Sample Business Contracts

California-Santa Clara-2445 Mission College Boulevard Lease [Amendment No. 5] - Sobrato Interests and 8x8 Inc.

Free Customizable Lease Forms

Commercial Lease. Start a state-specific lease for the rental of commercial property. Specify the term and rent due, as well as whether the landlord or tenant is responsible for property taxes, insurance, and maintenance and repairs.
Commercial Sublease. When a tenant vacates commercial property before the lease term has expired, it may be able to rent the premises to a third party. The tenant would be the sublessor and the third party would be the sublessee. Besides preparing a sublease, both parties will want to review the provisions for assignment or subletting in the original lease agreement between the landlord and the sublessor.
Sublease Agreement. Tenants of residential property should prepare a sublease agreement if they are seeking to sublease a room or the entire apartment or house to a third party. All parties should review the original lease agreement to see if there are any restrictions on subletting or assigning the premises.
Triple Net Lease. Triple net leases are a type of commercial leases where the tenant has to pay for property taxes, insurance, utilities, and maintenance, in addition to the monthly rent.
Office Space Lease. When renting an office space, tenants should understand the amount of the rent and duration of the lease. Other important terms include whether the space can be subleased, which parties are responsible for maintenance, and whether any furniture and furnishings will be provided.

Sponsored Links

<PAGE>   1

                            FIFTH AMENDMENT TO LEASE

This fifth amendment to lease ("Fifth Amendment") is made this 26th day of
January, 1998 by and between Sobrato Interests, a California limited partnership
having an address at 10600 North De Anza Boulevard., Suite 200, Cupertino,
California 95014 ("Landlord") and 8x8, Inc., a Delaware corporation ("Tenant").

                                   WITNESSETH

WHEREAS Landlord and Tenant (under the name Integrated Information Technology)
entered into a lease dated July 3, 1990, a lease amendment dated March 31, 1991,
a second amendment dated March 22, 1994, a third amendment dated December 18,
1995, and a fourth amendment to Lease dated March 18, 1997 (collectively the
"Lease") for the premises located at 2445 Mission College Boulevard, California
("Premises"); and

WHEREAS effective February 1, 1998 (the "Effective Date"), Landlord and Tenant
wish to modify the Lease to eliminate the second floor from the space comprising
the Premises;

NOW, THEREFORE, in order to effect the intent of the parties as set forth above
and for good and valuable consideration exchanged between the parties, the Lease
is amended effective February 1, 1998 as follows:

1. The Premises shall consist of the first floor of the Building excluding those
areas cross-hatched on Exhibit "A" attached hereto. The resulting square footage
is 45,623 square feet, determined pursuant to the Square Footage Analysis
included in Exhibit "A".

2. Beginning on the Effective Date, and continuing through expiration date of
the Lease, the monthly rent shall be equal to the sum of Seventy Nine Thousand
Eight Hundred Forty and 25/100 Dollars ($79,840.25) ($1.75 psf X 45,623 sf).

3. The Building has a separate HVAC, electrical, plumbing and metering systems
serving each floor. Consequently, no proration of these cost between the two
occupants of the Building will be required.

4. All defined terms shall have the same meanings as in the Lease, except as
otherwise stated in this Fifth Amendment.

5. Except as hereby amended, the Lease and all the terms, covenants and
conditions thereof shall remain unmodified and in full force and effect. In the
event of any conflict or inconsistency between the terms and


<PAGE>   2

Page 2
January 23, 1998

provisions of this Fifth Amendment and the terms and provisions of the Lease,
the terms and provisions of this Fifth Amendment shall prevail.

IN WITNESS WHEREOF, the parties hereto have set their hands to this Fourth
Amendment as of the day and date first above written.

     Landlord                               Tenant
     Sobrato Interests,                     8x8, Inc.,
     a California limited partnership       a Delaware corporation

        By: /s/  J. M. SOBRATO              By: /s/ Sandra Abbott
           ----------------------------         --------------------------------
        Its: General Partner                Its: Vice President Finance