[LETTERHEAD OF THE XXXXX COMPANIES]
August 23, 2001
Xx. Xxxxx X. Xxxxxx
Senior Vice President and
Chief Financial Officer Via Fax and Certified Mail
AVANT Immunotherapeutics, Inc.
000 Xxxxxx Xxxxxx
Xxxxxxx, XX 00000-0000
Re: Lease at 000-000 Xxxxxx Xxxxxx, Xxxxxxx, XX
Dear Chip:
With reference to the Lease of space at 000 Xxxxxx Xxxxxx, Xxxxxxx, XX dated May
1, 1996 between AVANT Immunotherapeutics, Inc. (formerly known as T Cell
Sciences, Inc.), as Lessee, and DIV Needham 53 LLC as successor in interest to
Fourth Avenue Ventures Limited Partnership, as Lessor: In accordance with
Section 1.1 and Section 4.2 of the Lease, Tenant has timely exercised its option
to extend the term of the Lease for an additional five years, from May 1, 2002
through April 30, 2007 (the "Extension Term").
In accordance with Section 4.3 of the Lease, Landlord and Tenant hereby agree
and confirm the Annual Fixed Rent for the Extension Term in accordance with
Section 4.2 of the Lease shall be as follows:
May 1, 2002 - April 30, 2003@ net rent of $27.00/SF or $1,466,559.00 per
year.
May 1, 2003 - April 30, 2004@ net rent of $27.00/SF or $1,466,559.00 per
year.
May 1, 2004 --April 30, 2005@ net rent of $27.50/SF or $1,493,717.50 per
year.
May 1, 2005 -April 30, 2006@ net rent of $28.00/SF or $1,520,876.00 per
year.
May 1, 2006 - April 30, 2007@ net rent of $28.75/SF or $1,561,613.75 per
year.
All other terms and conditions of the Lease shall remain unchanged and in full
force and effect. Please sign below and return a copy of this letter to me, and
this letter will serve as our Confirmation of the Extension Term Rent.
I am glad we were able to come to agreement, and look forward to working with
you during your continued tenancy. If you have any questions, or I can be of any
assistance, please do not hesitate to call me.
Sincerely, '
DIV NEEDHAM 115 LLC
By: Xxxxx Management Corp., Its Managing Agent
/s/ Xxx X. Xxxxx
----------------
By: Xxx X. Xxxxx
Its: Senior Vice President
Agreed to and accepted by AVANT Immunotherapeutics, Inc.
By: /s/ Xxxxx X. Xxxxxx, its: Senior VP & CFO
-------------------- ---------------
Duly authorized
