Exhibit 10.1.11
AMENDED AND RESTATED OFFICE
LEASE AGREEMENT
[2990 BUILDING]
THIS AMENDED AND
RESTATED OFFICE LEASE AGREEMENT (this
“Agreement” ), is made and entered into as of
the 26th day of January 2007 (the “Effective
Date” ), by and between BUSINESS PARK INVESTORS GROUP,
LLC, a Delaware limited liability company,
successor-in-interest to AP-Southeast Realty LP, successor by name
change to Crocker Realty Trust, L.P., which, in turn, is
successor-in—interest to Connecticut General Life Insurance
Company ( “Landlord” ) and IMMUCOR, INC.,
a Georgia corporation ( “Tenant” ).
W I T N E S S E T H
:
WHEREAS , Tenant
and Landlord entered into that certain Office Lease Agreement,
dated as of February 2, 1996, as amended by that certain First
Amendment to Lease Agreement dated as of March 8, 1998, as amended
by that certain Second Amendment to Lease Agreement dated as of
August 18, 1998, as amended by that certain Third Amendment to
Lease Agreement dated as of August 19, 1999, as amended by that
certain Fourth Amendment to Lease Agreement dated as of August 8,
2002, as amended by that certain Amended and Restated Fifth
Amendment to Lease Agreement dated as of January 18, 2005, and as
further amended by that certain Sixth Amendment to Lease Agreement
dated as of March 31, 2006 (as so amended, the
“Lease” ) with respect to the therein described
space located as more particularly described in the Lease in the
buildings known as 2975 Gateway Drive, Norcross, Georgia (the
“2975 Building” ), 2990 Gateway Drive, Norcross,
Georgia (the “2990 Building” ), 3130 Gateway
Drive, Norcross, Georgia (the “3130 Building” ),
3150 Gateway Drive, Norcross, Georgia (the “3150
Building” ), and 7000 Peachtree Industrial Boulevard,
Norcross, Georgia (the “7000 Building” )
(individually and collectively, the “Building” )
located in that certain office park known as Colony Center Business
Park (the “Building Project” ); and
WHEREAS , true and
correct copies of the Lease (including all amendments thereto) are
attached hereto as Exhibit A ; and
WHEREAS , the
rentable square feet of leased space currently held by Tenant
within each individual Building in the Building Project is set
forth on Exhibit B attached hereto ( “RSF by
Building” ); and
WHEREAS , Landlord
and Tenant desire to amend and restate the terms of the Lease in
its entirety for the sole purpose of partitioning the Lease by
individual Building on a stand alone basis pursuant to the terms
and conditions set forth in this Agreement.
NOW, THEREFORE , in
consideration of the foregoing and the mutual promises and
covenants contained herein and in the Lease, and for other good and
valuable consideration the receipt and sufficiency of which are
hereby acknowledged, Landlord and Tenant hereby agree as
follows:
1
1. Partition of Lease by Building; No Cross
Default; Future Expansions .
A. As of the Effective
Date, this Agreement shall constitute a separate and distinct,
stand alone lease for each of the individual Buildings in the
Building Project (individually or collectively, a “Stand
Alone Lease”) . Each Stand Alone Lease shall operate
independently of all other Stand Alone Leases as if each was
entered into separately without reference to the other. Except as
otherwise expressly stated herein, each Stand Alone Lease shall be
on the exact same terms and conditions as are set forth in the
Lease attached hereto as Exhibit A, provided that each Stand Alone
Lease shall only govern the RSF by Building as set forth on Exhibit
B (as may be expanded or modified from time to time) for the
Building in question. Accordingly, the definition of
“Premises” in the Lease which pertains to the leased
space as a whole shall hereby be amended with respect to each Stand
Alone Lease so to cover only the RSF by Building as governed by the
applicable Stand Alone Lease.
B. To the extent any
provision in the Lease operates to proportionately allocate any
rights and/or obligations under the Lease based on rentable square
footage, such rights and/or obligations in each Stand Alone Lease
shall hereby be amended so as to be allocated proportionately based
on the ratio of the amount of rentable square feet of leased space
held by Tenant under each Stand Alone Lease bears in relation to
the total amount of rentable square feet in the Building Project as
a whole. Accordingly, Tenant’s Share of the Project shall be
calculated separately for each Stand Alone Lease in accordance with
the Lease. Without limiting the generality of the foregoing, all
obligations for Common Area Costs, Real Estate Taxes,
Landlord&
