EXHIBIT 10.45


 


NINTH AMENDMENT TO LEASE


 


THIS NINTH AMENDMENT TO LEASE (this “Ninth Amendment”) is made as of
the 19th day of December, 2008 (the “Ninth Amendment
Date”), by and between THE REALTY ASSOCIATES FUND VI, L.P., a Delaware limited
partnership (“Landlord”) and CUBIST PHARMACEUTICALS, INC., a Delaware
corporation (“Tenant”).


 


RECITALS:


 


WHEREAS, by a lease (the “Original Lease”) dated as of January, 2004,
California State Teachers’ Retirement System (“Calsters”) leased to Tenant
approximately 15,475 rentable square feet of space, consisting of a portion of
the second (Suite 2201-55) and fourth (Suite 4201-55) floors in the
building known as 45-55 Hayden Avenue, Lexington, Massachusetts (the “Building”);
and


 


WHEREAS, Landlord has succeeded to the interests of Calsters as
landlord under the Lease; and


 


WHEREAS, the Original Lease has been amended by: a First Amendment to
Lease between Landlord and Tenant, dated as of September 29, 2005 (the “First
Amendment”); and by a Second Amendment to Lease between Landlord and Tenant
dated as of November 18, 2005 (the “Second Amendment”); and by a Third
Amendment to Lease between Landlord and Tenant dated as of June 20, 2007
(the “Third Amendment”); and by a Fourth Amendment to Lease dated as of October 25,
2007 (the “Fourth Amendment”); and by a Fifth Amendment to Lease (the “Fifth
Amendment”) dated as of December 18, 2007; and by a Sixth Amendment to
Lease (the “Sixth Amendment”) dated as of July 31, 2008; and by a Seventh
Amendment to Lease (the “Seventh Amendment”) dated as of November 18,
2008; and by an Eighth Amendment to Lease (the “Eighth Amendment”), dated as of
November 18, 2008 (the Original Lease, as so amended, being referred to as
the “Lease”), pursuant to which the size of the premises demised under the
Original Lease was increased to 137,037 rentable square feet (the “Existing
Premises”). The Existing Premises consist of Suites 2201-55, 2200-55, 3000-55,
4201-55, 4200-55, 4600-45, 1000-55, 3200-55, 3201-55, 2600-45 and 2800-25; and


 


WHEREAS, by letter dated as of April 27, 2006, and pursuant to the
Second Amendment, Tenant elected to include Suite 2200-55 (also known as
the Comet Space) in the Existing Premises for the remainder of the Lease Term;
and


 


WHEREAS, Landlord and Tenant now desire to further amend the Lease to,
among other things, expand the size of the Existing Premises by adding thereto
approximately 14,092 rentable square feet of space, known as Suites 2100-45 and
2100-55, on the second floor of the Building (together, the “JLL Space”), and
to adjust the rent and certain provisions, all on the terms and conditions set
forth below.


 


NOW, THEREFORE, in consideration of the mutual covenants herein
contained, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby 


 


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acknowledged, and intending to be legally bound hereby, Landlord and
Tenant hereby agree as follows:


 


1.             Defined
Terms. All of the foregoing recitals are true and correct. Unless otherwise
defined herein, all capitalized terms used in this Ninth Amendment shall have
the meanings ascribed to them in the Lease, the Lease shall be amended to
incorporate any additional definitions provided for in this Ninth Amendment,
and all references in the Lease to the “Lease” or “this Lease” or “herein” or “hereunder”
or similar terms or to any section thereof shall mean the Lease, or such
section thereof, as amended by this Ninth Amendment.


 


2.             Additional
Terms and Definitions. (a) From and after the Ninth Amendment
Effective Date, the following terms set forth in “Article 1 Reference Data”
of the Lease are hereby amended or added, as applicable, to have the following
meanings:


 


	
  PREMISES:

  	
   

  	
  The following areas in the 45 and 55 Hayden Avenue portions of the
  Building: (i) Suite 2201-55 on the second floor and
  Suite 4201-55 on the fourth floor, (ii) Suite 4200-55 on the
  fourth floor of the Building, (iii) Suite 2200-55 on the second
  floor of the Building, and (iv) Suite 3000-55 on the third floor of
  the Building; and (v) Suite 4600-45 on the fourth floor of the 45
  Hayden Avenue portion of the Building; (vi) Suite 1000-55 on the
  first floor of the 55 Hayden Avenue portion of the Building;
  (vii) Suite 3200-55 on the third floor of the 55 Hayden Avenue
  portion of the Building; (viii) Suite 3201-55 on the third floor of
  the 55 Hayden Avenue portion of the Building; (ix) Suite 2600-45 on
  the second floor of the 45 Hayden Avenue portion of the Building;
  (x) Suite 2800-45 on the second floor of the 45 Hayden Avenue
  portion of the Building; (xi) Suite 2100-45 on the second floor of the
  45 Hayden Avenue portion of the Building; and (xii) Suite 2100-55 on the
  second floor of the 55 Hayden Avenue portion of the Building. All such spaces
  are shown on Exhibit A-9, attached hereto and incorporated
  herein.

