Contract

. . . Exhibit 10.21 LEASE FOR 125 SIDNEY STREET PROPERTY 1. PARTIES Rizika Realty Trust (whose mailing address is: 36 Edgehill Road, Brookline, MA 02445), the LESSOR, which expression shall include his heirs, successors, and assigns where the context so admits, does hereby lease to Altus Biologics Inc., the LESSEE, which expression shall include his heirs, successors, executors, and administrators where the context so admits, and the LESSEE hereby leases the following described premises: 2. PREMISES All of the first floor that is cross-hatched in red on the attached floor plan of the building at 125 Sidney Street, Cambridge, a/k/a 16 Emily Street and/or 15 Tudor Street, Cambridge, comprising about 7,775 square feet, together with parking spaces for fourteen (14) cars, as designated by the LESSOR (the location as shown on Exhibit A), and with the right to use in common, with others entitled thereto, the hallways and stairways necessary for access to said leased premises. 3. TERM The term of this lease shall be four (4) years, commencing on April 15, 2002 and ending on April 14, 2006. 4. RENT The LESSEE shall pay to the LESSOR rent at the following rates: First Year a. The first year's annual rent shall be three hundred and twenty-two thousand six hundred and sixty-two dollars and fifty cents ($322,662.50) to be paid in advance in equal monthly payments of twenty-six thousand eight hundred and eighty-eight dollars and fifty-four cents ($26,888.54) on or before the tenth day of each month by depositing the same to the account of the LESSOR (Acct # 1102439611) at the Citizens Bank in Boston, MA or as may otherwise be directed by the LESSOR. The annual rent is the gross rent and includes the LESSEE's portion of real estate taxes, charges for sewer and water, insurance (fire and extended coverage in a minimum coverage of $2,000,000 for fire and $5,000,000 public liability on the building), heat, ventilation, air-conditioning, electricity, and snow removal. However, if there are any substantial increases in any of the forgoing due to the LESSEE's actions (other than Lessee's decorative improvements to the premises such as painting and carpeting, and Lessee's use of the premises for ordinary office purposes), the LESSEE will be billed for such charges and pay them to the LESSOR at the end of each calendar year. Excluded from such rental payments are the costs of any contents, liability, or other insurance necessary to conduct the business of
Lease for 125 Sidney Street Property Page 1. the LESSEE on the Premises, all of which policies will be obtained and paid for by the LESSEE. Also excluded from such rental payments are the costs of cleaning and other miscellaneous services supplied to the LESSEE's portion of the building at Lessee's request. Other Years b. At the end of each 12 months of rent, the annual rent for the following 12 months will be adjusted by the increase in the CPI-U ratio over the previous 12 months; in no event shall the annual adjusted rent be less than the rent for the immediately preceding 12 month period. The CPI-U shall mean the Consumer Price Index for Urban Consumers for the City of Boston as published by the US Bureau of Labor Statistics. 5. SECURITY DEPOSIT Upon the execution of this lease, the LESSEE shall pay to the LESSOR the amount of one hundred and seven thousand and five hundred dollars ($107,500) which shall be held as a security for the LESSEE's performance as herein provided and refunded to the LESSEE at the end of this lease subject to the LESSEE's satisfactory compliance with the conditions hereof. 6. RENT ADJUSTMENTS The LESSEE shall pay monthly in advance to the LESSOR modified rent as described in Section 4.b. 7. USE OF LEASED The LESSEE shall use the leased premises only for the PREMISES purpose of offices and/or light manufacturing and quality control. 8. COMPLIANCE WITH The LESSEE acknowledges that no trade or occupation LAWS shall be conducted in the leased premises or use made thereof which will be unlawful, improper, noisy or offensive, or contrary to any law or any municipal by-law or ordinance in force in the city or town in which the premises are situated. 9. FIRE INSURANCE The LESSEE shall not permit any use (other than ordinary office use) of the leased premises which will make voidable any insurance on the property of which the leased premises are a part, or on the contents of said property or which shall be contrary to any law or regulation from time to time established by the New England Fire Insurance Rating Association, or any similar body succeeding to its powers. The LESSEE shall on demand reimburse the LESSOR, and all other tenants, all extra insurance premiums caused by the LESSEE's use of the premises. 10. MAINTENANCE OF The LESSEE agrees to maintain the leased premises in PREMISES the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, reasonable wear and
