EXHIBIT 10.11
THIRD AMENDMENT TO LEASE
0000 XXXXXXXX XXXXXX, XXXXXXX, XXXXXXXXXX
THIS THIRD AMENDMENT TO LEASE 0000 XXXXXXXX XXXXXX, XXXXXXX, XXXXXXXXXX
("Third Amendment"), dated as of November 1, 1998, is entered into by and
between CORIXA CORPORATION, a Delaware corporation ("Tenant"), and ALEXANDRIA
REAL ESTATE EQUITIES, INC., a Maryland corporation formerly known as Health
Science Properties, Inc. ("Landlord").
WHEREAS, Landlord and Tenant are parties to that certain Lease, dated as of
May 31, 1996 (the "Original Lease"), as amended by that certain First Amendment
to Lease 0000 Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxx, dated as of January 16, 1997
(the "First Amendment"), and as further amended by that certain Second Amendment
to Lease 0000 Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxx, dated as of June 30, 1997
(as amended, the "Lease"), pursuant to which Tenant leases from Landlord those
certain premises commonly known as Suite 470 in the building located at 0000
Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxx, commonly known as the Eklind Hall
Building, all as more particularly described in the Lease. All capitalized terms
used but not otherwise defined herein shall have the meaning given them in the
Lease;
WHEREAS, Landlord and Tenant now desire to further amend the Lease on the
terms and conditions hereinafter set forth;
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, and for the mutual covenants
contained herein, Landlord and Tenant hereby agree as follows:
1. For the period commencing on June 1, 1998, and ending on the Term
Expiration Date, the "Demised Premises" shall consist of, in addition to Suite
470 as more particularly described in the Lease, those certain premises more
commonly known as Suite 407 in the building located at 0000 Xxxxxxxx Xxxxxx,
Xxxxxxx, Xxxxxxxxxx, commonly known as the Eklind Hall Building (the "Additional
Premises"), the site plan of which Additional Premises is attached hereto as
Exhibit "G". From and after June 1, 1998, all references in the Lease to the
Demised Premises shall mean and include the Additional Premises.
2. Tenant and Landlord hereby acknowledge and agree that the Additional
Premises comprise 497 rentable square feet.
3. The Lease is hereby amended as follows:
(a) the second line of Section 2.1.2 of the Original Lease shall be
amended by replacing "470" with "407 and 470";
(b) the second fine of Section 2.1.3(a) of the Original Lease shall
be amended by replacing "Suite 470" with "Suites 407 and 470" and
by replacing "1232 s.f." with "1729 s.f.";
(c) the second fine of Section 2.1.4 of the Original Lease shall be
amended by increasing the Monthly Rental Installment to Two
Thousand Six Hundred Fifty-Six Dollars and 52/100 ($2,656.52);
(d) the second fine of Section 2.1.5 of the Original Lease shall be
amended by replacing "2.66%" with "3.73%"; and
(e) the second line of Section 4 of the Original Lease shall be
amended by replacing "One Thousand Eight Hundred Twenty Dollars
($1,820.00)" with "Two Thousand Six Hundred Fifty-Six and 52/100
Dollars ($2,656.52)".
(f) Section 2.1.6 of the Original Lease, as amended pursuant to the
First Amendment, is further amended by replacing "September 27,
1998" with November 30, 1998."
4. From and after the date hereof, all references in the Lease (or any
part thereof) in this Third Amendment shall mean and include the Lease as
amended hereby.
5. This Third Amendment shall be deemed to have been executed and delivered
within the State of Washington, and the rights and obligations of the parties
hereto shall be construed and enforced in accordance with, and governed by the
laws of the state of Washington.
6. This Third Amendment is the entire agreement between the parties with
respect to the subject matter hereof and supersedes all prior and
contemporaneous oral and written agreements and discussions. This Third
Amendment may only be amended by an agreement in writing, signed by the parties
hereto.
7. This Third Amendment is binding upon, and shall inure to the benefit of,
the parties hereto, their respective agents, employees, representatives,
officers, directors, divisions, subsidiaries, affiliates, assigns, heirs,
successors in interest and shareholders.
8. Each party has cooperated in the drafting and preparation of this Third
Amendment. Hence, in any construction to be made of this Third Amendment, the
same shall not be construed against any party.
9. Each term of this Third Amendment is contractual and not merely a
recital.
10. This Third Amendment may be executed in counterparts, and when each
party has signed and delivered at least one such counterpart, each counterpart
shall be deemed an original, and, when taken together with other signed
counterparts, shall constitute one Third Amendment, which shall be binding upon
and effective as to all parties.
11. The unenforceability of a portion of this Third Amendment shall not
affect the enforceability of the remainder of this Third Amendment.
12. The parties hereto will execute all such further and additional
documents as shall be reasonable, convenient, necessary or desirable to carry
out the provisions of this Third Amendment.
-2-
13. Except as hereby amended in this Third Amendment, the terms and
conditions of the Lease shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment
as of the date first above written.
LANDLORD
ALEXANDRIA REAL ESTATE EQUITIES, INC., a
Maryland corporation
By: /s/ Xxxxx Xxxx Xxxxxxx
-------------------------------------
Name: Xxxxx Xxxx Xxxxxxx
--------------------------------
Its: General Counsel
--------------------------------
TENANT
CORIXA CORPORATION, a Delaware
corporation
By: /s/ Xxxxxxxx Xxxxxx
-------------------------------------
Name: Xxxxxxxx Xxxxxx
--------------------------------
Its: Vice President & CFO
--------------------------------
-3-
