MEMORANDUM OF LEASE AGREEMENT made effective the 1st day of December, 2005. BETWEEN:Memorandum of Lease Agreement • May 10th, 2006 • NUCRYST Pharmaceuticals Corp. • Pharmaceutical preparations • Alberta
IN CONSIDERATION of the rents, covenants and agreements hereinafter reserved and contained, the following constitutes a lease between the Parties of the Leased Premises in the Buildings located on the Lands, on the terms and subject to the covenants and agreements of the Parties hereinafter set out.
SECOND AMENDING LEASE AGREEMENTSecond Amending Lease Agreement • May 10th, 2006 • NUCRYST Pharmaceuticals Corp. • Pharmaceutical preparations
WHEREAS THE WESTAIM CORPORATION (“Lessor”) and NUCRYST PHARMACEUTICALS CORP. (“Lessee”) entered into a Memorandum of Lease Agreement dated July 1, 2005 (the“ Original Lease Agreement”) which was amended by Letter Agreement dated November 14, 2005 (the “First Amending Lease Agreement”);
Telefax: Our Telephone: (780) 992-5331 Our Telefax: (780) 992-5301 November 14, 2005NUCRYST Pharmaceuticals Corp. • May 10th, 2006 • Pharmaceutical preparations
Further to our recent discussions, The Westaim Corporation (“Westaim”) agrees to amend the Lease to correct the square footage by increasing the square footage of the MMC Building by three hundred and twenty-two (322 sq. ft.) square feet to a total of sixty-three thousand and six (63,006 sq. ft.) square feet and the square footage of the R&D/AIMS 1 Building by two hundred and seventy-six (276 sq. ft.) square feet to a total of eight thousand, one hundred and thirty (8,130 sq. ft.) square feet and adjust the rent accordingly all effective July 1, 2005. In that regard, all terms and provisions of the Lease shall be deemed to be automatically amended as may be required to give full force and effect to the increase in square footage of the Leased Premises. Without limitation, the Leased Premises shall be deemed to include the additional square footage set forth herein and the requirements for payment of Basic Rent and Additional Rent shall be deemed to include the requirement for payment o