Lease for 125 Sidney Street Property Page 2. tear, damage by fire and other casualty only excepted, and whenever necessary, to replace plate glass and other glass therein, acknowledging that the leased premises are now in good order and the glass whole. The LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste. LESSEE shall obtain written consent of LESSOR, not to be unreasonably withheld, before erecting any sign on the premises. However, the LESSOR is responsible for maintaining the structural integrity of the building, including all common areas, the roof, exterior walls, parking areas, and all heating, ventilation, air-conditioning, plumbing, utility, electric and mechanical systems in good condition. 11. ALTERATIONS AND The LESSEE shall not make structural alterations or ADDITIONS additions to the leased premises, but may make non-structural alterations provided the LESSOR consents thereto in writing, which consent shall not be unreasonably withheld or delayed. All such allowed alterations shall be at LESSEE's expense and shall be in. quality at least equal to the present construction. LESSEE shall not permit any mechanics' liens, or similar liens, to remain upon the leased premises for labor and material furnished to LESSEE or claimed to have been furnished to LESSEE in connection with work of any character performed or claimed to have been performed at the direction of LESSEE and shall cause any such lien to be released of record forthwith without cost to LESSOR. Any alterations or improvements made by the LESSEE shall become the property of the LESSOR at the termination of occupancy as provided herein. 12. ASSIGNMENT AND The LESSEE shall not assign or sublet the whole or any SUBLEASING part of the leased premises without LESSOR's prior written consent, which consent shall not be unreasonably withheld or delayed. Notwithstanding such consent, LESSEE shall remain liable to LESSOR for the payment of all rent and for the full performance of the covenants and conditions of this lease. If over half of the space is to be sublet, the LESSOR, at its option, may terminate the lease by giving the LESSEE such notice in writing at least one month prior to such termination date. 13. SUBORDINATION This lease shall be subject and subordinate to any and all mortgages, deeds of trust and other instruments in the nature of a mortgage, now or at any time hereafter, a lien or liens on the property of which the leased premises are a part and the LESSEE shall, when requested, promptly execute and deliver such written
Lease for 125 Sidney Street Property Page 3. instruments as shall be necessary to show the subordination of this lease to said mortgages, deeds of trust or other such instruments in the nature of a mortgage. In the event that the premises are mortgaged, the Lessor shall obtain from the mortgages of the building a Nondisturbance Agreement in commercially reasonable form which recognized the rights of the Lessee under this lease. 14. LESSOR'S ACCESS The LESSOR or agents of the LESSOR may, at reasonable times, enter to view the leased premises and may remove placards upon reasonable notice and signs not approved and affixed as herein provided, and make repairs and alterations as LESSOR should elect to do and may show the leased premises to others, and at any time within six (6) months before the expirations of the term, may affix to any suitable part of the leased premises a notice for letting or selling the leased premises or property of which the leased premises are a part and keep the same so affixed without hindrance or molestation. 15. INDEMNIFICATION AND The LESSEE shall save the LESSOR harmless from all LIABILITY loss and damage to LESSEE's property occasioned by the use or escape of LIABILITY water or by the bursting of pipes, as well as from any claim or damage resulting from neglect in not removing snow and ice from the roof of the building or from the sidewalks bordering upon the premises so leased, or by any nuisance made or suffered on the leased premises, unless such loss is caused by the neglect of the LESSOR. The removal of snow and ice from the sidewalks bordering upon the leased premises shall be the LESSOR's responsibility. 16. LESSEE'S LIABILITY The LESSEE shall maintain with respect to the leased INSURANCE premises and the property, of which the leased premises are a part, comprehensive public liability insurance in the amount of $2,000,000 for bodily injury and with property damage insurance in limits of $1,000,000 with responsible insurance companies qualified to do business in Massachusetts and in good standing therein insuring the LESSOR as well as LESSEE against injury to persons or damage to property as provided. The LESSEE shall deposit with the LESSOR certificates for such insurance at or prior to the commencement of the term, and thereafter within thirty (30) days prior to the expiration of any such policies. All such insurance certificates shall provide that such policies shall not be canceled without at least ten (10) days prior written notice to each assured named therein.
