EX-10.1



 Exhibit 10.1 
  

			
	 [9393 Town Centre Drive/Mirati Therapeutics, Inc.]
	  	Page - 1

 FIRST AMENDMENT TO LEASE 

This First Amendment (the “Amendment”) to Lease is made as of March 23, 2017, by and
between ARE-SD REGION NO. 20, LLC, a Delaware limited liability company (“Landlord”), and MIRATI THERAPEUTICS, INC., a Delaware
corporation (“Tenant”). 
 RECITALS 

A. Landlord and Tenant have entered into that certain Lease Agreement dated as of June 24, 2014 (the
“Lease”), wherein Landlord leased to Tenant certain premises consisting of approximately 17,919 rentable square feet (the “Premises”) located at 9393 Towne Centre Drive, San Diego, California 92121 as more
particularly described therein. 
 B. The Term of the Lease expires on January 31, 2018. 

C. Landlord and Tenant desire to amend the Lease to, among other things, extend the Term of the Lease for a period of one year to expire
on January 31, 2019. 
 AGREEMENT 

Now, therefore, the parties hereto agree that the Lease is amended as follows: 

1. Base Term. The Base Term of the Lease is hereby extended to expire on January 31,
2019. 
 2. Rent. Tenant shall continue to pay Base Rent (subject to adjustment as provided in Section 4 of
the Lease), Tenant’s Share of Operating Expenses and all other costs and expenses which are the obligation of Tenant as set forth in the Lease. 

3. Miscellaneous. 

(a) This Amendment is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and
contemporaneous oral and written agreements and discussions. This Amendment may be amended only by an agreement in writing, signed by the parties hereto. 

(b) This Amendment is binding upon and shall inure to the benefit of the parties hereto, their respective agents, employees,
representatives, officers, directors, divisions, subsidiaries, affiliates, assigns, heirs, successors in interest and shareholders. 

(c) This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken
together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart
identical thereto except having additional signature pages executed by other parties to this Amendment attached thereto. 
 (d)
Landlord and Tenant each represent and warrant that it has not dealt with any broker, agent or other person (collectively “Broker”) in connection with this transaction other than Cushman & Wakefield (whose commission, if
any, shall be paid by Landlord pursuant to a separate agreement), and that no Broker other than Cushman & Wakefield brought about this 
  

					
		  	



	  	 Copyright © 2005, Alexandria Real Estate Equities, Inc. ALL RIGHTS RESERVED. Confidential and Proprietary – Do Not Copy or
Distribute. Alexandria and the Alexandria Logo are registered trademarks of Alexandria Real Estate Equities, Inc.











			
	 [9393 Town Centre Drive/Mirati Therapeutics, Inc.]
	  	Page - 2

  

 
transaction. Landlord and Tenant each hereby agree to indemnify and hold the other harmless from and against any claims by any Broker other than Cushman & Wakefield claiming a commission
or other form of compensation by virtue of having dealt with Tenant or Landlord, as applicable, with regard to this leasing transaction. 

(e) Except as amended and/or modified by this Amendment, the Lease is hereby ratified and confirmed and all other terms of the Lease
shall remain in full force and effect, unaltered and unchanged by this Amendment. In the event of any conflict between the provisions of this Amendment and the provisions of the Lease, the provisions of this Amendment shall prevail. Whether or not
specifically amended by this Amendment, all of the terms and provisions of the Lease are hereby amended to the extent necessary to give effect to the purpose and intent of this Amendment. 

(Signatures on Next Page) 

  

					
		  	



	  	 Copyright © 2005, Alexandria Real Estate Equities, Inc. ALL RIGHTS RESERVED. Confidential and Proprietary – Do Not Copy or
Distribute. Alexandria and the Alexandria Logo are registered trademarks of Alexandria Real Estate Equities, Inc.












			
	 [9393 Town Centre Drive/Mirati Therapeutics, Inc.]
	  	Page - 3

  

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

									
	TENANT:
	
	MIRATI THERAPUETICS, INC.,
	a Delaware corporation
		
	By:	 	 /s/ Jamie Donadio

	Its:	 	 Chief Financial Officer

	
	LANDLORD:
	
	ARE-SD REGION NO. 20, LLC,
	a Delaware limited liability company
			
		 	By:	 	ALEXANDRIA REAL ESTATE EQUITIES, L.P.,
		 		 	a Delaware limited partnership, managing member


									
				
		 		 	By:	 	ARE-QRS CORP.,
		 		 		 	 a Maryland corporation,
 general partner

					
		 		 		 	By:	 	 /s/ Gary Dean

		 		 		 		 	 Gary Dean

		 		 		 		 	 Senior Vice President

		 		 		 		 	 RE Legal Affairs



  

					
		  	



	  	 Copyright © 2005, Alexandria Real Estate Equities, Inc. ALL RIGHTS RESERVED. Confidential and Proprietary – Do Not Copy or
Distribute. Alexandria and the Alexandria Logo are registered trademarks of Alexandria Real Estate Equities, Inc.