Landlord and Tenant are parties to that certain Lease Agreement dated as of September 20,
1999, as amended by that certain First Amendment to Lease Agreement
dated as of May 31, 2000, as
amended by that certain Second Amendment to Lease dated as of May 18, 2000, and as further amended
by that certain Third Amendment to Lease dated as of August 30,
2005 (as amended, the Lease
Pursuant to the Lease, Tenant leases certain space containing approximately 17,603 rentable square
feet in a building located at 10505 Roselle Street, San Diego, California
. Capitalized terms used
herein without definition shall have the meanings defined for such terms in the Lease.
B. The Term of the Lease expires June 30, 2007.
C. Landlord and Tenant desire, subject to the terms and conditions set forth herein, to amend
the Lease to extend the Term through December 31, 2007.
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by
this reference, the mutual promises and conditions contained herein, and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and
Tenant hereby agree as follows:
||Term. The definition of Term on the first page of the Lease is hereby deleted in its
entirety and replaced with the following:
Term: From the Commencement Date until December 31, 2007.
||Base Rent. Tenant shall continue to pay Base Rent for the Premises as required
pursuant to the Lease through the expiration of the Term.
||Right to Extend Term. Section 39 of the Lease is hereby deleted in its
entirety, and Tenant acknowledges and agrees that Tenant has no further right under the Lease
to extend the Term.
||Broker. Landlord and Tenant each represents and warrants that it has not dealt with
any broker, agent or other person (collectively,
Broker) in connection with the transaction
reflected in this Second Amendment and that no Broker brought about this transaction.
Landlord and Tenant each hereby agree to indemnify and hold the other harmless from and
against any claims by any Broker claiming a commission or other form of compensation by virtue
of having dealt with Tenant or Landlord, as applicable, with regard to this leasing
(a) This Fourth Amendment is the entire agreement between the parties with respect
to the subject matter hereof and supersedes all prior and contemporaneous oral and written
agreements and discussions. This Fourth Amendment may be amended only by an agreement in
writing, signed by the parties hereto.
(b) This Fourth Amendment is binding upon and shall inure to the benefit of the
parties hereto, their respective agents, employees, representatives, officers, directors,
divisions, subsidiaries, affiliates, assigns, heirs, successors in interest and
(c) This Fourth Amendment may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which when taken together shall constitute one
and the same instrument. The signature page of any counterpart may be detached therefrom
without impairing the legal effect of the signature(s) thereon provided such signature page
is attached to any other counterpart identical thereto except having additional signature
pages executed by other parties to this Fourth Amendment attached thereto.
(d) Except as amended and/or modified by this Fourth Amendment, the Lease is
hereby ratified and confirmed and all other terms of the Lease shall remain in full force
and effect, unaltered and unchanged by this Fourth Amendment. In the event of any conflict
between the provisions of this Fourth Amendment and the provisions of the Lease, the
provisions of this Fourth Amendment shall prevail. Whether or not specifically amended by
this Fourth Amendment, all of the terms and provisions of the Lease are hereby amended to
the extent necessary to give effect to the purpose and intent of this Fourth Amendment.
[Signatures are on the next page.]