Exhibit 10.27


 


Rental Lease Agreement


 


Parties:


This Agreement is entered into
between Narry Singh (“Tenant”) and Commerce One Operations, Inc. (“Landlord”).


 


Premises:


In consideration of the
covenants herein contained, the Landlord provides to Tenant, and Tenant accepts
from Landlord, for residential purposes only, the premises situated in Alameda
County, and located at 8009 Horizons Court, Pleasanton, CA 94588-9475 (“the
premises”) subject to the terms and conditions in this Agreement.


 


Term:


The term of this Lease is for
up to six (6) months, commencing on the 1st day of September 2002, and
automatically expiring on the 31st day of January 2003, unless renewed or
extended pursuant to the terms herein.


 


Payment
of Rent:


Rent shall be charged to tenant
in the amount of fifty dollars ($50.00) per month, and Tenant shall pay the
utilities as noted in the “Utility” section below.  Fair Market Rent in the amount of $6,600 per month shall be
imputed as taxable compensation in Tenant’s regular payroll and reported to the
relevant taxing authorities. 
Additionally, taxes shall be withheld and remitted to the appropriate
authorities with respect to this imputed income.


 


Tenant
Examination and Acceptance of Premises:


The Tenant acknowledges that he
has examined the leased premises and his acceptance of this agreement is
conclusive evidence that said premises are in good and satisfactory order and
repair unless otherwise specified herein; and the Tenant agrees that no
representations as to the condition of the premises have been made and that no
agreement has been made to redecorate, repair or improve the premises unless
hereinafter set forth specifically in writing. 
The Landlord will deliver the leased premises and all common areas in a
habitable condition, pursuant to applicable State law.  Tenant takes premises in its AS-IS
condition.  Tenant agrees not to damage
the premises through any act or omission, and to be responsible for any damages
sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s
invitees, licensees, and/or guests. If such damages are incurred, Tenant is
required to pay for any resulting repairs within thirty (30) days of Landlord’s
request for payment.


 


Occupancy
and Use:


The premises are to be used
only as a private residence for Tenant and his immediate family members and
their medical attendants if necessary. 
The premises shall be occupied by no more than five (5) persons and
shall not be used for any purpose other than a private residence without the
prior written consent of the Landlord.


 


Disturbances
and Violation of Laws:


Tenant, guests and invitees of
either tenant or guests shall not use the premises for any unlawful purpose and
shall comply fully with all applicable federal, state and local laws and
ordinances, including laws prohibiting the use, possession or sale of illegal
drugs.  Nor shall Tenant, guests and
invitees of either tenant or guests use the premises in a manner offensive to
others.  Nor shall Tenant, guests and
invitees of either tenant or guests create a nuisance by annoying, disturbing,
inconveniencing or interfering with the quiet enjoyment of any other tenant or
nearby resident.  Tenant agrees to
immediately inform Landlord and the appropriate authorities upon obtaining
actual knowledge of any illegal acts on or upon the leased premises.


 


Homeowners’
Association Covenants:


Tenant acknowledges that he
will comply will all covenants of the Homeowners’ association, a copy of which
will be provided by Landlord.


 


Cooperation
With Efforts to Sell Property:


Tenant acknowledges that the
premises is listed for sale and agrees to cooperate with Landlord and
Landlord’s agent in their efforts to secure a buyer.  Tenant therefore agrees to maintain the premises in clean and orderly
condition at all times


 

















 


and to make the premises
available at reasonable times for showing to prospective buyers.  Tenant further agrees to work cooperatively
with Landlord and Landlord’s agent to maintain the presentation of the home,
and to ensure that upon the termination or expiration of this lease agreement,
the property is returned to Landlord in the same condition as received by
Tenant at the outset of the lease.


 


Vehicle
Parking:


No automobile, truck,
motorcycle, trailers or other such vehicles shall be parked on the property without
current license plates and said vehicles must be in operating condition. Such
vehicles may be parked in driveways or other designated parking area, if
provided, or in the street.


