EXHIBIT 10.6
SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE, made this 10th day of September, 1996,
between XXXXX X. XXXXXXXX ORGANIZATION, a California corporation, herein
referred to as "Landlord", and PERCLOSE, INC., a Delaware corporation,
(successor in interest to Perclose, Inc., a California corporation), herein
referred to as "Tenant".
RECITALS
1. Landlord and Tenant's predecessor in interest have previously
entered into a Lease entitled "Business Park Lease" dated July 6, 1993 for
demised premises (the "Premises") located at 000-000 Xxxxxxxxx Xxxxx, Xxxxx
Xxxx, Xxxxxxxxxx, as more particularly described in said Lease.
2. Landlord and Tenant's predecessor in interest have previously
entered into a First Amendment to Lease dated January 31, 1995 (the Lease and
First Amendment to Lease herein collectively referred to as the "Lease")
which First Amendment to Lease demised to Tenant certain additional space
located at 191 and 000 Xxxxxxxxx Xxxxx as more fully set out therein.
3. Landlord and Tenant now wish to provide for the expansion of Tenant
into additional space located at 000 Xxxxxxxxx Xxxxx, Xxxxx Xxxx, Xxxxxxxxxx
and to amend the base rent due under the Lease and otherwise modify the
Lease, all as more particularly set forth hereinbelow.
NOW, THEREFORE, in consideration of the covenants and conditions
contained herein, Landlord and Tenant agree to amend the Lease as follows:
1. Landlord hereby leases to Tenant and Tenant hereby leases from
Landlord the Expansion Space located at 000 Xxxxxxxxx Xxxxx (hereinafter
Expansion Space) as described in EXHIBIT "X" and shown ON EXHIBIT "X-1"
hereto for a term commencing on September 1, 1996 and continuing through and
including September 30, 1998. Base rent for the Expansion Space shall be set
forth in paragraph 2 hereof.
2. Commencing on September 1, 1996, Tenant's base rent under the Lease
shall increase by Forty Thousand Eight Hundred Dollars ($40,800.00) per
annum, payable in twelve (12) equal monthly installments of Three Thousand
Four Hundred Dollars ($3,400.00).
The increase in base rent scheduled to occur as of October 1, 1997 with
respect to the premises demised to Tenant under the Lease shall not apply to
the base rent reserved hereunder for the Expansion Space which will remain
the same throughout the demised term.
3. Tenant accepts the Expansion Space in its "as is" condition;
provided that Landlord agrees to deliver the Expansion Space to Tenant with
all electrical, plumbing and HVAC systems serving the Expansion Space in good
working order. Any improvements to the Expansion Space shall be made by Tenant
at its sole cost and
1
expense in accordance with plans and specifications therefor which are
subject to Landlord's prior approval.
4. Except as herein modified, the terms of the Lease are and shall
remain the same.
IN WITNESS WHEREOF, the parties have executed this Second Amendment to
Lease as of the date first hereinabove written.
TENANT: LANDLORD:
PERCLOSE, INC., XXXXX X. XXXXXXXX ORGANIZATION,
a Delaware corporation a California corporation
By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxxxx X. Xxxxxxx
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Vice President Vice President
By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxxxx Xxxxx, Xx.
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Assistant Secretary Assistant Secretary
0
XXXXXXX "X"
XXXXXXXX XXXXXXXXXX XXXX
000 XXXXXXXXX XXXXX
XXXXX XXXX, XXXXXXXXXX
DESCRIPTION OF DEMISED PREMISES
FOR
"PERCLOSE"
All that certain real property situate in the State of California,
County of San Mateo, City of Menlo Park and is described as follows:
A portion of Parcel 2, as said parcel is designated on the map entitled
"PARCEL MAP, BEING A RESUBDIVISION OF PARCEL 2 OF P.M. REC. IN VOLUME 27 AT
PAGE 39 AND PARCELS 2 AND 3 OF P.M. RECORDED IN VOLUME 28 AT PAGE 8, SAN
MATEO COUNTY RECORDS XXXXXXXX INDUSTRIAL PARK, MENLO PARK, SAN MATEO COUNTY,
CALIFORNIA," which map was filed in the Office of the Recorded of the County
of San Mateo, State of California on January 12, 1976 in Volume 30 of Parcel
Maps at Page 20, more particularly described as follows:
Commencing at the most westerly corner of said Parcel 2, from which corner
the point of beginning of the demised premises bears South 67 DEG. 17' East
171.00 feet and North 22 DEG. 43' East 56.00 feet; Thence from said point
of beginning North 22 DEG. 43' East 100.00 feet; Thence South 67 DEG. 17'
East 40.00 feet; Thence South 22 DEG. 43' West 100.00 feet; Thence North
67 DEG. 17' West 40.00 feet to the point of beginning.
Containing approximately 4,000 SQUARE FEET.
SEPT. 3, 1996
[FLOOR PLAN]
JEFFERSON DRIVE
EXHIBIT "B"
