surrender, and Subtenant shall vacate the Subleased Premises on such date unless Landlord shall elect, at Landlord's sole option, to continue the Sublease as a direct lease between Landlord and Subtenant, in which event Subtenant shall execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord whereby Subtenant shall agree to attorn to Landlord, except that the Landlord shall not be (a) liable for any previous act or omission of Tenant under the Sublease, (b) subject to any offset, not expressly provided in the Lease or (c) bound by any modification of the Sublease or any prepayment of any fixed rent, additional rent or other sums for more than one month in advance.
7. The Sublease shall not be valid until (a) an original, executed counterpart of the Sublease has been delivered to Landlord and (b) any Guarantor of the Lease acknowledges its consent to the Sublease and agrees, for the benefit of Landlord and Landlord's successors and assigns, that the obligations and liabilities of the Guarantor under the Guaranty shall not in any manner be released, relieved or otherwise affected by the Sublease. If the conditions of this paragraph have not been complied with on or before the 60th day following the date of this Consent, this Consent shall be deemed null and void and of no further force or effect.
273923
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Avenue A
As referenced in this Consent to Sublease:
Avenue
A, Inc – York, New
York ("Landlord"), Siebel Systems, Inc., a Delaware corporation, having an
office at 2207 Bridgepoint Parkway, San Mateo, CA 94404 ("Tenant"), and Avenue
A, Inc ., a Washington corporation having an office at 444 Madison Avenue, New
York, New York ("Subtenant").
RECITAL
Landlord and Tenant entered into a _____________
Avenue A, Inc – Siebel Systems, Inc., a Delaware corporation
By: /s/ Jeffrey Amann
-----------------------------------------
Name: Jeffrey Amann
---------------------------------------
Its: Senior Vice President and General Counsel
----------------------------------------
2.
{PAGE}
SUBTENANT
Avenue A, Inc ., a Washington corporation
By: /s/ Tom Sperry
-----------------------------------------
Name: Tom Sperry
---------------------------------------
Its: President
----------------------------------------
3.
{PAGE}
SUBLEASE
This Sublease ("Sublease"), dated December 30, 2002 ( _____________
Avenue A, Inc – Sublease ("Sublease"), dated December 30, 2002 (the "Execution Date"),
is entered into by and between Siebel Systems, Inc., a Delaware corporation
("Sublandlord"), and Avenue A, Inc ., a Washington corporation ("Subtenant").
1. Basic Provisions.
1.1 Sublease Premises: The "Sublease Premises" under this Sublease consists
of approximately 3,418 _____________
Avenue A, Inc – Sublandlord and Subtenant have executed this Sublease
on the dates set forth below, intending to be bound hereby.
SUBLANDLORD: SUBTENANT:
Siebel Systems, Inc., Avenue A, Inc .,
a Delaware corporation a Washington corporation
By: /s/ Jeffrey Amann By: /s/ Tom Sperry
------------------------------------ ------------------------------------
Name: Jeffrey Amann Name: Tom Sperry
---------------------------------- ----------------------------------
Its: Senior _____________
dt 182347
;
|
Siebel Systems
As referenced in this Consent to Sublease:
Siebel Systems, Inc. – SUBLEASE
CONSENT dated December 30, 2002, between 444 MADISON, L.L.C., a New York
limited liability company having an office at 444 Madison Avenue, New York, New
York ("Landlord"), Siebel Systems, Inc. , a Delaware corporation, having an
office at 2207 Bridgepoint Parkway, San Mateo, CA 94404 ("Tenant"), and Avenue
A, Inc., a Washington corporation having an office at 444 Madison Avenue, _____________
Siebel Systems, Inc. – duly executed this Consent as
of the day and year first above written.
LANDLORD
444 MADISON ASSOCIATES. L.L.C.
By: /s/ Henry Gross
-----------------------------------------
Name: Henry Gross
---------------------------------------
Its: President
----------------------------------------
TENANT
Siebel Systems, Inc. , a Delaware corporation
By: /s/ Jeffrey Amann
-----------------------------------------
Name: Jeffrey Amann
---------------------------------------
Its: Senior Vice President and General Counsel
----------------------------------------
2.
{PAGE}
SUBTENANT
Avenue A, Inc., a Washington corporation
By: /s/ Tom _____________
Siebel Systems, Inc. – Washington corporation
By: /s/ Tom Sperry
-----------------------------------------
Name: Tom Sperry
---------------------------------------
Its: President
----------------------------------------
3.
