EXECUTION COPY
SUPPLEMENT NO. 1 TO CONSTRUCTION AGENCY AGREEMENT
(SPRINGFIELD PROPERTY)
THIS SUPPLEMENT NO. 1 TO CONSTRUCTION AGENCY AGREEMENT, dated as of April 6, 2001 (this "Supplement"), is entered into by and between THE SYMANTEC 2001 TRUST, a Delaware business trust (the "Lessor"), and SYMANTEC CORPORATION, a Delaware corporation (the "Construction Agent"). Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Construction Agency Agreement (as defined below).
PRELIMINARY STATEMENT
The Lessor and Symantec Corporation (the "Lessee") are parties to a Master Lease, dated as of March 30, 2001, pursuant to which the Lessee has agreed to lease the property described on SCHEDULE 1 from the Lessor (the "Property").
The Lessor and the Lessee are also parties to a Construction Agency Agreement, dated as of March 30, 2001 (as amended, supplemented or otherwise modified from time to time, the "Construction Agency Agreement"), pursuant to which the Lessor has appointed the Lessee as its sole and exclusive agent in connection with the identification and acquisition of the Property and the development and construction of the Improvements in accordance with the Plans and Specifications.
The Lessor and the Construction Agent desire that the terms of the Construction Agency Agreement apply to the Property and wish to execute this Supplement to provide therefor.
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows:
(a) The Lessor and the Construction Agent each acknowledge and
agree that the construction of the Improvements and the
development of the Property shall be governed by the terms
of the Construction Agency Agreement.
(b) Attached as SCHEDULE 2 is a true, correct and complete
copy of the Plans and Specifications for the Property, as
in effect on the date hereof.
(c) Attached as SCHEDULE 3 is a true, correct and complete
copy of the Estimated Project Costs for the Property, as
in effect on the date hereof.
(d) Attached as SCHEDULE 4 are the deductibles for the
insurance policies described in Section 6.1(a) of the
Construction Agency Agreement and the premium and the
dedu ...
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