1
AMENDMENT NO. 1
(dated April 21, 1998 for reference purposes only)
To Lease Dated May 10, 1996
Between Presbyterian Health Foundation, as Landlord
And ZymeTx, Inc. as Tenant
WHEREAS, Landlord and Tenant are the parties to the above described Lease for
the Building located at ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇; and,
Landlord and tenant mutually desire to amend the above described Lease, (amended
via Addendum No. 1) as follows:
The provisions of this Amendment No. 1 shall supersede and control any
inconsistent provisions contained in the Lease, regardless of whether such
inconsistent provisions are contained in the printed portion of the Lease or any
rider, addendum or exhibit annexed thereto.
1. Building: ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇
▇▇▇▇, ▇▇
2. Amended Lease Premises: The Leased Premises will change to include
all of the 1st floor consisting of
approximately 22,833 rentable square feet
(RSF) and all of the 2nd floor consisting of
22,800 RSF. Tenant currently occupies 11,803
RSF. This equates to an overall increase of
approximately 33,830 RSF for a total of
45,633 RSF.
3. Effective Commencement: December 1, 1998 for the 2nd floor space
(22,800 RSF) and March 1, for the remaining
10,997 RSF of the 1st floor. Tenant shall
occupy space within the Premises upon the
substantial completion of the Tenant
Improvement's of said space.
4. Amended Tenant Improvement: Landlord will contribute a Tenant Improvement
Allowance for any new Allowance: space leased
greater than the existing space of 11,803
RSF, such allowance shall be the lesser of:
o ($0.166 x months remaining on lease) x
(rentable square feet leased greater than
11,803 RSF)
OR
o The actual cost of the Tenant Improvements.
Any excess cost of the Tenant Improvements
shall be the responsibility of the Tenant.
5. Lease Rate: The lease rate for any space greater than
11,803 RSF shall be $12.00 per RSF annually.
6. Amended Security Deposit: Tenant shall pay an amount that is equal to
one month's rent based on the additional
square footage.
7. Option to Expand: Landlord hereby grants Tenant a right of
first refusal to expand into the 3rd floor
("Additional space") of the Building as
provided in this paragraph. Landlord will
provide Tenant written notice of Landlord's
intent to lease any such space to a third
party. Tenant may exercise such right within
fifteen (15) days of receiving such notice by
executing a written amendment to this Lease
covering the Additional space, prior to the
time Landlord commits to lease such space to
a third party. Such amendment shall provide
for the leasing of such space on the same
terms and conditions contained in this
Amendment No. 1. In such event (a) the
Additional Space shall be included as part of
the Leased Premises, (b) the lease for the
Additional Space shall be co-terminous with
the lease for the Leased Premises, (c) the
lease rate shall be $12,00 per RSF annually
for an such Additional Space and (d) the
Tenant Improvements Allowance shall be based
on the lesser of: (i) ($0.166 x months
remaining on lease) x (rentable square feet
of Additional Space) or (ii) the actual cost
of such Tenant Improvements for the
Additional Space.
Both parties agree to the terms of this Lease Agreement as amended by Addendum
No. 1 and this Amendment No. 1 and the Lease Agreement shall continue in full
force.
Landlord: Presbyterian Health Foundation Tenant: ZYMETX, INC.
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
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▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Vice President ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇, President