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EXHIBIT 10.44
[INNERDYNE, INC. LETTERHEAD]
April 2, 1999
VIA FACSIMILE
VIA REGISTERED MAIL
Xxxx & Company, Inc.
Attn: Xx. Xxxxxx Xxxx
0000 Xxxxx 000 Xxxx
Xxxxx, XX 00000
RE: EXTENSION OF LEASE FOR PROPERTY LOCATED AT 0000 XXXX XXXXXX
XXXXXXX XXXXX, XXXX XXXX XXXX, XXXX (THE "PREMISES")
Dear Xx. Xxxxxx Xxxx:
This letter constitutes InnerDyne, Inc.'s written exercise of the right to
extend the term of the Lease for the above referenced Premises. Pursuant to
paragraph h of the Extension of Lease dated July 11, 1994, between BSL
Associates, as Lessor and InnerDyne, Inc., as Lessee, (the "Lease") Lessee has
the option to extend the Lease for five years at a rental to be negotiated upon
giving prior written notice thereof to Lessor. Pursuant to the letter from you
to Xx. Xxxx Xxxxxxxx of InnerDyne, dated February 18, 1999, a copy of which is
attached, Lessor has waived the 180 day prior notice requirement contemplated
by paragraph h of the Lease. XxxxxXxxx also confirms xxxxxx in writing that
Xxxxxx has satisfactorily performed all terms and conditions of the Lease.
InnerDyne further hereby agrees to the per square foot rental rates for the
extension term as set forth in the attached letter to Xxxx Xxxxxxxx dated
February 2, 1999.
Please have the new lease extension prepared at your earliest convenience.
We understand that the new term will commence September 1, 1999 and end August
31, 2004.
Thank you very much.
Very truly yours,
INNERDYNE, INC.
/s/ XXX XXXXXX
--------------------------------
Xxx Xxxxxx
Vice President, Operations
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XXXX & CO., INC.
0000 XXXXX 000 XXXX
XXXXX, XXXX 00000
0-000-000-0000
FAX 0-000-000-0000
Innerdyne, Inc. 02/18/99
Attn: Xxxx Xxxxxxxx
0000 X. Xxxxxx Xxxxxxx Xxxxx
Dear Xxxx,
I am writing to you for two reasons.
1. To let you know that I am waiving the 180-day notice that is required on
your end for renewal of the lease.
2. I am about to actively try to sell both pieces of property for $1.6 mil cash.
Since you have first right of refusal, I am notifying you in advance of this
decision.
If interested, please contact me.
Sincerely,
/s/ XXXXXX XXXX
Xxxxxx Xxxx
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XXXX & CO., INC.
0000 XXXXX 000 XXXX
XXXXX, XXXX 00000
0-000-000-0000
FAX 0-000-000-0000
February 2, 1999
Dear Xxxx,
I thought I would write you a paragraph showing what I feel is
acceptable to us regarding the lease extension for the next five years. Please
review and call me with any questions.
o Current Rate $.48 sq.ft.
o Rate adjustment this August $.52
o 2nd year $.54 1/2
o 3rd year $.57
o 4th year $.60
o 5th year $.63
Sincerely,
/s/ XXXXXX XXXX
Xxxxxx Xxxx