Lease for 125 Sidney Street Property Page 4. 17. FIRE, CASUALTY, AND Should a substantial portion of the leased premises, EMINENT DOMAIN or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if: a. the LESSOR fails to give written notice within thirty (30) days of intention to restore leased premises, or b. the LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty, or taking. The LESSOR reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE's fixtures, property, or equipment. 18. DEFAULT AND In the event that: BANKRUPTCY a. the LESSEE shall default in the payment of any installment of rent or other sum herein specified, and such default shall continue for five (5) days after written notice thereof, or b. the LESSEE shall default in the observance or performance of any other of the LESSEE's covenants, agreements, or obligations hereunder and such default shall not be corrected within thirty (30) days after written notice thereof, or c. the LESSEE shall be declared bankrupt or insolvent according to law, or, if any assignment shall be made of LESSEE's property for the benefit of creditors, then the LESSOR shall have the right thereafter, while such default continues, to re-enter and take complete possession of the leased premises, to declare the term of this lease ended, and remove the LESSEE's effects, without prejudice to any remedies which might be otherwise used for arrears of rent or other default. The LESSEE shall indemnify the LESSOR against all loss of rent and other payments which the LESSOR may incur by reason of such termination during the residue of the term. If the LESSEE shall default, after reasonable notice thereof, in the observance or performance of any conditions or covenants on LESSEE's part to be observed or performed under or by virtue of any of the provisions in any article of this lease, the LESSOR, without being
Lease for 125 Sidney Street Property Page 5. under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of the LESSEE. If the LESSOR makes any expenditures or incurs any obligations for the payment of money in connection therewith, including but not limited to, reasonable attorney's fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations insured, with interest at the rate of ten (10) per cent per annum and costs, shall be paid to the LESSOR by the LESSEE as additional rent. 19. NOTICE Any notice from the LESSOR to the LESSEE relating to the leased premises or to the occupancy thereof, shall be deemed duly served three days after being mailed to Mr. Peter Lanciano, Altus Biologics Inc., 625 Putnam Avenue, Cambridge, MA 02139 by registered or certified mail, return receipt requested, postage prepaid or at such other address as Lessee may from time to time advise in writing. Any notice from the LESSEE to the LESSOR relating to the leased premises or to the occupancy thereof, shall be deemed duly served, three days after being mailed to the LESSOR by registered or certified mail, return receipt requested, postage prepaid, addressed to the LESSOR at the address provided in Clause 1 or at such address as the LESSOR may from time to time advise in writing. 20. SURRENDER The LESSEE shall at the expiration or other termination of this lease remove all LESSEE's goods and effects from the leased premises (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the leased premises). LESSEE shall deliver to the LESSOR the leased premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the leased premises, in the same condition as they were at the commencement of the term, or as they were put in during the term hereon, reasonable wear and tear and damage by fire or other casualty only excepted. In the event of the LESSEE's failure to remove any of LESSEE's property from the premises, LESSOR is hereby authorized, without liability to LESSEE for loss or damage thereto, and at the sole risk of LESSEE, to remove and store any of the property at LESSEE's expense, or to retain same under LESSOR's control or to sell at public or private sale, without notice of any or all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property.
Lease for 125 Sidney Street Property Page 6. 21. OTHER PROVISIONS The following other provisions are hereby incorporated as an integral part of this lease: a. Smoking - There is a smoke-free environment associated with this building and, as such, smoking is not permitted on any part of the Premises. b. Food - If food is consumed on the Premises, proper care shall be exercised for its storage and any residue shall be placed in a sealed container while on the Premises. It is the responsibility of the LESSEE to provide for its proper removal and disposal. c. All additional provisions contained in the side letter attached hereto as Exhibit B. 22. SEVERABILITY CLAUSE If any provision of this lease, or any portion of any provision, or the application thereof to any person or circumstance is held invalid, the remainder of the lease (or remainder of such provision) and the application thereof to other persons or circumstances shall not be affected thereby.
