SECOND AMENDMENT TO LEASE: RENEWAL
SECOND
AMENDMENT TO LEASE: RENEWAL
I PARTIES
This
amendment is executed in Aliso Viejo, California on August 24, 2009, by and
between VIKING INVESTROS BARENTS SEA, LLC. (“Lessor”) and CRYOPORT SYSTEMS,
INC., (“Lessee”), for the property known as ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇.
II RECITALS
Lessor
and Lessee being parties to that certain lease dated June 26, 2007, attached
hereto as Exhibit “A”, hereby express their mutual desire to extend the lease
per the terms and conditions of this Second Amendment To Lease:
Renewal.
III AMENDMENTS
“LEASE
TERM”: The lease term shall be extended for an additional twelve (12) months,
until August 31, 2010.
‘RENT”
shall hereinafter be paid as follows.
September
1, 2009 – August 31, 2010: Base rent to be $9,885 NNN per month.
In
addition to the Base Rent Lessee shall be responsible for additional NNN charges
according to the provisions of the original lease.
“BALANCE
OF SECURITY DEPOSIT”: Lessor and Lessee agree that the balance of the security
deposit is $9,358.
“CANCELLATION
CLAUSE”: Lessee shall have the right to cancel the lease with a minimum of 120
day written notice at anytime as of November 30, 2009. In the event Lessee does
exercise its option to cancel the lease, Lessee shall reimburse Lessor of the
unearned leasing commissions paid to Cresa Partners.
IV INCORPORATION
Except as
modified herein, all other terms and conditions of the lease between the parties
above described, as attached hereto, shall continue in full force and
effect.
In
Witness Whereof, Lessor and Lessee have executed this amendment as of the day
and year first above written.
LESSOR:
VIKING INVESTORS BARENTS SEA LLC
/s/
▇▇▇-▇▇▇▇ Palm
▇▇▇-▇▇▇▇
Palm, Managing Member
LESSEE:
CRYOPORT SYSTEMS, INC.
By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