EXHIBIT 10.26
SUBLEASE AGREEMENT
4820 Eastgate Mall, San Diego, California 92121
This Sublease ("Sublease") is made as of the
day of December,
2009 (the "Effective Date") by and between AMYLIN PHARMACEUTICALS, INC., a
Delaware corporation ("Sublessor"), and KRATOS DEFENSE & SECURITY SOLUTIONS,
INC., a Delaware corporation ("Sublessee").
Recitals
A.
Pursuant to that certain Deed of Lease dated March 6, 2007 (the
"Lease"), between THE IRVINE COMPANY LLC, a Delaware limited liability company
(as successor in interest to CA-BRIDGE POINTE CORPORATE CENTRE III LIMITED
PARTNERSHIP, a Delaware limited partnership) ("Prime Lessor"), as landlord, and
Sublessor, as tenant, as amended by that certain First Amendment to Lease dated
as of May 28, 2008, between Prime Lessor and Sublessor (the Lease and any
amendments thereto are collectively referred to herein as the "Prime Lease" and
is attached hereto as Exhibit A) Prime Lessor leased and demised to Sublessor
certain premises (the "Leased Premises") including the building known as 4820
Eastgate Mall ("Building 6"), which building is situated in the City of San
Diego, County of San Diego, State of California, in the project commonly known
as Bridge Pointe Corporate Centre (the "Project") as depicted
on and more fully
described in the Prime Lease.
B.
Sublessor wishes to sublease to Sublessee and Sublessee wishes to
sublease from Sublessor a portion of the Leased Premises consisting of
approximately 31,766 rentable square feet on the second floor, and 2,158
rentable square feet on the first floor of Building 6 (hereinafter, the "Sublet
Premises") as depicted on Exhibit B attached hereto, under the terms and subject
to the conditions hereinafter set forth, the actual measurement of which will be
confirmed by Sublessor's architect using the Standard Method for Measuring Floor
Area in Office Buildings published by the Building Owners and Managers
Association International ("BOMA").
Once confirmed, any discrepancy between the
square footage set forth above and the actual square footage of the Sublet
Premises, the square footage set forth above shall prevail for all purposes.
NOW, THEREFORE, for and in consideration of the foregoing Recitals and the
mutual covenants, promises, and agreements herein contained, the parties hereto,
intending to be legally bound hereby, covenant and agree as follows:
1.
DEMISE AND PREMISES.
SUBLESSOR HEREBY GRANTS AND DEMISES TO
SUBLESSEE, AND SUBLESSEE HEREBY ACCEPTS FROM SUBLESSOR, SUBJECT TO THE TERMS AND
CONDITIONS OF THIS SUBLEASE AND THE PRIME LEASE, FOR THE PERIOD SET FORTH IN
SECTION 2 BELOW, THE SUBLET PREMISES TOGETHER WITH THE NON-EXCLUSIVE RIGHT TO
USE THE PARKING, DRIVEWAY AREAS AND ALL COMMON FACILITIES, IF ANY, AVAILABLE TO
SUBLESSOR UNDER THE PRIME LEASE, IN COMMON WITH PRIME LESSOR AND OTHER TENANTS
OF PRIME LESSOR, AND THEIR INVITEES, LICENSEES, EMPLOYEES, OFFICERS, SERVANTS,
CONTRACTORS AND VISITORS.
2.
SUBLEASE TERM.
SUBLESSOR SHALL DELIVER POSSESSION OF THE SUBLET
PREMISES TO SUBLESSEE ON OR BEFORE DECEMBER 15, 2009 (THE "DELIVERY DATE").
SUBLESSEE SHALL BE PERMITTED TO BEGIN CONSTRUCTION OF ITS IMPROVEMENTS AND
INSTALLATION OF ITS FURNITURE, FIXTURES AND EQUIPMENT AFTER THE DELIVERY DATE.
THE TERM OF THIS SUBLEASE (THE "SUBLEASE