Exhibit 10.42
TENTH AMENDMENT
(25 METRO & 181 METRO)
THIS TENTH AMENDMENT (this "Amendment") is made and entered into as of June 28, 2022, by and between HUDSON METRO PLAZA, LLC, a Delaware limited liability company ("Landlord"), and NUTANIX, INC., a Delaware corporation ("Tenant").
RECITALS
NOW, THEREFORE, in consideration of the above recitals which by this reference are incorporated herein, the mutual covenants and conditions contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows:
From and after the date of this Tenth Amendment, Tenant shall have no further right to the Allowances set forth in this Section 6, and such shall be deemed terminated and no longer available or of any further force or effect.
9.1 This Amendment 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. Tenant shall not be entitled, in connection with entering into this Amendment, to any free rent, allowance, alteration, improvement or similar economic incentive to which Tenant may have been entitled in connection with entering into the Lease, except as may be otherwise expressly provided in this Amendment.
9.2 Except as herein modified or amended, the provisions, conditions and terms of the Lease shall remain unchanged and in full force and effect.
9.3 In the case of any inconsistency between the provisions of the Lease and this Amendment, the provisions of this Amendment shall govern and control.
9.4 Submission of this Amendment by Landlord is not an offer to enter into this Amendment but rather is a solicitation for such an offer by Tenant. Landlord shall not be bound by this Amendment until Landlord has executed and delivered it to Tenant.
9.5. Each party hereto, and their respective successors and assigns shall be authorized to rely upon the signatures of all of the parties hereto which are delivered by facsimile, PDF or DocuSign (or the like) as constituting a duly authorized, irrevocable, actual, current delivery hereof with original ink signatures of each person and entity. This Amendment may be executed in counterparts, each of which shall be deemed an original part and all of which together shall constitute a single agreement.
9.6. Capitalized terms used but not defined in this Amendment shall have the meanings given in the Lease.
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Amendment as of the day and year first above written.
| LANDLORD: |
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| HUDSON METRO PLAZA, LLC, By: Hudson Pacific Properties, L.P., By: Hudson Pacific Properties, Inc., By: /s/ Mark T. Lammas Name: Mark T. Lammas Title: President
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| TENANT: |
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NUTANIX, INC., a Delaware corporation
By: /s/ Aaron Boynton Name: Aaron Boynton Title: Chief Accounting Officer |