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EXHIBIT 10(v)(ii)
AMENDMENT TO LEASE
THIS AMENDMENT TO LEASE ("Amendment") is made this 5th of December,
1996, by and between University Science Center Partnership, a Wisconsin general
partnership, having its principal office located at 1265 XXXX Building, 000
Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxx 00000 (hereinafter referred to as "Landlord")
and Novagen, Inc., an Arkansas corporation, having an office located at 000
Xxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxxx 00000 (hereinafter referred to as "Tenant").
RECITALS
A. On December 0xx, 0000, Xxxxxxxx entered into a Lease Agreement
(the "Lease Agreement") with Tenant for approximately 17,750 square feet of
space in Landlord's building located at 000 Xxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxxx
00000 and 282 square feet of space in Landlord's building located at 000 Xxxxxxx
Xxxxx, Xxxxx X, Xxxxxxx, Xxxxxxxxx 00000.
B. Landlord and Tenant wish to amend the terms of the Lease
Agreement with regard to provisions regarding the heating, ventilating and air
conditioning of the Leased Premises and termination of the Lease Agreement.
NOW, THEREFORE, in consideration of the foregoing, and other good
and valuable consideration, the receipt and sufficiency of which are
acknowledged by each party, the following amendment to the Lease Agreement is
hereby agreed to, effective December 5th, 1996 (the "Effective Date").
1. Section 1.2 of the Lease Agreement is hereby amended to add
the following provision at the end of such Section:
Landlord acknowledges Tenant may have the need to lease
additional space to accommodate expansion of its business. Landlord and
Tenant agree to negotiate in good faith to satisfy Tenant's expansion
needs. If Landlord cannot provide reasonably acceptable expansion space
for Tenant, Tenant shall have the right to terminate this lease. Notice
of termination shall be provided by Tenant to Landlord one (1) year
prior to the effective date of termination. Tenant can first provide
such written notice of termination after the third year of this Lease.
2. Section 3.1 of the Lease Agreement is hereby amended to add
the following provision at the end of such Section:
The foregoing notwithstanding, Tenant's responsibility for the
cost of
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replacement of heating and air conditioning equipment shall be limited
to a fraction of the replacement cost thereof, the numerator of which
shall be the number of years remaining in the term of this Lease (not
including unexercised options to extend), and the denominator of which
shall be twenty (20). The balance of such cost shall be paid by
Landlord.
3. All other terms and conditions of the Lease Agreement shall
remain unchanged, and are hereby ratified and confirmed.
LANDLORD: UNIVERSITY SCIENCE CENTER PARTNERSHIP
By: University Research Park Facilities
Corp., Managing Partner
By: /s/ XXXXX X. XXXXXX
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Xxxxx X. XxXxxx, Assistant
Secretary/Treasurer
TENANT: NOVAGEN, INC.
By: /s/ XXXXX XXXXXXX
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Xxxxx Xxxxxxx, President
Attest: /s/ XXXXXX XXXXXX
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Xxxxxx Xxxxxx, Secretary
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