SECOND AMENDMENT
TO
STANDARD MULTI-TENANT OFFICE LEASE — GROSS
THIS SECOND AMENDMENT TO STANDARD
MULTI-TENANT OFFICE LEASE – GROSS dated as of
July 22, 2009 (this “Second Amendment”) is entered
into by and between WESTCORE MESA VIEW, LLC , a Delaware
limited liability company, and DD MESA VIEW LLC , a
California limited liability company (collectively,
“Lessor”), and ADVENTRX PHARMACEUTICALS, INC , a
Delaware Corporation (“Lessee”), with reference to the
following:
R E C I T A L
S
WHEREAS , George V. Casey and
Ellen M. Casey, Trustees of the Casey Family Trust, dated June 22,
1998 (“Original Lessor”), and Lessee entered into that
certain Standard Multi-Tenant Office Lease — Gross dated
June 3, 2004 (the “Original Lease”), together with
that certain Addendum attached thereto (the
“Addendum”), together as amended by that certain First
Amendment to Lease, dated May 12, 2005 (the “First
Amendment”), (the Original Lease, the Addendum, and the First
Amendment are sometimes collectively referred to herein as the
“Lease”) for the lease of certain premises (the
“Premises”), consisting of approximately 8,865 rentable
square feet commonly known as Suite 100 and approximately
3,173 rentable square feet commonly known as Suite 102,
located at 6725 Mesa Ridge Road, San Diego, California (the
“Building”). Lessor is the successor-in-interest to
Original Lessor under the Lease. All capitalized terms used herein
and not otherwise defined herein shall have the meanings ascribed
to such terms in the Lease; and
WHEREAS , Lessor and Lessee
desire by this Second Amendment to amend the Lease in order to,
among other things, (a) reduce the Premises to approximately
3,173 rentable square feet consisting solely of Suite 102 of
the Building, (b) provide for Lessee’s surrender of
possession of Suite 100 of the Building, (c) extend the
Term for an additional nine (9) month period; (d) provide
for the Base Rent to be paid by Lessee for the Reduced Premises (as
defined below); and (e) further amend, modify and supplement
the Lease as set forth herein.
NOW, THEREFORE, in
consideration of the Premises and for other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, Lessor and Lessee hereby agree as follows:
1. Recitals . The
Recitals set forth above are incorporated herein as though set
forth in full herein.
2. Reduction of the
Premises; Description of Premises . Notwithstanding
anything to the contrary contained in the Lease, Lessor and Lessee
agree that on September 1, 2009 (the “Reduction
Date”), the Premises shall be reduced to approximately 3,173
rentable square feet of space consisting only of Suite 102 of
the Building (the “Reduced Premises”). On or before the
Reduction Date, Lessee shall surrender Suite 100 of the
Building, consisting of approximately 8,865 rentable square feet
(the “Surrendered Premises”) to Landlord in accordance
with the terms of the Lease (including, but not limited to,
Section 7.4 of the Original Lease). Following the Reduction
Date, Lessee shall have no right to occupy the Surrendered
Premises. If Lessee does not vacate and surrender occupancy of the
Surrendered Premises to Lessor on or before the Reduction Date,
Lessee’s continued occupancy of the Surrendered Premises
shall be subject to the holdover provisions of Section 26 of
the Original Lease. From and after the Reduction Date, all
references to the “Premises” contained in the Lease
shall be amended to mean and refer to the Reduced Premises.
3. Extension of
Term . Lessor and Lessee acknowledge that the term of the
Lease expires according to its terms on August 31, 2009.
Notwithstanding anything to the contrary contained in the Lease,
Lessor and Lessee agree that the Expiration Date of the Lease shall
be extended such that the Lease shall terminate on May 31,
2010 (the “New Expiration Date”), unless sooner
terminated in accordance with the terms of the Lease. The period
from September 1, 2009 through the New Expiration Date shall
be referred to herein as the “Extension Term.”
4. Monthly Base Rent
During the Extension Term . Notwithstanding anything in the
Lease to the contrary and in addition to paying all other amounts
due under the Lease, including without limitation all Additional
Rent, Lessee shall pay Monthly Base Rent for the Premises during
the Extension Term in the amount of Four Thousand Four Hundred
Forty Two and
