LEASE AMENDMENT AGREEMENT Between
Exhibit 10.3
Between
FIDIA FARMACEUTICI S.P.A. with registered office in Abano Terme (PD), xxx
Xxxxx xxxxx Xxxxxxxx 0/X, Xxxxx, V.A.T. No. 00204260285 (hereinafter "Fidia")
and
FIDIA ADVANCED BIOPOLYMERS S.r.l. with registered office in Abano Terme
(PD), xxx Xxxxx xxxxx Xxxxxxxx 0/X, Xxxxx, V.A.T. No. 03641500289 (hereinafter "FAB")
(hereinafter jointly referred to as the "Parties" and each one as a "Party")
WHEREAS
on December 30, 2009, Fidia and FAB entered into a lease agreement (the "Agreement") related to the lease of certain Property (as defined in the Agreement);
Fidia and FAB hereby agree as follows:
| 1) | Definitions included in the Agreement shall have the same meaning in this Lease Amendment Agreement. |
| 2) | With effect as of September 20, 2010, Annex A to the Agreement is replaced by the revised Annex A attached to this Lease Amendment Agreement. |
| 3) | With effect as of September 20, 2010, Recital (C) to the Agreement is hereby amended as follows: |
"the Lessor is the owner of the premises located at Abano Terme (PD), Xxx Xxxxx xxxxx Xxxxxxxx 0/X and 3/B, registered with the NCT F. 10 xxxx. 632 and NCEU F. 10 xxxx. 632, as described by the extract from the Land Registry and maps as per Annex A hereto and identified as follows (the "Property"):
| (1) | portion of the building named F2 ("Building F2 – Maps 0008_59 e 0008_02") per mq 380 for warehouse use; |
| (2) | portion of the building named "Istituto di Ricerca" (LR1 – Maps 0005 e 0006) for mq 1,174 for laboratories and production facility Tissue Tech and for mq 1,268 for office (ground floor and first floor);". |
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| 4) | With effect as of September 20, 2010: |
| a) | the table in Section 3.1, is replaced by the following table: |
| Area | Mq. |
Monthly rent/mq (Euro) |
Monthly rent (Euro) |
|
Istituto di Ricerca (LR1 - Maps 0005 e 006) - Offices Warehouse ("Building F2 –Map 0008_59") |
1,268 | 14.29 | 18,119 |
| 373 | 5.11 | 1,906 | |
|
Warehouse (“Building F2 – Map 0008_02”) |
7 | 14.29 | 100 |
| Istituto di Ricerca (LR1 - Map 0005)- Research Laboratories | 655 | 17.05 | 11,168 |
| Istituto di Ricerca (LR1 - Map 006)- Production facility Tissue Tech | 519 | 17.05 | 8,849 |
| Amount | 2,822 | 41,042 |
And, b) the total amount in line to of Section 31 from September 20, 2010 is Euro 41,042.
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IN WITNESS WHEREOF, the parties have executed or caused this Lease Amendment Agreement to be executed.
Abano Terme, September 20, 2010
FIDIA FARMACEUTICI S.P.A.
By: /s/ Xxxxxxx Xxxxxxx
Xxxxxxx Xxxxxxx, Chief Executive Officer
FIDIA ADVANCED BIOPOLYMERS S.R.L.
By: /s/ Xxxxxxx X. Xxxxxxxx, Ph.D.
Xxxxxxx Xxxxxxxx, President
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