Exhibit 10.34
AGREEMENT
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AGREEMENT dated as of March 12, 2001 among FIFTY WASHINGTON LIMITED
PARTNERSHIP ("Landlord"), INFORMIX CORPORATION ("Informix"), INFORMIX SOFTWARE,
INC. ("I-Software") and ASCENTIAL SOFTWARE, INC. ("A-Software").
BACKGROUND
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Reference is made to the Lease dated May 3, 1994, as amended (the
"Lease"), from 50 Washington Street Associates Limited Partnership, as Landlord
(Landlord having become the Landlord thereunder), to Ardent Software, Inc.
(then named VMark Software, Inc.), as Tenant, of premises at 50 Washington
Street, Westborough, Massachusetts. Capitalized terms not defined herein shall
have the meaning ascribed to them in the Lease.
Ardent Software, Inc. has been merged into Informix effective as of June
30, 2000. Informix and its wholly-owned subsidiaries, I-Software and
A-Software, use the Demised Premises, and have agreed to be jointly and
severally liable as Tenants under the Lease.
WITNESSETH
NOW, THEREFORE, the parties hereto hereby agree as follows:
1. The parties agree that Informix, I-Software and A-Software have
become Tenants under the Lease and that, from time to time, Informix,
I-Software and A-Software, or any of them, shall be entitled to occupy the
Premises.
2. Informix, I-Software and A-Software, jointly and severally, hereby
assume and agree to and with Landlord to perform, fulfill and observe all of
the covenants, agreements, obligations and liabilities of the Tenant under the
Lease, whenever arising.
3. Landlord hereby consents to the foregoing and agrees that Informix,
I-Software and A-Software have become the Tenants under the Lease and that,
from time to time, Informix, I-Software and A-Software, or any of them, shall
be entitled to occupy the Premises. Landlord's consent shall in no way be
deemed to be a release or waiver of the obligation to obtain Landlord's consent
or approval to any future assignment, subletting or other action as required by
the Lease.
4. Landlord hereby grants approval to perform the signage as submitted
by I-Software on February 16, 2001 (attached as Exhibit A hereto). All work
must be performed in accordance with the Lease.
WITNESS the execution hereof as an instrument under seal as of the date
first above written.
FIFTY WASHINGTON LIMITED PARTNERSHIP
By: FIFTY WASHINGTON, INC.
Its sole General Partner
By: /s/ Christopher Egan
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Christopher Egan, President and Treasurer,
not individually and without personal
liability
INFORMIX CORPORATION
By: /s/ Gary Lloyd
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Printed Name: Gary Lloyd
Title: Vice President, General Counsel and Secretary
ASCENTIAL SOFTWARE, INC.
By: /s/ Gary Lloyd
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Printed Name: Gary Lloyd
Title: Vice President, General Counsel and Secretary
INFORMIX SOFTWARE, INC.
By: /s/ Scott Harlan
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Printed Name: Scott Harlan
Title: Vice President, General Counsel and Secretary
2
EXHIBIT A
Page 1 of 3
[INFORMIX(R) SOFTWARE WAY TO WEB(TM) LOGO]
Informix Software, Inc.
50 Washington St.
Westborough, MA 01581
Tel 508 366 3888
Fax 508 366 3669
www.informix.com
2/16/01
Mr. Christopher Hannon
Sr. Property Manager
Carruth Capital, LLC
Suite 2000
40 Washington Street
Westboro, MA 01581
Chris:
Informix Corporation has recently announced the formation of a new company,
Ascential Software, Inc. Ascential will remain an operating company of Informix
Corporation, as will Informix Software. The worldwide corporate headquarters of
Ascential Software is now 50 Washington Street. As required by the terms of our
lease, we ask for your approval to install external signage at the site to
reflect the name Ascential Software.
Although the signage will reflect the name Ascential Software, Informix
recognizes, and will honor, the terms of the lease currently in place with 50
Washington Limited Partnership.
If you need further information, please contact Gary Richardson, Facilities
Manager at x3017.
Sincerely,
/s/ James D. Foy
James D. Foy
President
Informix Software, Inc.
cc: G. Richardson
EXHIBIT A
Page 2 of 3
[ASCENTIAL(TM) SOFTWARE LOGO]
1. Furnish & install (Q1) 10'6" x 38' replacement
flex face for roof sign cabinet.
EXHIBIT A
Page 3 of 3
[ASCENTIAL(TM) SOFTWARE LOGO]
2. Furnish & install (Q2) 30 1/2" x 95 1/2" x 3/16" white
lexan replacement faces. Remove & dispose of existing faces.
[ASCENTIAL(TM) SOFTWARE RECEIVING RIGHT ARROW LOGO]
[ASCENTIAL(TM) SOFTWARE RECEIVING LEFT ARROW LOGO]
3. Furnish & install (Q2) 11 3/4" x 49 1/2"
white aluminum overlay panels.
[ASCENTIAL(TM) SOFTWARE LOGO]
4. Furnish & install (Q2) 60" X 96" nylon flags to be mounted
to existing flagpole. (Q1) to have custom logo, (Q1) to be
standard USA flag.
[ASCENTIAL(TM) SOFTWARE LOGO]
5. Furnish & install (Q1) 18" x 24"
aluminum sign with white reflective background and vinyl text. Sign
to be mounted to existing pole along Rte. 9.