Exhibit 10.59
 OFFICE LEASE
 701 GATEWAY
 BROADWAY
701 GATEWAY FEE LLC,
 A DELAWARE LIMITED LIABILITY COMPANY,
 as Landlord,
 and
 OXIGENE,
INC.
 a Delaware corporation,
 (NASDAQ Listing Symbol: OXGN)
 as Tenant.




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OFFICE LEASE
 Lease Section 1 Summary), (Landlord), (Tenant).
 SUMMARY OF BASIC LEASE INFORMATION
 TERMS OF LEASE
    
    DESCRIPTION1.
    
    Date:
    
    October 10, 20082.
    
    Building:
    
    That certain office building having an address
of 701 Gateway Boulevard, South San Francisco,
California, and as further set forth in
Section 1.1.2 of this Lease.3.
    
    Premises:
    
    The Premises shall consist of the Initial
Premises and, upon the satisfaction of the
conditions set forth in Section 2.3, below,
the Initial Premises and the Must Take
Premises (as such terms are defined below).The Initial Premises shall mean
approximately 7,038 rentable square feet of
space located on the second (2nd)
floor of the Building and commonly known as
Suite 210 in the configuration depicted in
Exhibit A.The Must Take Premises shall mean
approximately 5,275 rentable square feet of
space located on the second (2nd)
floor of the Building, adjacent to the Initial
Premises, and commonly known as Suite 270 in
the configuration depicted in Exhibit A.4.
    
    Project:
    
    The Building is part of an office project
currently known as 701 Gateway.5.
    
    Lease Term:
    
    Approximately Fifty Two (52) months.6.
    
    Lease Commencement Date:
    
    The earlier to occur of (i) the date upon
which Tenant first commences to conduct
business in the Initial Premises, and (ii) the
date upon which Landlords Work in the
Initial Premises has been Substantially
Completed (defined in Exhibit C) and physical
possession of the Initial Premises have been
delivered to Tenant in accordance with the
Work Letter.7.
    
    Must Take Commencement Date:
    
    The earlier to occur of (i) the date upon
which Tenant first commences to conduct
business in the Must Take Premises, and (ii)
the date upon which Landlords Work in the
Must Take Premises has been Substantially
Completed (defined in Exhibit C) and physical
possession of the Must Take Premises has been
delivered to Tenant in accordance with the
terms and conditions of the Work Letter;
provided that the Must Take Commencement Date
shall not occur prior to January 1, 2009
unless Tenant in its sole discretion, elects
to accept delivery of the Must Take Premises
from Landlord prior to such date.8.
    
    Expiration Date:
    
    The fourth (4th) anniversary of the
Must Take Commencement Date, but in no event
later than April 30,
2013.9.
    
    Options to Extend:
    
    None.
 i




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Approximate AnnualLease Year
    
    Annual Base Rent
    
    Monthly Base Rent
    
    Rate per RSF1
(First Lease Year
    
    $274,482.00
    
    $22,873.50
    
    $39.002
    
    $282,716.52
    
    $23,559.71
    
    $40.173
    
    $291,198.00
    
    $24,266.50
    
    $41.384
    
    $299,934.00
    
    $24,994.50
    
    $42.62Months 49
through
Expiration
Date
    
    $308,932.08
    
    $25,744.34
    
    $43.90
  Approximate AnnualLease Year
    
    Annual Base Rent
    
    Monthly Base Rent
    
    Rate per RSFMust Take
Commencement
Date through end of
First Lease Year
    
    $205,725.00*
    
    $17,143.75
    
    $39.002
    
    $211,896.72
    
    $17,658.06
    
    $40.173
    
    $218,253.60
    
    $18,187.80
    
    $41.384
    
    $224,801.16
    
    $18,733.43
    
    $42.62Months 49 through
Expiration Date
    
    $231,545.16
    
    $19,295.43
    
    $43.90
 
 *
    
    Annual Base Rent for the Must Take Premises from the Must Take Commencement Date
through the end of the First Lease Year shall be prorated. 11.
    
    Rent Payment Address:
    
    Broadway 701 Gateway Fee LLC
PO Box 934273
Atlanta, Georgia 31193-427312.
    
