Exhibit 10.02
FIRST AMENDMENT TO LEASE
This Agreement amends and modifies that certain Triple Net Lease (the
"Lease") between BGR ASSOCIATES, a California Limited Partnership as lessor
and CHIRON CORPORATION, a California Corporation as lessee dated May 26, 1989
with respect to 0000 Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxx.
1. AMENDMENT TO LEASE:
This document amends and modifies the Lease. Except as expressly
modified by the provisions of this amendment, the Lease shall remain in full
force and effect.
2. MODIFICATION OF PARAGRAPH 1.2:
Paragraph 1.2 of the Lease entitled "LEASE TERM" is hereby modified by
changing from "ten (10) years" in the third line of said paragraph to "twelve
(12) years."
3. AMENDMENT TO PARAGRAPH 3.2:
"EXTENSION OF INITIAL TERM": The reference in the third line of paragraph
3.2 of the Lease to the "Initial Ten (10) year term" is hereby modified and
amended to read "the Initial Twelve (12) year term" and the reference in the
last line of said paragraph to "eleven (11) years" is hereby modified to read
"thirteen (13) years".
4. MODIFICATION TO PARAGRAPH 3.3:
"OPTION TO TERMINATE": Paragraph 3.3 is deleted.
5. MODIFICATION TO PARAGRAPH 4.2:
"ANNUAL RENT ADJUSTMENT": The first sentence of paragraph 4.2 is hereby
modified to read as follows:
"During the first ten (10) years of the Lease Term and
during any extension of the Lease Term pursuant to
paragraph 19.0 of this Lease, the Base Monthly Rent
specified in paragraph 1.3 shall be subject to annual
increases determined by reference to the Consumer Price
Index for All Urban Consumers, San Francisco-Oakland-San Jose,
California. All Items (1992-84-100), published by the United
States Bureau of Labor Statistics (the "CPI")."
The following language shall be inserted after the first sentence of
paragraph 4.2 of the Lease:
"During the eleventh and twelfth year of the Lease Term,
the Base Monthly Rent shall be identical to the Base
Monthly Rent due and payable under the terms of the
Lease for the last month of the tenth year of the
Lease Term."
6. CONFLICT RESOLUTION:
In the event of any conflict between the provisions of this amendment
and the provisions of the Lease, the provisions of this amendment shall
prevail.
This agreement entered into at Emeryville, California as of October 1, 1993.
LANDLORD TENANT
BGR ASSOCIATES, A CALIFORNIA CHIRON CORPORATION, A
LIMITED PARTNERSHIP CALIFORNIA CORPORATION
By: ________________________ By: _____________________
Address for Notices: Address for Notices:
0000 Xxx Xxxxxx 0000 Xxxxxx Xxxxxx
Xxx Xxxxxx, XX 00000 Xxxxxxxxxx, XX 00000
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