AMENDMENT NO. 3 TO LEASE
Exhibit 10.23
AMENDMENT NO. 3
TO LEASE
TO LEASE
This Amendment No. 3 To Lease is made and entered into as of August 23, 2006, by and
between RNM Lakeville, LLC, a Delaware limited liability company (successor to RNM
Lakeville, L.P.) (“Landlord”), and Oculus Innovative Sciences, Inc. (f/k/a MicroMed
Laboratories, Inc.), a California corporation (“Tenant”).
RECITALS
A. Landlord and Tenant are parties to that certain Lease dated as of October 26, 1999, as
amended by Amendment No. 1 to Lease dated as of September 15, 2000 and Amendment No. 2 to Lease
dated as of July 29, 2005 (collectively the “Lease”), pursuant to which Landlord leases to Tenant,
and Tenant leases from Landlord, certain Premises at 0000 Xxxxx XxXxxxxx Xxxxxxxxx in Petaluma,
California. Unless otherwise defined herein, all capitalized terms shall have the meanings
assigned to them in the Lease.
B. Tenant currently occupies approximately 8,534 square feet of rentable area at 0000 XxXxxxxx
Xxxxxxxxx pursuant to a Sublease between Tenant and Autodesk, Inc. The term of the Sublease
expires on September 30, 2006.
C. The Termination Date of the Lease Term is September 30, 2006.
D. The parties wish to amend the Lease to expand the Premises and extend the Lease Term as
provided herein.
Therefore, for consideration, the adequacy and receipt of which are hereby
acknowledged, the parties agree as follows:
1. Term. The Termination Date of the Lease is hereby extended to
September 30, 2007.
2. Expansion Space. Commencing on October 1, 2006 (“Expansion
Date”), the Premises shall be expanded to add an additional approximately 8,534 square feet of
Rentable Area at 0000 Xxxxx XxXxxxxx Xxxxxxxxx in Petaluma, California, as designated in
Exhibit A to this Amendment (the `Expansion Space”). As of the Expansion Date, the entire
Premises shall consist of 22,374 square feet of Rentable Area. Tenant is fully familiar with the
condition of the Expansion Space and is accepting it AS IS and WITH ALL FAULTS.
3. Tenant’s Share. Commencing October 1, 2006, Tenant’s Share of
0000 Xxxxx XxXxxxxx Xxxxxxxxx shall be 23.62% and Tenant’s Share of 0000 Xxxxx XxXxxxxx Xxxxxxxxx
shall be 14.57%.
4. Base Rent. Commencing October 1, 2006, Base Rent for the entire
Premises shall be $23,492.70 per month.
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5. Tenant’s Extension Options. As of the date of this Agreement,
Tenant’s Extension Options shall terminate and be of no further force and effect.
6. Leasing Commissions. Each party hereby warrants to the other
party that it has had no dealing with any finder, broker or agent in connection with this Amendment
and the extension of the Lease. Each party hereby agrees that it shall indemnify, defend and hold
harmless the other party from and against any and all costs, expenses (including attorney’s fees
and costs of suit), and liabilities for commissions or other compensation, charges or damages
claimed by any other finder, broker or agent based upon dealings with the indemnifying party with
respect to the renewal and renegotiation of the Lease.
7. Confirmation of Lease. Tenant hereby represents and warrants to
Landlord that, as of the date hereof, (a) the Lease is in full force and effect and has not been
modified except pursuant to this Amendment; (b) Tenant has not subleased or assigned any of its
right, title and interest in and to the Lease and has full power and authority to enter into and
perform its obligations hereunder, (c) Tenant is not in default under the Lease, and to the best of
Tenant’s knowledge, there are no defaults on the part of Landlord existing under the Lease; (d) to
the best of Tenant’s knowledge, there exists no valid abatements, causes of action, counterclaims,
disputes, defenses, offsets, credits, deductions, or claims against the enforcement of any of the
terms and conditions of the Lease; (e) this Amendment has been duly authorized, executed and
delivered by Tenant and constitutes the legal, valid and binding obligation of Tenant; and (f)
there are no actions, whether voluntary or otherwise, pending against Tenant under the bankruptcy
or insolvency laws of the United States or any state thereof. Except as expressly modified herein,
the Lease shall remain in full force and effect.
In Witness Whereof, the parties executed this Amendment No. 2 as of the date first
written above.
Landlord:
|
Tenant: | |
RNM Lakeville, LLC,
|
Oculus Innovative Sciences, Inc., | |
a Delaware limited liability company
|
a California corporation |
By:
|
RNM Petaluma, Inc., | |||||||||
| a California corporation, | By: | /s/ Xxx Xxxxxx | ||||||||
| its Manager | ||||||||||
| Its: | VP & General Counsel | |||||||||
Name:
|
/s/ Xxxx X. Xxxxxx | Date: | 08/22/06 | |||||||
| Xxxx X. Xxxxxx, President | ||||||||||
Date:
|
23 August 2006 |
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