EXHIBIT 10.44


 


EIGHTH AMENDMENT TO LEASE


 


THIS EIGHTH AMENDMENT TO LEASE (this “Eighth Amendment”) is made as of
the 18th day of November, 2008 (the “Eighth 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       ,
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 131,143 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 and 3201-55; 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 3,089 rentable square feet of space, known as Suite 2600-45,
on the second floor of the Building (the “FCG Space”) and 2,805 rentable square
feet of space, known as Suite 2800-45, on the second floor of the Building
(the “Summit Space;” the FCG Space and the Summit Space are collectively
referred to as the “Eighth Amendment Expansion 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 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 Eighth 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 Eighth 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 Eighth Amendment.


 


2.             Additional
Terms and Definitions. (a) From and after the Eighth 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; and
  (x) Suite 2800-45 on the second floor of the 45 Hayden Avenue
  portion of the Building. All such spaces are shown on Exhibit A-8,
  attached hereto and incorporated herein.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  RENTABLE FLOOR AREA OF THE PREMISES:

  	
   

  	
  Approximately 137,037 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 4201-55 and 31,453
  rentable square feet on the fourth floor of the Building contained in Suite 4200-

  



 


2

















 


	
   

  	
   

  	
   

  	
  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;
  and (x) 2,805 rentable square feet on the second floor of the Building
  contained in Suite 2800-45.

  



 


(b)           From after the Eighth Amendment Effective Date, the term “Annual
Rent” for the Premises shall be as set on Schedule I to this Eighth
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 Eighth Amendment
Expansion 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 Eighth
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 “Eighth Amendment Effective Date”
shall be the later to occur of (i) February 1, 2009 and (ii) the
date on which First Consulting Group (the “Existing Tenant”) vacates and
surrenders the FCG Space and Landlord delivers possession of the Eighth
Amendment Expansion Space to Tenant. Landlord represents that the Summit Space
is currently vacant.


 


(b)           Tenant acknowledges that, except as
explicitly provided in this Eighth Amendment and the Lease, it is leasing the
Eighth Amendment Expansion 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 Tenant’s knowledge (upon reasonable investigation and inquiry), the
Existing Premises and the Eighth Amendment Expansion 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 


 


3

















 


the Eighth Amendment Expansion 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 Eighth
Amendment Expansion Space to make the same more
suitable for Tenant’s occupancy. Such alterations or improvements may include
tenant improvements to the Eighth Amendment Expansion Space, installation of fixtures in the Eighth
Amendment Expansion Space, and architectural
and engineering expenses in connection therewith (collectively, the “Eighth
Amendment Expansion Space Improvements”). All Eighth
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 Eighth
Amendment Expansion Space Improvements shall be
deemed substantially complete on that date on which the Eighth Amendment
Expansion 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 Eighth Amendment Expansion Space, or any part thereof, without causing
undue interference with Tenant’s use of the Eighth Amendment Expansion 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 Eighth Amendment Expansion 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 Eighth Amendment Expansion Space Improvements, but in no event shall Landlord be
obligated to reimburse Tenant more than the lesser of (x) such actual
cost, or (y) One Hundred Forty-seven Thousand Three Hundred Fifty
Dollars ($147,350.00), or $25.00 per square foot of Rentable Area in the Eighth
Amendment Expansion Space (the “Eighth Amendment Expansion Space Improvements
Allowance”). No portion of the Eighth
Amendment Expansion Space Improvements
Allowance may be applied to costs of purchasing or installing furniture or
wiring/cabling for the Eighth Amendment Expansion Space. If the Existing Tenant vacates and surrenders
possession of the FCG Space prior to January 31, 2009, Landlord shall
grant Tenant reasonable access to the FCG Space from and after such surrender
(and the Existing Tenant vacating the FCG Space) for the purpose of commencing
the Eighth Amendment Expansion Space Improvements
in the FCG Space. From and after the date hereof, Tenant shall have reasonable
access to the Summit Space for the purpose of commencing the Eighth
Amendment Expansion Space Improvements in the
Summit Space. To the extent that Tenant has not requested disbursement of any
portion of the Eighth Amendment Expansion Space Improvements 


 


4

















 


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 Eighth Amendment Expansion Space
Improvements Allowance, then Tenant shall have the right to use any remaining
portion thereof 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 from the
Eighth Amendment Expansion Space Improvements Allowance.


 


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


 


(a)          Replacing
“three hundred ninety-three (393)” with “four hundred eleven (411);” and


 


(b)          Replacing
“131,143” with “137,037.”


 


7.             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 Eighth 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.


 


8.             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 or A-6
shall be replaced by references to Exhibit A-8.


 


9.             Successors.  This Eighth 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.


 


10.           Authority.  Each party represents and warrants to the
other that each person executing this Eighth 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 Eighth Amendment.


 


11.           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 Eighth Amendment, is hereby ratified
and confirmed.


 


5

















 


12.           Tenant
Representations. As a material inducement to Landlord entering into this
Eighth 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 Eighth 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.


 


13.           Landlord
Representations.  As a material
inducement to Tenant entering into this Eighth 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 Eighth
Amendment; and (iv) Landlord has the right to lease the Eighth Amendment Expansion
Space, as provided herein, to Tenant.


 


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


 


15.           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.


 


6

















 


16.           Counterparts.
This Eighth 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/ Heather L. Hohenthal

  
	
   

  	
   

  	
  Officer:
  Regional Director

  
	
   

  	
   

  
	
   

  	
   

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

  
	
   

  
	
   

  
	
   

  	
  By:

  	
    /s/ Heather L. Hohenthal

  
	
   

  	
   

  	
  Officer:
  Regional Director

  
	
   

  
	
   

  
	
   

  	
   

  	
   

  	
  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














 


SCHEDULE I TO EIGHTH 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

  	
   

  



 


19

















 


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

  	
   

  



 


20

















 


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

  	
   

  



 


21