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FIRST AMENDMENT TO OFFICE LEASE

Office Lease Agreement

FIRST AMENDMENT TO OFFICE LEASE | Document Parties: OBAGI MEDICAL PRODUCTS, INC. | Kilroy Realty Corporation You are currently viewing:
This Office Lease Agreement involves

OBAGI MEDICAL PRODUCTS, INC. | Kilroy Realty Corporation

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Title: FIRST AMENDMENT TO OFFICE LEASE
Date: 8/11/2008
Industry: Biotechnology and Drugs     Sector: Healthcare

FIRST AMENDMENT TO OFFICE LEASE, Parties: obagi medical products  inc. , kilroy realty corporation
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Exhibit 10.45


FIRST AMENDMENT TO OFFICE LEASE

        This FIRST AMENDMENT TO OFFICE LEASE (" First Amendment ") is made and entered into as of the 6 day of August 2008, by and between KILROY REALTY, L.P., a Delaware limited partnership (" Landlord "), and OMP, INC., a Delaware corporation (" Tenant ").


RECITALS:

        A.    Landlord and Tenant entered into that certain Office Lease dated April 22, 2008 (the " Lease "), whereby Landlord leases to Tenant and Tenant leases from Landlord approximately 30,884 rentable (28,806 usable) square feet of space commonly known as Suites 500 and 620 (the " Premises ") and located on the fifth and sixth floors of that building located at 3760 Kilroy Airport Way, Long Beach, California (the " Building "), which Building is part of Phase II of that certain mixed-use project commonly known as Kilroy Airport Center Long Beach (" Project ").

        B.    The parties desire to confirm the delivery of the Premises to Tenant and document the Lease Commencement Date of the Lease, extend the Lease Term of the Lease, and otherwise amend the Lease on the terms and conditions set forth in this First Amendment.


AGREEMENT:

        NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:

        1.      Capitalized Terms .    All capitalized terms when used herein shall have the same respective meanings as are given such terms in the Lease unless expressly provided otherwise in this First Amendment.

        2.      Delivery of the Premises; Lease Commencement Date .    Landlord and Tenant acknowledge that Landlord delivered possession of the Premises to Tenant on Tuesday, July 1, 2008, and that Tenant has accepted the same in accordance with the terms set forth in the Lease. Pursuant to the original terms of Section 3.2 of the Summary of the Lease, which provided that the Lease Commencement Date shall be one hundred twenty (120) days following the date on which Landlord delivers the Premises to Tenant, Landlord and Tenant hereby acknowledge and agree that the " Lease Commencement Date " shall be Wednesday, October 29, 2008.

        3.      Lease Term .    Notwithstanding the existing terms set forth in the Lease, Landlord and Tenant hereby agree to extend the Lease Term from its current period of approximately seven (7) years, to a period of approximately ten (10) years. Accordingly, effective as of the date of this First Amendment, Section 3 of the Summary of the Lease is hereby amended and restated in its entirety as follows:

 

 

 

 

 

 

 

"3.

 

Lease Term
( Article 2 ).

 

 

 

 

 

 

 

 

 

3.1

 

Length of Term:

 

Ten (10) years and two (2) days.

 

 

3.2

 

Lease Commencement Date:

 

October 29, 2008.

 

 

3.3

 

Lease Expiration Date:

 

October 31, 2018."

1


        4.      Base Rent .    Effective as of the date of this First Amendment, Section 4 of the Summary of the Lease is hereby amended and restated in its entirety as follows:

 

 

 

 

 

 

 

"4.

 

Base R


 
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