    Base Year:
    
    Calendar year 2009.13.
    
    Permitted Use.
    
    General office use, so long as such use is
consistent with all applicable Laws and with
the character of a first class office
building (the Permitted Use).14.
    
    Letter of
Credit/Security Deposit
Amount:
    
    $86,079.5415.
    
    Parking Passes:
    
    Twenty four (24) for the Initial Premises
and seventeen (17) for the Must Take
Premises.16.
    
    Address of Tenant:
    
    OXiGENE, Inc.
230 Third Avenue
Waltham, MA 02451
Attention: Chief Financial Officer17.
    
    Landlords Address:
    
    Broadway 701 Gateway Fee LLC
c/o Broadway Partners
375 Park Avenue, 29th Floor
New York, New York 10152
Attention: National Leasing Counsel
 ii




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AndBroadway 701 Gateway Fee LLC c/o Broadway Partners 375 Park Avenue, 29th Floor New York, New York 10152
Attention: Asset ManagerAndFriedman & Solomon LLP 9665 Wilshire Boulevard, Suite 810
Beverly Hills, California 90212 Attention: Robert E.
Solomon, Esq.18.
    
    Broker(s):Landlord Broker:
NAI BT Commercial
1350 Bayshore Highway, Suite 900
Burlingame, California 94010Tenant Broker:
Cornish and Carey
901 Mariners Island Boulevard, Suite 125
San Mateo, California 9440419.
    
    Improvement Allowance:
    
    Two Hundred Forty Four Thousand Two Hundred Eighty Seven
Dollars ($244,287.00).
 iii




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ARTICLE 1  PREMISES, BUILDING, PROJECT, AND COMMON AREAS
 1.1 The Premises . Premises) Section 3 Summary Exhibit A Section Exhibit A Section 1.2, Section
1.3, Section 1.2, Exhibit C Work Letter),
 Estimated Initial Premises Delivery
Date), Initial Premises Rent Credit Date) Estimated Must Take Premises Delivery Date),
 1




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1.2 The Building and The Project Section 2 Building). Project 
 1.3 Common Areas . Exhibit
D Common
Areas
 ARTICLE 2  LEASE TERM/MUST TAKE PREMISES
 2.1 Lease Term . Lease Term) Section
5 Commencement Date), Section 8 Expiration Date Lease Year
 2.2 Delay in Commencement Date . Estimated Commencement Date
 2.3 Must Take Premises . Section 2.3 Must Take Commencement Date Existing Tenant Existing Lease Section 1.1 Section 2.3
 2




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Section 10.2 Section 1.6 Exhibit B
 2.4 Commencement Date Memoranda .
 2.5 Pre-Term Possession . Tenants Work
 ARTICLE 3  BASE RENT
 Section 11 (Base Rent) Section 10 Section 10 st Section
29.25, Article 3 Article 3 th
 ARTICLE 4  ADDITIONAL RENT
 Article 3 Exhibit B Exhibit B Exhibit B Exhibit B Exhibit B Additional Rent Rent. Article 4 Article 4
 ARTICLE 5  USE OF PREMISES
 5.1 Permitted Use Section 13
 3




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Exhibit D. Law(s) Article 5
 5.2 Hazardous Substances Tenants Agents)
 ARTICLE 6  SERVICES AND UTILITIES
 6.1 Standard Tenant Services .
 (HVAC) Building Hours), Holidays). (Overtime
Periods),
     4




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6.2 Overstandard Tenant Use Section 6.1
 6.3 Interruption of Use Article 6 Eligibility Period (Unusable Area
 ARTICLE 7  REPAIRS
 7.1 Tenants Obligations . Section
7.2 Article 11 Article 13 Article 8
 5




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Article 8
 7.2 Landlords Obligations . Article 11 Article 13 Section 7.1 Building
Systems Section 7.2 Article 11
 ARTICLE 8  ADDITIONS AND ALTERATIONS
 8.1 Landlords Consent to Alterations . Alterations) Article 8
 8.2 Manner of Construction .
 6