  
	
   

  	
   

  	
   

  
	
  RENTABLE FLOOR AREA

  	
   

  	
   

  
	
  OF THE PREMISES:

  	
   

  	
  Approximately 151,129 square feet of the 45 and 55 Hayden Avenue
  portions of the Building as follows (i) 6,755 rentable square feet on
  the second floor contained in Suite 2201-55, (ii) 8,720 rentable
  square feet on the fourth floor contained in Suite

  



 


2

















 


	
   

  	
   

  	
  4201-55 and 31,453 rentable square feet on the fourth floor of the
  Building contained in Suite 4200-55, (iii) 6,150 rentable square
  feet on the second floor of the Building contained in Suite 2200-55, (iv) 30,019
  rentable square feet on the third floor of the Building contained in Suite 3000-55;
  (v) 25,405 rentable square feet on the fourth floor of the 45 Hayden
  Avenue portion of the Building contained in Suite 4600-45, (vi) 12,146
  rentable square feet on the first floor of the Building contained in Suite 1000-55;
  (vii) 6,215 rentable square feet on the third floor of the Building
  contained in Suite 3200-55; and (viii) 4,280 rentable square feet
  on the third floor of the Building contained in Suite 3201-55; (ix) 3,089
  rentable square feet on the third floor of the Building contained in Suite 2600-45;
  (x) 2,805 rentable square feet on the second floor of the Building
  contained in Suite 2800-45; (xi) 1,184 rentable square feet on the
  second floor of the Building contained in Suite 2100-45; and (xii)
  12,908 rentable square feet on the second floor of the Building contained in Suite 2100-55.

  



 


(b)           From after the Ninth Amendment Effective Date, the term “Annual
Rent” for the Premises shall be as set on Schedule I to this Ninth
Amendment.


 


3.             [Intentionally
Omitted]


 


4.             Operating
Expenses and Real Estate Taxes. Tenant’s obligations under Section 4.2
of the Lease to pay Operating Expenses with respect to the JLL Space shall be
computed using the calendar year ending December 31, 2009 as a base year;
and Tenant’s obligations under Section 4.2 of the Lease to pay increases
in Real Estate Taxes with respect to the Ninth Amendment Expansion Space shall
be computed using the fiscal year ending June 30, 2009 as the base year.


 


5.             Effective
Date; Delivery and Condition. (a) The “Ninth Amendment Effective Date”
shall be the later to occur of (i) February 1, 2009 and (ii) the
date on which Jones Lang LaSalle (the “Existing Tenant”) vacates and surrenders
the JLL Space and Landlord delivers possession of the Ninth Amendment Expansion
Space to Tenant.


 


(b)           Tenant acknowledges that, except as explicitly provided in
this Ninth Amendment and the Lease, it is leasing the JLL Space in its current
AS IS condition, without any representation or warranty whatsoever on the part
of Landlord. Tenant currently occupies the Existing Premises and is fully
familiar with their condition and that of the common areas of the Building, and
Tenant acknowledges that, to the best of 


 


3

















 


Tenant’s knowledge (upon reasonable
investigation and inquiry), the Existing Premises and the JLL Space are in good
condition and suitable for Tenant’s uses. Without limiting the foregoing,
Tenant agrees that Landlord has no obligation to perform any work in or to
either the Existing Premises or the JLL Space to prepare the same for Tenant’s
continued use and occupancy.


 


