THIRD AMENDMENT TO LEASE AGREEMENT
Exhibit 10.31
THIRD AMENDMENT TO LEASE AGREEMENT
THIS THIRD AMENDMENT TO LEASE AGREEMENT (this “Third Amendment”) is dated as of September 13, 2024, but made effective as of September 1, 2024, by and between ARE-MA REGION NO. 75, LLC, a Delaware limited liability company (“Landlord”), and ENANTA PHARMACEUTICALS, INC., a Delaware corporation (“Tenant”).
RECITALS
A. Landlord and Tenant are now parties to that certain Deed of Lease dated as of September 24, 2018, as amended by that certain First Amendment to Lease Agreement dated as of May 12, 2022 (the “First Amendment”), and as further amended by that certain Second Amendment to Lease Agreement dated as of July 26, 2024 (as amended, the “Lease”). Pursuant to the Lease, Tenant leases certain premises containing approximately 36,930 rentable square feet, commonly known as Suites 100, 200 and 300 (the “Premises”), in the building commonly known as “Building 131” located at 000 Xxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx (the “Building”), within the complex commonly known as The Arsenal on the Xxxxxxx, Watertown, Massachusetts (the “Property”), as more particularly described in the Lease. Capitalized terms used herein without definition shall have the meanings defined for such terms in the Lease.
B. Landlord has caused the Property to be re-measured in accordance with Section 9 of the First Amendment in connection with the expansion of the Property to include the building commonly known as “Building 2”, and with respect to such addition of “Building 2” to the Property, the rentable area of the Property has been increased to approximately 1,134,543 rentable square feet.
C. Landlord and Tenant desire, subject to the terms and conditions set forth below, to, among other things, amend the Lease to (x) memorialize the re-measured rentable area of the Property, and (y) amend the definition of the defined term “Building’s Share of Property” set forth in the Lease to reflect the remeasured rentable area of the Property, effective as of September 1, 2024 (the “Remeasurement Date”).
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, the mutual promises and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows:
“Building’s Share of Property: 4.67%, subject to adjustment from time to time in accordance with the terms of this Lease.”
[Signatures are on the next page]
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment as of the day and year first above written.
TENANT:
ENANTA PHARMACEUTICALS, INC.,
a Delaware corporation
By: /s/ Xxxx Xxxxxxx
Print Name: Xxxx Xxxxxxx
Title: Chief Financial and Administrative Officer
□ I hereby certify that the signature, name, and title
above are my signature, name and title.
LANDLORD:
ARE-MA REGION NO. 75, LLC,
a Delaware limited liability company
By: Alexandria Real Estate Equities, L.P.,
a Delaware limited partnership,
managing member
By: ARE-QRS Corp
a Maryland corporation,
general partner
By: /s/ Xxxxxxx Xxxxxxxx
Print Name: Xxxxxxx Xxxxxxxx
Title: SVP – Real Estate Legal Affairs