|
Exhibit
10.6H
SECOND AMENDMENT TO
LEASE
T HIS S
ECOND A MENDMENT T O L
EASE (“Second Amendment”) is made
effective and entered into as of January 4, 2007, by and
between 2000 S IERRA P OINT P
ARKWAY LLC , a Delaware limited liability
company (“Landlord”), and T ERCICA ,
I NC ., a Delaware corporation
(“Tenant”).
R
ECITALS
A. Landlord (as
successor in interest to 2000 Sierra Point, LLC) and Tenant are
parties to that certain Lease Agreement (“Original
Lease”) dated as of March 7, 2005 pursuant to which
Landlord leased to Tenant and Tenant leased from Landlord
approximately 28,278 rentable square feet (“Original
Premises”) at 2000 Sierra Point Parkway, Brisbane, California
(“Building”).
B. Landlord and Tenant
wish to amend the Lease to incorporate into the Original Premises
the additional area defined in Exhibit A as the Expansion
Premises.
N OW , T
HEREFORE , in consideration of the foregoing
Recitals, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Landlord
and Tenant hereby agree as follows:
1. Commencement Date;
Term. The Commencement Date of this Second Amendment shall be
the date of Execution, and shall thereafter have a term of lease
coterminous with that of the Original Lease, including renewal
options set forth in the Original Lease.
2. Expansion Premises.
Landlord shall deliver and lease to Tenant, and Tenant shall accept
and lease from Landlord, the Expansion Premises as defined in
Exhibit A of this Second Amendment. The Expansion Premises
shall be delivered to Tenant in its current “As-Is”
condition, except as provided in Exhibit A . The Expansion
Premises shall be delivered to Tenant by Landlord upon the later
of: i) completion of the improvement work required in Exhibit A, or
ii) May 1, 2007. Upon the delivery of the Expansion Premises,
the term “Premises” as used in the Original Lease shall
mean both the Original Premises and the Substitute
Premises.
3. Base Rent for the
Expansion Premises. The Base Rent for the Expansion Premises
shall commence upon the delivery of the Expansion Premises by
Landlord to Tenant and shall be as follows:
|
|
|
|
|
Period
|
|
Monthly Base Rent |
|
Delivery Date—June 30,
2008
|
|
$ |
11,196.90 |
|
July 1, 2008—June 30,
2009
|
|
$ |
11,700.76 |
|
July 1,2009—June 30,
2010
|
|
$ |
12,227.29 |
|
July 1,2010—June 30,
2011
|
|
$ |
12,777.52 |
|
July 1,2011—September 30,
2011
|
|
$ |
13,352.51 |
The Base Rent for the Original Premises
shall remain in full force and effect and is unchanged by this
Second Amendment. The Base Rent for the Expansion Premises shall be
in addition to the Base Rent for the Original Premises.
4. Tenant’s Share of
the Building for Operating Costs and Taxes. Upon the Delivery
of the Expansion Premises, the Tenant’s Share of the Building
for Operating Costs as defined in the Original Lease shall be
increased to 14.50%.
5. Parking. Upon the
Delivery of the Expansion Premises, the Tenant’s Parking
Allocation shall be increased to 113 unreserved parking
spaces.
6. Expansion Options.
All Option rights granted to the Tenant by the Original Lease for
expanding into addit
|
