California-Santa Clara-2800-2860 San Tomas Expressway Lease [Amendment] - Akamai Technologies Inc. and San Tomas Properties LLC
November 6, 2002
DIVCO West Group, LLC
San Tomas Properties, LLC
150 Spear Street
San Francisco, CA 94105
Re: Office Lease
Dear Sir or Madam:
Reference is made to that certain Office Lease by and between San Tomas
Properties, LLC ("Landlord") and Akamai Technologies, Inc. ("Akamai"), dated
June 30, 2000 (the "Lease") and ongoing discussions of the parties regarding
restructuring of the same. All capitalized terms used and not defined herein
shall have the meanings given to them in the Lease. This is to confirm the
agreement of the parties that effective upon receipt by Landlord of payment of
Rent for the month of October 2002 in the amount of $$578,811.39, such payment
date shall be retroactive, and such payment shall be considered to have been
made under the Lease without default, nunc pro tunc, as of October 1, 2002. Also
effective upon receipt of such payment by Landlord, Landlord waives any default
that may have occurred relating to delay in payment of Rent for October 2002.
All other provisions of the Lease shall remain in full force and effect. By
signing in the space provided below, you represent that you are authorized to
sign this letter agreement on behalf of Landlord, and you agree to the terms set
forth above.
Very truly yours,
Akamai Technologies, Inc.
By: /s/ Akamai Technologies, Inc.
----------------------------------
Name: Kathryn J. Meyer
Title: VP, General Counsel
Agreed and Acknowledged:
San Tomas Properties, LLC
/s/ San Tomas Properties LLC
--------------------------------------
Name: Stuart Shiff
Title: Authorized Signatory
Date: 11-06-02