{PAGE}
SUBLEASE
This Sublease ("Sublease"), dated December 30, 2002 (the "Execution Date"),
is entered into by and between Siebel Systems, Inc. , a Delaware corporation
("Sublandlord"), and Avenue A, Inc., a Washington corporation ("Subtenant").
1. Basic Provisions.
1.1 Sublease Premises: The "Sublease Premises" under this Sublease consists
of approximately 3, _____________
Siebel Systems, Inc. – one and the
same instrument.
15.
{PAGE}
In Witness Whereof, Sublandlord and Subtenant have executed this Sublease
on the dates set forth below, intending to be bound hereby.
SUBLANDLORD: SUBTENANT:
Siebel Systems, Inc. , Avenue A, Inc.,
a Delaware corporation a Washington corporation
By: /s/ Jeffrey Amann By: /s/ Tom Sperry
------------------------------------ ------------------------------------
Name: Jeffrey Amann Name: Tom Sperry
---------------------------------- ----------------------------------
Its: Senior Vice President
and General _____________
Siebel Systems, Inc. – B
MASTER LEASE
{PAGE}
Exhibit C
Sublease Commencement Date Certificate
, 2002
------------
---------------------
---------------------
---------------------
Re: Commencement Letter with respect to that certain Sublease dated as of
the day of , 2002, by and between Siebel Systems, Inc. , as
---- ------
Sublandlord, and , as Subtenant, for approximately
--------------------
rentable square feet on the 5th floor of the Building located at
-----
, , .
-------------------- ---------- ------
Dear :
In accordance with the terms and conditions of the _____________
dt 1372175
;
444 Madison, L.L.C.
|
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Consent to Sublease
Consent to Sublease (127K)
Doc #284442: Click preview link for longer preview.
CONSENT TO SUBLEASE
This Consent (the "Consent") to Sublease is entered into this
30th day of August, 2001 by and between Condiotti Enterprises, a
California Corporation ("Lessor"), Gateway Financial Corporation, a
California Corporation (Lessee/ "Sublessor"), and BioMarin
Pharmaceutical Inc., a Delaware Corporation ("Sublessee"). Lessor,
Sublessor, and Sublessee will be referred to collectively as the
"Parties" with reference to . . .
284442
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BioMarin Pharma
As referenced in this Consent to Sublease:
BioMarin
Pharmaceutical – 30th day of August, 2001 by and between Condiotti Enterprises, a
California Corporation ("Lessor"), Gateway Financial Corporation, a
California Corporation (Lessee/ "Sublessor"), and BioMarin
Pharmaceutical Inc., a Delaware Corporation ("Sublessee"). Lessor,
Sublessor, and Sublessee will be referred to collectively as the
"Parties" with reference to the following facts:
_____________
BioMarin
Pharmaceutical – OF SUBLEASE
1. PARTIES
This Sublease, dated July 27, 2001, is entered into by Gateway Financial
Corporation, a California Corporation, Inc. ("Sublessor"), and BioMarin
Pharmaceutical Inc., a Delaware Corporation ("Sublessee"), is subject to that
certain Standard Industrial Lease Agreement dated February 14, 1996, and addenda
and amendments (collectively, _____________
BioMarin Pharmaceutical, – such other places as may be
designated from time to time by the parties pursuant to the provisions of this
section.
SUBLESSEE SUBLESSOR
BioMarin Pharmaceutical, Inc. Gateway Financial Corporation
371 Bel Marin Keys Boulevard 767 Lincoln Avenue, Suite 4
Novato, CA 94949 San Rafael, CA 94901
Attention: _____________
dt 241188
| |
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 | 2001 |
Consent to Sublease
Consent to Sublease (64K)
Doc #120471: Click preview link for longer preview.
CONSENT TO SUBLEASE
This Consent to Sublease (this "CONSENT") is made as of May 17, 2001, by ARETECHNOLOGY CENTER SSF, LLC, a Delaware limited liability company, having an address of 135 North Los Robles Avenue, Suite 250, Pasadena, California 91101 ("LANDLORD"), VIROLOGIC, INC., a Delaware corporation, having an address of 270 East Grand Avenue, South San Francisco, California 94080 ("TENANT"), and DIADEXUS, INC., a Delaware corporation, having an address of the Premises (defined below) ("SUBLESSEE") with reference to the following Recitals.