IN WITNESS WHEREOF, the LESSOR and LESSEE have hereunto set their hands and common seals this 4th day of April, 2002. /s/ [Illegible] /s/ Peter Lanciano - ------------------------------------- ---------------------------------------- LESSOR (Rizika Realty Trust) LESSEE (Altus Biologics Inc.) By: Peter Lanciano ------------------------------------ Name: ---------------------------------- Title: President & CEO Lease for 125 Sidney Street Property Page 7. EXHIBIT B LEASE FOR 125 SIDNEY STREET, CAMBRIDGE SIDE LETTER 4 April 2002 In addition to the terms and conditions stated in the lease dated 4 April, 2002, the Rizika Realty Trust, the LESSOR, and Altus Biologics Inc., the LESSEE, agree to the following: 1. Lessee will have an option to extend the term of this Lease for an additional period of two (2) years to be exercised by written notice from Lessee to Lessor no less than six (6) months prior to the lease expiration. All terms and covenants of the lease shall remain the same with the exception of rent, which shall be renegotiated. Lessor shall inform the Lessee of the rental rate for the extention term no later than ten (10) business days after receiving notice that Lessee desires to exercise the option. Lessee shall accept or decline option to extend lease no later than ten (10) business days after being informed of rent for the extension term. 2. It is understood that the Lessor shall be responsible for the one-time payment of the Broker's fee to CRESA Partners of $3.20 per sq ft of space rented-- for example, based upon 7,775 sq ft the Broker's fee would be $24,880. Half of this fee is to be paid at the signing of the lease; the remaining half is to be paid on the first day of occupancy by the Lessee. Lessor and Lessee each mutually covenant, represent and warrant to the other that it has had no dealings or communications with any broker or agent in connection with this Lease other than CRESA Partners and each covenants and agrees to pay, hold harmless and indemnify the other from and against any and all cost, expense or liability for any compensation commission or charges to any broker or agent claiming through the indemnifying party with respect hereto. 3. The Lessee agrees to split the cost of building a separating wall between it's rental area and the other section of the building. This cost will not exceed $12,000 for the Lessee. 4. If any utility bills which affect the Lessee are unpaid and remain so for thirty (30) days, it is agreed that the Lessee shall have the right to pay them directly and deduct all such payments from the rent. 5. Lessor and Lessee mutually agree that, with respect to any hazard which is covered by insurance then being carried by them, respectively, the one carrying such insurance and suffering such loss releases the other of and from any and all claims with respect to such loss. Lease for 125 Sidney Street Property Page 8. 6. The Lessee will reasonably expect to have full use of their offices and space in a fair and useful manner for the period of their lease. Full use and enjoyment as used herein shall include, without limitation, the provision of the services required to be provided by the Lessor hereunder, and freedom from unreasonable interference with the Lessee's use and occupancy as a result of the construction of any additions to the building. Lessee shall be entitled to an equitable abatement of rent if they are not able to have full use of their offices for more than 30 days and the Lessor has not made changes to resolve the Lessee's full use of their office. 7. The Lessor shall at all times during the term of this Lease provide the following services to the Premises at no charge except as set forth in Section 4 of the Lease: heat, ventilation, air-conditioning, electricity, water and sewer, all in compliance with applicable laws and in amounts and in a manner reasonable and sufficient for the safe and comfortable occupancy of the Premises for the uses permitted hereunder. Lessor represents that all of the foregoing systems are in good working order, 8. Lessor indemnifies and holds Lessee harmless from and against all loss and damage suffered by Lessee on account of Lessor's negligence or willful misconduct, or, to the best of the Lessor's knowledge, the presence of hazardous materials (as defined in any applicable federal, state or local law, rule or regulation) or oil located in, on, under or at the Premises or the building as of the date of this lease. 