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EXHIBIT 10.36
AMENDMENT NO. 4 TO LEASE AGREEMENT
This Amendment No. 4 to Lease Agreement (this "Agreement"), made as of
the 3rd day of March, 2000, between The BIV Group ("Lessor") and Cholestech
Corporation ("Lessee"). Lessor and Lessee hereby agree as follows:
1. RECITALS. This Agreement is made with reference to the following
facts:
A. Lessor, successor-in-interest to Sun Life Assurance Company of
Canada, as "Lessor", and Lessee, as "Lessee" are parties to that certain
Standard Industrial Lease - Multi-Tenant dated October 22, 1989 as previously
amended by that certain amendment No. 1 to Lease Agreement dated April 28, 1990,
that certain Addendum No. 2 dated March 17, 1995 and that certain Addendum No. 3
dated January 27, 1997 (collectively, as amended, the "Lease") with respect to
those certain premises known as 0000 Xxxxxxxxxx Xxxxxxxxx.
X. Xxxxxx and Lessee desire to extend the term of the Lease and amend
the Lease as provided herein.
1. TERM. The term of the Lease shall be extended through March 31, 2002
(the "Expiration Date"). The period commencing on April 1, 2000 and ending March
31, 2002 shall be defined as the "Extension Term".
2. RENT. Base Rent under the Lease for the period commencing on April 1,
2000 and ending on the Expiration Date shall be $0.72 per square foot of the
premises NNN, as otherwise provided under paragraph 4.2 of the lease dated
October 22, 1989.
3. LEASE. Except as modified hereby, the Lease shall remain in full
force and effect, and as modified hereby, the Lease is ratified and confirmed in
all respects.
4. MISCELLANEOUS. If any one or more of the provisions contained in this
Agreement shall be invalid, illegal or unenforceable in any respect, the
validity, legality and enforceability of the remaining provisions contained
herein shall not in any way be affected or impaired thereby. Captions are
inserted for convenience only and will not affect the construction hereof.
Unless otherwise defined herein, all capitalized terms used herein shall have
the meanings ascribed to them in the Lease. This Agreement may not be orally
changed or terminated, nor any of its provisions waived, except by an agreement
in writing signed by the party against whom enforcement of any changes,
termination or waiver is sought. This Agreement shall be binding upon, and inure
to the benefit of the parties hereto, their respective legal representatives,
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first above written.
LESSOR: LESSEE:
THE BIV GROUP CHOLESTECH CORPORATION
By: /s/ Ali Bushehr By: /s/ Xxxxxx X. Xxxxxxxx
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Print Name: Ali Bushehr Print Name: Xxxxxx X. Xxxxxxxx
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Title: General Partner Title: Executive Vice President
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