Exhibit 10.1
FIRST AMENDMENT TO
LEASE
THIS AMENDMENT TO
LEASE , dated
November 18, 2008 for reference purposes only (this
“Amendment”), is made by and between CASTRO MOUNTAIN
VIEW, LLC , a California limited liability company, and
CP6CC, LLC , a Delaware limited liability company, as
tenants in common and successor in interest to THOMAS A. LYNCH;
Trudy Molina Flores, Trustee of the JOLEN FLORES AND TRUDY MOLINA
FLORES JOINT LIVING TRUST DATED APRIL 3, 2001; E. WILLIAM AND
CHARLOTTE DUERKSEN, husband and wife; E. William and Charlotte
Duerksen, Trustees of the DUERKSEN FAMILY TRUST DATED FEBRUARY 16,
1999; Daniel F. Dutton, Jr. and Joyce F. Dutton, Trustees
under the DUTTON FAMILY TRUST DATED SEPTEMBER 16, 1993; Noel S.
Schuurman, Trustee of the NOEL S. SCHUURMAN TRUST; THE DUARTE
FAMILY PARTNERS, L.P., a California limited partnership; Marie
Straube, Trustee of the MARIE ANTOINETTE CLOUGH REVOCABLE LIVING
TRUST DATED JANUARY 11, 1989; and BLUE OAK PROPERTIES, INC., a
California corporation (collectively the “Landlord”)
and VIVUS, Inc. , a Delaware corporation
(“Tenant”), to be effective and binding upon the
parties as of the date the last of the designated signatories to
this Lease shall have executed this Lease (the “Effective
Date of this Lease”).
Recitals
A.
Tenant and Landlord’s
predecessor in interest have entered into a certain Lease Agreement
dated October 16, 2006 (the “Lease”) for
approximately 14,237 square feet, located at 1172 Castro Street,
which is part of a two- building complex (“Complex”) in
the City of Mountain View, County of Santa Clara, California
(“Premises”).
B.
Tenant and Landlord now desire to
extend the term of the Lease on the terms and conditions set forth
below.
Agreement
1.
Extension of Term
: The current term of the
Lease expires on July 31, 2009. Landlord and Tenant have
agreed to extend the lease term for an additional twenty four (24)
months commencing on August 1, 2009 and ending on
July 31, 2011 (the “Extended Term”). All
references to “Lease Term” in the Lease shall also
include the Extended Term, and the “Lease Expiration
Date” shall be July 31, 2011.
2.
Fixed Minimum Rent
: The Minimum Rent shall be as
follows for the Extended Term:
|
Period
|
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Minimum Rent (per
leaseable square foot)
|
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Minimum Rent (total
per month)
|
|
|
August 1, 2009-July 31,
2011
|
|
$
|
1.64
|
|
$
|
23,348.68
|
|
|
|
|
|
|
|
|
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1
