This
Amendment No. 1 to the Lease (this "Amendment No. 1") is made
as of the 7th day
of July
,
2007, by and between EDISON
SPECTRUM PARTNERS,
a California 116iited liability company ("Lessor") and
CombiMatrix Molecular
Diagnostics, Inc., a California Corporation ("
Lessee "),
(collectively the "
Parties ,"
or individually a "
Party ").
This Amendment No. 1 amends and modifies the terms
and conditions of that certain Lease dated June 26, 2006 (as so
amended, the "Original
Lease"), by and between Lessor and Lessee. The Original Lease, as
hereby amended,
is referred to herein as the "Lease." Capitalized terms which are
not otherwise defined
in this Amendment No. 1 shall have the meanings ascribed to such
terms in the Original
Lease.
RECITALS
A.
Lessor
and Lessee previously entered into the Original Lease, which
sets forth the terms and conditions relating to Lessee's
occupancy of certain space, located at 310
Goddard Way, Suite 150, Irvine, California (the
"Premises").
B.
Lessor
and Lessee now desire to amend the Original Lease to (i)
add Building
300, Suite 150 to the Premises, (ii) adjust the Basic Rent
payable thereunder, modify the expiration dates on Building
310, Suite 150 and (iii) set forth certain other
matters
of agreement between Lessor and Lessee.
AGREEMENT
FOR VALUABLE CONSIDERATION ,
the receipt and sufficiency of which is hereby
acknowledged, Lessor and Lessee hereby agree as
follows:
1.
Basic Lease Provisions. Paragraphs
1.2, 1.3, 1.4, 1.5, 1.6 and 1.7 of the Basic Lease
Provisions of the Original Lease are hereby deleted in their
entirety and replaced as follows:
1.2
Premises: That
certain real property, including all improvements
therein
or to be provided by Lessor under the terms of this Lease, and
commonly known by
the street address of 310 Goddard Way, Suite 150 and 300 Goddard
Way, Suite 150 located
in the City of Irvine, County of Orange, State of California
("
Premises ").
(See Para
g raph
2 for further provisions.) The Premises are depicted on
Exhibits "A-1-3"
attached
hereto.
1.3
Vehicle Parking: Lessee
shall be entitled to twenty seven (27) unreserved
and unassigned vehicle parking spaces, on those portions of the
Common Areas
designated by Lessor for parking for the Original Term (as defined
in
Paragraph 1.4 below).
(See
Paragraph 2.4 for
further provisions.)
1.4
Term. The
Term of the Lease for Building 310, Suite 150 ("Original
Term") shall be modified as outlined below in paragraph 1.5 and the
same term
shall be added for additional space at 300 Goddard, Suite
150.
1.5
Base Rent: Base
rent for the Premises ("
Base Rent ")
shall be payable
on the first (1st) day of each month of the Term hereof as set
forth below upon delivery
of both Premises. In the event earlier possession of both premises
are delivered, both
parties agree to sign a lease commencement acknowledgement
modifying the commencement
and the ending date of the new lease periods.
Lease Renewal - 310 Goddard, Suite
150:
|
Months
of
Term
|
Rentable
Square
Feet
|
Rent
Per Square
Foot
Per Month
|
