EXHIBIT 10.36
EXTENSION, MODIFICATION AND RATIFICATION OF LEASE
This Extension, Modification and Ratification of Lease ("Extension") is made
and entered into, effective the 23rd day of March, 1998, between WOODLANDS
OFFICE EQUITIES-'95 LIMITED, a Texas Limited Partnership successor in title
to THE WOODLANDS CORPORATION (Lessor) and ENERGY BIOSYSTEMS CORPORATION
(Lessee) for and in consideration of One Dollar ($1.00), and other good and
valuable consideration
WITNESSETH:
1. Lessor and Lessee hereby confirm and ratify (as modified below) all of the
terms, conditions and covenants in that certain Lease Agreement ("Lease")
between parties dated May 24, 1993; Extension, Modification and Ratification
of Lease dated January 27, 1994; Modification and Ratification of Lease
dated March 28, 1996, under which Lessee has leased from Lessor approximately
32,857 square feet of net rentable area in that building located at 4200
Research Forest Drive, Suite 100, The Woodlands, Xxxxxxxxxx County, Texas
("Building").
2. Lessor and Lessee agree that the Term of the Lease Agreement shall be
extended for Sixty (60) months changing the expiration date from October 31,
1998 to October 31, 2003 ("Extended Term").
3. Lessor and Lessee agree that beginning November 1, 1998, the Base Rent, as
set out in Section 6 of the Lease Agreement, shall be increased by Two
thousand seventy hundred thirty-eight and 11/100 dollars ($2,738.11) per
month, so that the total Base Rent shall be Thirty three thousand six hundred
seventy-eight and 42/100 dollars ($33,678.42) per month. Lessor and Lessee
further agree that beginning November 1, 2001, the Base Rent shall be
increased by Two thousand seven hundred thirty-eight and 11/100 dollars
($2,738.11) per month, so that the total Base Rent shall be Thirty six
thousand four hundred sixteen and 53/100 dollars ($36,416.53) per month.
4. Lessor and Lessee agree that the Right of First Refusal described in
paragraph 35 of the Lease will be deleted in its entirety and of no further
use or effect.
Signed this the 16th day of March, 1998, at The Woodlands, Texas.
LESSOR: LESSEE
WOODLANDS OFFICE EQUITIES-'95 LIMITED ENERGY BIOSYSTEMS
By: THE WOODLANDS COMMERCIAL PROPERTIES CORPORATION
COMPANY, L.P., a Texas limited
Partnership
Its General Partner
By: The Woodlands Operating Company, L.P.,
a Texas Limited Partnership,
Its Authorized Agent
By: /s/ Xxxx X. Xxxxxx By: /s/ Xxxx X. Xxxxx III
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Name: Xxxx X. Xxxxxx Name: Xxxx X. Xxxxx III
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Title: V.P. Investment Properties Title: V.P. Finance
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