Exhibit 10.36
Execution Copy
BUILD-TO-SUIT LEASE AGREEMENT
BY AND BETWEEN
PEARLAND ECONOMIC DEVELOPMENT CORPORATION
("LANDLORD")
AND
CARDIOVASCULAR SYSTEMS, INC.
("TENANT")
TABLE OF CONTENTS
Page
SEC. 1 LEASED PREMISES
1
SEC. 2 TERM
1
SEC. 3 USE
2
SEC. 4 SECURITY DEPOSIT:
2
SEC. 5 BASE RENT:
2
SEC. 6 ADDITIONAL RENT:
3
SEC. 7 TAXES:
4
SEC. 8 MAINTENANCE AND REPAIRS; UTILITIES:
6
SEC. 9 QUIET ENJOYMENT; RIGHTS RESERVED:
7
SEC. 10 ALTERATIONS:
8
SEC. 11 FURNITURE, FIXTURES AND PERSONAL PROPERTY:
9
SEC. 12 SUBLETTING AND ASSIGNMENT:
10
SEC. 13 FIRE AND CASUALTY:
11
SEC. 14 CONDEMNATION:
12
SEC. 15 DEFAULT BY TENANT:
13
SEC. 16 REMEDIES OF LANDLORD:
13
SEC. 17 WAIVER OF LANDLORD'S LIEN:
15
SEC. 18 NON-WAIVER:
15
SEC. 19 COMPLIANCE WITH LAWS:
15
SEC. 20 ASSIGNMENT BY LANDLORD; LIMITATION OF LANDLORD'S LIABILITY:
15
SEC. 21 SEVERABILITY:
15
SEC. 22 SIGNS:
16
SEC. 23 SUCCESSORS AND ASSIGNS:
16
SEC. 24 SUBORDINATION; NONDISTURBANCE:
16
SEC. 25 RESERVED:
17
SEC. 26 HOLDING OVER:
17
SEC. 27 INDEPENDENT OBLIGATION TO PAY RENT:
17
SEC. 28 RELEASE AND WAIVER: INDEMNITY:
18
SEC. 29 INSURANCE:
18
SEC. 30 ENTIRE AGREEMENT:
19
SEC. 31 NOTICES:
19
SEC. 32 MEMORANDUM OF COMMENCEMENT DATE:
19
SEC. 33 INSPECTION:
19
SEC. 34 BROKERS:
19
SEC. 35 ESTOPPEL CERTIFICATES:
19
SEC. 36 ANTI-TERRORISM LAWS:
20
SEC. 37 BANKRUPTCY:
20
SEC. 38 RESERVED:
21
SEC. 39 HAZARDOUS SUBSTANCES:
21
SEC. 40 NO MONEY DAMAGES FOR FAILURE TO CONSENT; WAIVER OF CERTAIN DAMAGES:
22
SEC. 41 ACKNOWLEDGMENT OF NON-APPLICABILITY OF DTPA:
22
SEC. 42 ATTORNEYS' FEES:
22
SEC. 43 AUTHORITY OF TENANT:
22
SEC. 44 INABILITY TO PERFORM:
22
SEC. 45 JOINT AND SEVERAL TENANCY:
23
SEC. 46 EXECUTION OF THIS LEASE AGREEMENT:
23
SEC. 47 WAIVER OF TRIAL BY JURY; COUNTERCLAIM:
23
SEC. 48 CALCULATION OF TIME PERIODS:
23
SEC. 49 RENEWAL OPTIONS:
23
SEC. 50 PREVAILING MARKET RENTAL RATE DETERMINATION:
24
SEC. 51 PURCHASE OPTION:
25
SEC. 52 FIRST EXPANSION OPTION:
26
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Page
SEC. 53 SECOND EXPANSION OPTION:
27
SEC. 54 TENANT'S RIGHT OF FIRST REFUSAL:
28
SEC. 55 TENANT'S SELF-HELP REMEDY:
29
SEC. 56 CONSTRUCTION OF IMPROVEMENTS:
31
SEC. 57 PERMITTED ENCUMBRANCES:
32
SEC. 58 RELATIONSHIP OF THE PARTIES; NO PARTNERSHIP
32
SEC. 59 EXHIBITS:
32
EXHIBITS:
EXHIBIT A - DEPICTION OF THE LAND
EXHIBIT B - ACCEPTANCE OF PREMISES MEMORANDUM
EXHIBIT C - TENANT'S ESTOPPEL CERTIFICATE
EXHIBIT D - IMPROVEMENTS
EXHIBIT E - INSURANCE REQUIREMENTS
EXHIBIT F - AMENDMENT TO LEASE AGREEMENT
EXHIBIT G - ARBITRATION PROCEDURES
EXHIBIT H - INTENTIONALLY DELETED
EXHIBIT I - DEPICTION OF FIRST EXPANSION OPTION LAND AND SECOND EXPANSION OPTION
LAND
EXHIBIT J - BUILDING PLANS AND CONSTRUCTION DRAWINGS
EXHIBIT K - PERMITTED ENCUMBRANCES
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BUILD-TO-SUIT LEASE AGREEMENT
This Build-To-Suit Lease Agreement (this "Lease Agreement") is made and
entered into as of the Effective Date (as defined on the signature page attached
hereto) by and between the Pearland Economic Development Corporation, a
corporation operating under Chapter 505 of the Texas Local Government Code,
hereinafter referred to as "Landlord",