RVBD » Topics » Acknowledgment of Commencement of Term

These excerpts taken from the RVBD 10-K filed Feb 15, 2008.

Acknowledgment of Commencement of Term

THIS ACKNOWLEDGMENT OF COMMENCEMENT OF TERM is made as of                     , 20    , by and between GLL FREMONT STREET PARTNERS (“Landlord”) and Riverbed Technology, Inc. (“Tenant”).

R E C I T A L S :

A. Pursuant to a written lease dated as of March 21, 2007 (the “Lease”), Tenant leases from Landlord certain premises commonly known as the entire leaseable area of the 2nd through 8th floors of that certain 24-story building located at 199 Fremont Street, San Francisco, California (the “Premises”), as more particularly described in the Lease.

B. Subject to and upon the terms and conditions set forth in this Acknowledgment of Commencement of Term, the parties desire to confirm the Term.

ACCORDINGLY, the parties agree as follows:

A G R E E M E N T :

1. The parties to this Acknowledgment hereby agree to confirm the establishment of the commencement and expiration dates of the Term as follows:

(a) the date of                     , 20     , is the Commencement Date for the Term for the Premises, as defined in the Lease;

(b) the date of                     , is the scheduled Expiration Date of the Term; and

(c) the Premises consist of                      rentable square feet.

(d) the period of                     , 20     through                     , 20    , is the First Window Period during which Tenant may elect to lease the First Expansion Space;

(e) the period of                     , 20     through                     , 20    , is the Second Window Period during which time Tenant may elect to lease the Second Expansion Space;

(f) the Termination Date for the cancellation of the Lease with respect to the Early Termination Premises is                     .

2. Tenant hereby confirms the following:

(a) that on                      it accepted possession of the Premises pursuant to the terms of the Lease;

 

  

EXHIBIT E

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(b) that the improvements and space required to be furnished by Landlord for said Premises according to the Lease have been furnished, punchlist items and latent defects excepted;

(c) that other than this Acknowledgment, there has been no modification, alteration, or amendment to the Lease, except as follows [if none, write “none”]:                                                                                  ;

(d) that Tenant has not made any assignment of the Lease or any sublease of all or any portion of the Premises except as follows [if none, write “none”]:                                                                                  ;

(e) that the Lease, as confirmed, modified, and amended by this Acknowledgment, is in full force and effect and represents the entire agreement between Landlord and Tenant concerning the Premises and the matters covered by the Lease.

3. Landlord confirms that the Lease, as confirmed, modified, and amended by this Acknowledgment, is in full force and effect and represents the entire agreement between Landlord and Tenant concerning the Premises and the matters covered by the Lease.

4. This Acknowledgment, and each and all of the provisions hereof, shall inure to the benefit of, or bind, as the case may require, the parties hereto, and their respective heirs, successors, and assigns subject to the restrictions upon assignment and subletting contained in the Lease.

IN WITNESS WHEREOF, the parties have executed this Acknowledgment as of the date first above written.

 

Landlord:     Tenant:

GLL FREMONT STREET PARTNERS,

a California partnership

   

RIVERBED TECHNOLOGY, INC.,

a Delaware corporation

By:   GLL US Office L.P., a Delaware limited     By:  

 

  partnership, its Managing General Partner     Print Name:  

 

        Title:  

 

  By:  

GLL US Office Corp., a Delaware

corporation, its Managing General Partner

     
    By:  

 

     
    Print Name:  

 

     
    Its:  

 

     

 

  

EXHIBIT E

-2-

  


Acknowledgment of Commencement of
Term

THIS ACKNOWLEDGMENT OF COMMENCEMENT OF TERM is made as of
                    , 20    , by and between GLL FREMONT STREET PARTNERS (“Landlord”) and Riverbed
Technology, Inc. (“Tenant”).

R E C I T A L S :

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">A. Pursuant to a written lease dated as of March 21, 2007 (the “Lease”), Tenant leases from Landlord certain premises commonly known as
the entire leaseable area of the 2nd through 8th floors of that certain 24-story building located at 199 Fremont Street, San Francisco, California (the “Premises”), as more particularly described in the Lease.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">B. Subject to and upon the terms and conditions set forth in this Acknowledgment of Commencement of Term, the parties desire to confirm the Term.

ACCORDINGLY, the parties agree as follows:

FACE="Times New Roman" SIZE="2">A G R E E M E N T :

1. The parties to this
Acknowledgment hereby agree to confirm the establishment of the commencement and expiration dates of the Term as follows:

(a) the date of
                    , 20     , is the Commencement Date for the Term for the Premises, as defined in the Lease;

(b) the date of
                    , is the scheduled Expiration Date of the Term; and

STYLE="margin-top:12px;margin-bottom:0px; text-indent:8%">(c) the Premises consist of
                     rentable square feet.

FACE="Times New Roman" SIZE="2">(d) the period of                     , 20     through
                    , 20    , is the First Window Period during which Tenant may elect to lease the First Expansion
Space;

(e) the period of
                    , 20     through
                    , 20    , is the Second Window Period during which time Tenant may elect to lease the Second
Expansion Space;

(f) the Termination Date for the cancellation of the Lease with respect to the Early Termination Premises is
                    .

2. Tenant
hereby confirms the following:

(a) that on
                     it accepted possession of the Premises pursuant to the terms of the Lease;

STYLE="margin-top:0px;margin-bottom:0px"> 

















  

EXHIBIT E

SIZE="2">-1-

  







(b) that the improvements and space required to be furnished by Landlord for said Premises according to
the Lease have been furnished, punchlist items and latent defects excepted;

(c) that other than this Acknowledgment, there has been no
modification, alteration, or amendment to the Lease, except as follows [if none, write “none”]:
                                        
                                        
;

(d) that Tenant has not made any assignment of the Lease or any sublease of all or any portion of the Premises except as follows [if none,
write “none”]:
                                        
                                        
;

(e) that the Lease, as confirmed, modified, and amended by this Acknowledgment, is in full force and effect and represents the entire
agreement between Landlord and Tenant concerning the Premises and the matters covered by the Lease.

3. Landlord confirms that the Lease,
as confirmed, modified, and amended by this Acknowledgment, is in full force and effect and represents the entire agreement between Landlord and Tenant concerning the Premises and the matters covered by the Lease.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">4. This Acknowledgment, and each and all of the provisions hereof, shall inure to the benefit of, or bind, as the case may require, the parties hereto,
and their respective heirs, successors, and assigns subject to the restrictions upon assignment and subletting contained in the Lease.

IN
WITNESS WHEREOF, the parties have executed this Acknowledgment as of the date first above written.

 






































































































































Landlord:  Tenant:

GLL FREMONT STREET PARTNERS,

a California
partnership

  

RIVERBED TECHNOLOGY, INC.,

a Delaware
corporation

By: GLL US Office L.P., a Delaware limited  By: 

 

 partnership, its Managing General Partner  Print Name: 

 

    Title: 

 

 By: 

GLL US Office Corp., a Delaware

corporation,
its Managing General Partner

   
  By: 

 

   
  Print Name: 

 

   
  Its: 

 

   

 

















  

EXHIBIT E

SIZE="2">-2-

  







EXCERPTS ON THIS PAGE:

10-K (2 sections)
Feb 15, 2008
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