(c)           Landlord acknowledges that
Tenant desires to make certain alterations or improvements in the JLL
Space to make the same more suitable for Tenant’s
occupancy. Such alterations or improvements may include tenant improvements to
the Ninth Amendment Expansion Space,
installation of fixtures in the Ninth Amendment Expansion Space, and architectural and engineering expenses in
connection therewith (collectively, the “JLL Space Improvements”). All Ninth Amendment Expansion
Space Improvements shall be undertaken by
Tenant in strict accordance with the applicable requirements of the Lease
(including without limitation Sections 3.3 and 3.4). The JLL Space Improvements shall be deemed substantially complete
on that date on which the JLL Space
Improvements have been completed except for items of work (and, if
applicable, adjustment of equipment and fixtures) which can be completed after
Tenant has taken occupancy of the JLL Space, or any part thereof, without
causing undue interference with Tenant’s use of the JLL Space or such part
thereof. To the extent that (i) such work
is substantially completed in accordance with such Lease requirements, and (ii) receipted
invoices (and other material required under the Lease such as, but not limited
to, lien waivers from any contractor or subcontractor performing the JLL
Space Improvements) showing the actual cost
thereof are presented to Landlord during the Term of the Lease, and (iii) at
the time of any advance of funds, there then exists (A) no Event of
Default on the part of Tenant, nor (B) any Actionable Event of Default (as
defined in the Third Amendment), Landlord shall reimburse Tenant, within thirty
(30) days after receipt of each such invoice (together with lien waivers for
all costs theretofore billed), for costs actually incurred by Tenant (excluding
the costs of furniture), as evidenced by such invoices, in connection with the
design and construction of the JLL Space Improvements, but in no event shall Landlord be obligated to reimburse
Tenant more than the lesser of (x) such actual cost, or (y) Three
Hundred Fifty-two Thousand Three Hundred Dollars ($352,300.00), or $25.00 per
square foot of Rentable Area in the JLL Space (the “JLL Space Improvements
Allowance”). No portion of the JLL Space Improvements Allowance may be applied to costs of
purchasing or installing furniture or wiring/cabling for the JLL Space. If the Existing Tenant vacates and surrenders
possession of the JLL Space prior to January 31, 2009, Landlord shall
grant Tenant reasonable access to the JLL Space from and after such surrender
(and the Existing Tenant vacating the JLL Space) for the purpose of commencing
the JLL Space Improvements in the JLL
Space. To the extent that Tenant has not requested disbursement of any portion
of the JLL Space Improvements Allowance
prior to the expiration or earlier termination of the Lease, Landlord shall
have no further obligation to reimburse Tenant for any such costs incurred by
Tenant. Notwithstanding the foregoing, to the extent that Tenant has not used
the entire JLL Space Improvements Allowance for JLL Space Improvements,
then Tenant shall have the 


 


4

















 


right to use any remaining portion (in
addition to any unused portion of the Eighth Amendment Expansion Space Improvements
Allowance) for Lobby Improvements made by Tenant to the Lobby Area (as those
terms are defined in the Seventh Amendment), provided that Tenant shall not use
more than $25.00 per rentable square foot of Lobby Space area, in the
aggregate, from the Eighth Amendment Expansion Space Improvements Allowance (as
defined in the Eighth Amendment) and the JLL Space Improvements Allowance.


 


6.             Contingency.   Tenant acknowledges that the
Ninth Amendment Effective Date occurring prior to the original expiration date
of the lease with the Existing Tenant is contingent on Landlord’s ability to
enter into a termination agreement with the Existing Tenant, on terms and
conditions acceptable to Landlord in its sole discretion, pursuant to which the
Existing Tenant would vacate and surrender possession of the JLL Space on or
before January 31, 2009. If Landlord is unable to enter into a termination
agreement with the Existing Tenant, on terms and conditions acceptable to
Landlord in its sole discretion, on or before January 5, 2009, then
Landlord shall so advise Tenant and Landlord shall have the right to terminate
this Ninth Amendment by giving notice to Tenant (unless, prior to the giving of
such notice, Landlord and the Existing Tenant reach such an agreement). Upon
any such termination, this Ninth Amendment shall be void and without further
force or effect, and Landlord shall have no liability hereunder.


 


7.             Parking.  From and after the Ninth Amendment Effective
Date, Section 10.19 of the Lease shall be amended by, in the first
sentence thereto:


 


(a)           Replacing
“four hundred eleven (411)” with “five hundred three;” and


 


(b)           Replacing
“137,037” with “151,129.”


 


8.             Brokers.  Tenant covenants, represents and warrants to
Landlord that Tenant has had no dealings or communications with any broker or
agent (other than Grubb & Ellis Company and Richards Barry Joyce &
Partners) in connection with this Ninth Amendment, and Tenant covenants and
agrees to pay, hold harmless and indemnify the Landlord from and against any
and all cost, expense (including reasonable attorneys’ fees) or liability for
any compensation, commission or charges to any broker or agent (other than the
foregoing named brokers) claiming through the Tenant with respect hereto.


 


9.             Exhibits.  Exhibit A-8 attached hereto is
hereby substituted for Exhibit A-6 to the Lease. All references in
the Lease to Exhibit A-1, A-2, A-3, A-4, A-5, A-6
or A-8 shall be replaced by references to Exhibit A-9.


 


10.           Successors.  This Ninth Amendment shall be binding upon
and inure to the benefit of the parties hereto and their respective successors
and assigns, subject to the provisions of the Lease regarding assignment or
other transfers of each party’s rights under the Lease.


 


5

















 


11.           Authority.  Each party represents and warrants to the
other that each person executing this Ninth Amendment on behalf of such party
has the authority to do so and that such execution has fully obligated and
bound such party to all terms and provisions of this Ninth Amendment.


 


12.           No
Further Amendment.  It is understood
and agreed that all other conditions and terms contained in the Lease not
herein specifically amended shall remain unmodified and in full force and
effect, and the Lease, as modified by this Ninth Amendment, is hereby ratified
and confirmed.


