EXHIBIT 10.28
AMENDMENT NO. 2 TO
LEASE
This Amendment No. 2 to Lease
(this “Amendment No. 2” ) is made as
of the 11th day of March, 2009, by and between EDISON SPECTRUM
PARTNERS, LLC, a California limited liability company (
“Lessor” ) and CombiMatrix Molecular
Diagnostics, Inc., a California Corporation, (
“Lessee” ). This Amendment
No. 2 amends and modifies the terms and conditions of that
certain Standard Industrial/Commercial Multi-Tenant Net Lease dated
June 26, 2006 (the “Original Lease”
), and Amendment No. 1 dated July 7, 2007 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. 2 shall have the meanings ascribed to such terms in the
Original Lease.
RECITALS
A. Lessor and
Lessee previously entered into the Original Lease and Amendment
No. 1, which sets forth the terms and conditions relating to
Lessee’s occupancy of certain space, located at 310 Goddard,
Suite 150 and at 300 Goddard, Suite 150, Irvine,
California (the “Premises” ).
B. Lessor and
Lessee now desire to amend the Original Lease and Amendment No.1 to
(i) extend the Term.
AGREEMENT
FOR VALUABLE
CONSIDERATION, the
receipt and sufficiency of which is hereby acknowledged, Lessor and
Lessee hereby agree as follows:
1.
Extension of Term . The Original Term is hereby
extended for a period of six months commencing on August 1,
2009 and ending January 31, 2010 (the “Extension
Term” ).
2.
Base Rent . The Base Rent of the extension term shall
remain the same as in Amendment No. 1 as shown:
Lease — 310 Goddard,
Suite 150:
|
Months
of Term
|
|
Rentable
Square Feet
|
|
Rent Per Square
Foot Per Month
|
|
Monthly
Base Rent
|
|
|
|
|
|
|
|
|
|
|
|
August 1,2009-January
31, 2010
|
|
3,625
|
|
$
|
2.05
|
|
$
|
7,431.25
|
|
|
|
|
|
|
|
|
