EX-10.1



 






Exhibit 10.1


*
Confidential Materials Omitted And Filed Separately With The
Securities And Exchange Commission. Asterisks Denote Omissions.


FIRST AMENDMENT TO LEASE




     This First Amendment to Lease (this “Amendment”) is entered into as of September 14, 2007 (the
“First Amendment Date”) by and between BMR-Landmark at Eastview LLC, a Delaware limited liability
company (“Landlord”), and Regeneron Pharmaceuticals, Inc., a New York corporation (“Tenant”).



RECITALS




     (A) Landlord and Tenant are parties to that certain Lease (the “Lease”) dated as of December
21, 2006, pursuant to which Landlord (a) leases the Premises (as defined in the Lease) to Tenant
and (b) has provided Tenant an option (the “Expansion Option”) to expand the Premises and take
occupancy of the entire New Multiple Tenant Building. All capitalized terms used but not otherwise
defined herein shall have the meanings given such terms in the Lease.



     (B) Tenant has delivered to Landlord the Expansion Notice.



     (C) Landlord and Tenant desire to amend certain terms of the Lease, as set forth below, to
reflect their understanding with respect to such terms and the addition of the Expansion Space (as
defined below) to the Premises.



AGREEMENT




     NOW, THEREFORE, Landlord and Tenant, in consideration of the mutual promises contained herein
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, and intending to be legally bound, agree as follows:



A. Amendments




     1. Expansion Space. The Lease is hereby amended to include the first floor of the New
Multiple Tenant Building, as depicted on Exhibit A attached to the Lease (the “Expansion
Space”), so that such space constitutes a part of, and is included within the meaning of, the “New
Multiple Tenant Building Premises”, the “New Premises” and the “Premises”, as such terms are used
in the Lease. The Expansion Space shall be delivered to Tenant together with the rest of the New
Multiple Tenant Building Premises in accordance with the terms of the Lease, so that the entire New
Multiple Tenant Building will be leased to Tenant. Except as specifically provided otherwise
herein or in the Lease, all of the terms and conditions set forth herein and in the Lease shall
apply to the Expansion Space. The description of the Expansion Space set forth on Exhibit
A attached hereto is hereby added to the description of the New Multiple Tenant Building
Premises on Exhibit A to the Lease. The mere exercise by Tenant of the Expansion Option
and any additional Landlord Work required to be performed to deliver possession of the Expansion
Premises in the condition and on the date provided in the Lease, shall not constitute a Tenant
Delay under this Lease.



     2. Estimated Term Commencement Date. Section 2.6 of the Lease is hereby amended by
replacing the date “March 6, 2008” where such date appears therein with the date “June 20, 2008”.



 









 





     3. Exhibit F. Exhibit F to the Lease is hereby amended by (i) replacing the value
“$68,107,092”, where such value appears in the letter therein, dated December 12, 2006, from David
Surette to Steve Marshall, with the value “68,159,687” and (ii) replacing the Schedule of Values
therein with the Schedule of Values attached hereto as Exhibit B.



B. Miscellaneous




     1. This Amendment shall be governed by, construed and enforced in accordance with the laws of
the state in which the Premises are located, without regard to such state’s conflict of law
principles.



     2. Tenant and Landlord each represents and warrants to the other that it has had no dealings
with any real estate broker or agent in connection with the negotiation of this Amendment other
than Studley, Inc. (“Broker”), and that it knows of no other real estate broker or agent that is or
might be entitled to a commission in connection with this Amendment. Landlord shall compensate
Broker in relation to this Amendment pursuant to a separate agreement between Landlord and Broker



     3. Each of Landlord and Tenant represents that, except as amended hereby, the Lease has not
been modified and remains in full force and effect and the individual or those individuals signing
this Amendment on behalf of Landlord or Tenant (respectively) have the power, authority and legal
capacity to sign this Amendment on behalf of and to bind all entities, corporations, partnerships,
limited liability companies, joint venturers or other organizations and entities on whose behalf
said individual or individuals have signed.



     4. This Amendment may be executed in one or more counterparts, each of which, when taken
together, shall constitute one and the same document.



Remainder of Page Intentionally Left Blank.

Signature Page Follows.




2









 





     IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above
written.



	 	 	 	 	 	 	 
	 	 	LANDLORD:	 	 
	 
	 	 	 	 	 	 
	 	 	BMR-Landmark at Eastview LLC,	 	 
	 	 	a Delaware limited liability company	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Matthew G. McDevitt	 	 
	 

	 	 	 	 	 	 
	 

	 	Name:
	 	Matthew G. McDevitt	 	 
	 

	 	Title:
	 	Regional Executive Vice President	 	 
	 
	 	 	 	 	 	 
	 	 	TENANT:	 	 
	 
	 	 	 	 	 	 
	 	 	Regeneron Pharmaceuticals, Inc.,	 	 
	 	 	a New York corporation	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Murray A. Goldberg	 	 
	 

	 	 	 	 	 	 
	 

	 	Name:
	 	Murray A. Goldberg	 	 
	 

	 	Title:
	 	Senior Vice President, Finance &	 	 
	 	 	Administration and Chief Financial Officer	 	 






 









 





EXHIBIT A




EXPANSION SPACE




EXHIBIT A




EXPANSION SPACE DESCRIPTION



The Expansion Space is the entire first floor of the New Multiple Tenant Building, along with the
remaining portions of the basement and penthouse. The Rentable Area of the Expansion Space shall be
defined as follows:



First floor= 33,169 square feet

Basement= 1,738 square feet

Penthouse= 849 square feet 

Total Rentable Area of Expansion Space= 35,756 square feet*






 




			
	*	 	The Lease incorrectly references total Rentable Area of Expansion Space as 35,755 square feet.






 









 








EXHIBIT B




SCHEDULE OF VALUES




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