impv-ex1001_254.htm



 

Exhibit 10.01

SEVENTH AMENDMENT TO LEASE

This Seventh Amendment to Lease (the "Agreement") is entered into as of March 9, 2016, by and between WESTPORT OFFICE PARK, LLC, a California limited liability company ("Landlord"), and IMPERVA, INC., a Delaware corporation ("Tenant"), with respect to the following facts and circumstances:

A.Landlord and Tenant are parties to that certain Lease Agreement dated February 12, 2008, as amended by a First Amendment to Lease dated February 12, 2010, a Second Amendment to Lease dated May 16, 2012, a Third Amendment to Lease dated August 22, 2012, a Fourth Amendment to Lease dated May 6, 2015 (the "Fourth Amendment"), a Fifth Amendment to Lease dated October 28, 2015, and a Sixth Amendment to Lease dated October 28, 2015 (collectively, the "Original Lease"), of certain premises commonly known as Suites 100, 101 and 200 in the 3400 Bridge Building and Suites 101 and 201 in the 3200 Bridge Building (together, the "Premises"), and more particularly described in the Original Lease.  Capitalized terms used and not otherwise defined herein shall have the meanings given those terms in the Original Lease.  As used herein, the term "Lease" means the Original Lease as amended by this Agreement.

B.Landlord and Tenant desire to amend the Original Lease on the terms and conditions provided herein.

IT IS THEREFORE, agreed as follows:

1.The following language from Section 2.1 of the Suite 101 Tenant Work Letter attached to the Fourth Amendment as Exhibit J is hereby deleted in its entirety: "that date which is six (6) months after the Suite 101 Second Expansion Space Commencement Date", and replaced with the following: "July 31, 2016". 

2.Except as specifically provided herein, the terms and conditions of the Original Lease as amended hereby are confirmed and continue in full force and effect.  This Agreement shall be binding on the heirs, administrators, successors and assigns (as the case may be) of the parties hereto.  This Agreement sets forth the entire agreement between the parties with respect to the matters set forth herein.  There have been no additional oral or written representations or agreements.  Under no circumstances shall Tenant be entitled to any Rent abatement, improvement allowance, leasehold improvements, or other work to the Premises, or any similar economic incentives that may have been provided to Tenant in connection with entering into the Original Lease, unless specifically set forth in this Agreement.  Tenant agrees that neither Tenant nor its agents or any other parties acting on behalf of Tenant shall disclose any matters set forth in this Agreement or disseminate or distribute any information concerning the terms, details or conditions hereof to any person, firm or entity without obtaining the express written consent of Landlord, except as required by law.  In the case of any inconsistency between the provisions of the Original Lease and this Agreement, the provisions of this Agreement shall govern and control.  Submission of this Agreement by Landlord is not an offer to enter into this Agreement but rather is a solicitation for such an offer by Tenant.  Landlord shall not be bound by this Agreement until Landlord has executed and delivered the same to Tenant.

3.Landlord hereby represents and warrants to Tenant that it has dealt with no broker, finder or similar person in connection with this Agreement, and Tenant hereby represents and warrants to Landlord that it has dealt with no broker, finder or similar person in connection with this Agreement, other than CBRE, Inc. (“Tenant’s Broker”).  Landlord and Tenant shall each defend, indemnify and hold the other harmless with respect to all claims, causes of action, liabilities, losses, costs and expenses (including without limitation attorneys' fees) with respect to any leasing commission or equivalent compensation alleged to be owing on account of the indemnifying party's dealings with any real estate broker, agent, finder or similar person other than Tenant’s Broker.  Nothing in this Agreement shall impose any obligation on Landlord to pay a commission or fee to any party.

4.Effective as of the date hereof, all references to the "Lease" shall refer to the Original Lease, as amended by this Agreement.




 

 

IN WITNESS WHEREOF, this Agreement was executed as of the date first above written.

 


			
	
Landlord:

	
 

	
WESTPORT OFFICE PARK, LLC, a California limited liability company

	
 

	
By:
	
The Prudential Insurance Company of

	
 
	
America, a New Jersey corporation,

	
 
	
acting solely on behalf of and for the

	
 
	
benefit of, and with its liability limited

	
 
	
to the assets of, its insurance company

	
 
	
separate account, PRISA II, its member

	
 
	
 

	
 
	
By:
	
Jeffrey D. Mills

	
 
	
 
	
Vice President

	
 
	
 
	
[Printed Name and Title]

	
 

	
Tenant:

	
 

	
IMPERVA, INC., a Delaware corporation

	
 

	
By:
	
/s/ Anthony Bettencourt

	
 
	
Its: 
	
Anthony Bettencourt, CEO

	
 

	
By:
	
/s/ Terry Schmid

	
 
	
Its: 
	
Terry Schmid, CFO