Attached files

file filename
10-Q - FORM 10-Q - Diadexus, Inc.d10q.htm
EX-3.1 - RESTATED CERTIFICATE OF INCORPORATION OF THE REGISTRANT - Diadexus, Inc.dex31.htm
EX-10.6 - AMENDED AND RESTATED 1996 STOCK OPTION PLAN - Diadexus, Inc.dex106.htm
EX-10.7 - FORM OF STOCK OPTION AGREEMENT - Diadexus, Inc.dex107.htm
EX-10.9 - FORM OF INDEMNITY AGREEMENT - Diadexus, Inc.dex109.htm
EX-10.8 - DIADEXUS, INC. RETENTION BONUS PLAN - Diadexus, Inc.dex108.htm
EX-10.24 - AMENDMENT NO. 01 TO THE DIAZYME AGREEMENT - Diadexus, Inc.dex1024.htm
EX-10.23 - SERVICES AND SUPPLY AGREEMENT - Diadexus, Inc.dex1023.htm
EX-10.20 - DEVELOPMENT, MANUFACTURING, AND SUPPLY AGREEMENT - Diadexus, Inc.dex1020.htm
EX-10.28 - DISTRIBUTOR AGREEMENT - Diadexus, Inc.dex1028.htm
EX-10.22 - SECOND AMENDMENT TO THE DENKA SEIKEN AGREEMENT - Diadexus, Inc.dex1022.htm
EX-10.29 - ADDENDUM NO. 1 TO THE BINDING SITE AGREEMENT - Diadexus, Inc.dex1029.htm
EX-10.10 - SB/HGS DIAGNOSTIC LICENSE AGREEMENT - Diadexus, Inc.dex1010.htm
EX-10.26 - AMENDED AND RESTATED SUPPLY AGREEMENT - Diadexus, Inc.dex1026.htm
EX-10.25 - AMENDMENT NO. 2 TO THE DIAZYME AGREEMENT - Diadexus, Inc.dex1025.htm
EX-10.30 - ADDENDUM NO. 2 TO THE BINDING SITE AGREEMENT - Diadexus, Inc.dex1030.htm
EX-10.19 - DIAGNOSTICS LICENSE AGREEMENT - Diadexus, Inc.dex1019.htm
EX-10.31 - ADDENDUM NO. 3 TO THE BINDING SITE AGREEMENT - Diadexus, Inc.dex1031.htm
EX-10.21 - FIRST AMENDMENT TO THE DENKA SEIKEN AGREEMENT - Diadexus, Inc.dex1021.htm
EX-10.18 - SIDE LETTER TO LICENSE AGREEMENT - Diadexus, Inc.dex1018.htm
EX-32.1 - CERTIFICATION OF CEO PURSUANT TO 18 U.S.C. SECTION 1350 - Diadexus, Inc.dex321.htm
EX-31.1 - CERTIFICATION OF CEO PURSUANT TO RULE 13A-14(A) - Diadexus, Inc.dex311.htm
EX-31.2 - CERTIFICATION OF CFO PURSUANT TO RULE 13A-14(A) - Diadexus, Inc.dex312.htm
EX-32.2 - CERTIFICATION OF CFO PURSUANT TO 18 U.S.C. SECTION 1350 - Diadexus, Inc.dex322.htm
EX-10.44 - LETTER AGREEMENT REGARDING SUBLEASE - Diadexus, Inc.dex1044.htm
EX-10.36 - LEASE, DATED AS OF NOVEMBER 23, 1999 - Diadexus, Inc.dex1036.htm
EX-10.43 - THIRD AMENDMENT TO SUBLEASE - Diadexus, Inc.dex1043.htm
EX-10.38 - ACKNOWLEDGEMENT OF TERM COMMENCEMENT DATE - Diadexus, Inc.dex1038.htm
EX-10.32 - BUSINESS DEVELOPMENT ADDENDUM TO THE DISTRIBUTOR AGREEMENT - Diadexus, Inc.dex1032.htm
EX-10.41 - FIRST AMENDMENT TO SUBLEASE - Diadexus, Inc.dex1041.htm
EX-10.39 - CONSENT TO ASSIGNMENT AND MODIFICATION OF LEASE - Diadexus, Inc.dex1039.htm
EX-10.40 - SUBLEASE, DATED JUNE 1, 2002 - Diadexus, Inc.dex1040.htm
EX-10.33 - MASTER SUPPLY AGREEMENT - Diadexus, Inc.dex1033.htm
EX-10.35 - ADDENDUM NO. 2 TO THE BHL MASTER SUPPLY AGREEMENT - Diadexus, Inc.dex1035.htm
EX-10.42 - SECOND AMENDMENT TO SUBLEASE - Diadexus, Inc.dex1042.htm
EX-10.45 - FOURTH AMENDMENT TO SUBLEASE - Diadexus, Inc.dex1045.htm
EX-10.27 - AGREEMENT, BY AND BETWEEN DIADEXUS, INC. AND DAKO NORTH AMERICA, INC. - Diadexus, Inc.dex1027.htm
EX-10.34 - ADDENDUM NO. 1 TO THE BHL MASTER SUPPLY AGREEMENT - Diadexus, Inc.dex1034.htm

