Exhibit 10.38
AMENDMENT OF OFFICE LEASE
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THIS AMENDMENT TO OFFICE LEASE (the "Amendment") is made and entered into
as of January 5, 2000 by and between ALZA Corporation, a Delaware corporation
("Landlord"), and Chemdex Corporation, a Delaware corporation ("Tenant").
RECITALS
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A. Landlord and Tenant are parties to that certain Office Lease dated as
of August 13, 1999 (the "Lease"), pursuant to which Tenant leased from Landlord
certain premises located at 1500 and 0000 Xxxxxxxx Xxxxxx in Mountain View,
California (the "Premises").
B. An incorrect legal description was inadvertently attached to the Lease
as Exhibit A and the parties now wish to correct such legal description.
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NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The parties acknowledge that the legal description of the real property
on which the Premises is located which was attached to the Lease as Exhibit A
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(the "Original Legal Description") was an incorrect description.
2. The parties hereby delete the Original Legal Description in its
entirety and substitute the legal description attached hereto as Exhibit A and
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incorporated herein by this reference (the "New Legal Description") in place of
the Original Legal description. From and after the date hereof, all reference in
the Lease to Exhibit A shall be deemed to refer to the New Legal Description.
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3. Unless expressly set forth herein, all other terms and conditions of
the Lease shall remain unchanged and in full force and effect. In the event of
any conflict between this Amendment and the Lease, the terms of this Amendment
shall control.
IN WITNESS WHEREOF the parties have executed this AMENDMENT TO OFFICE LEASE
as off the date first set forth above.
LANDLORD: TENANT:
ALZA CORPORATION, CHEMDEX CORPORATION,
a Delaware corporation a Delaware corporation
By: By: illegible signature
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Its: Its: V.P.
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By: By:
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Its: Its:
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EXHIBIT A
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DESCRIPTION OF REAL PROPERTY
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All that certain real property situated in the City of Mountain View, County
of Santa Xxxxx, State of California, described as follows:
Parcel A as shown on that Parcel Map filed for record in the office of the
Recorder of the County of Santa Xxxxx, State of California, on January 1,
1987, in Book 570 of Maps, Pages 32 and 33.
APN: 000-00-000
2
[LOGO]
XXXXXXX
XXXXXXXX
RIVIN&
STIKKER LLP
January 5, 2000
1624-04
VIA FACSIMILE (000) 000-0000
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Xxxxx X. Xxxxxxxx, Esq.
Xxxxxx, Xxxxx & Regalia
000 Xxxxxxxxxxx Xxxx, #000
Xxxxx Xxxx, XX 00000
RE: Lease between ALZA Corporation and Chemdex Corporation
1500 and 0000 Xxxxxxxx Xxxxxx, Xxxxxxxx Xxxx, Xxxxxxxxxx
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Dear Xxxxx:
Enclosed is a short Amendment To Office Lease which corrects the incorrect
legal description originally attached to the above-referenced Lease. Xxxxxxx
Xxxxx had sent you this Lease Amendment in late October 1999.
Please call to let me know if the Amendment is satisfactory to Chemdex. We
will then circulate execution originals.
My kindest regards.
Very truly yours,
/s/ Xxxxxxx Xxxxxx
S. Xxxxxxx Xxxxxx
SKP:lg
Enclosure
cc: Xxx Xxxxxxx (w/encl.)
[LOGO] 000 XXXXXXXXXXX XXXX
XXXXX 000
XXXXX XXXX, XXXXXXXXXX 00000
FACSIMILE (000) 000-0000
TELEPHONE (000) 000-0000
FAX TRANSMISSION COVER SHEET
January 6, 2000
TO: Xxxxx Xxxxxx FACSIMILE: (000) 000-0000
Chemdex TELEPHONE: (000) 000-0000
FROM: Xxxxx X. Xxxxxxxx
RE: Lease between ALZA Corporation and Chemdex Corporation
COMMENTS: Xxxxx: I am enclosing another copy of the proposed Lease Amendment
correcting the legal description attached as Exhibit A to the
Plymouth Street Lease. Presumably, the legal description Xxxxxxx
has attached is correct but it would require a preliminary report
to be sure. Please let me know how you wish to proceed. Thanks.
Xxxxx
Total Number of Pages (including this page) 3
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The information in this facsimile transmittal is intended only for the use
of the addressee and may contain information that is privileged,
confidential and exempt from disclosure under applicable law. If you are
not the intended recipient, or the employee or agent responsible for
delivering this transmittal to the intended recipient, you are hereby
notified that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received the
communication in error, please notify us immediately by telephone band
return the original message to us at the above address via the U.S. Postal
Service. Thank you.
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