9. Lessee is responsible for obtaining a valid certificate of occupancy for the building which permits the use of the Premises for the uses permitted under this lease. Lessor represents that, to the best of its knowledge, (a) there are no outstanding violations of law with respect to the Premises and (b) the Premises are vacant and free of any occupancy rights of any other person or entity. Agreed and accepted: /s/ [Illegible], Pres. /s/ Peter Lanciano - ------------------------------------- ---------------------------------------- LESSOR (Rizika Realty Trust) LESSEE (Altus Biologics Inc.) Lease for 125 Sidney Street Property Page 9. EXHIBIT B LEASE FOR 125 SIDNEY STREET, CAMBRIDGE SIDE LETTER 4 April 2002 In addition to the terms and conditions stated in the lease dated 4 April, 2002, the Rizika Realty Trust, the LESSOR, and Altus Biologics Inc., the LESSEE, agree to the following: 1. Lessee will have an option to extend the term of this Lease for an additional period of two (2) years to be exercised by written notice from Lessee to Lessor no less than six (6) months prior to the lease expiration. All terms and covenants of the lease shall remain the same with the exception of rent, which shall be renegotiated. Lessor shall inform the Lessee of the rental rate for the extention term no later than ten (10) business days after receiving notice that Lessee desires to exercise the option. Lessee shall accept or decline option to extend lease no later than ten (10) business days after being informed of rent for the extension term. 2. It is understood that the Lessor shall be responsible for the one-time payment of the Broker's fee to CRESA Partners of. $1.60 per sq ft of space rented-for example, based upon 1,725 sq ft the Broker's fee would be $2,760. Half of this fee is to be paid at the signing of the lease; the remaining half is to be paid on the first day of occupancy by the Lessee. Lessor and Lessee each mutually covenant, represent and warrant to the other that it has had no dealings or communications with any broker or agent in connection with this Lease other than CRESA Partners and each covenants and agrees to pay, hold harmless and indemnify the other from and against any and all cost, expense or liability for any compensation commission or charges to any broker or agent claiming through the indemnifying party with respect hereto. 3. If any utility bills which affect the Lessee are unpaid and remain so for thirty (30) days, it is agreed that the Lessee shall have the right to pay them directly and deduct all such payments from the rent. 4. The Lessee will reasonably expect to have full use of their offices and space in a fair and useful manner for the period of their lease. Full use and enjoyment as used herein shall include, without limitation, the provision of the services required to be provided by the Lessor hereunder, and freedom from unreasonable interference with the Lessee's use and occupancy as a result of the construction of any additions to the building. Lessee shall be entitled to an equitable abatement of rent if they are not able to have full use of their offices for more than 30 days and the Lessor has not made changes to resolve the Lessee's full use of their office. Lease for 125 Sidney Street Property Page 8. 5. The Lessor shall at all times during the term of this Lease provide the following services to the Premises at no charge except as set forth in Section 4 of the Lease: heat, ventilation, air-conditioning, electricity, water and sewer, all in compliance with applicable laws and in amounts and in a manner reasonable and. sufficient for the safe and comfortable occupancy of the Premises for the uses permitted hereunder. Lessor represents that all of the foregoing systems are in good working order. 6. Lessor indemnifies and holds Lessee harmless from and against all loss, and damage suffered by Lessee on account of Lessor's negligence or willful misconduct, or, to the best 'of the Lessor's knowledge, the presence of hazardous materials (as defined in any applicable federal, state or local law, rule or regulation) or oil located in, on, under or at the Premises or the building as of the date of this lease. 7. Lessee is responsible for obtaining a valid certificate of occupancy for the building which permits the use of the Premises for the uses permitted under this lease. Lessor represents that, to the best of its knowledge, (a) there are no outstanding violations of law with respect to the Premises and (b) the Premises are vacant and free of any occupancy rights of any other person or entity. 