Exhibit 10.1
FOURTH AMENDMENT TO
LEASE
THIS FOURTH AMENDMENT TO LEASE (this
“ Fourth Amendment ”) is made as of
August 25, 2009, by and between ARE-TECH SQUARE, LLC ,
a Delaware limited liability company (“ Landlord
”), and DYAX CORP. , a Delaware corporation (“
Tenant ”).
RECITALS
A.
Landlord and Tenant are now parties
to that certain Lease dated June 13, 2001, as amended by that
certain First Amendment to Lease dated March 1, 2002, as
further amended by that certain letter agreement dated
April 17, 2002, as further amended by that certain Second
Amendment to Lease dated December 1, 2002 (“ Second
Amendment ”), and as further amended by that certain
Third Amendment to Lease dated September 6, 2007 (“
Third Amendment ”) (as amended, the “
Lease ”), pursuant to which Tenant leases certain
space containing approximately 91,527 rentable square feet (“
Premises ”) in a building located at 300 Technology
Square, Cambridge, Massachusetts (the “ Building
”) The Premises are 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 to,
subject to the terms and conditions set forth herein, among other
things, amend the Lease to reflect the surrender of that portion of
the Premises containing approximately 24,154 rentable square feet,
consisting of (i) approximately 24,122 rentable square feet
located on the seventh floor of the Building (“
7 th
Floor Surrender
Premises ”), and
(ii) approximately 32 rentable square feet located on the
first floor of the Building (“ 1
st Floor Surrender Premises
”), all as more particularly
described on Exhibit A attached to this Fourth Amendment (the
7 th Floor Surrender Premises and the 1
st Floor Surrender Premises shall be
collectively referred to herein as the “ Surrender
Premises ”). Tenant shall surrender the Surrender
Premises to Landlord on September 15, 2009 (“
Surrender Date ”).
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:
1.
Premises
.
a.
Following the Surrender
Date .
Commencing on September 16, 2009, the definitions of “
Premises ” contained on page i of Exhibit 1
of the Lease and “ Total rentable square feet of
Premises ” contained in Art. 7, page iv of
Exhibit 1 of the Lease, are amended and restated in their
entirety as follows:
“Total rentable square feet of
the Premises: approximately 67,373 rentable square feet,
consisting of (i) approximately 24,122 rentable square feet of
space on the 6 th
floor, (ii) approximately
24,122 rentable square feet of space on the 5 th floor, (iii) approximately 17,476
rentable square feet of space on the 8 th floor, (iv) approximately 1,445
rentable square feet of space on the 1 st floor (“ Dyax 1
st Floor Space ”), and (v) approximately 208
rentable square feet of additional storage space on the 1
st floor (“ 1
st Floor Storage Space
”).”
In addition, commencing on
September 16, 2009, Exhibit 2 attached to the Lease shall
be amended to exclude the Surrender Premises.
