EXHIBIT 10.54
THIRD AMENDMENT TO COMMERCIAL SUBLEASE AGREEMENT
This Third Amendment to Commercial Sublease Agreement ("AMENDMENT")
dated March 3, 2003, is made by and between SOUTHWEST MICHIGAN INNOVATION
CENTER, INC. (FORMERLY KNOWN AS SWMF HOLDINGS CORPORATION) ("LANDLORD") and
ESPERION THERAPEUTICS, INC. ("TENANT").
PRELIMINARY STATEMENT
A. Landlord and Tenant entered into a Commercial Sublease dated June
22, 2001 (the "SUBLEASE") covering the following numbered rooms in XxXxxxxxx
Xxxx at Western Michigan University: 5010, 5030, 5040, 5041, 5042, 5070, 5090,
5110, 5111, and 5280C.
B. Pursuant to paragraph 3 of the Sublease, the term of the Sublease is
for one (1) year commencing October 15, 2001 and expiring October 14, 2002.
C. Pursuant to paragraph 3, Tenant has the option to renew the Sublease
for four (4) additional six (6) month terms, the first of which shall commence
immediately after the end of the original term of the Sublease.
D. Tenant has given Landlord notice of intent to renew the Sublease for
the first six-month renewal term and the parties are entering into this
Amendment to memorialize such renewal.
AGREEMENT
1. The Sublease is hereby amended to extend the term of the Sublease
for one (1) additional six (6) month period and the term of the Sublease will
commence on April 15, 2002 and expire on October 14, 2003, unless further
extended in accordance with the terms of paragraph 3 of the Sublease.
2. In accordance with the Sublease, rent during the additional term
shall be the same as the rent specified in Section 4 of the Sublease, as
amended.
3. Except as expressly stated otherwise in this Amendment, all rights
and obligations of Tenant and Landlord contained in the Sublease remain in full
force and effect.
4. This Amendment may be executed in counterparts and by facsimile,
each of which shall constitute an original and all of which shall together
constitute one and the same Amendment.
IN WITNESS WHEREOF, the parties have executed this Third Amendment as
of the day and year first above written.
SOUTHWEST MICHIGAN INNOVATION CENTER, INC.
By: /s/ Xxxxx Xxxxxx
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Xxxxx Xxxxxx
Its: Executive Director/CEO
ESPERION THERAPEUTICS, INC.
By: /s/ Xxxxxxx X. Xxxxxxxx
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Xxxxxxx X. Xxxxxxxx
Its: Chief Operating Officer & CFO