 


13.           Tenant
Representations. As a material inducement to Landlord entering into this
Ninth Amendment, Tenant represents and certifies to Landlord that as of the
date hereof: (i) the Lease, as modified hereby, and together with that
certain letter dated September 24, 2007 from Ron Friedman to Jack
Kerrigan, with the subject line “Response to Specific Security Questions —
Hayden Woods Corporate Center,” contains the entire agreement between the
parties hereto relating to the Premises and that, except for that certain
Amended and Restated Declaration of Covenants and Easements between the
Landlord’s predecessor in title with respect to the Building and Tenant, as
amended to date (the “Declaration”) there are no other agreements between the
parties relating to the Premises, the Building or the Lease which are not
contained or referred to herein or in the Lease, (ii) to the best of
Tenant’s knowledge, Landlord is not in default (continuing beyond the
expiration of any applicable notice or grace periods) in any respect in any of
the terms, covenants and conditions of the Lease; (iii) Tenant has no
existing setoffs, counterclaims or defenses against Landlord under the Lease; (iv) Tenant
has not assigned or pledged its leasehold interest under the Lease, or sublet
or licensed or granted any other occupancy rights with respect to any or all of
the Premises; (v) no consent or approval of any third party or parties is
required in order for Tenant to enter into and be bound by this Ninth
Amendment; and (vi) Tenant is not, and the performance by Tenant of its
obligations hereunder shall not render Tenant, insolvent within the meaning of
the United States Bankruptcy Code, the Internal Revenue Code or any other
applicable law, code or regulation.


 


14.           Landlord
Representations.  As a material
inducement to Tenant entering into this Ninth Amendment, Landlord represents
and certifies to Tenant that as of the date hereof: (i) the Lease, as
modified hereby, and together with that certain letter dated September 24,
2007 from Ron Friedman to Jack Kerrigan, with the subject line “Response to
Specific Security Questions — Hayden Woods Corporate Center,” contains the
entire agreement between the parties hereto relating to the Premises and that,
except for the Declaration, there are no other agreements between the parties
relating to the Premises, the Building or the Lease which are not contained or
referred to herein or in the Lease, (ii) to the best of Landlord’s
knowledge, there exists no Event of Default or Actionable Event of Default on
the part of Tenant in any respect in any of the terms, covenants and conditions
of the Lease; (iii) no consent or approval of any third party or parties
is required in order for Landlord to enter into and be bound by this Ninth
Amendment; and 


 


6

















 


(iv) Landlord has the right to lease the
Ninth Amendment Expansion Space, as provided herein, to Tenant.


 


15.           Governing
Law. The Lease, this Ninth Amendment and the rights and obligations of both
parties thereunder and hereunder shall be governed by the laws of The
Commonwealth of Massachusetts.


 


16.           HVAC.  Landlord and Tenant acknowledge that letter
from Tenant’s counsel to Landlord’s counsel dated August 13, 2007, with a
subject line “45-55 Hayden Avenue, Lexington, MA,” and the response from
Landlord’s counsel dated October 18, 2007.


 


17.           Counterparts.
This Ninth Amendment may be executed in counterparts, each of which shall be an
original and all of which counterparts taken together shall constitute one and
the same instrument.


 


[Text Ends Here]


 


7

















 


IN WITNESS WHEREOF, the undersigned have
hereunto se their hands and seals as of the date first above written.


 


	
   

  	
  LANDLORD:

  
	
   

  	
   

  
	
   

  	
  The Realty Associates Fund VI, L.P., a Delaware limited partnership

  
	
   

  	
   

  
	
   

  	
   

  	
  By:  Realty Associates Fund VI
  LLC, a Massachusetts limited liability company, general partner

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  By:     Realty Associates Advisors LLC, a
  Delaware limited liability company, Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
  By:  Realty Associates Advisors
  Trust, a Massachusetts business trust, Manager

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
  By:

  	
     /s/ James P. Raisides

  
	
   

  	
   

  	
   

  	
   

  	
  Officer:
  Sr. Vice President

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  By:  Realty Associates Fund VI
  Texas Corporation, a Texas corporation, general partner

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  By:

  	
     /s/ James P. Raisides

  
	
   

  	
   

  	
  Officer:
  Sr. Vice President

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  TENANT:

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  CUBIST PHARMACEUTICALS, INC.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  By:

  	
     /s/ David W.J. McGirr

  
	
   

  	
   

  	
   

  	
  Name:
  David W.J. McGirr

  
	
   

  	
   

  	
   

  	
  Title:
  Senior Vice President and Chief Financial Officer

  
								



 


8














 


Exhibit A-8


 


Plans of Premises


 





 


9

















 





 


10

















 





 


11

















 





 


12

















 





 


13

















 





 


14

















 





 


15

















 





 


16

















 





 


17

















 





 


18

















 





 


19

















 





 


20














 


SCHEDULE I TO NINTH AMENDMENT


 


Annual Rent


 


Annual Rent for the Premises shall be the sum
of the rents shown below for each portion of the Premises, determined as of the
date in question. This Schedule does not include payments due under the Seventh
Amendment in respect of the Lobby Space, which shall be in addition to the
amounts shown below.