 


Insurance:


Landlord shall provide hazard
insurance as necessary to secure the property against structural damages.
Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees,
licensees, and/or guests for damages not caused by Landlord or Landlord’s
agents. Landlord will not compensate Tenant or anyone else for damages caused
by any other source whatsoever, or by Acts of God, and Tenant is therefore
strongly encouraged to independently purchase insurance to protect Tenant,
Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal
property on the leased premises and/or in any common areas from any and all
damages.


 


Utilities:


Tenant will be responsible and
pay for the following utilities, including all required deposits (check those
that apply):


ý Gas  ý
Water  ý
Electric  ý
Refuse Collection  ý
Telephone  ý  Cable or satellite TV  ý internet
services


 


Landlord will be responsible
and pay for the following utilities, including all required deposits (check
those that apply):


o Gas  o
Water  o
Electric  o
Refuse Collection  o
Telephone  o
Cable TV ý Landscape maintenance ý
Fountain maintenance


 


Tenant shall be responsible for
contacting and arranging for any utility service.  Unless otherwise agreed with Landlord at the time Tenant vacates
the premises, Tenant shall be responsible for having all utilities disconnected
on the day Tenant delivers the leased premises back unto Landlord upon
termination or expiration of this Lease.


 


Alterations
and Repairs by Tenant:


Unless authorized by law,
Tenant will not, without Landlord’s prior written consent, alter, re-key or
install any locks to the premises or install or alter any burglar alarm system.
Tenant will not remodel or make any structural changes, alterations or
additions to the premises, will not paper, paint or decorate, nor install,
attach, remove or exchange appliances or equipment such as air conditioning,
heating, refrigerating or cooking units, radio or television antennae and/or
satellite dish(s); nor drive nails or other devices into the walls or woodwork,
nor refinish or shellac wood floors, nor change the existing locks of the
premises, without the prior written permission of the Landlord or his Agent.
Any of the above-described work shall become part of the dwelling.


 


Notification
of Need for Repairs or Maintenance:


Tenant shall promptly notify
Landlord of any requirements for repairs or maintenance to the premises.


 


Assignment
of Agreement and Subletting:


Tenant may not sublet the
premises or any portion thereof, or assign this Lease, without the prior
written consent of Landlord.


 


Landlord’s
Responsibilities and Duties:


In compliance with applicable
State law, Landlord shall maintain:


 


(a) Effective
waterproofing and weather protection of roof and exterior walls, including
unbroken windows and doors.


 


(b) Plumbing
or gas facilities which conformed to applicable law in effect at the time of
installation, maintained in good working order.


 


2

















 


(c) A water
supply approved under applicable law, which is under the control of the tenant,
capable of producing hot and cold running water, or a system which is under the
control of the landlord, which produces hot and cold running water, furnished
to appropriate fixtures, and connected to a sewage disposal system approved
under applicable law.


 


(d) Heating
facilities which conformed with applicable law at the time of installation,
maintained in good working order.


 


(e) Electrical
lighting, with wiring and electrical equipment which conformed with applicable
law at the time of installation, maintained in good working order.


 


(f) Building,
grounds and appurtenances at the time of the commencement of the lease or Lease
agreement in every part clean, sanitary, and free from all accumulations of
debris, filth, rubbish, garbage, rodents and vermin, and all areas under
control of the landlord kept in every part clean, sanitary, and free from all
accumulations of debris, filth, rubbish, garbage, rodents, and vermin.


 


(g) An
adequate number of appropriate receptacles for garbage and rubbish, in clean
condition and good repair at the time of the commencement of the lease or Lease
agreement, with the landlord providing appropriate serviceable receptacles
thereafter, and being responsible for the clean condition and good repair of
such receptacles under his control.


 


(h) Floors,
stairways, and railings maintained in good repair.


 


(i) Compliance
with the requirements of applicable building and housing codes materially
affecting health and safety, including but not limited to installing dead-bolt
locks on all swinging entrance doors, and installing window locking devices.


 


(j) Compliance
with the requirements of any other applicable State, County or municipal law,
statute or code not herein listed.


 


But landlord shall have no duty
to maintain any of the above if the noncompliance is the fault of the Tenant.


