EXHIBIT 10.13
THIRD AMENDMENT TO FACILITIES LEASE
THIS THIRD AMENDMENT TO FACILITIES LEASE ("Amendment") is made as of the
date set forth below, by and between CEDARS-SINAI MEDICAL CENTER, a California
nonprofit corporation ("Landlord"), and ARBIOS TECHNOLOGIES, INC., a California
corporation ("Tenant").
RECITALS:
A. Landlord and Tenant entered into that certain Facilities Lease, made
and entered into as of June 30, 2001, as amended ("Lease") for the Premises
situated in the Building located at 000 Xxxxxx Xxxxx Xxxx, Xxx Xxxxxxx,
Xxxxxxxxxx.
B. Tenant and Landlord desire to amend the Lease to extend the term for an
additional (3) years, on the terms of the Lease, as amended hereby.
NOW THEREFORE, in consideration of the mutual covenants and agreements
contained herein and for other good and sufficient consideration, the receipt
and sufficiency of which are hereby acknowledged, Landlord and Tenant covenant
and agree as follows:
AGREEMENT:
1. Each term which is not defined herein shall have the same definition as
is ascribed to such term in the Lease, unless specifically stated otherwise
herein.
2. Section 1.5 of the Lease is hereby amended and restated to read in its
entirety as follows:
"Termination Date: June 30, 2007."
3. As provided by Sections 5.1 and 5.2 of the Lease, commencing as of July
1, 2004, the Basic Annual Rent shall be Five Thousand Eight Hundred Forty-One
00/100 Dollars ($5,841.00).
4. Nothing contained in this Amendment shall be deemed to waive any
requirements for timely performance of all rights and obligations. Time is
expressly restated to be of the essence of the Lease.
5. The Lease, as amended hereby, shall remain in full force and effect. In
the case of any inconsistency between the provisions of the Lease and this
Amendment, the latter provisions shall govern and control.
6. This Amendment may be executed in counterparts and the signature pages
combined to constitute one document.
7. This Amendment shall become binding upon the parties only when executed
by both parties and mutually delivered between them.
EXECUTED as of the _____ day of June 2004.
LANDLORD:
CEDARS-SINAI MEDICAL CENTER,
a California nonprofit corporation
By: /s/ Xxxxxxx Xxxxxxx
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Name: Xxxxxxx Xxxxxxx
Its: Vice President of Academic Affairs
TENANT:
XXXXXX TECHNOLOGIES, INC.
By: /s/ Xxxxx Xxxxx
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Name: Xxxxx Xxxxx, M.D., Ph.D
Its: President
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