 


As to Suites 2201-55, 4201-55 and 4200-55:


 


(a)                                  For
the period from [Effective Date of First
Amendment], 2006 through July 31, 2009:


 


(i) As to Suite 2201-55 and Suite 4201-55:


 


	
   

  	
  RENTAL PERIOD

  	
   

  	
  TOTAL ANNUAL

  RENT

  	
   

  	
  MONTHLY PAYMENT

  	
   

  	
  RENTAL RATE/SF

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  5/1/06 –
  1/31/07

  	
   

  	
  $

  	
  371,400.00

  	
   

  	
  $

  	
  30,950.00

  	
   

  	
  $

  	
  24.00

  	
   

  
	
   

  	
  2/1/07 –
  1/31/08

  	
   

  	
  $

  	
  386,875.00

  	
   

  	
  $

  	
  32,238.58

  	
   

  	
  $

  	
  25.00

  	
   

  
	
   

  	
  2/1/08 –
  7/31/09

  	
   

  	
  $

  	
  402,350.00

  	
   

  	
  $

  	
  33,529.17

  	
   

  	
  $

  	
  26.00

  	
   

  



 


plus (ii) as to Suite 4200-55:


 


	
   

  	
  RENTAL PERIOD

  	
   

  	
  TOTAL ANNUAL

  RENT

  	
   

  	
  MONTHLY PAYMENT

  	
   

  	
  RENTAL RATE/SF

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  7/1/06 – 4/30/07

  	
   

  	
  $

  	
  723,419.00

  	
   

  	
  $

  	
  60,284.92

  	
   

  	
  $

  	
  23.00

  	
   

  
	
   

  	
  5/1/07 – 4/30/08

  	
   

  	
  $

  	
  739,145.50

  	
   

  	
  $

  	
  61,595.46

  	
   

  	
  $

  	
  23.50

  	
   

  
	
   

  	
  5/1/08 – 4/30/09

  	
   

  	
  $

  	
  754,872.00

  	
   

  	
  $

  	
  62,906.00

  	
   

  	
  $

  	
  24.00

  	
   

  
	
   

  	
  5/1/09 – 7/31/09

  	
   

  	
  $

  	
  794,188.25

  	
   

  	
  $

  	
  66,182.35

  	
   

  	
  $

  	
  25.25

  	
   

  



 


(b)           For the period after
July 31, 2009, as to all of Suites 2201-55, 4201-55 and 4200-55:


 


	
   

  	
  RENTAL PERIOD

  	
   

  	
  TOTAL ANNUAL

  RENT

  	
   

  	
  MONTHLY PAYMENT

  	
   

  	
  RENTAL RATE/SF

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  8/1/09 – 4/30/10

  	
   

  	
  $

  	
  1,184,932.00

  	
   

  	
  $

  	
  98,744.33

  	
   

  	
  $

  	
  25.25

  	
   

  
	
   

  	
  5/1/10 – 4/30/11

  	
   

  	
  $

  	
  1,208,396.00

  	
   

  	
  $

  	
  100,699.67

  	
   

  	
  $

  	
  25.75

  	
   

  
	
   

  	
  5/1/11 – 4/30/12

  	
   

  	
  $

  	
  1,231,860.00

  	
   

  	
  $

  	
  102,655.00

  	
   

  	
  $

  	
  26.25

  	
   

  
	
   

  	
  5/1/12 – 4/30/13

  	
   

  	
  $

  	
  1,267,056.00

  	
   

  	
  $

  	
  105,588.00

  	
   

  	
  $

  	
  27.00

  	
   

  
	
   

  	
  5/1/13 – 4/30/14

  	
   

  	
  $

  	
  1,325,716.00

  	
   

  	
  $

  	
  110,476.33

  	
   

  	
  $

  	
  28.25

  	
   

  
	
   

  	
  5/1/14 – 4/30/15

  	
   

  	
  $

  	
  1,384,376.00

  	
   

  	
  $

  	
  115,364.67

  	
   

  	
  $

  	
  29.50

  	
   

  
	
   

  	
  5/1/15 – 4/30/16

  	
   

  	
  $

  	
  1,419,572.00

  	
   

  	
  $

  	
  118,297.67

  	
   

  	
  $

  	
  30.25

  	
   

  



 


21

















 


As to Suite 2200-55:


 


	
   

  	
  RENTAL PERIOD

  	
   

  	
  TOTAL ANNUAL

  RENT

  	
   

  	
  MONTHLY PAYMENT

  	
   

  	
  RENTAL RATE/SF

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  6/1/06 – 4/30/07

  	
   

  	
  $

  	
  140,415.00

  	
   

  	
  $

  	
  11,787.50

  	
   

  	
  $

  	
  23.00

  	
   

  
	
   

  	
  5/1/07 – 4/30/08

  	
   

