EXHIBIT 10.43
SEVENTH AMENDMENT TO
LEASE
THIS SEVENTH AMENDMENT TO LEASE
(this “Seventh Amendment”) is made as of the 18
th day of November, 2008 (the “Seventh
Amendment Date”), by and between THE REALTY ASSOCIATES FUND
VI, L.P., a Delaware limited partnership (“Landlord”)
and CUBIST PHARMACEUTICALS, INC., a Delaware corporation
(“Tenant”).
RECITALS:
WHEREAS, by a lease (the
“Original Lease”) dated as of January, 2004, California
State Teachers’ Retirement System (“Calsters”)
leased to Tenant approximately 15,475 rentable square feet of
space, consisting of a portion of the second (Suite 2201-55)
and fourth (Suite 4201-55) floors in the building known as
45-55 Hayden Avenue, Lexington, Massachusetts (the
“Building”); and
WHEREAS, Landlord has succeeded to
the interests of Calsters as landlord under the Lease;
and
WHEREAS, the Original Lease has been
amended by a First Amendment to Lease between Landlord and Tenant,
dated as of September 29, 2005 (the “First
Amendment”), by a Second Amendment to Lease between Landlord
and Tenant dated as of November 18, 2005 (the “Second
Amendment”), by a Third Amendment to Lease between Landlord
and Tenant dated as of June 20, 2007 (the “Third
Amendment”), by a Fourth Amendment to Lease dated as of
October 25, 2007, by a Fifth Amendment to Lease (the
“Fifth Amendment”) dated as of December 18, 2007,
and by a Sixth Amendment to Lease (the “Sixth
Amendment”) dated as of July 31, 2008 (the Original
Lease, as so amended, being referred to as the
“Lease”), pursuant to which the size of the premises
demised under the Original Lease was increased to 131,143 rentable
square feet (the “Existing Premises”). The Existing
Premises consist of Suites 2201-55, 2200-55, 3000-55, 3200-55,
3201-55, 4201-55, 4200-55, 4600-45, and 1000-55; and
WHEREAS, by letter dated as of
April 27, 2006, and pursuant to the Second Amendment, Tenant
elected to include Suite 2200-55 (also known as the Comet
Space) in the Existing Premises for the remainder of the Lease
Term; and
WHEREAS, Landlord and Tenant now
desire to further amend the Lease to, among other things, grant to
Tenant the exclusive right to use approximately 1,754 square feet
of space on the ground floor of the 55 Hayden Avenue portion of the
Building (the “Lobby Space”), and to adjust the rent
and certain provisions, all on the terms and conditions set forth
below.
NOW, THEREFORE, in consideration of
the mutual covenants herein contained, and for other good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, and intending to be legally bound hereby,
Landlord and Tenant hereby agree as follows:
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