EXHIBIT 10.08
[LOGO] ▇▇▇▇▇/ARRITTAGA
March 31, 1995
▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Vice President of Finance and Administration
PRISM SOLUTIONS, INC.
▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
RE: CONSENT TO SUBLEASE TO CENTAUR PHARMACEUTICALS, INC., A DELAWARE
CORPORATION ("Sublessee")
Gentlemen:
This letter is written with regard to your proposed sublease of all of the
eleven thousand four hundred (11,400) square feet of space (as shown on Exhibit
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A attached hereto) (the "Sublet Premises") located at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇,
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▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇. The sublease is subject to that certain Lease Agreement
dated November 25, 1992 ("Master Lease"), by and between Oakmead Associates
("Master Lessor"), and Nycomed Salutar, Inc. a California corporation
("Lessee"), and that certain sublease by and between Lessee and Prism Solutions,
Inc., a California corporation ("Sublessor") dated January 17, 1994. A copy of
the Sublease (the "Sublease") proposed by you is set forth in Exhibit B attached
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hereto.
Master Lessor hereby approves Sublessor's sublease of the Sublet Premises
to Sublessee under the Sublease, subject to the following terms and conditions:
1. In approving such Sublease, Master Lessor is in no way relieving Lessee or
Sublessor from any obligation to perform each and every term, covenant, and
condition of the Master Lease.
2. Sublessee shall have no rights or privileges in excess of those given
Lessee under the terms of the Master Lease.
3. In approving said Sublease, Master Lessor is in no way approving any term,
covenant, or condition contained therein, and said Sublease is subject and
subordinate to all terms,
Page 2
covenants, and conditions of the Master Lease. In the event of conflict in the
terms, covenants, and conditions between the Sublease and the Master Lease, the
terms, covenants, and conditions of the Master Lease shall prevail and take
precedence over the Sublease. This consent shall in no event be construed as
consent to any future sublease or assignment between Sublessor and Sublessee, or
any other party; and any future sublease or assignment proposed by ▇▇▇▇▇▇,
Sublessor, or and Sublessee, or any other third party shall require the prior
written consent of Master Lessor.
4. A. As a condition to our consent, Sublessor and Sublessee hereby agree
that in the event Master Lessor terminates the Master Lease, pursuant to any
right contained therein, the Sublease shall automatically terminate
simultaneously with the Master Lease, in Master ▇▇▇▇▇▇'s sole and absolute
discretion. Notwithstanding the foregoing, Master Lessor may choose to allow
Sublessee to remain in possession of the Sublet Premises subject to all terms,
covenants, and conditions of the Master Lease by giving Sublessee written
approval thereof. In such event, Sublessee shall remain in possession of the
Sublet Premises under the terms of the Sublease, subject to all terms,
covenants, and conditions of the Master Lease. Such election by Master Lessor
shall not operate as a waiver of any claims Master Lessor may have against
Lessee or Sublessee. Following such written notice by Master Lessor, Sublessee
shall be liable to and shall attorn directly to Master Lessor as though the
Sublease were executed directly between Master Lessor and Sublessee; provided,
however, that whether Master Lessor elects to allow Sublessee to remain in
possession of the Sublet Premises under the terms of the Sublease, subject to
the Master Lease, or elects to allow the Sublease to terminate concurrently with
the Master Lease, Master Lessor shall not, in any event, be responsible or
liable to Sublessee for (i) the return of any security deposit paid by Sublessee
to Sublessor, nor shall Sublessee by given credit for any prepaid rental or
other monetary consideration paid by Sublessee to Sublessor under the Sublease;
(ii) any other claim or damage of any kind or nature whatsoever by reason of or
in connection with Master ▇▇▇▇▇▇'s termination of the Master Lease and/or
Sublease; and (iii) any default of Sublessor under the Sublease.
B. In the event Master Lessor has terminated the Master Lease pursuant to
the foregoing, the Sublease shall terminate coterminously with the effective
termination of the Master Lease automatically, without notice, and Sublessee and
/or Sublessor, jointly and severally, shall surrender the Sublet Premises to
Master Lessor in good condition and repair as of the effective date of
termination of the Master Lease. In the event Sublessee and/or Sublessor fails
to timely surrender the Sublet Premises to Master Lessor in good condition and
repair as of the date the Master Lease terminates, Sublessee, Sublessor, and/or
Lessee, jointly and severally, shall be liable to Master Lessor in such event
for all damages, costs, claims, losses, liabilities, fees or expenses sustained
by or asserted against Master Lessor, including, but not limited to, loss of
rental income, attorney's fees, and court costs resulting from or in connection
with ▇▇▇▇▇▇▇▇▇'s failure to timely vacate the Sublet Premises and surrender the
Sublet Premises to Master Lessor as of the effective date of termination of the
Master Lease.
