AMENDMENT NO. 2 TO LEASE
EXHIBIT
10.1
AMENDMENT
NO. 2 TO LEASE
AGREEMENT
made this 28th
day of
February, 2007, between 000/000 XXXXXXXXXX XXXXXXXXX REALTY TRUST, with its
principal address c/o CB Xxxxxxx Xxxxx-N E Partners, 000 Xxxxxxxxxxx Xxxxxx,
Xxxxxxxxxx, Xxxxx Xxxxxx, 00000, hereinafter referred to as Lessor, and
Cyberkinetics, Inc., hereinafter referred to as Lessee.
WITNESSETH
That
the
Lease dated May 9, 2003 (the “Original Lease”), covering certain square feet of
rentable floor space at Building Number 100 (Building 100) in the Foxborough
Business Center located at 000 Xxxxxxxxxx Xxxxxxxxx (the original space),
Foxborough, Massachusetts, for a term commencing June 1, 2007, and expiring
May
31, 2008 between the Lessee and the Trustees of CC&F Foxborough Trust, Whose
interest is now vested in the Lessor herein, is hereby amended as
follows:
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TERM:
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Effective
June 1, 2007 through May 31, 2008.
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PREMISES
AREA:
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Approximately
7,769 square feet of Rentable Area
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PROPORTIONATE
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SHARE:
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`11.95%
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BASE
RENT:
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6/1/07-
5/31/08 (7,769 sf @ $19.00 psf) $12,300.92 per month $147,611.00
per Year.
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BASE
YEAR &
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BASE
TAXES:
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2007
actual
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ELECTRICITY:
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As
the building has one electric meter, the Tenant will pay $1.25 psf
for its
use of electricity for lights and plugs. ($809.27 per
month)
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LANDLORD’S
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WORK:
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None
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SPACE
IMPROVEMENT:
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The
Tenant will have the option to make modest space improvements at
Tenant’s
election and sole cost subject to Landlord approval.
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RIGHT
TO RENEW:
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Tenant
will have the option to renew for one (1) five (5) year period at
fair
market value with a 180 day prior written notice to
Landlord.
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Except
as
heretofore and hereby amended said Lease Agreement dated February 2003, is
in
all respects ratified and confirmed.
IN
WITNESS WHEREOF, the Lessor has signed and sealed this instrument this
28th
day of
February, 2007, and the Lessee has signed and sealed this instrument on the
28th
day of
February, 2007.
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In
the presence of:
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LANDLORD:
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By:
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/s/
Xxxxxxx X. Xxxxxxxxxx, Trustee
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Xxxxxxx
X. Xxxxxxxxxx, Trustee
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and
not individually
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In
the presence of:
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TENANT:
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Cyberkinetics,
Inc.
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By:
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/s/
Xxxxxxx X. Xxxxxxxx
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Name:
Xxxxxxx X. Xxxxxxxx
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Title:
President & CEO
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