Exhibit 10.64


 


FIRST AMENDMENT TO LEASE


 


THIS FIRST
AMENDMENT TO LEASE (this “Amendment”)
is entered into as of Sept 30, 2003 (the “Effective Date”) by and between SOBRATO
INTERESTS, a California limited partnership (“Landlord”) and AFFYMETRIX, a Delaware corporation
(“Tenant”)
in the following factual context:


 


A.            Landlord and Tenant entered into
that certain Lease dated as of July 3, 2002 (the “Lease”) covering the premises commonly
known as 3420 Central Expressway, Santa Clara, California, as more particularly
described in the Lease (the “Premises”). Capitalized terms used herein and not
defined herein shall have the meanings given them in the Lease.


 


B.            Tenant is entering
into a sublease agreement with Covad Communications Company, the current Tenant
of the Premises, pursuant to which Tenant will occupy the Premises commencing
on November 1, 2003 for the purpose of preparing the Premises for its
occupancy.


 


C.            Provided the
sublease agreement referenced in Paragraph B is fully executed by all
applicable parties, Landlord and Tenant amend the Lease to modify the purpose
of the Early Access Period as provided in this Amendment.


 


NOW THEREFORE, the parties hereby agree as follows:


 


1.             Tenant.
The name of the Tenant, as defined in Section 1 of the Lease, shall be
amended as follows: “Affymetrix, Inc., a Delaware corporation.”


 


2.             Term.
The third paragraph of Section 4 of the Lease shall be deleted in its entirety
and replaced with the following:


 


“Tenant shall be allowed early access to the Premises during the period
commencing on April 1, 2004 and continuing until the Commencement Date (“Early
Access Period”) to use the Premises in accordance with Section 3 hereof. Tenant
shall be subject to all the terms and conditions of the Lease during the Early
Access Period except that no Base Monthly Rent or other expenses or amounts
shall be due or payable (excluding utility charges incurred by Tenant).”


 


3.             Effect
of Amendment. As modified by this Amendment, all of the terms and
conditions of the Lease remain unchanged and in full force and effect. In the
event of any express conflict or inconsistency between the terms of this
Amendment and the terms of the Lease, the terms of this Amendment shall control
and govern.


 


4.             Counterparts.
This Amendment may be executed in any number of counterparts, each of which
shall be an original, but all of which, when taken together, shall constitute
one and the same instrument.


 


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


 


	
  LANDLORD:

  	
  TENANT:

  
	
  SOBRATO INTERESTS,

  	
  AFFYMETRIX, INC., a Delaware

  
	
  a California limited partnership

  	
  corporation

  
	
   

  	
   

  
	
  By:

  	
  /s/ John M. Sobrato

  	
   

  	
  By:

  	
  /s/ Greg Schiffman

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Name:

  	
  JOHN M. SOBRATO

  	
   

  	
  Name:

  	
  GREG SCHIFFMAN

  	
   

  
	
   

  	
   

  
	
  Title:

  	
  GENERAL PARTNER

  	
   

  	
  Title:

  	
  SVP CFO

  	
   

  
	
   

  	
   

  
	
  Date:

  	
  SEPT 29, ‘03

  	
   

  	
  Date: 

  	
  8-28-03

  	
   

  
												



 


 


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