Exhibit 10.1
LEASE NO. WA-0034
LEASE
between
WTC TOWER 1 LLC,
a Delaware limited liability company
as Landlord
and
PROGENICS PHARMACEUTICALS, INC.,
a Delaware corporation
as Tenant
Dated as of December 31, 2015
One World Trade Center
New York, New York 10007
Neither this draft lease, nor any other draft lease, nor any correspondence,
writings, communications or other documents delivered or exchanged between
Landlord and Tenant shall be deemed to be an offer or agreement to lease or to
enter into a lease, on the terms set forth herein or otherwise and no lease, or
agreement to lease, shall be binding on either party except and until as set
forth in Section 30.11 of this draft.
THIS LEASE AND ALL DRAFTS OF THIS LEASE CONTAIN CONFIDENTIAL AND SENSITIVE
INFORMATION. CONFIDENTIAL TREATMENT IS REQUESTED UNDER ALL APPLICABLE LEGAL
REQUIREMENTS, INCLUDING THE PORT AUTHORITY'S FREEDOM OF INFORMATION POLICIES.
TABLE OF CONTENTS
ARTICLE 1
DEFINITIONS; PREMISES;
TERM
ARTICLE 2 COMMENCEMENT OF TERM; ACCESS TO AND POSSESSION
OF PREMISES; COMPLETION OF THE PREMISES
ARTICLE 3 RENT
ARTICLE 4 RECURRING ADDITIONAL RENT
ARTICLE 5 USE
ARTICLE 6 SERVICES AND EQUIPMENT
ARTICLE 7 ELECTRIC
ARTICLE 8 ASSIGNMENT, SUBLETTING, MORTGAGING
ARTICLE 9 SUBORDINATION, ESTOPPEL CERTIFICATE
ARTICLE 10 ENTRY; RIGHT TO CHANGE PUBLIC PORTIONS OF THE BUILDING;
ARTICLE 11 LAWS, ORDINANCES, REQUIREMENTS OF PUBLIC AUTHORITIES
ARTICLE 12 REPAIRS
ARTICLE 13 ALTERATIONS; FIXTURES
ARTICLE 14 LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS
ARTICLE 15 NO LIABILITY; FORCE MAJEURE
ARTICLE 16 INDEMNIFICATION; INSURANCE
ARTICLE 17 DAMAGE BY FIRE OR OTHER CAUSE
ARTICLE 18 CONDEMNATION
ARTICLE 19 BANKRUPTCY
ARTICLE 20 DEFAULTS AND REMEDIES; WAIVER OF REDEMPTION
ARTICLE 21 COVENANT OF QUIET ENJOYMENT
ARTICLE 22 SURRENDER OF PREMISES
ARTICLE 23 DEFINITION OF LANDLORD
ARTICLE 24 NOTICES
ARTICLE 25 BUILDING OPERATIONS DOCUMENTS
ARTICLE 26 BROKER
ARTICLE 27 COMPLIANCE WITH SECURITY HANDBOOK
ARTICLE 28 SECURITY DEPOSIT
ARTICLE 29 CONSENTS
ARTICLE 30 MISCELLANEOUS
ARTICLE 31 SUCCESSORS AND ASSIGNS
ARTICLE 32 HAZARDOUS MATERIALS
ARTICLE 33 SUBMISSION TO JURISDICTION
ARTICLE 34 SIGNAGE; NAME OF BUILDING; ADDRESS
ARTICLE 35 INTENTIONALLY OMITTED
ARTICLE 36 ARBITRATION
ARTICLE 37 RENEWAL OPTION
ARTICLE 38 INTENTIONALLY OMITTED
ARTICLE 39 RIGHT OF FIRST OFFER
LIST OF EXHIBITS
EXHIBIT A
FLOOR PLAN
EXHIBIT B
INTENTIONALLY OMITTED
EXHIBIT C
SALES TAX LETTER
EXHIBIT D
SUPPLEMENTAL AND OVERTIME HVAC RATES
EXHIBIT D-1
DEFINITION OF LANDLORD'S CHARGE
EXHIBIT E
RULES AND REGULATIONS
EXHIBIT F
WORK LETTER
EXHIBIT G
CLEANING SPECIFICATIONS
EXHIBIT H
BUILDING ACCESS CONTROL AND SECURITY MONITORING PLAN
EXHIBIT I
INTENTIONALLY OMITTED
EXHIBIT J
FORM OF LETTER OF CREDIT
EXHIBIT J-1
DEFINITION OF SECURITY DEPOSIT
EXHIBIT J-2
SECURITY DEPOSIT REDUCTION
EXHIBIT K
RENT SCHEDULE
EXHIBIT K-1
DEFINITION OF FIXED RENT ABATEMENT PERIOD
EXHIBIT K-2
FIXED RENT ABATEMENT
EXHIBIT L
INTENTIONALLY OMITTED
EXHIBIT M
FLOOR SIGNAGE STANDARDS
EXHIBIT N
SPECIFIC COMPETITOR
EXHIBIT O-1
ABATEMENT OF FIXED RENT AND ADDITIONAL RENT
EXHIBIT O-2
USABLE SQUARE FOOTAGE WITH RESPECT TO ELECTRICAL SERVICE
EXHIBIT O-3
NOTICE ADDRESS
INDENTURE OF LEASE (hereinafter referred to as this "Lease") dated as of this
31st day of December, 2015 between WTC TOWER 1 LLC, a