1
EXHIBIT 10.1
AMENDMENT NO. 5
(dated January 2, 2001 for reference purposes only)
To Lease Dated April 15, 1994
Between Presbyterian Health Foundation as Landlord,
and UROCOR, INC. formerly known as CytoDiagnostics, Inc., as Tenant
WHEREAS, Landlord and Tenant are the parties to the above described
Lease for the Building located at 000 X. Xxxxxxxx Xxxxxxx; and,
Landlord and Tenant mutually desire to amend the above-described lease, (amended
via Amendment No. 1 dated April 14, 1997, Amendment No. 2 dated April 14, 1998,
Amendment No. 3 dated February 1, 1999, Amendment No. 4 dated September 29, 1999
and this Amendment No. 5 dated January 2, 2001) as follows:
The provisions of this Amendment No. 5 shall supersede and control any
inconsistent provisions contained in the Lease, regardless of whether such
inconsistent provisions are contained in the printed portion of the Lease or any
rider, addendum, amendment or exhibit annexed thereto.
I. Amended Leased Premises: Commencing March 1, 2001, the Lease
Premises shall increase by 2,887
rentable square feet as shown on
the attached Exhibit A-5. This
makes the total Lease Premises
108,063 rentable square feet.
II. Amended Expense Stop: The "Expense Stop" shall change
commencing January 1, 2001, from
$4.50 per Rentable Square Foot: to
"All Operating Costs for the
calendar 2000 adjusted to reflect
the greater of (i) the Building
being 95% occupied or (ii) actual
occupancy of the Building."
III. Amended Operating Costs: Item (j) of 1.2, Other Definitions,
starting on page 5 of the Lease
Agreement shall be amended as
follows: The first sentence of the
paragraph shall be replaced with
the following sentence:
"The actual expenses incurred by
Landlord (adjusted to reflect the
greater of (i) the Building being
95% occupied or (ii) actual
occupancy of the building) with
respect to operation, maintenance,
and management of the Building
(including Common Areas) and all
other improvements located on the
Real Estate in excess of the
"Expense Stop" as defined above."
Both parties agree to the terms of the Lease Agreement as amended by Amendment
No. 1, Amendment Xx. 0, Xxxxxxxxx Xx. 0, Xxxxxxxxx Xx. 0 and this Amendment No.
5, and the Lease Agreement shall continue in full force and effect.
Landlord: Presbyterian Health Foundation
By: /s/ Xxxxxx XxXxxxx Date: 3/20/01
------------------------------ ------------------------------
Xxxxxx XxXxxxx, Vice President
Tenant: UROCOR, INC.
By: /s/ Xxxxxxx X. Xxxxxx Date: 3/16/01
------------------------------- ------------------------------
Xxxxxxx X. Xxxxxx
President/Chief Operating Officer
