FIRST AMENDMENT TO LEASE AGREEMENT
Exhibit 10.35
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT (“Amendment”) is entered into this the 24th
day of July, 2008, between Xxxxxx-Alpha Institute for Biotechnology, an Alabama non-profit
corporation (“Landlord”), and Applied Genomics, Inc., a Delaware corporation,
(“Tenant”).
R E C I T A L S:
A. Landlord and Tenant are parties to that certain Lease Agreement (the “Lease”) dated
January 15, 2008, with respect to the Premises in the Building, as such terms are defined in the
Lease. Any capitalized term used but not defined herein shall have the meaning ascribed to it in
the Lease.
B. Since the execution of the Lease by Landlord and Tenant, the actual location of the
Premises occupied by Tenant has changed, and Landlord and Tenant have agreed to amend to Lease to
reflect the correct description of the Premises and the amount of square footage of the same.
A G R E E M E N T:
NOW, THEREFORE, for and in consideration of the recitals set forth above, and other good and
valuable consideration, the receipt and sufficiency of which are acknowledged, Landlord and Tenant
hereby agree as follows:
1. Substitution of Premises Exhibit to Lease. The Lease is hereby amended to delete
Exhibit A to the Lease in its entirety and to substitute in lieu thereof Exhibit A
attached hereto and incorporated herein by reference.
2. Amendment to Section 1.01 and Section 3.01 of the Lease. Section 1.01 and Section
3.01 of the Lease are hereby amended to reflect that the correct Usable Area of the leased premises
in Suite 2200 is 5,756 square feet, and the correct Usable Area of basement storage is 0 square
feet. As of date of this Amendment, the term “Premises” as used throughout the Lease shall be
deemed to refer to the leased premises as described in this Amendment, including without limitation
Exhibit A attached hereto.
3. Miscellaneous. Except as amended hereby, the Lease is unchanged, and by execution
and delivery of this Amendment, Landlord and Tenant each do ratify and affirm the Lease, as amended
hereby. This Amendment may be executed in one or more counterparts, all of which taken together
shall constitute one original instrument.
IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be duly executed as a
sealed instrument as of the day and year first above written.
FIRST AMENDMENT TO LEASE AGREEMENT
(Landlord’s signature page)
| LANDLORD: Xxxxxx-Alpha Institute for Biotechnology |
||||
| By: | /s/ O’Xxxx Xxxxxxxxxx | |||
| Name: | H. O’Xxxx Xxxxxxxxxx | |||
| Title: | Executive Vice President | |||
STATE OF ALABAMA
|
) | |||||
| : | ||||||
MADISON COUNTY
|
) |
I, the undersigned, a notary public in and for said county in said state, hereby certify that
H. O’Xxxx Xxxxxxxxxx, whose name as Executive Vice President of Xxxxxx-Alpha Institute for
Biotechnology, an Alabama nonprofit corporation, is signed to the foregoing instrument, and who is
known to me, acknowledged before me on this day that, being informed of the contents of said
instrument, he, as such officer and with full authority, executed the same voluntarily for and as
the act of said corporation.
Given under my hand and official seal this 24th day of July, 2008.
| /s/ Xxxxxx Xxxx Xxxx | ||||
| Notary Public | ||||
My commission expires: September 25, 2011
[NOTARIAL SEAL]
FIRST AMENDMENT TO LEASE AGREEMENT
(Tenant’s signature page)
| TENANT: Applied Genomics, Inc. |
||||
| By: | /s/ Xxxxxx X. Xxxxx | |||
| Name: | Xxxxxx X. Xxxxx | |||
| Title: | Chief Executive Officer | |||
STATE OF ALABAMA
|
) | |||||
| : | ||||||
MADISON COUNTY
|
) |
I, the undersigned, a notary public in and for said county in said state, hereby certify that
Xxxxxx X. Xxxxx, whose name as Chief Executive Officer of Applied Genomics, Inc., a Delaware
corporation, is signed to the foregoing instrument, and who is known to me, acknowledged before me
on this day that, being informed of the contents of said instrument, he, as such officer and with
full authority, executed the same voluntarily for and as the act of said Applied Genomics, Inc.
Given under my hand and official seal this 24th day of July, 2008.
| /s/ Xxxxxx Xxxx Xxxx | ||||
| Notary Public | ||||
My commission expires: September 25, 2011
[NOTARIAL SEAL]
EXHIBIT A
Premises Floor Plan
See attached.
| Item | Room No. | Room Name | Usable SF | Associate | ||||||||
216 |
CL225 | Closet | 17 | AGI | ||||||||
217 |
CL228 | Closet | 16 | AGI | ||||||||
218 |
CL229 | Closet | 16 | AGI | ||||||||
219 |
CL232 | Closet | 29 | AGI | ||||||||
219 |
CL233 | Closet | 0 | AGI | Corrected 7/16/08, included in CL232 | |||||||
220 |
CL234 | Xxxxxx | 00 | XXX | ||||||||
000 |
0000 | XXX Xxxxxx Storage | 462 | AGI | ||||||||
296 |
2200 | AGI Admin | 178 | AGI | Corrected 6/16/08 | |||||||
297 |
2201 | AGI Executive | 248 | AGI | ||||||||
298 |
2203 | AGI Executive | 187 | AGI | ||||||||
299 |
2204 | AGI Arrayer Xxxx | 000 | XXX | ||||||||
000 |
0000 | XXX Xxxxxxxxx | 344 | AGI | ||||||||
302 |
2207 | AGI Main Lab | 2,298 | AGI | ||||||||
303 |
2208 | AGI Scoring Xxxx | 000 | XXX | ||||||||
000 |
0000 | XXX Xxxxxx Array Lab | 1,427 | AGI | ||||||||
305 |
2210 | AGI Conference | 124 | AGI | ||||||||
306 |
2210A | AGI Pantry | 38 | AGI | ||||||||
| 5,756 | ||||||||||||