  	
  $

  	
  144,525.00

  	
   

  	
  $

  	
  12,043.75

  	
   

  	
  $

  	
  23.50

  	
   

  
	
   

  	
  5/1/08 – 4/30/09

  	
   

  	
  $

  	
  147,600.00

  	
   

  	
  $

  	
  12,300.00

  	
   

  	
  $

  	
  24.00

  	
   

  
	
   

  	
  5/1/09 – 4/30/10

  	
   

  	
  $

  	
  155,287.50

  	
   

  	
  $

  	
  12,940.63

  	
   

  	
  $

  	
  25.25

  	
   

  
	
   

  	
  5/1/10 – 4/30/11

  	
   

  	
  $

  	
  158,362.50

  	
   

  	
  $

  	
  13,196.88

  	
   

  	
  $

  	
  25.75

  	
   

  
	
   

  	
  5/1/11 – 4/30/12

  	
   

  	
  $

  	
  161,437.50

  	
   

  	
  $

  	
  13,453.13

  	
   

  	
  $

  	
  26.25

  	
   

  
	
   

  	
  5/1/12 – 4/30/13

  	
   

  	
  $

  	
  166,050.00

  	
   

  	
  $

  	
  13,837.50

  	
   

  	
  $

  	
  27.00

  	
   

  
	
   

  	
  5/1/13 – 4/30/14

  	
   

  	
  $

  	
  173,737.50

  	
   

  	
  $

  	
  14,478.13

  	
   

  	
  $

  	
  28.25

  	
   

  
	
   

  	
  5/1/14 – 4/30/15

  	
   

  	
  $

  	
  181,425.00

  	
   

  	
  $

  	
  15,118.75

  	
   

  	
  $

  	
  29.50

  	
   

  
	
   

  	
  5/1/15 – 4/30/16

  	
   

  	
  $

  	
  186,037.50

  	
   

  	
  $

  	
  15,503.13

  	
   

  	
  $

  	
  30.25

  	
   

  



 


As to Suite 3000-55:


 


	
   

  	
  RENTAL PERIOD

  	
   

  	
  TOTAL ANNUAL

  RENT

  	
   

  	
  MONTHLY PAYMENT

  	
   

  	
  RENTAL RATE/SF

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Through 
  4/30/08

  	
   

  	
  $

  	
  780,494.00

  	
   

  	
  $

  	
  65,041.17

  	
   

  	
  $

  	
  26.00

  	
   

  
	
   

  	
  5/1/08 – 4/30/09

  	
   

  	
  $

  	
  810,513.00

  	
   

  	
  $

  	
  67,542.75

  	
   

  	
  $

  	
  27.00

  	
   

  
	
   

  	
  5/1/09 – 4/30/10

  	
   

  	
  $

  	
  825,522.50

  	
   

  	
  $

  	
  68,793.54

  	
   

  	
  $

  	
  27.50

  	
   

  
	
   

  	
  5/1/10 – 4/30/11

  	
   

  	
  $

  	
  840,532.00

  	
   

  	
  $

  	
  70,044.33

  	
   

  	
  $

  	
  28.00

  	
   

  
	
   

  	
  5/1/11 - 4/30/12

  	
   

  	
  $

  	
  900,570.00

  	
   

  	
  $

  	
  75,047.50

  	
   

  	
  $

  	
  30.00

  	
   

  
	
   

  	
  5/1/12– 4/30/13

  	
   

  	
  $

  	
  945,598.50

  	
   

  	
  $

  	
  78,799.88

  	
   

  	
  $

  	
  31.50

  	
   

  
	
   

  	
  5/1/13– 4/30/14

  	
   

  	
  $

  	
  975,617.50

  	
   

  	
  $

  	
  81,301.46

  	
   

  	
  $

  	
  32.50

  	
   

  
	
   

  	
  5/1/14– 4/30/15

  	
   

  	
  $

  	
  1,035,655.50

  	
   

  	
  $

  	
  83,304.63

  	
   

  	
  $

  	
  34.50

  	
   

  
	
   

  	
  5/1/15– 4/30/16

  	
   

  	
  $

  	
  1,065,674.50

  	
   

  	
  $

  	
  88,806.21

  	
   

  	
  $

  	
  35.50

  	
   

  



 


As to Suite 4600-45


 


	
   

  	
  RENTAL PERIOD

  	
   

  	
  TOTAL ANNUAL

  RENT

  	
   

  	
  MONTHLY PAYMENT

  	
   

  	
  RENTAL RATE/SF

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Through 
  4/30/09

  	
   

  	
  $

  	
  819,311.25

  	
   

  	
  $

  	
  68,275.94

  	
   

  	
  $

  	
  32.25

  	
   

  
	
   

  	
  5/1/09 – 4/30/10

  	
   

  	
  $

  	
  844,716.25

  	
   

  	
  $

  	
  70,393.02

  	
   

  	
  $

  	
  33.25

  	
   

