Exhibit 10.63.1
AMENDMENT TO SUBLEASE
Applera Corporation ("Sublandlord"), as sublandlord under that certain
Sublease dated June 15, 2001 with Deltagen Inc. ("Subtenant") and Subtenant
hereby agree that notwithstanding Section 3(f) of the Sublease, in the event of
a casualty or condemnation affecting the subleased premises, Sublandlord shall
upon written request of Subtenant, terminate the Master Lease (as defined in the
Sublease) in accordance with the terms of the Master Lease.
This Amendment shall be binding upon Subtenant, Sublandlord and their
successors and assigns. This Amendment shall not be effective unless approved by
Ceretek, LLC and 1501 Harbor Bay L.P. This Amendment by be executed in
counterparts; telecopies of this Amendment may be executed; and executed
telecopies may be delivered by telecopy.
June 20, 2001
DELTAGEN INC. APPLERA CORPORATION
By:_______________________________ By: _____________________________________
Name: ____________________________ Name:____________________________________
Title: ___________________________ Title: __________________________________
APPROVED BY SUB-SUBTENANT:
CERETEK, LLC
By: _______________________________
Name: _____________________________
Title: ____________________________
APPROVED BY MASTER LANDLORD:
1501 HARBOR BAY, L.P.
By: Acamar (1501), Inc.
its general partner
By: _____________________________
Xxxxx X. Xxxxxx, President
-1-