Exhibit 10.1
FOURTH AMENDMENT TO LEASE
THIS FOURTH AMENDMENT TO LEASE (this
“Amendment”) is made and entered into as of March 31,
2008, by and between O.P., L.L.C., an Illinois limited
liability company, as Landlord or its assignees (the
“Landlord”) and CytoCore, Inc., (fka Molecular
Diagnostics, Inc.) a corporation as
(“Tenant”).
RECITALS
WHEREAS, Tenant is currently
occupying office space on the fifth floor in the building commonly
known as 414 North Orleans Street, in Chicago, Illinois (the
“Building”) pursuant to that certain Lease by and
between Landlord and Tenant dated May 18, 2000, as amended by
First Amendment dated June 13, 2003; Second Amendment, dated
October 1, 2003; and Third Amendment, dated September 22,
2004.
WHEREAS, Tenant desires to expand its
space and vacate Suite 502 consisting of 700 square feet as
described below.
WHEREAS, Landlord and Tenant desire
to amend the Lease according to the terms hereof;
NOW THEREFORE, for and in
consideration of the covenants and agreements hereinafter set
forth, and also in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Landlord and Tenant
hereby mutually agree as follows:
1. Controlling Language
. Insofar as the specific terms and provisions of this Amendment
purport to amend or modify or are in conflict with the specific
term, provisions and exhibits of the Lease, the terms and
provisions of this Amendment shall govern and control; in all other
respects, the terms, provisions and exhibits of the Lease shall
remain unmodified and in full force and effect.
2. Premises Covered by the
Amendment . Landlord and Tenant hereby agree that for purposes
of this Amendment and for purposes of the Lease,; Effective
April 17 , 2008, Tenant shall vacate existing
Suite 502 consisting of 700 square feet; Effective
April 15, 2008, the remaining Premises (Suite 503
consisting of 1,840 square feet) shall include Suite 510
consisting of 3,787 square feet (“Expansion Premises”)
together the total of 5,627 square feet shall be hereinafter now
referred to as the (“Premises”).
3. Term of the Lease .
The Term of the Lease including the Expansion Premises is hereby
extended for a period of five (5) ye
