SECOND AMENDMENT TO SUBLEASE AGREEMENT
Exhibit
10.2
0000
Xxxxxxxxx Xxxxx, Xxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx
THIS
SECOND AMENDMENT TO SUBLEASE AGREEMENT (“Amendment”), is made and entered into
effective this 19th
day of
May 2008, by and between MJ RESEARCH COMPANY, INC. (“Sublessor”) and HANA
BIOSCIENCES, INC. (“Sublessee”).
RECITALS
A. Sublessor
and Sublessee are parties to a Sublease and a First Amendment to Sublease
Agreement, each dated May 31, 2006 (collectively, the “Original
Sublease”).
B. Sublessor
and Sublessee desire to amend and modify the term of the Original Sublease,
as
set forth in this Amendment. The Original Sublease, as modified by this
Amendment, is referred to collectively as the “Sublease.”
AGREEMENT
1. Confirmation
of Termination Date.
The
provisions of Section
2
of the
First Amendment to Sublease are modified as follows: (i) Sublessee shall have
until May 31, 2009 to exercise its one-time right to confirm the Termination
Date, (ii) in the event that Sublessee exercises its right to confirm the
Termination Date, as provided in the preceding item “(i),” the term of this
Sublease shall expire on May 31, 2010, and (iii) in the event that Sublessee
does not exercise its right to confirm the Termination Date, as provided in
the
preceding item “(i),” the term of this Sublease shall expire on March 31, 2011.
2. Correction.
Wherever
the name “MJ Research Company, Inc.” appears in the Sublease or any amendment
thereto, the name “MJ Research, Incorporated” shall be substituted therefor.
3. Ratification.
Except
as modified by the provisions of this Amendment, the terms and conditions of
the
Original Sublease shall continue to apply. In the event of a conflict between
the provisions of this Amendment and the Original Sublease, the provisions
of
this Amendment shall prevail.
4. Counterparts.
This
Amendment may each be executed in counterpart copies, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument. Electronic copies of signatures to this Amendment shall be deemed
to
constitute original signatures.
THIS
AMENDMENT is executed by the parties and effective as of the date first set
forth above.
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SUBLESSOR:
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SUBLESSEE:
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MJ
RESEARCH, INCORPORATED.
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HANA
BIOSCIENCES, INC.
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By:
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/s/
Xxxxxxxx X. Xxxxxx
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By:
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/s/
Xxxx X. Xxxxxxxxxxxx
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Name:
Xxxxxxxx X. Xxxxxx
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Name:
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Xxxx
X. Xxxxxxxxxxxx
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Its:
Vice President
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Its:
VP, Chief Financial
Officer
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