RECITALS
A. Trammell Crow Northern California Development, Inc., Landlord's predecessor-in-interest, and Tenant entered into that certain Lease dated as of November 23, 1999 (the "ORIGINAL LEASE"), as amended by that certain First Amendment to Lease Agreement dated as of February __, 2000 (the "FIRST AMENDMENT"), by and between Tenant and Landlord, with respect to certain premises described in the Original Lease as being located at 335 Oyster Point Boulevard, South San Francisco, California (the "PREMISES"), and more particularly described in the Original Lease. Notwithstanding the description in the Original Lease of the street address of the Premises as being 335 Oyster Point Boulevard, South San Francisco, California, the actual street address of the Premises is 343 Oyster Point Boulevard, South San Francisco, California. As used herein, "LEASE" shall mean the Original Lease, as amended by the First Amendment.
B. Tenant desires to sublease to Sublessee a portion of the Premises consisting of approximately 40,350 rentable square feet (the "SUBLEASED PREMISES") more particularly described in and pursuant to the provisions of that certain Sublease dated May 17, 2001 (the "SUBLEASE"), a copy of which is attached hereto as Exhibit A.
C. Tenant desires to obtain Landlord's consent to the Sublease.
NOW, THEREFORE, in consideration of the foregoing and the agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord hereby consents to the sublease of the Subleased Premises to Sublessee, such consent being subject to and upon the following terms and conditions to which Tenant and Sublessee hereby agree:
1. All initially capitalized terms not otherwise defined in this Consent shall have the meanings set forth in the Lease unless the context clearly indicates otherwise.
2. This Consent shall not be effective and the Sublease shall not be valid unless and until Landlord shall have received: (a) a fully executed original copy of the Sublease, (b) a fully executed original counterpart of this Consent, and (c) reimbursement from Tenant in the amount
120471
|
Alexandria
As referenced in this Consent to Sublease:
Alexandria Real Estate Equities, L.P. – to execute this Consent as of the date first above
written.
LANDLORD: ARE-TECHNOLOGY CENTER SSF, LLC,
a Delaware limited liability company
By: Alexandria Real Estate Equities, L.P. ,
a Delaware limited partnership
its managing member
By: ARE-QRS CORP.,
a Maryland corporation,
its general partner
By: /s/ MICHAEL C. KELEY
--------------------------------
_____________
dt 117494
;
ViroLogic
As referenced in this Consent to Sublease:
VIROLOGIC, – CENTER SSF, LLC, a Delaware limited liability company, having an
address of 135 North Los Robles Avenue, Suite 250, Pasadena, California 91101
("LANDLORD"), VIROLOGIC, INC., a Delaware corporation, having an address of 270
East Grand Avenue, South San Francisco, California 94080 ("TENANT"), and
DIADEXUS, INC., a _____________
VIROLOGIC, – a Maryland corporation,
its general partner
By: /s/ MICHAEL C. KELEY
--------------------------------
Michael C. Keley
Its: Senior Vice President
--------------------------------
Real Estate Legal Affairs
TENANT: VIROLOGIC, INC.,
A Delaware corporation
By: W. D. YOUNG
----------------------------------------
Its: CEO
----------------------------------------
SUBLESSEE: DIADEXUS, INC.,
a Delaware corporation
By: MOHAN S. IYER
----------------------------------------
Its: V. _____________
VIROLOGIC, – 1
{PAGE}
EXHIBIT A
SUBLEASE
Attached
A-1
{PAGE}
SUBLEASE
THIS SUBLEASE ("Sublease"), dated May 17, 2001, is entered into by and between
VIROLOGIC, INC., a Delaware corporation ("Sublandlord"), and DIADEXUS, INC., a
Delaware corporation ("Subtenant").
RECITALS
A. Sublandlord leases certain premises (the "Premises") consisting of
_____________
VIROLOGIC, – in the Master Lease for receipt of
notices to each of the parties are deleted and replaced with the following:
TO SUBLANDLORD AT: VIROLOGIC, INC.
270 East Grand Avenue
South San Francisco, CA 94080
Attn: Karen Wilson/Kathy Hibbs
TO SUBTENANT AT: the Sublease Premises
All _____________
VIROLOGIC, – shall constitute one
agreement.
10.
{PAGE}
IN WITNESS WHEREOF, the parties have executed this Sublease as of the date
first written above.
SUBLANDLORD: VIROLOGIC, INC., SUBTENANT: DIADEXUS, INC.
a Delaware corporation a Delaware corporation
By: /s/ W. D. YOUNG By: /s/ MOHAN S. IYER
-------------------------- -----------------------------
Print Name: _____________
dt 134957
;
| Diadexus Inc
|
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 | 2001 |
Consent to Sublease
Consent to Sublease (8K)
Doc #278612: This document is immediately available for purchase, but does not have a preview available for viewing.
278612
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