  
	
   

  	
  5/1/10 – 4/30/11

  	
   

  	
  $

  	
  870,121.25

  	
   

  	
  $

  	
  72,510.10

  	
   

  	
  $

  	
  34.25

  	
   

  
	
   

  	
  5/1/11 – 4/30/12

  	
   

  	
  $

  	
  895,526.25

  	
   

  	
  $

  	
  74,627.19

  	
   

  	
  $

  	
  35.25

  	
   

  
	
   

  	
  5/1/12 - 4/30/13

  	
   

  	
  $

  	
  920,931.25

  	
   

  	
  $

  	
  76,744.27

  	
   

  	
  $

  	
  36.25

  	
   

  
	
   

  	
  5/1/13– 4/30/14

  	
   

  	
  $

  	
  946,336.25

  	
   

  	
  $

  	
  78,861.35

  	
   

  	
  $

  	
  37.25

  	
   

  
	
   

  	
  5/1/14– 4/30/15

  	
   

  	
  $

  	
  971,741.25

  	
   

  	
  $

  	
  80,978.44

  	
   

  	
  $

  	
  38.25

  	
   

  
	
   

  	
  5/1/15– 4/30/16

  	
   

  	
  $

  	
  997,146.25

  	
   

  	
  $

  	
  83,095.52

  	
   

  	
  $

  	
  39.25

  	
   

  



 


22

















 


As to Suite 1000-55


 


	
   

  	
  RENTAL PERIOD

  	
   

  	
  TOTAL ANNUAL

  RENT

  	
   

  	
  MONTHLY PAYMENT

  	
   

  	
  RENTAL RATE/SF

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Through 
  4/30/08

  	
   

  	
  $

  	
  266,024.16

  	
   

  	
  $

  	
  22,168.68

  	
   

  	
  N/A

  	
   

  
	
   

  	
  5/1/08 – 4/30/09

  	
   

  	
  $

  	
  346,161.00

  	
   

  	
  $

  	
  28,846.75

  	
   

  	
  $

  	
  28.50

  	
   

  
	
   

  	
  5/1/09 – 4/30/10

  	
   

  	
  $

  	
  352,234.00

  	
   

  	
  $

  	
  29,352.83

  	
   

  	
  $

  	
  29.00

  	
   

  
	
   

  	
  5/1/10 – 4/30/11

  	
   

  	
  $

  	
  358,307.00

  	
   

  	
  $

  	
  29,858.92

  	
   

  	
  $

  	
  29.50

  	
   

  
	
   

  	
  5/1/11 – 4/30/12

  	
   

  	
  $

  	
  364,380.00

  	
   

  	
  $

  	
  30,365.00

  	
   

  	
  $

  	
  30.00

  	
   

  
	
   

  	
  5/1/12 - 4/30/13

  	
   

  	
  $

  	
  370,453.00

  	
   

  	
  $

  	
  30,871.08

  	
   

  	
  $

  	
  30.50

  	
   

  
	
   

  	
  5/1/13– 4/30/14

  	
   

  	
  $

  	
  376,526.00

  	
   

  	
  $

  	
  31,377.17

  	
   

  	
  $

  	
  31.00

  	
   

  
	
   

  	
  5/1/14– 4/30/15

  	
   

  	
  $

  	
  382,599.00

  	
   

  	
  $

  	
  31,883.25

  	
   

  	
  $

  	
  31.50

  	
   

  
	
   

  	
  5/1/15– 4/30/16

  	
   

  	
  $

  	
  388,672.00

  	
   

  	
  $

  	
  32,389.33

  	
   

  	
  $

  	
  32.00

  	
   

  



 


As to Suites 3200-55 and 3201-55


 


	
   

  	
  RENTAL PERIOD

  	
   

  	
  TOTAL ANNUAL

  RENT

  	
   

  	
  MONTHLY PAYMENT

  	
   

  	
  RENTAL RATE/SF

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Through 
  4/30/09

  	
   

  	
  $

  	
  338,463.75

  	
   

  	
  $

  	
  28,205.31

  	
   

  	
  $

  	
  32.25

  	
   

  
	
   

  	
  5/1/09 – 4/30/10

  	
   

  	
  $

  	
  348,958.75

  	
   

  	
  $

  	
  29,079.90

  	
   

  	
  $

  	
  33.25

  	
   

  
	
   

  	
  5/1/10 – 4/30/11

  	
   

  	
  $

  	
  364,701.25

  	
   

  	
  $

  	
  30,391.77

  	
   

  	
  $

  	
  34.25

  	
   

  
	
   

  	
  5/1/11 – 4/30/12

  	
   

  	
  $

  	
  369,948.75

  	
   

  	
  $

  	
  30,829.06

  	
   

  	
  $

  	
  35.25

  	
   

  
	
   

  	
  5/1/12 – 4/30/13

  	
   

  	
  $

  	
  380,443.75

  	
   

