LEASE SHALL BE AMENDED AS SET FORTH BELOW:
(A)
EXHIBIT H OF THE LEASE SHALL BE AMENDED TO INCLUDE THE FOLLOWING:
"27. Costs to supply compressed air to the leasable areas of the Building,
provided, however, that in the event Tenant utilizes the Building's compressed
air unit(s) (the "Building CA System") for the supply of compressed air to the
Premises, then the cost of such service shall be included in the common area
maintenance expenses. Notwithstanding the foregoing, if only the Existing
Premises (as such term is defined in the Second Amendment to Lease) utilizes the
Building CA System, then Tenant will only be responsible to pay 20.45% of the
common area maintenance expenses associated with the Building CA Systems and if
only the Expansion Premises (as such term is defined in the Second Amendment to
Lease) utilizes the Building CA System, then Tenant will only be responsible to
pay 4.33% of such costs."
(B)
SECTIONS 4.2 AND 4.3 OF THE LEASE SHALL NOT BE APPLICABLE TO THE
EXPANSION PREMISES OR THE TENANT EXPANSION PREMISES WORK;
(C)
SECTION 14.1 OF THE LEASE SHALL BE AMENDED TO DELETE THE NAME
"MICHAEL FURLONG" AND INSERT IN PLACE THEREOF THE NAME "DR. UNA S. RYAN;" AND
(D)
EXHIBIT G OF THE LEASE IS HEREBY REPLACED BY THE REVISED EXHIBIT G
ATTACHED TO THIS AMENDMENT, AND ALL REFERENCES TO THE "NORTH PARKING AREAS"
UNDER THE LEASE SHALL BE DEEMED TO REFER TO THE PARKING AREAS SHOWN AS THE
"PRIMARY PARKING AREA FOR 151 MARTINE STREET" ON THE REVISED EXHIBIT G ATTACHED
HERETO. ACCORDINGLY, SECTION 14.14 OF THE LEASE SHALL BE AMENDED BY DELETING THE
LAST SENTENCE THEREOF AND BY SUBSTITUTING THEREFOR THE FOLLOWING: "AS USED IN
THIS LEASE, THE TERM "NORTH PARKING AREAS" SHALL MEAN THOSE AREAS SHOWN ON
EXHIBIT G ATTACHED HERETO AS THE "PRIMARY PARKING AREA FOR 151 MARTINE STREET."
9.
RATIFICATION. EXCEPT AS EXPRESSLY
MODIFIED BY THIS AMENDMENT, THE LEASE SHALL REMAIN IN FULL FORCE AND EFFECT, AND
AS FURTHER MODIFIED BY THIS AMENDMENT, IS EXPRESSLY RATIFIED AND CONFIRMED BY
THE PARTIES HERETO. THIS 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 AND SUBLETTING.
10.
BROKERAGE. LANDLORD AND TENANT EACH
REPRESENT AND WARRANT TO THE OTHER THAT NEITHER OF THEM HAS EMPLOYED OR DEALT
WITH ANY BROKER, AGENT OR FINDER OTHER THAN WHELAN ASSOCIATES, LLC ("LANDLORD'S
BROKER") IN CARRYING ON THE NEGOTIATIONS RELATING TO THIS AMENDMENT TO THE
LEASE. TENANT SHALL INDEMNIFY AND HOLD LANDLORD HARMLESS FROM AND AGAINST ANY
CLAIM OR CLAIMS FOR BROKERAGE OR OTHER COMMISSIONS ASSERTED BY ANY BROKER, AGENT
OR FINDER (OTHER THAN LANDLORD' S BROKER) ENGAGED BY TENANT OR WITH WHOM TENANT
HAS DEALT. SIMILARLY, LANDLORD SHALL INDEMNIFY AND HOLD TENANT HARMLESS FROM AND
AGAINST ANY CLAIMS ASSERTED BY ANY BROKER, AGENT OR FINDER ENGAGED BY LANDLORD
OR WITH WHOM LANDLORD HAS DEALT. THE REPRESENTATIONS AND WARRANTIES CONTAINED IN
THIS SECTION 11 SHALL SURVIVE ANY