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EXHIBIT 10.12
LEASE AMENDMENT
BETWEEN
ILLINOIS INSTITUTE OF TECHNOLOGY
AND
DONLAR CORPORATION
This document is an amendment (the "Amendment") to the Office Lease dated
August 1, 1992 (the "Office Lease") between Illinois Institute of Technology
(the "Landlord") and Donlar Corporation (the "Tenant").
ARTICLE 1
DEMISED PREMISES AND TERM
A. SPECIFIC LOCATION AND TERMS. Subject to the terms, covenants
and agreements in the Office Lease, Landlord does hereby demise and lease to
Tenant and Tenant hereby accepts the following spaces in the buildings commonly
known as Building 90 and Building 91, Xxxxxxx Campus, 0000 Xxxxxx Xxxx, Xxxxxxx
Xxxx, Xxxxxxxx.
Bldg Room Area Described By Lease Term Terms
No. No. (Sq. Ft.) Exhibits(s) Commencing Covered by
---- ---- --------- ------------ ---------- ----------
90 234 81 B 08/01/92 Office Lease
90 236 231 B 08/01/92 Office Lease
90 238 510 B 08/01/92 Office Lease
90 239 234 B 02/01/93 Amendment
90 233 81 B 06/01/93 Amendment
90 235 639 B 06/01/93 Amendment
91 1st fl 0000 X,X 06/01/93 Amendment
91 2nd fl 200 E 06/01/93 Amendment
90 232 275 B 11/01/93 Amendment
The Office Lease and this Amendment shall terminate on July 31, 1994, unless
sooner terminated or extended as provided in the Office Lease.
ARTICLE 2
A. RENT
1. For the Building 90 space covered by this Amendment, Tenant shall
pay to Landlord rent in the amount of fifteen dollars ($15.00) per
square foot per annum.
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2. For the Building 91 Pilot Plant space covered by this
Amendment, Tenant shall pay to Landlord rent in the amount of
eight dollars ($8.00) per square foot per annum.
B. INTEREST ON OVERDUE PAYMENTS. Interest on overdue payments
covered by this Amendment is waived for a period extending from
the commencement of the lease term shown in Article 1, Section
A, to thirty (30) days after the date of execution of this
Amendment.
ARTICLE 3
PILOT PLANT: ADDITIONAL REQUIREMENTS
The following items pertain to the activities to be performed in the Pilot
Plant space.
A. STRUCTURAL MODIFICATIONS. The Tenant shall be responsible for all
structural analysis of existing Pilot Plant mezzanine floors and other
installations that require structural analysis. Any modifications to the
existing structural systems and/or floor grating must be approved by the
Landlord in advance of any work commencing.
B. UTILITIES. The Tenant shall pay for all utilities used in the
operation of the aforementioned Pilot Plant area. Utilities available in the
Pilot Plant are:
Electrical Power - 440-480 volts, 3 phase
110-120 volts, single phase
Steam - 160-170 psig
Water - 60-85 psi
Natural Gas
Potable water is available only in the drinking fountains.
In the event that these utilities are not metered, an estimate of usage will
be based on the type, quantity, and time of utility usage. The Tenant will
be billed monthly for these utilities at Landlord's cost.
The Tenant shall comply with all Water Reclamation District ordinances and
shall be responsible for the waste streams generated in the operation of the
Pilot Plant. The cost of disposal of liquid wastes shall be based on the
quantity of water discharged into the sewer system by the Tenant.
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All Pilot Plant electrical installations by Tenant shall meet or exceed NEMA 12
electrical specification.
C. NOISE CONTROL. The Tenant shall be responsible for controlling the
noise level generated by Tenant's equipment installed in the Pilot Plant.
Noise reduction devices and modifications to the Tenant's operation may be
necessary if the noise level exceeds 85 dba. The Landlord will make
periodic checks of the Pilot Plant to assure that the noise level does not
exceed this level.
D. ODOR CONTROL. The Tenant shall be responsible for controlling
odors that may be generated in the Pilot Plant operation. In the event of a
release of unpleasant odors, the Tenant shall take immediate steps to
eliminate odors in the Building. In addition, the Landlord must be informed
in writing of the possible odors to be generated through normal operation or
any episodes occurring during abnormal operation and shall approve the Tenant's
odor control plan prior to commencing any new operation.
E. ACCESS TO THE PILOT PLANT. Access to the Pilot Plant will be restricted
to the following locations:
1. The double door at the east side of the Pilot Plant.
2. The overhead door at the west side of the Pilot Plant.
3. Other doors shall be used only as emergency exits.
All pedestrian ingress and egress, deliveries, disposal of refuse, materials and
other waste must occur at these locations only. The Tenant will be responsible
for ensuring that the security of the Pilot Plant is not breached.
The Tenant has the right to use the Pilot Plant 24 hours a day, 7 days a week.
Normal hours of operation are 7:00 a.m. until 6:00 p.m., Monday through Friday.
After hours lighting of the Pilot Plant will be billed at actual cost.
F. RESTORATION OF THE PILOT PLANT. At the termination of this Office Lease
and this Amendment, the Tenant agrees to remove all utilities such as
electricity and water to the point of origin in the building. For example, if
electricity was installed from the main electrical supply room to the Tenant
space, it must be removed back to the point of origin.
G. PILOT PLANT SAFETY. The Tenant must supply copies of Material Safety
Data Sheets (MSDS) for all materials used in the operation of the Pilot Plant
equipment to the Landlord. These
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sheets must be on file with the Landlord prior to the commencement of
any activity utilizing the material. In addition, copies of these Data
Sheets must be inserted in the appropriate binder located at the first and
second floor entrances of the Pilot Plant.
A representative of the Tenant shall attend at least two/thirds of the
monthly safety meetings called by the Landlord's representative.
H. FUTURE INSTALLATIONS. The Tenant must submit plans for all proposed
Pilot Plant installations for review and approval of the Landlord. The
Landlord will review the plans for a maximum of 15 working days and will approve
or reject in writing the proposed installation based on stated criteria.
These criteria include, but are not limited to the following: compatibility
with othe Pilot Plant operations; hazardous installations; environmentally
sensitive installations.
IN WITNESS WHEREOF, Landlord and Tenant have caused this amendment to be
executed on the date first above written.
LANDLORD: ILLINOIS INSTITUTE OF TECHNOLOGY
an Illinos not-for-profit corporation
BY: /s/
-------------------------------------
ITS: Vice President
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TENANT: DONLAR CORPORATION
BY: /s/ Xxxxx X. Xxxxxx
-------------------------------------
ITS: President
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DONLAR EXHIBIT B
SECOND FLOOR PLAN
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BUILDING 90
Occupancy
[ ] Starting Date
-------------
August 1, 1992
[ ] June 1, 1993
[ ] October 1, 1993
Date: 03/01/94 By: X. X. Xxxxx
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DONLAR EXHIBIT C
FIRST FLOOR PLAN
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BUILDING 91
PILOT PLANT AREA
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DONLAR EXHIBIT D
FLOOR PLAN
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DONLAR EXHIBIT E
SECOND FLOOR PLAN
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BUILDING 91