 


Tenant’s
Responsibilities and Duties:


 


In compliance with applicable
State law, Tenant covenants:


 


(1) To keep
that part of the premises which he occupies and uses clean and sanitary as the
condition of the premises permits.


 


(2) To dispose
from his dwelling unit of all rubbish, garbage and other waste, in a clean and
sanitary manner.


 


(3) To
properly use and operate all electrical, gas and plumbing fixtures and keep
them as clean and sanitary as their condition permits.


 


(4) Not to
permit any person on the premises, with his permission, to willfully or
wantonly destroy, deface, damage, impair or remove any part of the structure or
dwelling units or the facilities, equipment, or appurtenances thereto, nor
himself do any such thing.


 


(5) To occupy
the premises as his abode, utilizing portions thereof for living, sleeping,
cooking or dining purposes only which were respectively designed or intended to
be used for such occupancies.


 


Tenant agrees that any
violation of these provisions shall be considered a breach of this Lease.


 


Pets:


No pet, animal, bird or other
pet will be kept on the premises, even temporarily, without written permission
from Landlord or Agent.  If written
permission is granted, the Tenant agrees to pay the cost of having the dwelling
de-fleaed and de-ticked by a professional exterminator at the termination of
occupancy.  Tenant expressly agrees and
understands that Landlord’s


 


3

















permission may be conditional upon a deposit to be
paid prior to the pet being kept on the leased premises.


 


Surrender of Premises:


Tenant will, upon termination of this Lease, surrender
the premises and all fixtures and equipment of Landlord therein in good, clean
and operating condition, ordinary wear and tear excepted. Tenant shall, at time
of vacating premises, clean said premises including stove and refrigerator and
remove trash from the premises. Upon vacating the premises Tenant shall deliver
all keys thereto to the Landlord or his Agent within twenty-four (24) hours
after vacating. Failure to comply will be cause to charge Tenant for changing
locks.


 


Landlord’s
Right to Access and Inspection:


In addition to the rights provided by applicable
California law, in the event of an emergency, to make repairs or improvements
or to show the premises to prospective buyers or tenants or to conduct an
annual inspection or to address a safety or maintenance problem or to remove
any alterations, additions, fixtures, and any other objects which may be
affixed or erected in violation of the terms of this Lease, Landlord or
Landlord’s duly authorized agents may enter the premises. Except in cases of
emergency, Tenant’s abandonment of the premises, court order or where it is
impractical to do so, Landlord shall give Tenant reasonable notice before
entering. Furthermore, Landlord retains a Landlord’s Lien on all personal
property placed upon the premises to secure the payment of rent and any damages
to the leased premises.


 


Termination of Lease - Hold Over:


Landlord may terminate this lease at any time upon
(90) days’ written notice, beginning on the date this agreement is executed by
all parties. Tenant may terminate this lease at his convenience with no minimum
notice to Landlord. However, Tenant must immediately notify Landlord of his
vacating the premises in order for Landlord to discontinue imputation of
taxable income relative to Tenant’s use of the premises.


 


Extended Absences by Tenant and Notice
Thereof:


Tenant will notify Landlord in advance if Tenant will
be away from the premises for seven (7) or more consecutive days. During such
absence, Landlord may enter the premises at times reasonably necessary to
maintain the property and inspect for needed repairs.


 


Property Damage - Destruction of Property:


If the premises are rendered totally unfit for
occupancy by fire, act of God, act of rioters or public enemies, or accident,
the term of this Lease shall immediately cease effective from the day of such
happening.  If, however, the premises
are only partially destroyed or damaged and Landlord decides to repair the
same, repairs shall be made by Landlord without unreasonable delay, and there
shall be abatement in the imputation of taxable income in proportion to the
relationship the damaged portion of the leased premises bears to the whole of
said premises. Tenant, Tenant’s guests and invitees of either Tenant or
Tenant’s guests will not engage in any activity or action that may cause severe
property damage.