  	
  $

  	
  31,703.65

  	
   

  	
  $

  	
  36.25

  	
   

  
	
   

  	
  5/1/13 – 4/30/14

  	
   

  	
  $

  	
  390,938.75

  	
   

  	
  $

  	
  32,578.23

  	
   

  	
  $

  	
  37.25

  	
   

  
	
   

  	
  5/1/14 – 4/30/15

  	
   

  	
  $

  	
  401,433.75

  	
   

  	
  $

  	
  33,452.81

  	
   

  	
  $

  	
  38.25

  	
   

  
	
   

  	
  5/1/15 – 4/30/16

  	
   

  	
  $

  	
  411,928.75

  	
   

  	
  $

  	
  34,327.40

  	
   

  	
  $

  	
  39.25

  	
   

  



 


As to Suites 2600-45 and 2800-45


 


	
   

  	
  RENTAL PERIOD

  	
   

  	
  TOTAL ANNUAL

  RENT

  	
   

  	
  MONTHLY PAYMENT

  	
   

  	
  RENTAL RATE/SF

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Through 4/30/09

  	
   

  	
  $

  	
  190,081.50

  	
   

  	
  $

  	
  15,840.13

  	
   

  	
  $

  	
  32.25

  	
   

  
	
   

  	
  5/1/09 – 4/30/10

  	
   

  	
  $

  	
  195,975.50

  	
   

  	
  $

  	
  16,331.25

  	
   

  	
  $

  	
  33.25

  	
   

  
	
   

  	
  5/1/10 – 4/30/11

  	
   

  	
  $

  	
  201,869.50

  	
   

  	
  $

  	
  16,822.46

  	
   

  	
  $

  	
  34.25

  	
   

  
	
   

  	
  5/1/11 – 4/30/12

  	
   

  	
  $

  	
  207,763.50

  	
   

  	
  $

  	
  17,313.63

  	
   

  	
  $

  	
  35.25

  	
   

  
	
   

  	
  5/1/12 – 4/30/13

  	
   

  	
  $

  	
  213,657.50

  	
   

  	
  $

  	
  17,804.79

  	
   

  	
  $

  	
  36.25

  	
   

  
	
   

  	
  5/1/13 – 4/30/14

  	
   

  	
  $

  	
  219,551.50

  	
   

  	
  $

  	
  18,295.96

  	
   

  	
  $

  	
  37.25

  	
   

  
	
   

  	
  5/1/14 – 4/30/15

  	
   

  	
  $

  	
  225,445.50

  	
   

  	
  $

  	
  18,787.13

  	
   

  	
  $

  	
  38.25

  	
   

  
	
   

  	
  5/1/15 – 4/30/16

  	
   

  	
  $

  	
  231,339.50

  	
   

  	
  $

  	
  19,278.29

  	
   

  	
  $

  	
  39.25

  	
   

  



 


23

















 


As to Suites 2100-45 and 2100-55


 


	
   

  	
  RENTAL PERIOD

  	
   

  	
  TOTAL ANNUAL

  RENT

  	
   

  	
  MONTHLY PAYMENT

  	
   

  	
  RENTAL RATE/SF

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Through 4/30/09

  	
   

  	
  $

  	
  454,467.00

  	
   

  	
  $

  	
  37,872.25

  	
   

  	
  $

  	
  32.25

  	
   

  
	
   

  	
  5/1/09 – 4/30/10

  	
   

  	
  $

  	
  468,559.00

  	
   

  	
  $

  	
  39,046.58

  	
   

  	
  $

  	
  33.25

  	
   

  
	
   

  	
  5/1/10 – 4/30/11

  	
   

  	
  $

  	
  482,651.00

  	
   

  	
  $

  	
  40,220.91

  	
   

  	
  $

  	
  34.25

  	
   

  
	
   

  	
  5/1/11 – 4/30/12

  	
   

  	
  $

  	
  496,743.00

  	
   

  	
  $

  	
  41,395.25

  	
   

  	
  $

  	
  35.25

  	
   

  
	
   

  	
  5/1/12 – 4/30/13

  	
   

  	
  $

  	
  510,835.00

  	
   

  	
  $

  	
  42,569.58

  	
   

  	
  $

  	
  36.25

  	
   

  
	
   

  	
  5/1/13 – 4/30/14

  	
   

  	
  $

  	
  524,927.00

  	
   

  	
  $

  	
  43,743.91

  	
   

  	
  $

  	
  37.25

  	
   

  
	
   

  	
  5/1/14 – 4/30/15

  	
   

  	
  $

  	
  539,019.00

  	
   

  	
  $

  	
  44,918.25

  	
   

  	
  $

  	
  38.25

  	
   

  
	
   

  	
  5/1/15 – 4/30/16

  	
   

  	
  $

  	
  553,111.00

  	
   

  	
  $

  	
  46,092.33

  	
   

  	
  $

  	
  39.25

  	
   

  



 


24