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Base Building Article 9
 8.3 Payment for Improvements .
 8.4 Construction Insurance . Article 10 Article 10
 8.5 Supplemental HVAC Installations .
 8.6 Federal Visual Artists Rights Act of 1990 .
 7




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ARTICLE 9  COVENANT AGAINST LIENS
 Tenants Property) Equipment Lienor),
 ARTICLE 10  INDEMNIFICATION AND INSURANCE
 10.1 Indemnification and Waiver . Landlord Parties) Section 10.5 Claims) Section 10.3 Section 10.1
 10.2 Tenants Compliance With Landlords Fire and Casualty Insurance .
 8




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10.3 Tenants Insurance .
  Bodily Injury and
    
    $3,000,000 each occurrence
    
    Personal Injury
    
    $3,000,000 each occurrenceProperty Damage 
Liability
    
    $5,000,000 annual aggregate
    
    Liability
    
    $5,000,000 annual aggregate
    0% Insureds participation
 Original
Improvements).
    10.4 Form of Policies . Section 10.1 Article 10
 10.5 Subrogation .
 9




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10.6 Additional Insurance Obligations . Article 10
 10.7 Landlords Insurance . Landlords Property Policy),
 ARTICLE 11  DAMAGE AND DESTRUCTION
 11.1 Repair of Damage to Premises by Landlord . (Casualty). Article 11 Landlord
Repair Notice) Section 10.3
 11.2 Landlords Option to Repair . Section 11.1
 10




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11.3 Tenants Termination Right . Repair Period), Damage Notice) Article 11 (Damage Termination Notice)
 11.4 Waiver of Statutory Provisions . Article 11 Article 11
 ARTICLE 12  NONWAIVER
  ARTICLE 13  CONDEMNATION
  11




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Article 13
 ARTICLE 14  ASSIGNMENT AND SUBLETTING
 14.1 Transfers . Article
14, Article 14 Transfers Transferee). Transfer
Notice) Subject Space), Section 14.3 Transfer Review Fees), Transfer Premium
 14.2 Landlords Consent .
 14.3 Transfer Premium . Section 14.3. Transfer Premium
 12




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Section 14.3 Transferees
Rent
 14.4 Landlords Option as to Recapture Space . Article 14,
 14.5 Effect of Transfer .
 14.6 Additional Transfers . Transfer Control Control
 14.7 Permitted Transfers . Article 14 Permitted
Transfer) Affiliate), Article 14, Section 14.7
 14.8 Occurrence of Default . Article 14
 13




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14.9 Transfer Taxes .
 14.10 Additional Occupants . Permitted Occupant Permitted Occupants
 ARTICLE 15  SURRENDER OF PREMISES; OWNERSHIP AND REMOVAL OF TRADE FIXTURES
 15.1 Surrender of Premises .
 15.2 Removal of Tenant Property by Tenant . Article 8 Article 15,
 ARTICLE 16  HOLDING OVER
 Article 16 Sections 8.5
 14




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15.2 Article 16 Article 16
 ARTICLE 17  ESTOPPEL CERTIFICATES
  ARTICLE 18  SUBORDINATION
 18.1 Subordination . Landlord Mortgagee)
 18.2 Notice to Landlords Mortgagee .
 18.3 Landlords Mortgagees Protection Provisions .
 15




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ARTICLE 19  DEFAULTS; REMEDIES
 19.1 Defaults (Default)
  Section 19.1(b)
   Articles
5, 14, 17 18
   19.2 Remedies Upon Default .
 16




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rent Section 19.2 Article 25
  Sections 19.2(a) 19.2(b)
 19.3 Subleases of Tenant . Article 19
 19.4 Efforts to Relet .
 19.5 Landlord Default .
 17




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ARTICLE 20  COVENANT OF QUIET ENJOYMENT
  ARTICLE 21  LETTER OF CREDIT; SECURITY DEPOSIT
 Letter of Credit). LC Date)
    18




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Security Deposit)
  ARTICLE 22  SUBSTITUTION OF OTHER PREMISES
 Substitute Premises Relocation Allowance provided that,
 ARTICLE 23  SIGNS
  19




