Common use of GUARANTEE OF LEASE Clause in Contracts

GUARANTEE OF LEASE. This Lease is guaranteed by PMC-Sierra, Inc., a Delaware corporation ("Guarantor"), as evidenced by that certain Guarantee of Lease dated January 9, 2001, by and between Lessor and Guarantor, a sample of which Guarantee of Lease is shown as Exhibit H attached hereto and incorporated herein by reference. EXHIBIT A FLOOR PLAN See Attached EXHIBIT B WORK LETTER AGREEMENT THIS AGREEMENT entered into as of January 9, 2001, defines the scope of work to be provided by Transwestern - Robinson I, LLC, a Delaware limited li▇▇▇▇▇▇▇ company ("Lessor") in the Premises in Crown Point Corporate Center leased by PMC - Sierra US, Inc., a Delaware corporation ("Lessee") under a Lease dated January 9, 2001. It is the intent of this Agreement that Lessee shall be permitted freedom in the interior design and layout of its space, consistent with applicable building codes and with sound architectural and construction practice, provided that no interference is caused to the operation of the building's mechanical heating, cooling or electrical systems or other building operations or functions, and no increase in maintenance or utility charges will be incurred by Lessor. Any additional cost of design, operation or maintenance which results from Lessee's deviation from Building Standard quantities or specifications shall be charged to the Lessee. Lessee shall construct the initial Tenant Improvements in the Premises (the "Tenant Improvements"). Lessee may select its own general contractor and subcontractors at its discretion. Furthermore, Lessee's general contractor and subcontractors will adhere to the rules and regulations for construction and access to the Premises to be mutually agreed upon by Lessor and Lessee. Lessor, upon presentation of invoices by Lessee on a monthly basis, shall reimburse Lessee for the cost of Lessee's design and construction of the initial Tenant Improvements up to the Improvement Allowance pursuant to Section 4 of the Rider No. 1. Lessor shall provide, at its sole cost and expense, the following Building services during the construction of the Tenant Improvements: electrical service. Lessor may charge a construction supervision fee in the amount of two and one-half percent (2 1/2%) of the Improvement Allowance. LESSOR: TRANSWESTERN - ROBINSON I, LLC, a Delaware limited liability company By: Robinson Development Group, Inc. Its: Manager By: _______________________________ Thomas E. Robinson Its: President LESSEE: PMC - Sierra US, Inc., a Delaware corporation By: _______________________________ Name: _______________________________ Its: _______________________________ EXHIBIT C SAMPLE FORM OF NOTICE OF LEASE TERM DATES To: _______________________________________ Date: ____________________ _______________________________________ RE: Office Lease dated____________,20______,between_______________ ,Lessor, and __________________________,Lessee, concerning Suite____________,(the "Premises") located at ___________________________________.

Appears in 1 contract

Sources: Office Lease (PMC Sierra Inc)

GUARANTEE OF LEASE. This All of the obligations of Tenant under the ------------------ terms and conditions of this Lease is are unconditionally guaranteed by PMC-SierraMetris Companies, Inc., a Delaware corporation (Inc. ( the "Guarantor"), as evidenced by that certain pursuant to the terms of the Guarantee of Lease dated January 9, 2001, by and between Lessor and Guarantor, a sample of which Guarantee of Lease is shown as Exhibit H attached hereto and incorporated herein by referencereference as Exhibit "H". EXHIBIT A FLOOR PLAN See Attached EXHIBIT B WORK LETTER AGREEMENT THIS AGREEMENT entered into as of January 9, 2001, defines the scope of work to be provided by Transwestern - Robinson I, LLC, a Delaware limited li▇▇▇▇▇▇▇ company ("Lessor") in the Premises in Crown Point Corporate Center leased by PMC - Sierra US, Inc., a Delaware corporation ("Lessee") under a Lease dated January 9, 2001. It is the intent of this Agreement that Lessee Such guarantee shall be permitted freedom executed by Guarantor in the interior design and layout of its space, consistent with applicable building codes and with sound architectural and construction practice, provided form reasonably satisfactory to Landlord's counsel. At any time that no interference Tenant is caused required to the operation of the building's mechanical heating, cooling or electrical systems or other building operations or functions, and no increase in maintenance or utility charges will be incurred by Lessor. Any additional cost of design, operation or maintenance which results from Lessee's deviation from Building Standard quantities or specifications shall be charged to the Lessee. Lessee shall construct the initial Tenant Improvements in the Premises (the "Tenant Improvements"). Lessee may select its own general contractor and subcontractors at its discretion. Furthermore, Lessee's general contractor and subcontractors will adhere to the rules and regulations for construction and access to the Premises to be mutually agreed upon by Lessor and Lessee. Lessor, upon presentation of invoices by Lessee on furnish a monthly basis, shall reimburse Lessee for the cost of Lessee's design and construction of the initial Tenant Improvements up to the Improvement Allowance certificate pursuant to Section 4 25 hereof, Guarantor, by guarantying the terms and conditions of this Lease, agrees that Guarantor, upon thirty (30) days prior written request to Tenant, shall certify (by written instrument, duly executed, acknowledged and delivered to Landlord and to any third person designated by Landlord in such request) that it concurs with the statements set forth in such certificate by Tenant and that its Guarantee remains in full force and effect as to all obligations to Landlord (and any such designated third party) within such thirty-day period shall constitute automatic approval of the Rider Norequested certificate as though such certificate had been fully executed and delivered to Landlord and such designated third party. 1. Lessor shall provideBy execution of this Lease and the aforesaid Guarantee, at its sole cost and expense, Guarantor agrees to deliver to Landlord the following Building services during the construction instruments and documents: (a) A certified copy of the Tenant Improvements: electrical service. Lessor may charge a construction supervision fee in the amount of two and one-half percent (2 1/2%) Resolution of the Improvement Allowance. LESSOR: TRANSWESTERN - ROBINSON IBoard of Directors of Guarantor, LLCcertified by the Secretary of Guarantor, unconditionally authorizing the execution and delivery of the Guarantee; (b) An opinion of Guarantor's counsel that (i) the Guarantee has been duly authorized by all necessary corporate action and is a Delaware limited liability company By: Robinson Development Groupvalid and binding guarantee enforceable against Guarantor in accordance with its terms; and (ii) Guarantor is a duly organized and validly existing corporation under the laws of the state of its incorporation, Inc. Its: Manager By: _______________________________ Thomas E. Robinson Its: President LESSEE: PMC - Sierra US, Inc., a Delaware corporation By: _______________________________ Name: _______________________________ Its: _______________________________ EXHIBIT C SAMPLE FORM OF NOTICE OF LEASE TERM DATES To: _______________________________________ Date: ____________________ _______________________________________ RE: Office Lease dated____________,20______,between_______________ ,Lessoris duly authorized to carry on its business, and __________________________,Lessee, concerning Suite____________,(the "Premises") located at ___________________________________is in good standing under the laws of that State.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)