Attached files

file filename
10-K - FORM 10-K - CLARIENT, INCc97540e10vk.htm
EX-23 - EXHIBIT 23 - CLARIENT, INCc97540exv23.htm
EX-21 - EXHIBIT 21 - CLARIENT, INCc97540exv21.htm
EX-3.1 - EXHIBIT 3.1 - CLARIENT, INCc97540exv3w1.htm
EX-23.1 - EXHIBIT 23.1 - CLARIENT, INCc97540exv23w1.htm
EX-32.2 - EXHIBIT 32.2 - CLARIENT, INCc97540exv32w2.htm
EX-31.1 - EXHIBIT 31.1 - CLARIENT, INCc97540exv31w1.htm
EX-10.9 - EXHIBIT 10.9 - CLARIENT, INCc97540exv10w9.htm
EX-31.2 - EXHIBIT 31.2 - CLARIENT, INCc97540exv31w2.htm
EX-32.1 - EXHIBIT 32.1 - CLARIENT, INCc97540exv32w1.htm
EX-10.36 - EXHIBIT 10.36 - CLARIENT, INCc97540exv10w36.htm
EX-10.37 - EXHIBIT 10.37 - CLARIENT, INCc97540exv10w37.htm
EX-10.51 - EXHIBIT 10.51 - CLARIENT, INCc97540exv10w51.htm
Exhibit 10.35
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT (“Amendment”) is entered into this the 24th day of July, 2008, between Hudson-Alpha Institute for Biotechnology, an Alabama non-profit corporation (“Landlord”), and Applied Genomics, Inc., a Delaware corporation, (“Tenant”).
R E C I T A L S:
A. Landlord and Tenant are parties to that certain Lease Agreement (the “Lease”) dated January 15, 2008, with respect to the Premises in the Building, as such terms are defined in the Lease. Any capitalized term used but not defined herein shall have the meaning ascribed to it in the Lease.
B. Since the execution of the Lease by Landlord and Tenant, the actual location of the Premises occupied by Tenant has changed, and Landlord and Tenant have agreed to amend to Lease to reflect the correct description of the Premises and the amount of square footage of the same.
A G R E E M E N T:
NOW, THEREFORE, for and in consideration of the recitals set forth above, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Landlord and Tenant hereby agree as follows:
1. Substitution of Premises Exhibit to Lease. The Lease is hereby amended to delete Exhibit A to the Lease in its entirety and to substitute in lieu thereof Exhibit A attached hereto and incorporated herein by reference.
2. Amendment to Section 1.01 and Section 3.01 of the Lease. Section 1.01 and Section 3.01 of the Lease are hereby amended to reflect that the correct Usable Area of the leased premises in Suite 2200 is 5,756 square feet, and the correct Usable Area of basement storage is 0 square feet. As of date of this Amendment, the term “Premises” as used throughout the Lease shall be deemed to refer to the leased premises as described in this Amendment, including without limitation Exhibit A attached hereto.
3. Miscellaneous. Except as amended hereby, the Lease is unchanged, and by execution and delivery of this Amendment, Landlord and Tenant each do ratify and affirm the Lease, as amended hereby. This Amendment may be executed in one or more counterparts, all of which taken together shall constitute one original instrument.
IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be duly executed as a sealed instrument as of the day and year first above written.

 

 


 

FIRST AMENDMENT TO LEASE AGREEMENT
(Landlord’s signature page)
         
  LANDLORD:


Hudson-Alpha Institute for Biotechnology
 
 
  By:   /s/ O’Neal Smitherman    
    Name:   H. O’Neal Smitherman   
    Title:   Executive Vice President   
             
STATE OF ALABAMA
    )      
 
    :      
MADISON COUNTY
    )      
I, the undersigned, a notary public in and for said county in said state, hereby certify that H. O’Neal Smitherman, whose name as Executive Vice President of Hudson-Alpha Institute for Biotechnology, an Alabama nonprofit corporation, is signed to the foregoing instrument, and who is known to me, acknowledged before me on this day that, being informed of the contents of said instrument, he, as such officer and with full authority, executed the same voluntarily for and as the act of said corporation.
Given under my hand and official seal this 24th day of July, 2008.
         
     
  /s/ Robert Loye Buck    
  Notary Public   
My commission expires: September 25, 2011
[NOTARIAL SEAL]

 

 


 

FIRST AMENDMENT TO LEASE AGREEMENT
(Tenant’s signature page)
         
  TENANT:


Applied Genomics, Inc.
 
 
  By:   /s/ Robert S. Seitz    
    Name:   Robert S. Seitz   
    Title:   Chief Executive Officer   
             
STATE OF ALABAMA
    )      
 
    :      
MADISON COUNTY
    )      
I, the undersigned, a notary public in and for said county in said state, hereby certify that Robert S. Seitz, whose name as Chief Executive Officer of Applied Genomics, Inc., a Delaware corporation, is signed to the foregoing instrument, and who is known to me, acknowledged before me on this day that, being informed of the contents of said instrument, he, as such officer and with full authority, executed the same voluntarily for and as the act of said Applied Genomics, Inc.
Given under my hand and official seal this 24th day of July, 2008.
         
     
  /s/ Robert Loye Buck    
  Notary Public   
My commission expires: September 25, 2011
[NOTARIAL SEAL]

 

 


 

EXHIBIT A
Premises Floor Plan
See attached.

 

 


 

                         
Item   Room No.   Room Name   Usable SF     Associate    
216
  CL225   Closet     17     AGI    
217
  CL228   Closet     16     AGI    
218
  CL229   Closet     16     AGI    
219
  CL232   Closet     29     AGI    
219
  CL233   Closet     0     AGI   Corrected 7/16/08, included in CL232
220
  CL234   Closet     15     AGI    
290
  2138   AGI Tissue Storage     462     AGI    
296
  2200   AGI Admin     178     AGI   Corrected 6/16/08
297
  2201   AGI Executive     248     AGI    
298
  2203   AGI Executive     187     AGI    
299
  2204   AGI Arrayer Room     233     AGI    
300
  2205   AGI Executive     344     AGI    
302
  2207   AGI Main Lab     2,298     AGI    
303
  2208   AGI Scoring Room     124     AGI    
304
  2209   AGI Tissue Array Lab     1,427     AGI    
305
  2210   AGI Conference     124     AGI    
306
  2210A   AGI Pantry     38     AGI    
 
                      5,756