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ARTICLE 24  COMPLIANCE WITH LAW
  ARTICLE 25  LATE CHARGES
 Default Rate)
 ARTICLE 26  LANDLORDS RIGHT TO CURE DEFAULT; PAYMENTS BY TENANT
 26.1 Landlords Cure . Section 19.1(b)
 26.2 Tenants Reimbursement . Section 26.1 Article 10 Section 26.2
 ARTICLE 27  ENTRY BY LANDLORD; CONFIDENTIALITY
 27.1 Entry Rights .
 20




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Article
27
 27.2 Confidentiality . Confidential
Information)
 ARTICLE 28  TENANT PARKING
 28.1 Tenant Parking . Section 15
 28.2 Other Terms .
 21




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28.3 Parking Procedures .
 ARTICLE 29  MISCELLANEOUS PROVISIONS
 29.1 Terms; Captions . Landlord Tenant
 29.2 Binding Effect . Article 14
 29.3 No Air Rights .
 29.4 Modification of Lease .
 29.5 Transfer of Landlords Interest .
 29.6 Prohibition Against Recording .
 29.7 Landlords Title .
 29.8 Relationship of Parties .
 29.9 Application of Payments .
 22




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29.10 Time of Essence .
 29.11 Partial Invalidity .
 29.12 No Warranty .
 29.13 Landlord Exculpation .
 29.14 Entire Agreement .
 29.15 Right to Lease .
 29.16 Force Majeure . Articles 5 24 Force Majeure
 29.17 Waiver of Redemption by Tenant .
 29.18 Notices . Notices Mail
 23




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29.19 Joint and Several .
 29.20 Authority .
 29.21 Attorneys Fees .
 29.22 Governing Law; WAIVER OF TRIAL BY JURY .
 29.23 Submission of Lease .
 29.24 Brokers . Brokers),
 29.25 Independent Covenants .
 29.26 Project or Building Name and Signage .
 24




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29.27 Counterparts .
 29.28 Confidentiality .
 29.29 Transportation Management .
 29.30 No Violation .
 29.31 Communications and Computer Lines . Lines) Articles 7 8
 29.32 Construction of Project and Other Improvements . Renovations
 29.33 Prohibited Persons and Transactions . (OFAC)
 29.34 Limitation on Remedies .
 25




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29.35 Reasonable Efforts . reasonable efforts
 29.36 Roof Mounted Communication Devices . (Satellite Device)
      (Roof Repairs),
    26




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ARTICLE 30  STATE LAW PROVISIONS
 30.1 Taxes
 (Proposition 13)
 Section 1.5 Exhibit B Section 30.1 Exhibit B
 30.2
Waiver of Statutory Provisions.
      30.3 Alterations .
 30.4 Remedies .
 30.5 Conflicts .
 27




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LANDLORDBROADWAY 701 GATEWAY FEE LLC, a Delaware limited
liability companyBy:
Name:
Its:
    
    /s/ JASON P. SEMMEL

JASON P. SEMMEL

AUTHORIZED SIGNATORYTENANTOXIGENE, INC., a Delaware corporationBy:
    
    /s/ JAMES MURPHYName:
    
    JAMES MURPHYIts:
    
    VP + CFO
 28




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A-1




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EXHIBIT
B  ADDITIONAL RENT DEFINED
 1. Definitions of Key Terms Relating to Additional
Rent . Exhibit B
 1.1 Base Year Section 12
 1.2 Direct Expenses
 1.3  Expense Year 
 1.4  Operating Expenses  Tax Expenses
 B-1




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Operational Entity),
  New Services),
 l.5 Taxes. Tax Expenses
 B-2




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Section 1.4
 1.6  Tenants Share
 2. Allocation of Direct Expenses .
 3. Calculation and Payment of Additional Rent .
 4. Statement of Actual Direct Expenses and Payment by Tenant . Exhibit B .
 B-3




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5. Statement of Estimated Direct Expenses. Exhibit B
 6. Taxes and Other Charges for Which Tenant Is Directly Responsible.
   7. Tenants Audit Rights. Review
Period Independent Accountant
 B-4