8. Lessor and Lessee mutually agree that, with respect to any hazard which is covered by insurance then being carried by them, respectively, the one carrying such insurance and suffering such loss releases the other of and from any and all claims with respect to such loss. Agreed and accepted: /s/ [Illegible] /s/ Peter Lanciano - ------------------------------------- ---------------------------------------- LESSOR (Rizika Realty Trust) LESSEE (Altus Biologics Inc.) Lease for 125 Sidney Street Property Page 9. AMENDMENT OF LEASE FOR 125 SIDNEY STREET PROPERTY WHEREAS, Rizika Realty Trust (whose mailing address is: 36 Edgehill Road, Brookline, MA 02445), the LESSOR, entered into a Lease dated April 4, 2002 (the "Lease") with Altus Pharmaceuticals Inc., f/k/a "Altus Biologics Inc." ("LESSEE"), for approximately 7,775 square feet ("Original Premises") on the first floor of the building located at 125 Sidney Street, Cambridge, Massachusetts (the "Building"); WHEREAS, LESSOR and LESSEE desire to amend the Lease to temporarily add approximately 3,000 square feet in the basement of the Building (the "Basement Premises") to the Premises for a period of four (4) months; NOW, LESSOR and LESSEE hereby agree to Lease the Basement Premises on the terms and conditions contained herein: 1. PREMISES Commencing on the BP Commencement Date, as defined below, approximately 3,000 square feet of space in the basement of the Building comprised of 10 cubicles and a conference room shall be added to the Premises as defined in the Lease. The demise of the Premises shall include rights of access through such common areas through the Building as are necessary or desirable for access thereto. 2. TERM The Basement Premises is leased for a term of four (4) months (the "BP Term") commencing on September 7, 2004 (the "BP Commencement Date") and ending on January 7, 2005. LESSOR shall deliver possession of the Basement Premises to LESSEE in "broom clean" condition, free of all occupants with all systems serving the same in good and operational condition. 3. RENT In addition to the annual rent due under the Lease with respect to the Original Premises, the LESSEE shall pay to the LESSOR rent at the following rates for the Basement Premises during the BP Term: The monthly gross rent for the Basement Premises shall be $10,000 a month. The rental amount is based on net rent of $5,000 a month and another $5,000 a month for the LESSEE's portion of real estate taxes, charges for sewer and water, insurance, heat, electricity, and snow removal. Notwithstanding any provision of the Lease to the contrary, the rent for the Basement Premises is gross and LESSEE shall not be responsible for any CPI increases in the monthly gross rent or for any other expenses or additional rent, except as set forth in the following paragraph. Excluded from such rental payments are the costs of any contents, liability, or other insurance necessary to conduct the business of the LESSEE on the Premises, all of which policies will be obtained and paid for by the LESSEE. The LESSEE shall pay monthly on the 16th
Lease for 125 Sidney Street Property Page 1. of the month for the following month's rent as part of the Lease; provided, however, the first month's rent of $10,000 for the Basement Premises shall be paid upon execution of this Amendment by the LESSOR and LESSEE. 4. ACCESS The LESSOR will have the right to show the Basement Premises to other potential lessees during working hours provided that they give a two hour advanced warning. Prior to the BP Commencement Date, LESSOR will provide LESSEE with 15 access key cards for the Basement Premises. 5. OTHER TERMS Except as set forth herein, the Basement Premises are leased on the same terms and conditions of the Lease, and the term Premises as used in the Lease shall include the Basement Premises. Notwithstanding the foregoing, Section 2 of Exhibit B to the Lease and the first sentence of Section 7 of Exhibit B to the Lease shall not apply to the Basement Premises. If a certificate of occupancy is required, LESSEE shall have the option to terminate the lease with respect to the Basement Premises upon ten (10) days' prior written notice. This Amendment set forth the entire agreement between the parties.
