EXTENSION AGREEMENT
THIS EXTENSION AGREEMENT is entered into as of the 24th day of
September, 1998, by and between ProLogis Limited Partnership I, a Delaware
Limited Partnership (formerly known as SCI Limited Partnership I, a Delaware
Limited Partnership) (the "Landlord") and Human Pheromone Sciences. Inc., a
California Corporation (formerly known as Erox Corporation, a California
Corporate) (the "Tenant").
WITNESSETH:
WHEREAS, Landlord and Tenant have entered into a Lease, dated as of the
29th day of September, 1995, pursuant to which Landlord leased to Tenant certain
premises located at 0000 Xxxxxxx Xxxxx, Xxxxxxx, XX (such lease, as heretofore
and hereafter modified, being herein referred to as the "Lease").
WHEREAS, Landlord and Tenant desire to extend the term of the Lease on
the terms and conditions set forth below.
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Landlord and Tenant agree as follows:
1. The term of the Lease is extended for twenty four (24) months,
such that the Lease shall terminate on the 31st day of October,
2000. All of the terms and conditions of the Lease shall remain
in full force and effect during such extension period except
that the Monthly Base Rent shall be as follows during such
extension:
Months Rent
------ ----
1-12 $ 9,658.00
13-24 $10,097.00
2. Except as modified herein, the Lease, and all of the terms and
conditions thereof, shall remain in full force and effect.
3. Any obligation or liability whatsoever of Security Capital
Industrial Trust, a Maryland real estate investment trust, which may arise at
any time under the Lease or this Agreement or any obligation or liability which
may be incurred by it pursuant to any other instrument, transaction or
undertaking contemplated hereby, shall not be personally binding upon, nor shall
resort for the enforcement thereof be had to the property of, its trustees,
directors, shareholders, officers, employees, or agents regardless of whether
such obligation or liability is in the nature of contract, tort or otherwise.
IN WITNESS WHEREOF, the parties hereto have signed this Extension
Agreement as of the day and year first above written.
ProLogis Limited Partnership I, a Delaware
Limited Partnership
By: /s/ Xxx X. Xxxxxxxx
-------------------------------------
Name: Xxx X. Xxxxxxxx
Title: Senior Vice President
LANDLORD
Human Pheromone Sciences, Inc. a
California Corporation
By: /s/ Xxxxxxx X. Xxxxxx
-------------------------------------
Name: Xxxxxxx X. Xxxxxx
Title: CFO
TENANT
