a5540846ex10-5.htm


    Exhibit
      10.5

    


    FIRST
      AMENDMENT TO LEASE

    BAYSIDE
      PLAZA, A PARTNERSHIP

    AND
      ANTS SOFTWARE, INC.

    


    THIS
      AMENDMENT TO LEASE is made on the 3rd day of July, 2007, between BAYSIDE PLAZA,
      A PARTNERSHIP, as Landlord, and ANTS SOFTWARE, INC., as Tenant.

    


    Landlord
      and Tenant are parties to an Agreement of Lease (”the Lease”) dated as of March
      18, 2005, pursuant to which Landlord has leased to Tenant, and Tenant has rented
      from Landlord, office space in certain building commonly known as Bayside Plaza,
      700 Airport Boulevard, Suite 300, Burlingame, CA 94010 (“the
      Building”).  The parties acknowledge that the lease is in full force
      and effect.  The parties wish to amend and extend the lease for a
      Twelve (12) month period in the manner specifically set forth in this First
      Amendment to Lease.

     

    
      
        	1.	
                Commencement
                  Date: 

              	
                The
                  commencement date of this renewal term shall be May 1,
                  2008.

              
	 	 	 
	2. 	
                Base
                  Rent:         

              	
                The
                  base rent will be the sum of $34,200.00 Monthly.

              
	 	 	 
	3.	
                Rental
                  Increases:  

              	
                May
                  1, 2008 – April 30, 2009 $34,200.00/Month

              
	 	 	 
	4.	
                Renewal
                  Option:     

              	
                Tenant
                  shall have one (1) option to renew for one (1) year at $35,100.00
                  per
                  month for the period of May 1, 2009 through April 30,
                  2010.  Tenant shall give written notice of its intent to extend
                  theterm of the lease no later than January 30, 2009.

              
	 	 	 
	5. 	
                Tenant
                  Improvements:    

              	
                 Landlord
                  shall complete the following Tenant
                  Improvements:

              


      

       

    

    
      	
            	
              a.

            	
              Professionally
                clean and repair the carpets – the areas that need to be patched/repaired
                will be patched/repaired with a carpet that matches as close as possible
                to the existing carpet.

            


    

    
      	
            	
              b.

            	
              Touch
                up paint where necessary

            


    

    
      	
            	
              c.

            	
              Replace
                missing ceiling tiles

            


    

     

    
      
 

      
        	6.	
                Operating
                  Expenses 

                &
                  Taxes:

              	Tenant
                will pay its pro rata share in excess of a 2008 Base year (the “Base
                Year”) with a five percent (5%)annual cap.
	 	 	 
	7.	Affirmation
                of Lease:	The
                operating expenses and the real property taxes will be calculated
                as if
                the Building is 100% leased and occupied and/or fully
                assessed.
	 	 	 


      

           

    

     

                 
      Except as specifically set forth in this Addendum, each and every provision
      of
      the Lease shall remain in full force and effect, and shall not be modified,
      waived, or otherwise affected by this Addendum.

    


    IN
      WITNESS
      WHEREOF, Landlord and Tenant have executed this Addendum as of the date stated
      herein above.

     

    
      	 BAYSIDE
              PLAZA, A PARTNERSHIP	 	 	 ANTS
              SOFTWARE, INC.	 
	 	 	 	 	 
	
              
                /s/ Max
                  C. Woo

              

            	
              7/3/07

            	 	
              
                /s/
                  Ken
                  Ruotolo

              

            	
              7/3/07

            
	
              
                Max
                  C. Woo

              

            	
              
                Date

              

            	 	
              
                Ken
                  Ruotolo

              

            	
              
                Date