 

Exhibit 10.37

FIRST AMENDMENT TO LEASE AGREEMENT

THIS FIRST AMENDMENT TO LEASE AGREEMENT (“Amendment”) is dated as of February     , 2000, between ARE-Technology Center SSF, LLC, a Delaware limited liability company (“Landlord”), and Virologic, Inc., a California corporation (“Tenant”).

A.        Trammell Crow Northern California Development, Inc. (“Original Landlord”) and Tenant entered into that certain Lease Agreement dated as of November 23, 1999 (the “Lease”), with respect to certain premises to be located at 335 Oyster Point Boulevard, South San Francisco, California (the “Premises”). Unless otherwise defined in this Amendment, initially-capitalized terms used herein shall have the meanings set forth in the Lease.

B.        Original Landlord has contracted to acquire the real property upon which the Premises are to be located (the “Project”), and intends to assign its rights to acquire the Project to Landlord.

C.        In connection with the assignment of its rights to acquire the Project, Original Landlord intends to assign all of its rights and interest under the Lease to Landlord.

D.        Landlord and Tenant wish to amend the Lease as set forth herein.

NOW THEREFORE, in consideration of the foregoing Recitals, the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree, and amend the Lease, as follows:

1.        Effective Date.

Landlord and Tenant agree that this Amendment shall be effective upon the assignment of the Lease to Landlord by Original Landlord, and such assignment shall be a condition precedent to the effectiveness of this Amendment. The date upon which the assignment is made and this Amendment becomes effective shall be called the “Effective Date”.

2.        Transportation Demand Management Program.

The Lease is hereby amended to include the following provision:

Landlord and Tenant acknowledge that in connection with the development of the Project, the Peninsula Congestion Relief Alliance, on behalf of the Inter-City and Multi-City TSM Agencies, San Mateo County, will propose a Transportation


Demand Management (“TDM”) program which will focus on reducing traffic congestion in the vicinity of the Project. The parties further acknowledge that implementation of the TDM program is expected to be required by the City of South San Francisco as a condition of approval of the development of the Project. Tenant agrees to cooperate with Landlord in the implementation of the TDM program, to participate in the TDM program, and to pay Tenant’s Proportionate Share of the costs related to the TDM program.

3.        Counterparts.

This Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. Signature pages may be detached from the counterparts and attached to a single copy of this Amendment to physically form one document.

4.        Reaffirmation of Obligations.

Tenant hereby acknowledges and reaffirms its obligations under the Lease, as such Lease has been amended by this Amendment, and agrees that any reference made in any other document to the Lease shall mean the Lease as amended pursuant to this Amendment, Except as expressly provided herein, the Lease remains unmodified and in full force and effect. Any breach by Tenant of this Amendment, including any exhibit hereto, shall constitute a breach and default by Tenant under the Lease.

5.        Time of Essence.

Time is of the essence with respect to each provision of this Agreement.

 

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IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be duly executed and delivered as of the date first above written.

 

LANDLORD

ARE-Technology Center SSF, LLC,

a Delaware limited liability company

By:  

Alexandria Real Estate Equities, L.P.,

a Delaware limited partnership

its managing member

  By:  

ARE-QRS CORP.,

a Maryland corporation,

its general partner

    By:  

 

    its:  

 

 

TENANT

VIROLOGIC, INC.,

a California corporation

By:  

[Illegible]

Its:  

President

 

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