MATTER HEREOF AND SUPERSEDES ALL PRIOR AND
CONTEMPORANEOUS ORAL AND WRITTEN AGREEMENTS AND DISCUSSIONS. THIS FIRST
AMENDMENT MAY BE AMENDED ONLY BY AN AGREEMENT IN WRITING, SIGNED BY THE PARTIES
HERETO.
(B)
THIS FIRST AMENDMENT IS BINDING UPON AND SHALL INURE TO THE
BENEFIT OF THE PARTIES HERETO AND THEIR RESPECTIVE PERMITTED SUCCESSORS AND
ASSIGNS.
(C)
THIS FIRST AMENDMENT MAY BE EXECUTED IN ANY NUMBER OF
COUNTERPARTS, EACH OF WHICH SHALL BE DEEMED AN ORIGINAL, BUT ALL OF WHICH WHEN
TAKEN TOGETHER SHALL CONSTITUTE ONE AND THE SAME INSTRUMENT. THE SIGNATURE PAGE
OF ANY COUNTERPART MAY BE DETACHED THEREFROM WITHOUT IMPAIRING THE LEGAL EFFECT
OF THE SIGNATURE(S) THEREON PROVIDED SUCH SIGNATURE PAGE IS ATTACHED TO ANY
OTHER COUNTERPART IDENTICAL THERETO EXCEPT HAVING ADDITIONAL SIGNATURE PAGES
EXECUTED BY OTHER PARTIES TO THIS FIRST AMENDMENT ATTACHED THERETO.
(D)
LANDLORD AND TENANT EACH REPRESENT AND WARRANT THAT IT HAS NOT
DEALT WITH ANY BROKER, AGENT OR OTHER PERSON (COLLECTIVELY "BROKER") IN
CONNECTION WITH THIS TRANSACTION OTHER THAN RICHARDS BARRY JOYCE & PARTNERS AND
CUSHMAN & WAKEFIELD, AND THAT NO BROKER OTHER THAN RICHARDS BARRY JOYCE &
PARTNERS AND CUSHMAN & WAKEFIELD, WHO SHALL BE PAID BY LANDLORD PURSUANT TO A
SEPARATE AGREEMENT, BROUGHT ABOUT THIS TRANSACTION. LANDLORD AND TENANT EACH
HEREBY AGREE TO INDEMNIFY AND HOLD THE OTHER HARMLESS FROM AND AGAINST ANY
CLAIMS BY ANY BROKER OTHER THAN RICHARDS BARRY JOYCE & PARTNERS AND CUSHMAN &
WAKEFIELD CLAIMING A COMMISSION OR OTHER FORM OF COMPENSATION BY VIRTUE OF
HAVING DEALT WITH TENANT OR LANDLORD, AS APPLICABLE, WITH REGARD TO THIS LEASING
TRANSACTION.
(E)
EXCEPT AS AMENDED AND/OR MODIFIED BY THIS FIRST AMENDMENT, THE
LEASE IS HEREBY RATIFIED AND CONFIRMED AND ALL OTHER TERMS OF THE LEASE SHALL
REMAIN IN FULL FORCE AND EFFECT, UNALTERED AND UNCHANGED BY THIS FIRST
AMENDMENT. IN THE EVENT OF ANY CONFLICT BETWEEN THE PROVISIONS OF THIS FIRST
AMENDMENT AND THE PROVISIONS OF THE LEASE, THE PROVISIONS OF THIS FIRST
AMENDMENT SHALL PREVAIL. WHETHER OR NOT SPECIFICALLY AMENDED BY THIS FIRST
AMENDMENT, ALL OF THE TERMS AND PROVISIONS OF THE LEASE ARE HEREBY AMENDED TO
THE EXTENT NECESSARY TO GIVE EFFECT TO THE PURPOSE AND INTENT OF THIS FIRST
AMENDMENT.
(Signatures on Next Page)
3
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of
the day and year first above written.
TENANT:
SIRTRIS PHARMACEUTICALS, INC.,
a Delaware corporation
By:
/s/ Garen Bohlin
Its:
Chief Operating Officer
LANDLORD:
ARE-TECH SQUARE, LLC, a Delaware limited liability company
By:
ARE-MA REGION NO. 31, LLC, a Delaware limited
liability company, its Member
By:
ALEXANDRIA REAL ESTATE EQUITIES,
L.P., a Delaware limited partnership, its
Member
By:
ARE-QRS CORP., a Maryland
corporation, its General Partner
By:
/s/ Jackie Clem
Name:
Jackie Clem
Title:
VP-Real Estate Legal Affairs
4
EXHIBIT A TO FIRST AMENDMENT
Description of Premises
Exhibit A
200 Technology Square
First Floor
[g260831kai001.jpg]
1
Exhibit A
200 Technology Square
Second Floor
[g260831kai002.jpg]
2
Exhibit A
200 Technology Square
Third Floor
[g260831kai003.jpg]
3
Exhibit A