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First Amendment to Lease

Lease Agreement

First Amendment to Lease | Document Parties: Alkermes, Inc | PD Winter Street, LLC | PDM 850 UNIT, LLC | PDM Unit 850, LLC You are currently viewing:
This Lease Agreement involves

Alkermes, Inc | PD Winter Street, LLC | PDM 850 UNIT, LLC | PDM Unit 850, LLC

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Title: First Amendment to Lease
Date: 8/6/2009
Industry: Biotechnology and Drugs     Sector: Healthcare

First Amendment to Lease, Parties: alkermes  inc , pd winter street  llc , pdm 850 unit  llc , pdm unit 850  llc
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Exhibit 10.2

EXECUTION COPY

First Amendment to Lease

     This First Amendment to Lease (“ Amendment ”) is by and between PDM Unit 850, LLC, a Delaware limited liability company (“ Landlord ”), and Alkermes, Inc., a Pennsylvania corporation ( “ Tenant ”) and is executed as of this 18th day of June, 2009.

     WHEREAS, Landlord and Tenant are parties to a certain Lease (as amended by this Amendment, the “ Lease ”) dated as of April 22, 2009, with respect to certain premises (the “ Original Premises ”) located at 850 Winter Street, Waltham, Massachusetts;

     WHEREAS, Tenant desires to expand the Premises to include a certain portion of the third floor of the Building more particularly shown on Exhibit A , attached;

     NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

1. Undefined Terms . All capitalized terms used herein and not herein defined shall have the meanings set forth in the Lease.

2. Expansion Space . Landlord hereby agrees to lease to Tenant and Tenant hereby agrees to lease from Landlord the portion of the third floor of the Building shown on Exhibit A to this Amendment containing 15,254 rentable square feet (the “ Expansion Space ”). The Expansion Space shall be added to and leased by Tenant as part of the Premises under the Lease on all of the terms set forth therein, except as otherwise provided in this Amendment, and except as otherwise expressly set forth herein all references to the Premises in the Lease shall hereafter mean the Original Premises plus the Expansion Space, which together consist of 115,489 rentable square feet in the aggregate. The Expansion Space is included within the Office Portion as defined in Section 1.03 of the Lease. Tenant acknowledges that its right to expand the Premises pursuant to Article 23 of the Lease has expired with respect to the third floor of the Building.

3. Expansion Space Base Rent . Effective as of the date hereof, Section 2.01 of the Lease is hereby deleted in its entirety and the following is inserted in its place:

“Section 2.01. Base Rent. (a) The “ Rent Commencement Date ” shall mean, respectively, (x) for the Office Portion (other than the Expansion Space), the date that is six months after the Commencement Date for the Office Portion, (y) for the Lab Portion, the date that is five months after the Commencement Date for the Lab Portion, and (z) for the Expansion Space, the date that is eighteen (18) months after the Commencement Date for the Office Portion . Beginning on the Rent Commencement Date for the applicable Portion and/or Expansion Space, and on the first day of each month thereafter, the Tenant shall pay the Landlord base rent (“ Base Rent ”) in equal monthly installments, in advance, pursuant to the following schedule:

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annual Base

 

 

Annual Base Rent

 

 

Monthly Base

 

 

 

Rent for the

 

 

Per Rentable

 

 

Rent for the

 

Period

 

entire Premises*

 

 

Square Foot

 

 

entire Premises*

 

 

 

 

 

 

 

 

 

 

 

 

 

 

From the Rent Commencement Date through the last day of the 42nd calendar month after the initial Commencement Date.

 

$

2,887,225.00

 

 

$

25.00

 

 

$

240,602.08

 

 

 

 

 

 

 

 

 

 

 

 

 

 

From the first day of the 43rd calendar month after the Commencement Date through the last day of the 78th calendar month after the initial Commencement Date

 

$

3,118,203.00

 

 

$

27.00

 

 

$

259,850.25

 

 

 

 

 

 

 

 

 

 

 

 

 

 

From the first day of the 79th calendar month after the initial Commencement Date through the expiration of the term of this Lease

 

$

3,383,827.70

 

 

$

29.30

 

 

$

281,985.64

 

 

*

 

In the event that the Office Portion (other than the Expansion Space), Lab Portion, and Expansion Space Rent Commencement Dates do not occur on the same day, the Annual Base Rent and Monthly Base Rent shall be apportioned among such areas based on rentable square feet.

     If any Rent Commencement Date is other than the first day of the month, then, with respect to the partial month following such Rent Commencement Date, Tenant shall pay to Landlord on the applicable Rent Commencement Date a pro-rated share of the Base Rent that would have otherwise been payable for such month (based on the number of days remaining in such month) had such Rent Commencement Date occurred on the first day of such month.”

4. Additional Rent . Commencing on the date that is nine months following the Commencement Date for the Office Portion, Tenant’s Pro Rata Share shall increase to 45.55% with respect to the Office Portion and 64.15% with respect to the entire Premises. Any

2


 

electricity for the Expansion Space shall be payable pursuant to Section 3.01 of the Lease commencing on the Commencement Date for the Office Portion.

5. Condition of Premises and Finish Work Allowance .

     (a) Landlord shall deliver the Expansion Space to Tenant in its “as is” condition, and Landlord shall have no obligation to undertake any Finish Work or provide any Finish Work Allowance with respect to the Expansion Space, except as otherwise expressly provided in this Section 5.

     (b) Landlord shall provide Tenant with an allowance for the costs (the “ ES Allowance Costs ”) of the work (the “ Expansion Space Work ”) necessary to prepare the Expansion Space for Tenant’s initial occupancy (including the costs of constructing such Expansion Space Work (the “ Hard Costs ”) and architectural and engineering fees incurred in the design of such Expansion Space Work), Tenant’s outside legal fees incurred in connection with the Lease and the First Amendment to Lease, Tenant’s third party expenses to move into the Premises and to the purchase and installation of data and telecommunications cabling, signage, equipment, trade fixtures and/or furniture in the Premises) in an amount not to exceed $823,716.00 (i.e., $54.00 per rentable square foot of the Expansion Space (the “ ES Work Allowance ”). At least $686,430.00 of the ES Work Allowance (i.e., $45.00 per rentable square foot of the Expansion Space (the “ ES Minimum Expenditure Threshold ”) must be spent on Hard Costs for the Expansion Space Work. All costs for the Expansion Space Work in excess of the ES Work Allowance shall be paid for entirely by Tenant, and Landlord shall not provide any reimbursement or allowance therefore, provided, however, that any portion of the ES Work Allowance in excess of the ES Minimum Expenditure Threshold and not applied towards the Expansion Space Work may be applied towards the Lab Portion at Tenant’s election.

     Landlord shall disburse funds to Tenant for


 
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