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Exhibit
10.6I
THIRD AMENDMENT TO
LEASE
T HIS T
HIRD A MENDMENT T O L
EASE (“Third Amendment”) is made
effective and entered into as of July 6, 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”).
RECITALS
A. Landlord (as successor in
interest to 2000 Sierra Point, LLC) and Tenant are parties to that
certain Lease Agreement (“Original Lease”) dated
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 are
also parties to that certain First Amendment dated May 1, 2006
and that certain Second Amendment dated January 4,
2007.
C. Landlord and Tenant wish
to cancel the Second Amendment.
D. Landlord and Tenant wish
to incorporate into the Original Premises the additional area
defined in Exhibit A as the Expansion Premises.
NOW, THEREFORE, 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 Third Amendment shall be
July 1, 2007, 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. Cancellation of Second
Amendment. The Second Amendment is hereby cancelled. The terms
of the Second Amendment are hereby agreed to be null and
void.
3. 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 Third Amendment. The Expansion Premises
is that certain portion of the 3 rd Floor of the Building outlined in the floor plan included in
Exhibit A , which contains approximately 6,116 net rentable
square feet. The Expansion Premises shall be combined with the
Original Premises to create a combined Premises of 34,394 net
rentable square feet. 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 by
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Tercica Third Lease Amendment
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1
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September 1, 2007; in the event
that the Expansion Premises is not delivered to Tenant by Landlord
until a date after September 1, 2007, then for each day of
delay (provided that said delay is not caused by action of Tenant)
Tenant shall not be responsible to pay the pro rata amount of
Monthly Base Rent for the Expansion Premises. 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.
4. Base Rent for the
Expansion Premises. The Base Rent for the Expansion Premises
shall commence on July 1, 2007 and shall be as
follows:
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Period
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Monthly Base Rent |
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July 1, 2007 – June 30,
2008
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$ |
20,182.80 |
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July 1, 2008 – June 30,
2009
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$ |
21,091.03 |
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July 1, 2009 – June 30,
2010
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$ |
22,040.12 |
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July 1, 2010 – June 30,
2011
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$ |
23,031.93 |
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July 1, 2011 –
September 30, 2011
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$ |
24,068.36 |
The Base Rent for the Original Premises
shall remain in full force and effect and is unchanged by this
Third Amendment. The Base Rent for the Expansion Premises shall be
in addition to the Base Rent for the Original Premises.
5. Tenant’s Share of
the Building for Operating Costs and Taxes. Effective
July 1, 2007, the Te
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