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EXHIBIT 10.10(h)  


 
 

LEASE AMENDMENT "3"    
    


        THIS AMENDMENT is attached to and hereby forms a part of that certain LEASE ("Lease") made the 1st day of December, 1994, by and between Green, Praver Et Al
("Landlord") and Anesta Corp., a Delaware Corporation ("Tenant"). 


        WHEREAS,
Tenant desires to lease space in Building #6 of Wiley Post Plaza located at 4745 West Wiley Post Way (the "Building"). That space is now leased to AirTouch Communications
("Air-touch"). Landlord shall attempt to cause AirTouch to terminate its lease for such space. Prior to Landlord approaching AirTouch, Tenant shall execute this Amendment. Landlord will
not execute this Amendment until AirTouch has entered into an agreement terminating its lease. Landlord shall execute this Amendment, and this Amendment shall become effective, only when and if
Landlord has executed a lease termination agreement or lease amendment with AirTouch. Tenant shall not be entitled to revoke its execution of this Amendment until after October 31, 1998, and
shall have the right to revoke its execution after such date only if Landlord has not executed such agreement with AirTouch by such date. 



        NOW,
THEREFORE, in consideration of the mutual covenants and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Tenant and Landlord agree as follows: 


        1.    EXPANSION PREMISES AND TERM    


        In
addition to all other space leased by Tenant, Tenant agrees to lease from Landlord approximately 6,241 rentable square feet of space known as Suite 600 of Wiley Post Building 6 as
shown on Exhibit "A" to this amendment. The lease term for the expansion premises shall be for one year and five months commencing November 1, 1998 and ending March 31, 2000. This term
for the expansion space is coterminous with the term for Tenant's existing lease space. 


        2.    OPTION TO EXTEND LEASE    


        Tenant
may extend the lease term of the expansion premises for two—five year periods upon the same terms and conditions as set forth in Section 1.4 of the original
Lease. 


        3.    RENTAL RATES    



        For
the expansion space in Suite #600, Tenant agrees to pay to Landlord' without prior notice or demand, as annual base rental for the expansion space, the sum of $39,692.76 for the
first year of the expansion space lease term, payable in equal monthly payments of $3,307.73 on or before the first day of each month in advance. The first month's rent for the expansion space shall
be paid on or before November 1, 1998. November 1, 1998 will be considered the anniversary date for this expansion premises. 


        The
annual base rent for this Suite #600 expansion shall be adjusted each year, effective on each anniversary of the date of the commencement of the expansion space lease term, by a
percentage equal to the percentage increase in the United States Department of Labor Statistics New Consumer Price Index for all Urban Consumers (CPI-U, National Index,
1982-1984 = 100) as published by the United States Department of Labor, Bureau of Labor Statistics, using as a base the index for the two months immediately preceding the
commencement of the expansion space lease term compared to the index for the two months immediately preceding the anniversary date of the year for which the lease adjustment is being made. The
foregoing notwithstanding, the annual base rent shall not be increased by more than three percent in any one year. 


        4.    ADDITIONAL RENT—EXPANSION SPACE    



        Tenant
shall pay, as additional rent for the Suite #600 expansion space, Tenant's proportionate share of "Basic Costs Increases" as defined in Section 2.3 of the Lease. "Tenant's
Proportionate Share" 





 



for
the expansion space shall mean 3.29 percent, which is determined by dividing the 6,241 square feet being rented by Tenant by 189,425 square feet, the total rentable space in the Project.
The monthly charge for additional rent for the expansion space is $811.33 which represents the 6,241 square feet times $0.13. The additional rent rate of $0.13 shall be adjusted annually or at such
time as there is a significant change in the costs of any item of additional rent to be paid by Tenant as per Section 2.3. of the Lease. Tenant's total area for purposes of Section 2.3
shall include all of the "proportionate" areas as shown in the original lease, the first amendment, the second amendment, and this third amendment. 


        5.    TENANT IMPROVEMENTS    


        Tenant
shall propose plans for improvements to the demised premises which plans must be approved by Landlord. Such approval shall not be unreasonably withheld. Said plans must comply
with all building codes and local ordinances. Tenant shall at its sole cost and expense make the improvements to the Premises as set out in plans and specifications attached as Exhibit "B" to this
Amendment. Tenant will be obligated to follow all building codes and other construction practices and requirements as described in Section 7.1 of the Lease. 


        6.    VALID AGREEMENTS    


        Except
for the rent and the term, the terms for the Suite #600 expansion premises shall be identical as set forth in the Lease. Tenant and Landlord acknowledge that the Lease is a valid
and enforceable agreement and that the Tenant holds no claims against Landlord or its agents which might serve as the basis of any set-off against accruing rent and other charges or any
other remedy in law or in equity. Except as is herein specifically modified and amended or as is necessary to give meaning and effectuate the terms hereof, the Lease shall remain in full force and
effect, it being understood and agreed that this Amendment, upon execution, becomes a part of the total Lease. 


        7.    BROKERS    


        Except
as herein set out, Tenant represents, and warrants that there are no claims for brokerage commissions or finder's fees in connection with this Lease and agrees to indemnify
Landlord against and hold it harmless from all liabilities arising from such claim, including any attorney's fees connected therewith. Landlord shall pay the brokerage fees and/or commissions payable
in connection with this Lease to Asset Management Services, Inc., who represents Landlord, pursuant to the applicable listing and/or brokerage agreement between Landlord and said party. 


        IN
WITNESS WHEREOF, the parties have duly executed this Amendment this 30th day of September, 1998. 



	

LANDLORD: GREEN PRAVER ET AL	
 	

TENANT: ANESTA CORP.
	

By:	

/s/  GREGORY W. STRONG      
 Gregory W. Strong
 Project Manager	
 	

By:	

/s/  THOMAS B. KING      
 Thomas B. King
 President & CEO




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SALT LAKE INTERNATIONAL CENTER
  WILEY POST PLAZA
  EXHIBIT "A"    
    


 
 

[GRAPHIC OF FLOOR PLAN]    
    


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LEASE AMENDMENT "3"

SALT LAKE INTERNATIONAL CENTER WILEY POST PLAZA EXHIBIT "A"

[GRAPHIC OF FLOOR PLAN]