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EXHIBIT C
 WORK LETTER
 1. TENANT IMPROVEMENTS. (Initial Tenant
Improvements) Schedule 1 Phase 1 Plans (Must Take Tenant Improvements) Schedule 2 Phase Plans Tenant Improvements, Landlords Work Plans, Design Package Standards
 2. CONSTRUCTION OF TENANT IMPROVEMENTS. Section 1.1
 3. SUBSTANTIAL COMPLETION; DELIVERY OF POSSESSION.
 (a) Substantial Completion; Punch-List. substantially completed
 C-1




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(b) Delivery of Possession. Section 2.5 Section 1.1 Section 1.1
 4. TENANT DELAYS. Tenant Delays
 5. FORCE MAJEURE DELAYS. Force Majeure Delays Section 1.1
 6.
ALLOCATION OF COSTS; IMPROVEMENT ALLOWANCE. Improvement Allowance Excess Tenant Improvement Costs Work Cost Work Cost Estimate Work Cost Statement
 C-2




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SCHEDULE 1  to  EXHIBIT C
 PLANS AND SPECIFICATIONS FOR INITIAL TENANT IMPROVEMENTS
 1.
    
    Paint all interior walls of Initial Premises which are currently painted with one-coat of building standard paint.2.
    
    Upgrade the existing walls of the copyroom/storage area to a fire-rated condition, including one (1) door/frame.3.
    
    Provide Building standard lock sets and keys on all new office doors.4.
    
    Provide Building standard fire extinguishers per building code.
 C-3




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SCHEDULE 2toEXHIBIT C
 GENERAL DESCRIPTION OF MUST TAKE TENANT IMPROVEMENTS
 1.
    
    Demise the Must Take Premises and construct eight (8) interior offices, network wiring
cutouts/pull strings, receptacles, lighting in all the constructed offices to match existing offices in the premise
therein as well as in accordance with the plan attached as Exhibit 1 to this Schedule 2.2.
    
    Construct a wall in the open area along the windows, install door/frame and sidelight, and
relocate the electrical switches therein as well as in accordance with the plan attached as Exhibit 1 to this Schedule 2.3.
    
    Upgrade the existing walls of the server room to a fire-rated condition, including one (1) 20
minute rated Maple door and aluminum frame.4.
    
    Furnish and Install Herculite style door from lobby to the Must Take Premises therein as well
as in accordance with the plan attached as Exhibit 1 to this Schedule 2.5.
    
    Concurrently cap the sprinkler systems in (a) the server closet located in the Must Take
Premises and (b) the document control/audit room located in the Initial Premises, and add portable FM200 Fire
Suppression Systems (or reasonably acceptable alternatives thereto) within such areas.6.
    
    Install building standard carpet with coloring that matches the Initial Premises throughout
the Must Take Premises, other than where the existing VCT flooring is located on the break-room, copy-room and
storage-room (which existing VCT Flooring shall remain in place).7.
    
    Patch and paint all interior walls of the Must Take Premises with two coats of one color of
building standard paint to match Initial Premise, other than in the reception area.8.
    
    Patch and repair demo scars and walls throughout the Must Take Premises.9.
    
    All millwork to remain in-place, except for area within Must Take Premises to be demolished
as part of the Tenant Improvements.10.
    
    Install standard 24 sidelights in all new offices and conference rooms within Must Take Premises.11.
    
    Provide Building standard lock sets and keys on all new office doors.12.
    
    Provide Building standard fire extinguishers per building code.13.
    
    Remove all trash and debris.
 C-1




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C-1




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EXHIBIT D  RULES AND REGULATIONS
              D-1




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NO-SMOKING
  D-2




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D-3




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EXHIBIT E
 701 GATEWAY BOULEVARD
 NOTICE OF LEASE TERM DATES
 DATE:To:
    
    
    
    
    
    Copy to:Re:
    
    Office LeaseDated:
  
 
 Lease [or Must Take] Commencement Date
    
    Lease expiration date
   By:
    
    Lease Administrators name
    
    DateLease AdministrationAgreed to and Accepted:By:
    
    
    
    DateIts:
 E-1