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Exhibit 10.2
THIRD LEASE AMENDMENT AND
TERMINATION AGREEMENT
Between
BENAROYA CAPITAL COMPANY,
LLC
and
ICOS CORPORATION
This Third Lease Amendment and Termination
Agreement dated August 11, 2005 is attached to and made part
of that certain Lease dated May 20 th , 1997, as amended by that First
Lease Amendment dated February 18, 1998 and by that certain
Second Lease Amendment dated August 13, 2001 (collectively the
“Lease”) between Benaroya Capital Company, LLC., a
Washington limited liability company, as Lessor
(“Lessor”) and ICOS Corporation., a Delaware
corporation, as Lessee (“Lessee”) in the Building known
as Canyon Park – 4, at 2222 220 th Street SE in Bothell, Washington
(the “Premises”). The Premises are more particularly
described in the Lease.
The terms used herein shall have the same
definitions as set forth in the Lease.
RECITALS
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In addition to
the above referenced “Lease”, the parties have also
entered into a lease covering space adjacent to the Premises. That
adjacent space lease was dated September 6, 2000, which Lease
is hereafter referred to as the “Adjacent
Lease”.
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Together the
Lease and the Adjacent Lease cover the entire Building
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Both the Lease
and the Adjacent Lease are scheduled to terminate on March 31,
2006
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The parties
desire to merge the provisions of the leases resulting in one lease
covering the entire Building.
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Contemporaneously with the execution of this
Third Lease Amendment the parties will execute a First Lease
Amendment to the Adjacent Lease expanding the Premises thereunder
to incorporate the Premises under this Lease and also extending its
term.
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NOW THEREFORE, in
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