FIFTH AMENDMENT TO LEASE
THIS FIFTH AMENDMENT TO LEASE (“ Amendment ”) is entered into effective as of this 12 th day of November 2007, between IRET – PLYMOUTH, LLC , a Minnesota limited liability company (“ Landlord ”), and VASCULAR SOLUTIONS, INC. , a Minnesota corporation (“ Tenant ”).
THEREFORE, FOR VALUABLE CONSIDERATION, Landlord and Tenant agree as follows:
1. Expansion of Premises . As of August 1, 2008 (the “ Expansion Date ”), the Lease is amended to increase the size of the Premises being leased by Tenant to include an additional 46,562 square feet of the Building as reflected on attached Exhibit 1 (the “ Expansion Space ”). As of the Expansion Date, the Premises, which thereafter shall include the Expansion Space, shall equal the entire Building and shall contain a total of 79,297 square feet.
2. Extension of Term . The term of the Lease is hereby extended for a period of seven (7) years, commencing on October 1, 2008, and continuing through September 30, 2015 (hereinafter, the “ Extension Term ”), unless sooner terminated in accordance with the terms of the Lease.
3. Rent . Commencing on September 1, 2008, Tenant shall pay Base Rent to Landlord, in advance, without offset or deduction, for the Premises (including the Expansion Space) in strict accordance with the following schedule:
For the month of August 2008, Tenant shall be responsible for and pay to the Landlord the Base Rent and any Additional rent as provided for in Lease for the leased space that excludes the Expansion Space. Notwithstanding anything to the contrary, Tenant may occupy the Expansion Space and shall be entitled to the full abatement of Base Rent and Additional Rent attributable to Tenant’s Proportionate Share of Operating Expenses and Taxes (the “ Abated Rent ” ) for the Expansion Space only for a period commencing August 1, 2008 and terminating on August 31, 2008. If no uncured Event of Default by Tenant occurs prior to the expiration of the Term (including the Extension Term), Tenant shall have no obligation to pay the Abated Rent. If at any time during the Term an Event of Default occurs, and if said default is not cured as provided in the Lease, then Tenant shall pay to Landlord, in addition to all other amounts owed under the Lease, the Abated Rent.
4. Pro Rata Share . As of the Expansion Date, Tenant’s Proportionate Share of the Operating Expenses and Taxes shall be increased to 100.00%.
5. Tenant Improvements . Landlord is providing the Premises (including the Expansion Space) to Tenant in its current “AS IS” condition, without representation or warranty of any kind. Landlord shall have no obligation to make any modifications or alterations to the Premises (including the Expansion Space) except as expressly provided herein, the Lease, and including paragraph 8 (Roof Replacement) below. Landlord acknowledges that Tenant intends to construct certain improvements in the Expansion Space (the “ Tenant Improvements ”). The costs of the Tenant Improvements shall be paid by Tenant; provided, however, that Landlord shall make available to Tenant an allowance of up to Two Hundred Thousand Dollars and no/100 Dollars ($200,000.00) (the “ Allowance ”). After the Expansion Date, upon receipt of paid receipt invoices, lien waivers, and any other information or documentation reasonably requested by Landlord, Landlord shall reimburse Tenant from the Allowance for Tenant’s actual costs relating to the construction of the Tenant Improvements. The Allowance may not be used to offset Rent, or to reimburse Tenant for any costs or expenses not directly related to the construction of the Tenant Improvements. The Tenant Improvements shall be constructed (i) in accordance with the plans and specifications that have been approved by Landlord in writing (which approval shall not be unreasonably withheld, conditioned or delayed), (ii) in a good and workmanlike manner using only new and first-grade materials, (iii) in compliance with all other applicable provisions in the Lease, and (iv) in compliance with all applicable governmental laws, ordinances, rules and regulations. If the cost of the Tenant Improvements exceeds the Allowance, Tenant shall have sole responsibility for the payment of such excess cost. If the cost of the Tenant’