EXHIBIT 10.15
LANDLORD CONSENT TO ADDENDUM TO SUBLEASE
THIS LANDLORD CONSENT TO ADDENDUM TO SUBLEASE ("Consent Agreement") is
entered into as of the 16th day of July, 2004, by and among CA-EMERYVILLE
PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership ("Landlord"),
GEAC ENTERPRISE SOLUTIONS, INC., a Georgia corporation ("Sublandlord"), and
BIONOVO, INC., a California corporation ("Subtenant").
RECITALS:
A. Landlord (as successor in interest to EOP-Emeryville Properties, L .L .C.,
a Delaware limited liability corporation), as landlord, and Sublandlord
(as successor in interest to as successor in interest to Extensity, Inc .,
a Delaware corporation), as tenant, are parties to that certain lease
agreement dated January 12, 1998, as amended by Amendment Number One dated
April 28, 1998, Amendment Number Two dated October 26, 1998, Amendment
Number Three dated October 19, 1998, Amendment Number Four dated July 28,
1999, Amendment Number Five dated August 26, 1999, Amendment Number Six
dated September 20, 1999, Amendment Number Seven dated December 2, 1999,
Amendment Number Eight dated March 17, 2000, Amendment Number Nine dated
April 15, 2000, Amendment Number Ten dated May 30, 2000, and Amendment
Number Eleven dated December 12, 2000 (collectively, the "Lease") pursuant
to which Landlord has leased to Sublandlord certain premises containing
approximately 60,774 rentable square feet (the "Premises") of the building
commonly known as Watergate Office Tower If located at 0000 Xxxxxx Xxxxxx,
Xxxxxxxxxx, Xxxxxxxxxx (the "Building").
B. Sublandlord and Subtenant entered into that certain Sublease Agreement
dated December 30, 2003 (the "Sublease") pursuant to which Sublandlord
agreed to sublease to Subtenant certain premises described as follows:
approximately 1,733 rentable square feet, Suite 675 (the "Sublet
Premises") constituting all or a pan of the Premises. Landlord,
Sublandlord, and Subtenant entered into that certain Landlord Consent to
Sublease dated December 30, 2003.
C. Sublandlord and Subtenant have requested Landlord's consent to that
certain Addendum to Sublease dated April 20, 2004, a copy of which is
attached hereto as Exhibit A.
D. Landlord has agreed to give such consent upon the terms and conditions
contained in this Agreement.
NOW THEREFORE, in consideration of the foregoing preambles which by this
reference are incorporated herein and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Landlord hereby
consents to the Sublease subject to the following terms and conditions, all of
which are hereby acknowledged and agreed to by Sublandlord and Subtenant:
1. Addendum to Sublease Agreement. Sublandlord and Subtenant hereby represent
that a true and complete copy of the Addendum to Sublease is attached
hereto and made a part hereof as Exhibit A, and Sublandlord and Subtenant
agree that the Sublease shall not be further modified without Landlord's
prior written consent, which consent shall not be unreasonably withheld.
2. Representations. Sublandlord hereby represents and warrants that
Sublandlord (i) has full power and authority to sublease the Sublet
Premises to Subtenant, (ii) has not transferred or conveyed its interest
in the Lease to any person or entity collaterally or otherwise, and (iii)
has full power and authority to enter into the Addendum to Sublease and
this Consent Agreement. Subtenant hereby represents and warrants that
Subtenant has full power and authority to enter into the Addendum to
Sublease and this Consent Agreement.
3. Administrative Fee. Upon Sublandlord's execution and delivery of this
Consent Agreement, Sublandlord shall pay to Landlord the sum of $0.00 in
consideration for Landlord's review of the Addendum to Sublease and the
preparation and delivery of this Consent Agreement.
4. Authority. Each signatory of this Consent Agreement represents hereby that
he or she has the authority, to execute and deliver the same on behalf of
the Perry hereto for which such signatory is acting.
5. Counterparts. This Consent Agreement may be executed in counterparts and
shall constitute an agreement binding on all parties notwithstanding that
all parries are not signatories to the original or the same counterpart
provided that all parties are furnished a copy or copies thereof
reflecting the signature of all parties.
(SIGNATURES ON FOLLOWING PAGE)
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IN WITNESS WHEREOF, Landlord, Sublandlord and Subtenant have entered this
Consent Agreement as of the date set forth above.
LANDLORD:
CA-EMERYVILLE PROPERTIES LIMITED PARTNERSHIP, a
Delaware limited partnership
By: EOM GP, L.L.C., a Delaware limited liability company, its
general partner
By: Equity Office Management, L.L.C., a Delaware
limited liability company, its non-member manager
By:
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Name:
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Title:
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SUBLANDLORD:
GEAC ENTERPRISE SOLUTIONS, INC., a Georgia corporation
By:
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Name:
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Title:
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By:
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Name:
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Title:
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SUBTENANT:
BIONOVO, INC. a California corporation
By:
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Name:
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Title:
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By:
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Name:
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Title:
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EXHIBIT A
ADDENDUM TO SUBLEASE AGREEMENT
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