Agreed and accepted: /s/ [Illegible] /s/ Peter Lanciano - ------------------------------------- ---------------------------------------- LESSOR (Rizika Realty Trust) LESSEE (Altus Biologics, Inc.) Lease for 125 Sidney Street Property Page 2. AMENDMENT OF LEASE FOR 125 SIDNEY STREET PROPERTY WHEREAS, Rizika Realty Trust (whose mailing address is: 36 Edgehill Road, Brookline, MA 02445), the LESSOR, entered into a Lease dated April 4, 2002 (the "Lease") with Altus Pharmaceuticals Inc. (formerly known as "Altus Biologics Inc."), the LESSEE, for approximately 7,775 square feet ("Original Premises") on the first floor of the building located at 125 Sidney Street, Cambridge, Massachusetts (the 'Building"); WHEREAS, LESSOR and LESSEE desire to amend the Lease to add approximately 11,000 square feet in the basement of the Building (the "Basement Premises") to the Premises for a period of fifteen (15) months; NOW, LESSOR and LESSEE hereby agree to Lease the Basement Premises on the terms and conditions contained herein: 1. PREMISES Commencing on the BP Commencement Date as defined below, approximately 11,000 square feet of space (the entire basement of the Building) as shown on Exhibit A hereto shall be added to the Original Premises. The demise of the Basement Premises shall include rights of access through such common areas as are necessary for access thereto. The parking spaces marked by an "*" on Exhibit B hereto shall also be included in the Basement Premises. 2. TERM The Basement Premises is leased for a term of approximately fifteen (15) months (the "BP Term") commencing on January 7, 2005 (the "BP Commencement Date") and ending on April 7, 2006. LESSOR shall deliver possession of the Basement Premises to LESSEE in a "broom clean" condition, free of all occupants with all systems serving the same in good and operational condition. At the end of the BP Term the LESSEE shall deliver possession of the Basement Premises to LESSOR in the same condition it was initially received and free of all occupants with all systems serving the same in good and operational condition, reasonable wear and tear, damage by fire or other casualty excepted. 3. RENT In addition to the annual rent due under the Lease with respect to the Original Premises, the LESSEE shall pay to the LESSOR rent at the following rates for the Basement Premises during the BP Term: The monthly gross rent for the Basement Premises shall be $16,000 a month. This includes the LESSEE's portion of real estate taxes, charges for sewer and water, insurance, heat, electricity and snow removal. The rent will not increase during the lease period, unless real estate taxes, charges for sewer and water, insurance, heat, electricity or snow removal cost increase. If an increase in rent is requested, the LESSOR will share the bills for the last 24 months with the LESSEE to justify the increase. Notwithstanding any provision of the Lease to the contrary, the rent for the Basement Premises is gross and LESSEE shall not be responsible for any
Lease for 125 Sidney Street Property Page 1. CPI increases in the monthly gross rent or for any other expenses or additional rent, except as set forth in the following paragraph. Excluded from such rental payments are the costs of any contents, liability, or other insurance necessary to conduct the business of the LESSEE on the Premises, all of which policies will be obtained and paid for by the LESSEE. The LESSEE shall pay monthly on the 7th of the month for the following month's rent as party of the Lease; provided, however, the first month's rent of $16,000 for the Basement Premises shall be paid upon execution of this Amendment by the LESSOR and LESSEE. 4. ACCESS The LESSOR will have the right to show the Basement Premises to other potential lessees during working within working hours provided that they give a two-hour advanced warning. The LESSEE will program access to the Basement Premises for its employees. When the LESSEE moves out, the LESSOR will have the option to keep the key card system as is, or have the LESSEE reconfigure the key card system as it was a the start of the lease. 5. OTHER TERMS Except as set forth herein, the Basement Premises are leased on the same terms and conditions of the Lease, and the term Premises as used in the Lease shall include the Basement Premises. Notwithstanding the foregoing, Section 2 of Exhibit B to the Lease and the first sentence of Section 7 of Exhibit B to the Lease shall not apply to the Basement Premises. If a certificate of occupancy is required, LESSEE shall have the option to terminate the lease with respect to the Basement Premises upon ten (10) days' prior written notice. This Amendment set forth the entire agreement between the parties.
Agreed and accepted: /s/ [Illegible] /s/ Peter Lanciano - ------------------------------------- ---------------------------------------- LESSOR (Rizika Realty Trust) LESSEE (Altus Biologics, Inc.) Lease for 125 Sidney Street Property Page 2. [MAP] Lease for 125 Sidney Street Property Page 3. [MAP] Lease for 125 Sidney Street Property Page 4.