Exhibit 10.26
LEASE AGREEMENT
BETWEEN
PRENTISS PROPERTIES ACQUISITION PARTNERS, L.P.,
a Delaware limited partnership
("Landlord")
AND
DEERFIELD & COMPANY LLC,
an Illinois limited liability company
("Tenant")
One O'Hare Centre
Rosemont, Illinois
Dated: July 1, 2005
TABLE OF CONTENTS
ARTICLE
PAGE
1 BASIC LEASE INFORMATION AND CERTAIN DEFINITIONS
1
2 PREMISES AND QUIET ENJOYMENT
1
3 TERM; COMMENCEMENT DATE; DELIVERY AND ACCEPTANCE OF PREMISES
1
4 RENT
2
5 OPERATING COSTS
3
6 SERVICES OF LANDLORD
6
7 ASSIGNMENT AND SUBLETTING
8
8 REPAIRS
11
9 ALTERATIONS
12
10 LIENS
14
11 USE AND COMPLIANCE; HAZARDOUS SUBSTANCES
14
12 DEFAULT AND REMEDIES
15
13 INSURANCE
18
14 DAMAGE BY FIRE OR OTHER CAUSE
20
15 CONDEMNATION
22
16 INDEMNIFICATION
23
17 SUBORDINATION
24
18 SURRENDER OF THE PREMISES AND HOLDOVER
25
19 SECURITY DEPOSIT
26
20 MISCELLANEOUS
28
21 INTENTIONALLY OMITTED
35
22 PARKING
35
i
ARTICLE
PAGE
23 RIGHT OF FIRST REFUSAL
36
24 RENEWAL OPTION
38
25 CANCELLATION OPTION
40
26 SIGNAGE
42
27 SPECIFIC IMPROVEMENTS
42
28 SATELLITE DISH
43
29 RIGHT OF FIRST OFFER
44
EXHIBITS AND RIDERS
The following Exhibits and Riders are attached hereto and by this reference made
a part of this Lease:
SCHEDULE 1.1
DEFINITIONS
SCHEDULE 1.2
LETTER OF CREDIT AMOUNTS
EXHIBIT A
FLOOR PLAN OF THE PREMISES
EXHIBIT B
THE LAND
EXHIBIT C
RENT SCHEDULE
EXHIBIT D
LEASEHOLD IMPROVEMENTS
EXHIBIT E
FORM OF COMMENCEMENT NOTICE
EXHIBIT F
FORM OF IRREVOCABLE STANDBY LETTER OF CREDIT
EXHIBIT G
LOCATION OF FAÇADE SIGNAGE
EXHIBIT H
ELEVATOR LOBBY SIGNAGE
EXHIBIT I
MONUMENT SIGNAGE
EXHIBIT J
EXISTING RIGHTS TO FIRST REFUSAL SPACE
EXHIBIT K
FORM OF SNDA
EXHIBIT L
LOCATION OF ASSIGNED PARKING SPACES
EXHIBIT M
PERMITTED LOCATION FOR ADDITIONAL ASSIGNED PARKING SPACES
EXHIBIT N
RELOCATION AREA FOR ASSIGNED PARKING SPACES
EXHIBIT O
STORAGE SPACE
EXHIBIT P
EXISTING EXCLUSIVES
RIDER NO. 1
RULES AND REGULATIONS
ii
BASIC LEASE INFORMATION
("Basic Lease Information")
A.
Additional Rent:
The Additional Rent shall be all other sums due and payable
by Tenant under the Lease, including, but not limited to, Tenant's Share of
Operating Costs.
B.
Base Rent:
The Base Rent shall be the amounts set forth on the Base Rent
Schedule attached hereto as Exhibit C, subject to such increases as may be
provided herein.
C.
Broker:
Prentiss Properties Limited, Inc and CBIZ - Gibraltar Real Estate
Services Corporation.
D.
Building:
The building commonly known as One O'Hare Centre, 6250 North River
Road, Rosemont, Illinois.
E.
Commencement Date:
March 1, 2006
F.
Expiration Date:
February 28, 2021
G.
Land:
That certain parcel of real estate described in Exhibit B attached
hereto.
H.
Landlord's Address for Notice:
Prentiss Properties Acquisition Partners,
L.P.
3890 W. Northwest Highway, Suite 400
Dallas, Texas 75220
Attention: President
With a copy to:
Prentiss Properties Limited, Inc.
One O'Hare Centre
6250 North River Road, Suite 1010
Rosemont, Illinois 60018
Attention: Managing Director
and
Prentiss Properties Management, L.P.
6250 North River Road, Suite 1010
Rosemont, Illinois 60018
Attention: Property Manager
I.
Landlord's Address for