Exhibit 10.1
FIRST AMENDMENT TO LEASE
This First Amendment (the "First Amendment") to Lease is made as of October 30,
2007, by and between ARE-TECH SQUARE, LLC, a Delaware limited liability company,
having an address at 385 East Colorado Boulevard, Suite 299, Pasadena,
California 91101 ("Landlord"), and SIRTRIS PHARMACEUTICALS, INC., a Delaware
corporation, having an address at 790 Memorial Drive, Cambridge, Massachusetts
02139 ("Tenant").
RECITALS
A.
LANDLORD AND TENANT HAVE ENTERED INTO THAT CERTAIN LEASE (THE
"LEASE") DATED AS OF JUNE 22, 2007 (THE "LEASE"), WHEREIN LANDLORD LEASED TO
TENANT CERTAIN PREMISES (THE "PREMISES") LOCATED AT 200 TECHNOLOGY SQUARE,
CAMBRIDGE, MASSACHUSETTS, MORE PARTICULARLY DESCRIBED IN THE LEASE.
B.
TENANT DESIRES TO EXPAND THE PREMISES DEMISED UNDER THE LEASE BY
ADDING 3,786 RENTABLE SQUARE FEET (THE "EXPANSION SPACE") IN THE BASEMENT
PORTION OF THE BUILDING OF WHICH THE PREMISES ARE A PART, AND LANDLORD IS
WILLING TO LEASE SUCH PORTION OF THE PROJECT TO TENANT ON THE TERMS HEREIN SET
FORTH.
C.
LANDLORD AND TENANT DESIRE TO AMEND THE LEASE TO, AMONG OTHER
THINGS, ADD THE EXPANSION SPACE TO THE PREMISES DEMISED UNDER THE LEASE AND TO
PROVIDE FOR THE IMPROVEMENT OF SUCH SPACE.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that the Lease is amended as follows:
1.
CAPITALIZED TERMS. CAPITALIZED TERMS USED HEREIN AND NOT OTHERWISE
DEFINED SHALL HAVE THE MEANING THERETO ASCRIBED IN THE LEASE.
2.
PREMISES. EFFECTIVE UPON FULL EXECUTION HEREOF BY LANDLORD AND
TENANT, THE DEFINITION OF "PREMISES" SET FORTH IN THE BASIC LEASE PROVISIONS OF
THE LEASE IS HEREBY AMENDED BY DELETING THE SAME AND REPLACING IT WITH THE
FOLLOWING:
"That portion of the Project, containing a total of approximately 47,870
rentable square feet, as determined by Landlord, consisting of approximately (i)
17,357 rentable square feet on the second (2nd) floor of the Building ("Second
Floor Space"), (ii) 17,357 rentable square feet on the third (3rd) floor of the
Building ("Third Floor Space"), (iii) 8,679 rentable square feet on the fourth
(4th) floor of the Building ("Fourth Floor Space"); (iv) 471 rentable square
feet on the first (1st) floor of the Building ("First Floor Space") and
(v) 4,006 rentable square feet of space, in the basement of the Building (the
"Basement Space"), as shown on Exhibit A."
Exhibit A to the Lease is hereby deleted in its entirety and replaced with
Exhibit A attached hereto.
1
3.
RENTABLE AREA OF PREMISES. IT IS AGREED THAT THE RENTABLE AREA OF
PREMISES IS 47,870 SQ. FT. AND THAT TENANT'S SHARE OF OPERATING EXPENSES, AS OF
THE DATE HEREOF, IS 27.03%.
4.
SECURITY DEPOSIT.
(A)
AS A CONDITION TO THE EFFECTIVENESS OF THIS FIRST AMENDMENT, THE
SECURITY DEPOSIT AS DEFINED IN THE LEASE SHALL BE INCREASED BY THE SUM OF
$174,490.87, WHICH AMOUNT SHALL BE HELD BY LANDLORD AS PART OF THE SECURITY
DEPOSIT SUBJECT TO THE TERMS OF THE LEASE, IT BEING AGREED THAT THE AMOUNT
SUBJECT TO PROPORTIONATE INCREASE AS SET FORTH IN THE DEFINITION OF SECURITY
DEPOSIT IN THE LEASE SHALL, FOR ALL PURPOSES,