Exhibit 10.10
LETTER OF AGREEMENT BETWEEN: UNIVERSITY CITY SCIENCE
CENTER (LESSOR)
AND
GREENTREE NUTRITION, INC.
(LESSEE)
RE: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇
Effective February 1, 1999, the lease agreement dated February 13, 1997
between Lessor and Lessee now consisting of approximately 1,789 gross square
feet is modified as follows:
1. The demised premises shall increase by Suite 228, approximately 650
gross square feet (as noted on the attached floor plan). Therefore, the
total space occupied shall be approximately 2,439 gross square feet.
2. The lease term shall be the same as Lessee's existing space.
3. The minimum fixed annual rent shall increase to Thirty-five Thousand
Seven Hundred Forty-Six Dollars ($35,746.00), payable in equal monthly
installments in advance and without demand, of Two Thousand Nine Hundred
Seventy-Eight Dollars and Thirty-Four Cents ($2,978.34).
GROSS ANNUAL MONTHLY
SUITE SQ.FT. RATE RENT
225 539 $18.00 $11,502.00 $ 958.50
224 824 $16.00 $13,184.00 $1,098.67
224A 326 $10.00 $ 3,260.00 $ 271.67
228 650 $12.00 $ 7,800.00 $ 650.00
TOTAL 2,439 $35,746.00 $2,978.84
4. The monthly use and occupancy tax shall be $94.17.
5. Any additional improvements, including electrical and/or lighting, shall
be at Lessee's sole expense, and they must be presented to Lessor for
approval.
6. Lessee shall pay an additional security deposit in the amount of $650.00
to Lessor upon execution of this Agreement.
Except as expressly stated in this Agreement, all other terms and
conditions of the Lease Agreement dated February 13, 1997 remain in full force
and effect.
ACCEPTED FOR: ACCEPTED FOR:
UNIVERSITY SCIENCE CENTER GREENTREE NUTRITION, INC.
_____________________________ _____________________________
Name Name
_____________________________ _____________________________
Title Title
_____________________________ _____________________________
Date Date
ASSIGNMENT OF LEASE AGREEMENT
THIS AGREEMENT made this 7th day of December, 1998, by and between
UNIVERSITY SCIENCE CENTER (hereinafter called "Lessor") whose address is ▇▇▇▇
▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and ACUMIN CORPORATION
(hereinafter called "Lessee") whose address is ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇,
▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇.
WITNESSETH:
WHEREAS, Lessor entered into a certain Lease, dated February 13, 1997
(hereinafter called "Lease") with Lessee, covering the premises consisting of
approximately 639 gross square feet of laboratory space in the building known as
▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, as amended to consist of
approximately 1,789 gross square feet of office and laboratory space.
WHEREAS, the Lessor and Lessee are desirous of amending the Lease as to
certain terms and conditions, and
NOW, THEREFORE, in consideration of their mutual covenants and intending to
be bound hereby, the parties agree as follows:
1. Consent by Lessor to Assignment of Lease. UNIVERSITY SCIENCE CENTER,
the Lessor named in the above-referenced Lease dated February 13,
1997, hereby agrees that Acumin Corporation, the Lessee under said
Lease, may assign all its rights under the said Lease to GREENTREE
NUTRITION, INC., whose address is ▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇
▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, its successors and assigns, for the remaining
term of the said Lease. This consent is subject to the payment of all
rents reserved in said Lease and the performance of all duties,
covenants, obligations, conditions, and terms contained therein. This
assignment does not relieve Acumin Corporation of its liability under
the Lease.
2. Amendment of Lease. The Lease is hereby amended as hereinafter set
forth, effective as of January 1, 1999.
IN WITNESS WHEREOF, the parties hereto have executed this amendment the day and
year aforesaid.
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BY: s/▇▇▇▇▇▇▇▇ ▇. BY: s/▇▇▇▇▇▇▇▇ ▇. BY: s/▇▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇ Oberwager ______________
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ASSIGNOR: ASSIGNEE: LESSOR:
ACUMIN CORPORATION GREENTREE NUTRITION, UNIVERSITY CITY SCIENCE
INC. CENTER
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Name: s/_____________ Name: s/_____________ Name: s/_____________
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Title: s/President Title: s/CFO Title: s/SVP
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Date: s/12/7/98 Date: s/12/7/98 Date: s/12/11/98
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