Exhibit 10.1
LEASE AGREEMENT
for
2880 JUNCTION AVENUE
SAN JOSE, CALIFORNIA
TENANT:
FUSION-IO, INC.
INDEX
PARAGRAPH
PAGE
SCHEDULE
1
1.
DEFINITIONS.
2
2.
LEASE GRANT; LEASE TERM.
3
3.
USE.
3
4.
BASE RENTAL.
4
5.
OPERATING EXPENSES.
4
6.
SERVICES.
10
7.
CONDITION
OF PREMISES.
11
8.
SIGNAGE.
12
9.
CARE OF THE
PREMISES BY TENANT; REPAIR AND MAINTENANCE; SURRENDER OF POSSESSION.
14
10.
REPAIRS AND ALTERATIONS BY TENANT.
16
11.
HAZARDOUS
MATERIAL.
18
12.
FORCE MAJEURE.
21
13.
LAWS,
REGULATIONS AND RULES.
21
14.
ENTRY BY LANDLORD; LIMITED ACCESS.
24
15.
ASSIGNMENT AND SUBLETTING.
25
16.
MECHANIC'S LIEN.
28
17.
INSURANCE.
28
18.
WAIVER
OF CLAIMS; WAIVER OF SUBROGATION.
30
19.
INDEMNIFICATION.
31
20.
CASUALTY DAMAGE.
31
21.
CONDEMNATION.
33
22.
EVENTS OF DEFAULT/REMEDIES.
34
23.
PEACEFUL ENJOYMENT.
38
24.
RESERVED.
38
25.
HOLDING OVER.
38
26.
SUBORDINATION TO MORTGAGE.
39
27.
ESTOPPEL.
39
28.
INTENTIONALLY OMITTED (LANDLORD'S LIEN).
40
29.
ELECTRONIC SERVICES.
40
30.
NO IMPLIED WAIVER.
43
31.
PERSONAL LIABILITY.
43
32.
SECURITY DEPOSIT.
43
33.
MISCELLANEOUS.
44
34.
LETTER OF CREDIT.
49
35.
OPTION TO RENEW.
50
36.
RIGHT OF FIRST OFFER.
52
37.
COMMUNICATION DISH; ROOFTOP HVAC.
54
38.
GENERATOR.
56
EXHIBIT A
LANDLORD'S PREVIOUS WORK
EXHIBIT B
COMMENCEMENT DATE AGREEMENT
EXHIBIT C
BUILDING RULES AND REGULATIONS
EXHIBIT D
WORK LETTER
EXHIBIT E
HAZARDOUS MATERIALS QUESTIONNAIRE
EXHIBIT F
UNIONS AFFILIATED
WITH AFL-CIO AS OF JANUARY 1, 2001
EXHIBIT G
FORM LETTER OF CREDIT
EXHIBIT H
FORM SUBORDINATION, NONDISTURBANCE, AND ATTORNMENT AGREEMENT
EXHIBIT I
BUILDING SIGN CRITERIA
EXHIBIT J-1
FAIR MARKET RENT; FAIR
MARKET ALLOWANCE
EXHIBIT J-2
DISPUTE RESOLUTION
EXHIBIT K
LANDLORD'S
WORK
EXHIBIT L
ROOFTOP INSTALLATION STANDARDS
EXHIBIT M
LOCATION OF
EMERGENCY POWER SYSTEM
EXHIBIT N
ROOF COATING WORK
i
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease"), dated solely for reference purposes as of
January 13, 2012, between LaSalle Montague, Inc., a Delaware corporation
("Landlord"), and the Tenant named in Item 1 of the Schedule ("Tenant").
The following Schedule (the "Schedule") is an integral part of this Lease and
contains definitions of certain terms used in this Lease.
SCHEDULE
1.
Name of Tenant:
FUSION-IO, INC., a Delaware corporation 2.
Premises:
All interior space in the Building 3.
Rentable Square Feet in Premises:
79,143 4.
Rentable Square Feet in Building:
79,143 5.
Tenant's
Proportionate Share:
100% 6.
Base Rental (annual):
See Paragraph 1.1 7.
Monthly Installments of Base Rental:
See Paragraph 1.1 8.
Security
Deposit:
$150,371.70 9.
Tenant's Real Estate Broker:
CBRE, Inc. 10.
Allowance (see Exhibit D):
$1,187,145 ($15 x 79,143 rsf) 11.
Commencement
Date:
means the earlier to occur of:
(a) the later of the following, each
as extended pursuant to Paragraph 2.2 of this Lease and Section 4 of the Work
Letter:
(1) April 1, 2012 (regardless of whether the Tenant Work is substantially
completed); and
(2) the 15th calendar day after the date on which Landlord substantially
completes Landlord's Work or, if Landlord's substantial completion of Landlord's
Work is delayed due to Tenant (provided that Landlord notifies Tenant in