Exhibit 10.43
AMENDMENT NO. 4
TO LEASE
This Amendment No. 4 to
Lease is made and entered into as of September 13, 2007,
by and between RNM
Lakeville, LLC , a Delaware limited liability company
(successor to RNM Lakeville, L.P.) (“Landlord”), and
Oculus Innovative
Sciences, Inc. (f/k/a MicroMed Laboratories, Inc.), a
California corporation (“Tenant”).
Recitals
A. Landlord and Tenant
are parties to that certain Lease dated as of October 26,
1999, as amended by Amendment No. 1 to Lease dated as of
September 15, 2000, Amendment No. 2 to Lease dated as of
July 29, 2005 and Amendment No. 3 to Lease dated as of
August 23, 2006 (collectively the “Lease”),
pursuant to which Landlord leases to Tenant, and Tenant leases from
Landlord, certain Premises in Petaluma, California. Unless
otherwise defined herein, all capitalized terms shall have the
meanings assigned to them in the Lease.
B. The term of the
Lease expires on September 30, 2007.
D. The parties wish to
amend the Lease to extend the Lease Term as provided herein.
Therefore , for
consideration, the adequacy and receipt of which are hereby
acknowledged, the parties agree as follows:
1. Term. The Termination
Date of the Lease is hereby extended to September 30,
2010.
2. Base Rent. Commencing
October 1, 2007, Base Rent for the Premises per month shall be
as follows:
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Months |
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Base Rent |
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Oct 2007
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$0 (abated) |
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Nov 1 2007 to Sept
30, 2008
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$ |
24,611.40 |
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Oct 1, 2008 to
Sept 30, 2009
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$ |
25,730.10 |
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Oct 1, 2009 to
Sept 30, 2010
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$ |
26,848.80 |
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Improvement Allowance.
Landlord shall reimburse Tenant up to $20,000.00 for the cost of
installing additional HVAC capacity and backup power generator
equipment for the Premises, all in connection with Alterations to
be performed by Tenant to improve and convert the existing
warehouse portion of the Premises to laboratory uses. To qualify
for such reimbursement, such funds shall be expended by Tenant no
later than March 31, 2008, and Tenant must submit to Landlord,
no later than April 30, 2008, receipts, evidence of payment
and lien releases relating to such Alterations and as are
reasonably acceptable to Landlord. All such
1.
