Exhibit 10.1
FIFTH AMENDMENT TO
LEASE
THIS FIFTH AMENDMENT TO LEASE (this
“ Fifth Amendment ”) is made as of this 1
st
day of December, 2005,
by and between ALEXANDRIA REAL ESTATE EQUITIES, INC. , a
Maryland corporation (“ Landlord ”), and
XCYTE THERAPIES, INC. , a Delaware corporation (“
Tenant ”).
RECITALS
A. Landlord and Tenant have entered into that
certain Lease Agreement dated as of June 21, 1999, as amended
by that certain First Amendment to Lease dated as of
October 23, 2001, that certain Second Amendment to Lease dated
as of March 26, 2003, that certain Third Amendment to Lease
dated as of November 12, 2003 (the “ Third
Amendment ”), and that certain Fourth Amendment to Lease
dated as of April 28, 2004 (as amended, the “
Lease ”). Pursuant to the Lease, Landlord leases to
Tenant certain premises in the building located at 1124 Columbia
Street, Seattle, Washington, and more particularly described in the
Lease. Capitalized terms used herein without definition shall have
the meanings defined for such terms in the Lease.
B. Landlord and Tenant desire, subject to the terms
and conditions set forth herein, to amend the Lease to, among other
things, effect Tenant’s surrender, on or before
November 30, 2005 (the date of such surrender being the
“ Surrender Date ”) of that portion of the
Premises within the Building located on the 7
th
floor, consisting of
approximately 12,630 rentable square feet, and more particularly
shown on Exhibit B attached hereto (the “
Surrendered Premises ”).
NOW, THEREFORE,
in consideration of the foregoing
Recitals, which are incorporated herein by this reference, the
mutual promises and conditions contained herein, and for other good
and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Landlord and Tenant hereby agree as
follows:
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1.
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Definition of Premises
. Effective on the first day
following the date that Tenant surrenders the Surrendered Premises
to Landlord pursuant to Section 28 of the Lease which
date shall be on or before November 30, 2005 (the “
Effective Date ”), the definition of Premises on Page
1 of the Lease is hereby deleted in its entirety and replaced with
the following:
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Premises: That portion of the Building located on the
first floor known as Suites 110 and 130, containing approximately
8,029 rentable square feet, that portion of the Building known as
Suite 120, containing approximately 2,874 rentable square feet, and
that portion of the Building known as Suite 70, containing
approximately 700 rentable square feet, as determined by Landlord,
and all as more particularly shown on Exhibit A .
Commencing on the Effective Date,
Exhibit A attached to the Lease is also hereby deleted in
its entirety and replaced with Exhibit A attached to this
Fifth Amendment.
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2.
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Base
Rent . Commencing on
the Effective Date and continuing until September 30, 2006,
Tenant shall be required to pay Base Rent for the Premises as
follows: $12,383.25 per month for Suites 110 and 130, $4,432.63 per
mon
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