Exhibit 10.1
FIRST AMENDMENT OF STANDARD OFFICE LEASE
This First Amendment of Standard Office Lease (the "First Amendment") is entered
into as of this 30th day of April, 2004, by and between ALECTA
PENSIONSFÖRSÄKRING, ÖMSESIDIGT, a Swedish company ("Landlord"), and MAXIM
PHARMACEUTICALS, a Delaware corporation ("Tenant") who agree as follows:
1.
RECITALS.
THIS FIRST AMENDMENT IS EXECUTED IN CONTEMPLATION OF
THE FOLLOWING FACTS AND CIRCUMSTANCES:
1.1
LANDLORD AND TENANT EXECUTED THAT CERTAIN STANDARD OFFICE LEASE
DATED FOR REFERENCE PURPOSES JULY 31, 2003, AND EFFECTIVE AS OF SEPTEMBER 13,
2003 ("LEASE"), WITH RESPECT TO CERTAIN PREMISES IN THE OFFICE BUILDING PROJECT
LOCATED AT UNIVERSITY PACIFIC CENTRE, 8899 UNIVERSITY CENTER LANE, SAN DIEGO,
CALIFORNIA (THE "EXISTING PREMISES").
1.2
IT IS THE INTENT OF LANDLORD AND TENANT, BY THIS FIRST AMENDMENT,
TO AMEND AND OTHERWISE MODIFY CERTAIN PROVISIONS AND CONDITIONS OF THE LEASE,
AND, EXCEPT AS EXPRESSLY AMENDED OR MODIFIED BY THE PROVISIONS AND CONDITIONS OF
THIS FIRST AMENDMENT, IT IS INTENDED BY LANDLORD AND TENANT THAT THE LEASE SHALL
REMAIN UNCHANGED AND OTHERWISE IN FULL FORCE AND EFFECT.
1.3
TENANT IS HEREBY EXERCISING ITS RIGHT OF FIRST OFFER PROVIDED FOR
IN THE LEASE WITH RESPECT TO SUITE 385 OF UNIVERSITY PACIFIC CENTRE.
1.4
CAPITALIZED TERMS USED HEREIN AS DEFINED TERMS AND NOT OTHERWISE
DEFINED HEREIN SHALL HAVE THE MEANINGS GIVEN TO THEM IN THE LEASE.
2.
AMENDMENTS.
THE LEASE SHALL BE AMENDED AND MODIFIED AS
FOLLOWS:
2.1
EXPANSION PREMISES.
THE PREMISES ARE HEREBY
EXPANDED, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN, TO INCLUDE THE
APPROXIMATELY 1,642 RENTABLE SQUARE FEET (1,425 USABLE SQUARE FEET), COMMONLY
KNOWN AS SUITE 385 OF THE BUILDING (THE "FIRST EXPANSION PREMISES").
ACCORDINGLY, EFFECTIVE AS OF MAY 1, 2004 (THE "EXPANSION PREMISES COMMENCEMENT
DATE"), PARAGRAPH 2 OF THE BASIC LEASE PROVISIONS OF THE LEASE SHALL
AUTOMATICALLY BE AMENDED TO READ, IN ITS ENTIRETY, AS FOLLOWS:
"2.
PREMISES:
Approximately 39,293 rentable
square feet.
The premises is comprised of 37,651 rentable square feet of
Existing Premises and approximately 1,642 rentable square feet of First
Expansion Premises.
The total Premises consists of 39,293 rentable square
feet."
1
Further, effective as of the Expansion Premises Commencement Date, paragraph 6
of the Basic Lease Provisions of the Lease shall automatically be amended to
read, in its entirety, as follows:
"6.
TENANT'S PRORATA SHARE; BASE YEAR:
40.72%;
such share is a fraction of the numerator of which is the total rentable area of
the Premises (39,293 sq. ft.) and the denominator of which is the total rentable
area of the Building (96,490 sq. ft.); Base Year: 2004."
Further, effective as of the Expansion Premises Commencement Date, Exhibit "A"
attached hereto shall automatically be substituted for the Exhibit "A"
originally attached to the Lease.
2.2
ADJUSTMENT OF BASIC MONTHLY RENT.
EFFECTIVE
ON THE EXPANSION PREMISES COMMENCEMENT DATE, THE BASIC MONTHLY RENT PAYABLE BY
TENANT SHALL BE ADJUSTED TO INCLUDE BASIC MONTHLY RENT FOR THE FIRST EXPANSION
PREMISES.
ACCORDINGLY, EXHIBIT "D" ATTACHED HERETO IS SUBSTITUTED FOR THE
EXHIBIT "D" ORIGINALLY ATTACHED TO THE LEASE.