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EXHIBIT 10.36
FIRST AMENDMENT AND LEASE
EXPANSION AGREEMENT
THIS FIRSTAMENDMENT AND LEASE
EXPANSION AGREEMENT is made this
20th day of May; 2009; -by and between SBP LIMITED PARTNERSHIP, an Ohio
limited partnership ("Landlord") and AFFYMETRIX, INC., a Delaware corporation
("Tenant").
WITNESSETH
WHEREAS, the parties entered
into a Lease Agreement dated August 10, 2008 (the
"Lease") for a portion of Landlord's property located at 26309 Miles Road,
Warrensville
Heights, OH 44128, known as Units 1, 2 and 3, deemed to contain 14,982
square
feet (the "Premises"); and
WHEREAS, the parties desire to
amend the Lease to (i) add additional space at another property owned by
Landlord and (ii) establish the Base Rent and Term of the Lease of Additional
Space.
NOW THEREFORE, in
consideration of the mutual benefits to be derived, the Lease is hereby amended
as follows:
1. Tenant
agrees to lease 3,630 square feet of space, known as Unit 7 (the "Additional
Space") of Landlord's property located at 4920 Commerce Parkway, Warrensville
Heights, OH.
2. The
Term of the Lease of Additional Space shall be month to month commencing
May 1, 2009. Landlord shall have the right to terminate the Lease upon thirty
(30) days advance written notice to Tenant. The "Notice
Date" shall be the date the Tenant actually receives the notice.
3. Tenant
shall take occupancy of the Additional Space on May 20, 2009. The Base
Rent will be pro rated on a per diem basis for the month of May.
4. The
Base Rent shall be Thirteen Hundred Seventy-Five Dollars ($1,375.00)
per month, due and payable, without demand deduction of set off, on
or before the first day of each month.
5. Tenant's
security deposit shall be increased by Thirteen Hundred Seventy-Five
Dollars ($1,375.00) due and payable on May 20, 2009.
6. Tenant
shall pay the bills for the separately metered utilities furnished to
the
Premises directly to the provider. Tenant agrees to maintain the Premises
at a temperature of at least 50° Fahrenheit to prevent the water pipes from
freezing. Tenant shall pay to Landlord its pro rata share of the water and
sewer charges for the Premises. Tenant's pro rata share is
8.8%.
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8. Tenant
will use the Additional Space for the storage of lab supplies. Tenant
shall not use the Premises, the Building or the Property or allow the
Premises, the Building or the Property to be used, for any purpose or in
any
manner which would void any policy of insurance now or hereinafter carried
on the Premises, the Building or the Property; render the Premises, the
Building or the Property uninsurable; or increase the rate of premiums
payable
on any such insurance policy. Tenant, at its sole cost and expense,
shall comply with any and all. requirements of any insurance organization
or company necessary for the maintenance of "all risks" insurance,
including, without limitation, fire and other casualty and general
public liability insurance covering the Premises, the Building and the
Property.
9. All
of the terms, conditions, provisions and covenants of the Lease, except
as
specifically modified or amended herein, shall remain in full force and effect
and apply hereto, and Landlord and Tenant agree that the terms of said Lease, as
amended herein, shall continue to govern their respective rights and
duties.
IN
WITNESS WHEREOF, the Landlord and Tenant have executed this First Amendment
and Lease Expansion Agreement as of the day and year first above
written.
SBP
LIMITED PARTNERSHIP
an Ohio
limited partnership
By: Weston
Inc., Agent
By: /s/ James A.
Asher
James
A. Asher, President
"Landlord"
Affymetrix,
Inc.
A
Delaware corporation
By: /s/ Don
Turner
Don Turner, Facility Manger
"Tenant"
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