 


Hold Harmless:


To the fullest extent permitted by applicable
California law, Landlord and his Agent will be held free and harmless from any
and all loss, claim or damage by reason of any accident, injury, or damage to
any person or property occurring on or about the leased premises, unless such
accident, injury, or damage shall be caused by the negligence of the Landlord,
its agents, servants and/or employees.


 


Default / Breach By Tenant:


In the event of any default
hereunder on the part of the Tenant, his family, servant, guests, invitees, or
should the Tenant occupy the subject premises in violation of any lawful rule,
regulation or ordinance issued or promulgated by the Landlord or any rental
authority, then and in any of said events the Landlord shall have the right to
terminate this lease by giving the Tenant personally or by leaving at the
leased premises a thirty (30) day written notice of termination and this Lease
shall terminate upon the expiration of thirty (30) days from the delivery of
such notice if the default is not remedied within a reasonable time not in
excess of thirty (30) days and the Landlord, at the expiration of said thirty
(30) day notice or any shorter period conferred under or by operation of law,
shall thereupon be entitled to immediate possession of said premises and may
avail himself of any remedy provided by law for the restitution of possession.
nt.


 


4

















 


Paragraph
Headings:


The headings of particular paragraphs and
subparagraphs are inserted only for convenience and are not part of this
Agreement and are not to act as a limitation on the scope of the particular
paragraph to which the heading refers.


 


Binding:


This Lease shall be binding upon and inure to the
benefit of the parties hereto, their respective heirs, executors,
administrators, successors and assigns.


 


Entire
Agreement:


This document and any Attachments constitutes the
final and entire Agreement between the parties hereto, and no promises or
representations, other than those contained here and those implied by law, have
been made by Landlord or Tenant. Neither Landlord or Tenant shall be bound by
any terms, conditions, statements, warranties or representations, oral or
written, not herein contained unless made in writing and signed by both
Landlord and Tenant.


 


Governing
Law:


This Lease shall be governed by California law.


 


Severability:


The provisions of this Lease are severable and in the
event any provision, clause, sentence, section or part thereof is held to be
invalid, illegal, unconstitutional, inapplicable or unenforceable to any person
or circumstances, such invalidity, illegality, unconstitutionality,
inapplicability or unenforceability shall not affect or impair any of the
remaining provisions, sentences, clauses, sections, parts of the lease or their
application to Tenant or other persons or circumstances. It is understood and
agreed that the terms, conditions and covenants of this Lease would have been
made by both parties if such invalid, illegal, unconstitutional, inapplicable
or unenforceable provision, sentence, clause, section or part had not been
included therein. To the extent that any portion of this agreement found to be
invalid, illegal, unconstitutional, inapplicable or unenforceable may be valid
by striking of certain words or phrases, such words or phrases shall be deemed
to be stricken and the remainder of the provisions and the remainder of the
other portions of this Lease agreement shall remain in full force and
effect.  It is further agreed that this
Lease may be executed in counterparts, each of which when considered together
shall constitute the original contract.


 


	
  Landlord/Agent’s signature:

  	
  /s/ Beth Frensilli

  	
   

  
	
  Title:

  	
  SVP & General Counsel, Commerce One Inc.

  	
   

  	
   

  
	
  Date:

  	
   

  	
   

  	
   

  
	
  Address:

  	
  4440 Rosewood Drive

  	
   

  
	
  Pleasanton, CA 94588

  	
   

  
	
  Phone:

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Witness to Landlord’s Signature:

  	
  /s/ Leslie Angel

  	
   

  
	
  Print name:

  	
  Leslie Angel

  	
  Date:

  	
  9-9-02

  	
   

  
	
   

  	
   

  	
   

  
	
  Tenant’s signature:

  	
  /s/ Narry Singh

  	
   

  
	
  Print name:

  	
  Narry Singh

  	
  Date:

  	
  SEPT 9, 2002

  	
   

  
	
   

  	
   

  	
   

  
	
  Witness to Tenant’s Signature:

  	
  /s/ Leslie Angel

  	
   

  
	
  Print name:

  	
  Leslie Angel

  	
  Date:

  	
  9-9-02

  	
   

  
																



 


5