Exhibit 10.1
*
Confidential Materials Omitted And Filed Separately With The
Securities And Exchange Commission. Asterisks Denote
Omissions.
FIRST AMENDMENT TO LEASE
This First Amendment to Lease
(this “ Amendment ”) is entered into as of
September 14, 2007 (the “ First Amendment Date
”) by and between BMR-Landmark at Eastview LLC, a Delaware
limited liability company (“ Landlord ”), and
Regeneron Pharmaceuticals, Inc., a New York corporation (“
Tenant ”).
RECITALS
(A) Landlord and Tenant are
parties to that certain Lease (the “ Lease ”)
dated as of December 21, 2006, pursuant to which Landlord
(a) leases the Premises (as defined in the Lease) to Tenant
and (b) has provided Tenant an option (the “
Expansion Option ”) to expand the Premises and take
occupancy of the entire New Multiple Tenant Building. All
capitalized terms used but not otherwise defined herein shall have
the meanings given such terms in the Lease.
(B) Tenant has delivered to
Landlord the Expansion Notice.
(C) Landlord and Tenant desire
to amend certain terms of the Lease, as set forth below, to reflect
their understanding with respect to such terms and the addition of
the Expansion Space (as defined below) to the Premises.
AGREEMENT
NOW, THEREFORE, Landlord and Tenant,
in consideration of the mutual promises contained herein and for
other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, and intending to be legally
bound, agree as follows:
A. Amendments
1. Expansion Space . The
Lease is hereby amended to include the first floor of the New
Multiple Tenant Building, as depicted on Exhibit A
attached to the Lease (the “ Expansion Space ”),
so that such space constitutes a part of, and is included within
the meaning of, the “New Multiple Tenant Building
Premises”, the “New Premises” and the
“Premises”, as such terms are used in the Lease. The
Expansion Space shall be delivered to Tenant together with the rest
of the New Multiple Tenant Building Premises in accordance with the
terms of the Lease, so that the entire New Multiple Tenant Building
will be leased to Tenant. Except as specifically provided otherwise
herein or in the Lease, all of the terms and conditions set forth
herein and in the Lease shall apply to the Expansion
