SECOND AMENDMENT TO LEASE
AGREEMENT
THIS SECOND
AMENDMENT TO LEASE AGREEMENT ( “ Second Amendment
”) is made and entered into this 9th day of January, 2009, by
and between NOBLEGENE DEVELOPMENT, LLC , a Tennessee limited
liability company (“ Landlord ”) and
BIOMIMETIC THERAPEUTICS, INC. , a Delaware corporation
(“ Tenant ”).
WHEREAS ,
Landlord has leased to the Tenant certain premises in the CSLSC
Building C (“ Building C ”) as more particularly
described in that certain Lease Agreement dated August 17,
2007 between Landlord and Tenant (the “ Building C
Lease ”);
WHEREAS ,
Landlord has incurred additional costs in the shell design and
construction of Building C due to Tenant’s requested changes
to the shell of Building C (see Schedule “A”);
and
WHEREAS ,
Landlord and Tenant have mutually agreed to amend the Lease as set
forth herein to compensate Landlord for its additional
costs.
NOW,
THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Landlord and Tenant do
hereby covenant and agree as follows:
|
1.
|
|
Amendment
. Section 3.1
of the Lease is deleted in its entirety and replaced with the
following language:
|
|
|
|
“ 3.1 Base Rent.
Tenant shall pay to Landlord, without
notice or demand, in lawful money of the United States of America,
at Landlord’s address set forth herein or at such other place
or to such other person, firm or corporation as Landlord, from time
to time, may designate in writing, Base Rent for each Lease Year
during the Term of this Lease in an annual amount equal to
$26.00 multiplied by the Thirty-Thousand (30,000)
rentable square feet within the Leased Premises, and such amount
shall be adjusted from time to time under the terms of this Lease.
The annual Base Rent, which for the first Lease year shall be
Seven Hundred and Eighty Thousand and 00/100 Dollars
($780,000.00) , shall be due and payable in twelve
(12) equal monthly installments in the amount of Sixty
Five Thousand and 00/100 Dollars ($65,000.00) each ,
payable in advance, beginning on the Commencement Date and
continuing on the first d
|
|
