Virginia-Ashburn Lease [Amendment No. 1] - TrizecHahn LLC and Equinix Inc.
FIRST AMENDMENT TO DEED OF LEASE
THIS FIRST AMENDMENT TO DEED OF LEASE ("First Amendment") is made this
22/nd/ day of March, 2001, by and between TRIZECHAHN [*] LLC, a Delaware limited
liability company ("Landlord"), and EQUINIX, INC., a Delaware corporation
("Tenant").
W I T N E S S E T H:
WHEREAS, by that certain Deed of Lease dated July 1, 2000 (the
"Lease"), Landlord leased to Tenant, and Tenant leased from Landlord,
approximately [*] square feet of rentable area comprising the entire building
located at [*], Ashburn, Virginia, upon the terms and conditions set forth in
the Lease;
WHEREAS, the Base Rent Per Square Foot Per Annum upon which the
parties agreed is correctly set forth in Section 4.A. of the Lease, but the Base
Rent Per Annum and Monthly Base Rent which are based upon such Base Rent Per
Square Foot Per Annum were incorrectly stated therein, because during the course
of negotiation of the Lease the square footage of the Premises changed, and,
while the Base Rent Per Square Foot Per Annum did not change and has always
reflected the agreement of the parties, the computation of the Base Rent on an
annual and monthly basis did not reflect the change in square footage of the
Premises,
____________________
*CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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which resulted in discrepancies among the respective amounts of the Base Rent
Per Square Foot Per Annum set forth in said Section 4.A., on the one hand, and
the Base Rent Per Annum and Monthly Base Rent set forth in said Section 4.A., on
the other hand; and
WHEREAS, Landlord and Tenant desire to amend the Lease in order to
correct the aforesaid discrepancy, as more particularly set forth herein.
NOW, THEREFORE, for and in consideration of the mutual promises herein
contained, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto mutually agree
as follows:
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1. Any capitalized terms used in this First Amendment and not otherwise
defined herein shall have the meanings ascribed to them in the Lease.
2. Section 4.A. of the Lease is hereby amended by (i) deleting therefrom
the following language:
Base Rent
Per Square Foot Base Rent Monthly
"Time Period Per Annum Per Annum Base Rent
----------- --------- --------- ---------
Lease Commencement $[*] $[*] $[*]
Date - May 31, 2001
June 1, 2001-
May 31, 2002 $[*] $[*] $[*]
June 1, 2002-
May 31, 2003 $[*] $[*] $[*]
June 1, 2003-
May 31, 2004 $[*] $[*] $[*]
June 1, 2004-
May 31, 2005 $[*] $[*] $[*]
June 1, 2005-
May 31, 2006 $[*] $[*] $[*]
June 1, 2006-
May 31, 2007 $[*] $[*] $[*]
June 1, 2007-
May 31, 2008 $[*] $[*] $[*]
June 1, 2008-
May 31, 2009 $[*] $[*] $[*]
June 1, 2009-
May 31, 2010 $[*] $[*] $[*]";
and (ii) inserting the following language in lieu thereof:
_____________________
*CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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Base Rent Per
Square Foot Base Rent Monthly
"Time Period Per Annum Per Annum Base Rent
----------- --------- --------- ---------
Lease Commencement $[*] $[*] $[*]
Date - May 31, 2001
June 1, 2001-
May 31, 2002 $[*] $[*] $[*]
June 1, 2002
May 31, 2003 $[*] $[*] $[*]
June 1, 2003-
May 31, 2004 $[*] $[*] $[*]
June 1, 2004-
May 31, 2005 $[*] $[*] $[*]
June 1, 2005-
May 31, 2006 $[*] $[*] $[*]
June 1, 2006-
May 31, 2007 $[*] $[*] $[*]
June 1, 2007-
May 31, 2008 $[*] $[*] $[*]
June 1, 2008-
May 31, 2009 $[*] $[*] $[*]
June 1, 2009-
May 31, 2010 $[*] $[*] $[*]".
3. Landlord and Tenant represent and warrant to each other that the person
signing this First Amendment on its behalf has the requisite authority and power
to execute this First Amendment and to thereby bind the party on whose behalf it
is being signed.
4. Landlord and Tenant represent and warrant to each other that neither of
them has employed any broker in procuring or carrying on any negotiations
relating to this First Amendment. Landlord and Tenant shall indemnify and hold
each other harmless from any loss, claim or damage relating to the breach of the
foregoing representation and warranty by the indemnifying party.
_____________________
*CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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5. Except as expressly amended and modified herein, all terms, conditions
and provisions of the Lease shall remain unmodified and in full force and
effect. In the event of any conflict between the terms and conditions of the
Lease and the terms and conditions of this First Amendment, the terms and
conditions of this First Amendment shall govern and control.
IN WITNESS WHEREOF, Landlord and Tenant have executed this First
Amendment to Deed of Lease as of the day and year first hereinabove written.
WITNESS: LANDLORD
TRIZECHAHN [*] LLC, a Delaware
limited liability company
/s/ [signature illegible] By: /s/ Paul L. Schulman
------------------------------------- -----------------------------------
Name: Paul L. Schulman
-----------------------------
Its: Vice President
------------------------------
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
_________________________
*CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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[SIGNATURES CONTINUED FROM PREVIOUS PAGE]
ATTEST: TENANT
------
[Corporate Seal] EQUINIX, INC., a Delaware corporation
By: ___________________________ By: /s/ Keith D. Taylor
--------------------------------
Name: __________________________ Name: Keith D. Taylor
-------------------------------
Its: ___________________________ Its: VP Finance
-------------------------------
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