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Exhibit 10.1(h)
EIGHTH AMENDMENT OF LEASE
This Eighth Amendment of Lease ("Eighth Amendment") is made as
of February 21, 2007, by and between Bobson 333 LLC, a
Massachusetts limited liability company ("Landlord") and
Immunogen, Inc. ("Tenant").
WHEREAS, Landlord is the landlord and Tenant is the successor
tenant under that certain Lease dated June 21, 1988, as
amended (collectively, the "Lease") relating to portions of the
first floor (the "Existing Leased Premises") in the South Building
located at 333 Providence Highway, Norwood, Massachusetts (the
"Property"), as more fully described in the Lease and shown on the
"Lease Plan for Babson Realty #321-333 Providence Highway, Norwood,
MA, dated June 12, 2003" attached hereto;
WHEREAS, Tenant desires to lease from Landlord an additional
8,400 rentable square feet of space in the South Building presently
occupied by Neo Furniture (the "Existing Additional Space Tenant"),
which is depicted as the "Available 8,400 S.F." space on the
Leasing Plan (the "Additional Space"), on the same terms and
conditions as those set forth in the Lease, except as otherwise
modified herein; and
WHEREAS, Landlord and Tenant have agreed to further amend the
Lease to expand the Existing Leased Premises demised to Tenant
thereunder to include the Additional Space, after which expansion,
Tenant will lease approximately 43,850 net rentable square feet of
the South Building.
NOW, THEREFORE, in consideration of $1.00 and other good and
valuable consideration and in consideration of the mutual covenants
and agreements herein contained, the receipt and sufficiency of all
of which is hereby acknowledged by each of the undersigned unto the
other, the parties hereby agree to further amend the Lease as
follows:
1.
All capitalized terms used herein shall have the same meaning as
set forth in the Lease, unless otherwise defined herein.
2.
Effective April 1, 2007 (the "Additional Space Commencement
Date") the Additional Space will be made available to Tenant vacant
and free of all personal property of the Existing Additional Space
Tenant and broom clean and free from all debris, but otherwise in
its "AS IS" condition (the "Delivery Condition"), the Existing
Leased Premises shall be deemed to include the Additional
Space.
3.
Effective on the Additional Space Commencement Date, Tenant shall
pay to Landlord Yearly Fixed Rent under the Lease for the Existing
Leased Premises and Additional Space together as follows:
a)
Until June 30, 2007 at the annualized rental rate of $605,500
payable in monthly installments, in advance, on the first day of
each calendar month, in the amount of $50,458;
b)
From July 1, 2007 through June 30, 2008 an annual rent of
$671,275 payable in monthly installments, in advance, on the first
day of each calendar month, in the amount of $55,940;
c)
From July 1, 2008 through June 30, 2009 an annual rent of
$737,050 payable in monthly installments, in advance, on the first
day of each calendar month, in the amount of $61,421;
d)
From July 1, 2009 through June 30, 2010 an annual rent of
$802,825 payable in monthly installments, in advance, on the first
day of each calendar month, in the amount of $66,902; and
e)
From July 1, 2010 through June 30, 2011 an annual rent of
$824,750 payable in monthly installments, in advance,
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