Exhibit 10.13
AMENDMENT NO. 7
TO
MARINA VILLAGE NET OFFICE-TECH
LEASE
THIS AMENDMENT NO. 7 TO MARINA
VILLAGE NET OFFICE-TECH LEASE (this “ Amendment
”) is made and entered into as of March 15, 2006, by and
between LEGACY PARTNERS I ALAMEDA, a Delaware limited liability
company (“ Landlord ”), and XENOGEN CORPORATION,
a California corporation (“ Tenant
”).
R E C I T A
L S :
A. Alameda Real Estate Investments,
a California limited partnership (“ Alameda ”)
and Tenant have previously entered into that certain Marina Village
Net Office-Tech Lease dated January 15, 1998 (the “
Original Lease ”), as amended by that certain
Amendment No. 1 dated July 16, 1998, Amendment No. 2
dated November 28, 2000, Amendment No. 3 dated
January 30, 2003, Amendment No. 4 dated March 1,
2005, Amendment No. 5 dated September 1, 2005, and
Amendment No. 6 dated November 28, 2005 (the Original
Lease, as so amended, shall be referred to herein, collectively as
the “ Lease ”) with respect to certain premises
located at 860 Atlantic Avenue, Alameda, California (the “
Premises ”), as more particularly described in the
Lease. The Premises are part of a multi-building commercial project
known as “Marina Village” and located on the
approximately 200-acre site on the estuary side of the island of
Alameda (the “ Project ”).
B. Landlord has succeeded to the
interests of Alameda as landlord under the Lease.
C. The parties now desire to amend
the Lease to (i) extend the Term of the Lease until
August 31, 2006, (ii) provide Tenant with an option to
further extend the Term of the Lease, and (iii) otherwise
modify the Lease, all upon the terms and conditions hereinafter set
forth.
D. All capitalized terms when used
herein shall have the same meanings given such terms in the Lease
unless expressly superseded by the terms of this
Amendment.
NOW THEREFORE, in consideration of
the foregoing recitals and the mutual covenants contained herein,
and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. Extension of Term . The
Term of the Lease and Term Expiration Date are hereby extended
until August 31, 2006.
2. Base Rent . During the
period from May 1, 2006 through the end of the Term (as
extended in Section 1 above), the monthly Base Rent payable by
Tenant for the Premises shall equal $44,213.00 ( i.e. , the
monthly Base Rent for the Premises currently payable by Tenant
pursuant to Paragraph 1 of Amendment No. 6).
-1-
3. Early Termination Option .
Notwithstanding anything to the contrary contained in the Lease, as
hereby amended, Tenant shall have the option to terminate and
cancel the Lease, as hereby amended, at any time during
(i) the Term of the Lease (as extended pursuant to
Section 1 above) or (ii) the Option Term (as defined in
Section 4 below), in a timely manner in accordance with the
following provisions of this Section 3. To exercise such
termination option, Tenant must deliver to Landlord written notice
of Tenant’s exercise of such option (the “
Termination Notice ”) specifying the date upon which
Tenant desires to terminate the Lease, as hereby amended (the
“ Termination Date ”), which Termination Date
must be at least sixty (60) days after the date such
Termination Notice is received by Landlord. If Tenant properly and
timely exercises the termination option in this
Section&nbs
