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EXHIBIT 10.20
AMENDMENT #14
AMENDMENT NUMBER #14 TO THAT LEASE DATED SEPTEMBER 10, 1991 BETWEEN XXXXXXX
PROPERTIES, L.P., AS LANDLORD, AND SCICLONE PHARMACEUTICALS, INC., AS TENANT
(THE "LEASE"), FOR PREMISES LOCATED AT 000 XXXXXXX'X XXXXXX XXXXXXXXX, XXX
XXXXX, XXXXXXXXXX.
Effective December 1, 2000, the Lease will be amended as follows to provide for
Tenant's expansion premises and terminated premises:
1. PREMISES. Effective December 1, 2000, the parties hereto desire to
terminate the Lease only with respect to that portion of the Premises,
located on the second floor and known as Xxxxx 000, consisting of
approximately 935 square feet of rentable area as shown outlined in red
on the attached floor plan (Exhibit B - Suite 200).
Effective January 1, 2001, the term "Premises" as used in the Lease is
therefore amended to mean approximately 16,748 square feet of rentable
area (which includes a portion of the building common area) located on
the first and second floors of the building known as 000 Xxxxxxx'x
Xxxxxx Xxxxxxxxx. The Premises as expanded herein are approximately as
shown outlined in red on the attached floor plan (Exhibit X-0 - Xxxxx
000, Xxxxx 000, Xxxxx 000, Xxxxx 000 xxx Xxxxx 000).
Effective March 1, 2001 or unless sooner terminated by Landlord and
Tenant, the parties hereto desire to terminate the Lease only with
respect to that portion of the Premises, located on the first floor and
known as Suite 170, consisting of approximately 1,980 square feet of
rentable area as shown outlined in red on the attached floor plan
(Exhibit X-0 - Xxxxx 000).
2. OCCUPANCY DENSITY. 4 people per 1000 square feet.
3. RENT. Base Rent for the Premises as expanded herein shall be as follows:
12/01/00 - 12/31/00: Forty thousand seven hundred sixty one and 00/100ths
(Suite 200 terminated dollars ($40,761.00) per month plus operating expenses per
12/1/00) Paragraph 29 of the Lease. Operating expenses through
December, 2000 are estimated to be $7,193.00
per month. Direct operating expenses are
estimated a year in advance and collected on a
monthly basis. Any adjustments necessary (up or
down) will be made at the end of the operating
year.
01/01/01 - 02/29/01: Eighty Six Thousand Four Hundred Forty Four and 00/100ths
dollars (86,444.00) per month plus operating expenses per
Paragraph 29 of the Lease.
03/01/01 - 08/31/01: Seventy Seven Thousand Six Hundred Ninety Two and 00/100ths
(Suite 170 terminated dollars ($77,692.00) per month plus operating expenses per
2/29/01) Paragraph 29 of the Lease.
09/01/01 - 12/31/01: Seventy Eight Thousand Nine Hundred Ninety Six and
00/100ths dollars ($78,996.00) per month plus
operating expenses per Paragraph 29 of the
Lease.
01/01/02 - 08/31/02: Eighty Thousand Three Hundred Fifty One and 00/100ths
dollars ($80,351.00) per month plus operating expenses per
Paragraph 29 of the Lease.
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09/01/02 - 12/31/02: Eighty One Thousand Seven Hundred Twenty Seven
and 00/100ths dollars ($81,727.00) per month
plus operating expenses per Paragraph 29 of the
Lease.
01/01/03 - 08/31/03: Eighty Three Thousand One Hundred Fifty Seven
and 00/100ths dollars ($83,157.00) per month
plus operating expenses per Paragraph 29 of the
Lease.
09/01/03 - 12/31/03: Eighty Four Thousand Six Hundred Five and
00/100ths dollars ($84,605.00) per month plus
operating expenses per Paragraph 29 of the
Lease.
01/01/04 - 08/31/04: Eighty Six Thousand Thirty Five and 00/100ths
dollars ($86,035.00) per month plus operating
expenses per Paragraph 29 of the Lease.
09/01/04 - 12/31/04: Eighty Seven Thousand Four Hundred Eighty Three
and 00/100ths dollars ($87,483.00) per month
plus operating expenses per Paragraph 29 of the
Lease.
01/01/05 - 08/31/05: Eighty Eight Thousand Nine Hundred Eighty Nine
and 00/100ths dollars ($88,989.00) per month
plus operating expenses per Paragraph 29 of the
Lease.
09/01/05 - 12/31/05: Ninety Thousand Three Hundred Sixty Five and
00/100ths dollars ($90,365.00) per month plus
operating expenses per Paragraph 29 of the
Lease.
01/01/06 - 8/31/06: Ninety One Thousand Nine Hundred Forty Five and
00/100ths dollars ($91,945.00) per month plus
operating expenses per Paragraph 29 of the
Lease.
09/01/06 - 12/31/06: Ninety Three Thousand Three Hundred Twenty One
and 00/100ths dollars ($93,321.00) per month
plus operating expenses per Paragraph 29 of the
Lease.
01/01/07 - 08/31/07: Ninety Four Thousand Nine Hundred One and
00/100ths dollars ($94,901.00) per month plus
operating expenses per Paragraph 29 of the
Lease.
4. SECURITY DEPOSIT The Letter of Credit ("LC") of $316,898.00 under the
Lease shall be increased by $316,092.00 for a total of $632,990.00 ("LC
Amount"). The LC shall be delivered to Landlord within forty-five (45)
days of the commencement date of this Amendment #14 and shall be in
accordance with Paragraph 5 of Amendment #13 of the Lease.
5. TENANT'S PROPORTIONATE SHARE Effective December 1, 2000, Tenant's
proportionate share shall be 7.75%. Effective January 1, 2001, Tenant's
proportionate share shall be 14.06%. Effective March 1, 2001 or upon the
termination of Suite 170 if earlier, Tenant's proportionate share shall
be 12.39%.
6. TENANT IMPROVEMENTS Tenant agrees to accept the Premises as so expanded
in "as is" condition. Provided Tenant is not in default of the Lease,
Landlord shall contribute a one time tenant improvement allowance not to
exceed $22,578.00 toward the cost of initial tenant improvements. Tenant
shall not perform any work in the Premises (including, without
limitation, cabling, wiring, fixturization, painting, carpeting,
replacements or repairs) except in accordance with Paragraphs 7 and 9 of
the Lease.
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7. SUBLETTING During the first thirty six (36) months of the Term of this
Lease, provided that Tenant is not in default of the Lease, Tenant shall
have the right to sublease the 2,557 square foot portion of the Premises
on the second floor, known as Suite 285, with prior written Landlord's
consent, from time to time, to one subtenant at a time provided that the
term of such proposed sublease shall not exceed thirty six (36) months
and no extension options shall be granted in such sublease, without
extending any option to Landlord to recapture or terminate the Lease as
to such portion of the Premises, and as otherwise in accordance with
Paragraph 10 of the Lease.
All other terms and conditions of the Lease shall remain in full force and
effect and shall apply to the Premises as well as to the original premises.
Dated: November 21, 2000
IN WITNESS WHEREOF, the parties hereto have executed this Amendment #14 as of
the day and year first above written.
LANDLORD:
XXXXXXX PROPERTIES, L.P.,
a California limited partnership
By: Xxxxxxx Properties, Inc.,
a Maryland corporation,
its general partner
By:
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Xxxxx Xxxxx
Its: Vice President
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TENANT:
SCICLONE PHARMACEUTICALS, INC.
A California Corporation
By:
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Its:
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