Page 3
C. In consideration of Master ▇▇▇▇▇▇'s consent to Sublease, Sublessor
irrevocably assigns to Master ▇▇▇▇▇▇, as security for ▇▇▇▇▇▇'s obligations under
the Master Lease, all rent and income payable to Sublessor under the Sublease.
In the event of a default under the terms of the Master Lease, Master Lessor, in
its sole and absolute direction, may collect all rent due under the Sublease and
apply it towards Lessee's obligations under the Master Lease Sublessor and
Sublessee agree to pay same to Master Lessor upon demand without the requirement
of further consent of Sublessor and Sublessee; provided, however, that until the
occurrence of a default by Lessee under the Master Lease, Sublessor shall have
the right to collect such rent. Sublessor hereby irrevocably authorizes and
directs Sublessee, upon receipt of written notice from Master Lessor stating
that a default exists in the performance of ▇▇▇▇▇▇'s and/or Sublessor's
obligation under the Master Lease, to pay to Master Lessor the rents due and to
become due under the Sublease. Sublessor agrees that Sublessee shall have the
right to rely on any such statement and request from Master Lessor, and that
Sublessee shall pay such rents to Master Lessor without any obligation or right
to inquire as to whether such default exists and notwithstanding any notice or
claim from Lessee or Sublessor to the contrary. If a default exists, Sublessor
shall have no right or claim against Sublessee or Master Lessor for any such
rents so paid by Sublessee to Master Lessor. Neither Sublessor's assignment of
such rent and income, nor Master ▇▇▇▇▇▇'s acceptance of any payment of rental or
other sum due by Sublessee to Sublessor under the Sublease, whether payable
directly to Master Lessor or endorsed to Master Lessor by Sublessor, shall in
any way be construed as creating a direct contractual relationship between
Master Lessor and Sublessee, unless the parties expressly agree to a direct
contractual relationship in writing, and such acceptance shall be deemed to be
an accommodation by Master Lessor to, and for the convenience of, Sublessor and
Sublessee.
▇. ▇▇▇▇▇▇▇▇ to the provisions of Paragraph 16 entitled "Assignment and
Subletting" of the Master Lease, Master Lessor hereby requires Sublessor to pay
to Master Lessor, as Additional Rent, fifty percent (50%) of all rents or
additional consideration received by Sublessor from the Sublease in excess of
the Rent payable to Master Lessor in the Master Lease (hereinafter referred to
as "Excess Rent"). Sublessor and Sublessee acknowledge that any Excess Rent is
owed to Master ▇▇▇▇▇▇, and Sublessor hereby agrees to pay any Excess Rent to
Master Lessor upon receipt of the same. Sublessor and Sublessee represent and
warrant to Master Lessor that: (1) information to be completed and provided by
Lessee and Sublessee on the attached "Summary of Amounts/Consideration to be
paid by Sublessee" as Exhibit C accurately represents amounts to be paid by
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Sublessee under the Sublease; (2) no additional consideration is due Sublessor
under the Sublease, other than the additional consideration (if any) identified
in the Sublease; and (3) no changes in the terms and/or conditions of the
Sublease shall be made without Master ▇▇▇▇▇▇'s prior written approval.
E. This Consent to Sublease shall only be considered effective, and
Master ▇▇▇▇▇▇'s consent to Sublease given, when this Letter Agreement is
executed by Master ▇▇▇▇▇▇,
Page 4
Lessee, Sublessor and Sublessee. Please execute this letter in the space
provided below, obtain the signature of ▇▇▇▇▇▇ and Sublessee, and return all
copies to our office. A fully executed original will be returned to you after
execution by the Master ▇▇▇▇▇▇.
5. The parties agree as follows with respect to the existence or use of
Hazardous Materials on the Premises, the Building, or the Property:
A. Commencing with the date of Consent to Sublease of said Sublease,
Sublessee, at its sole cost, shall comply with all laws relating to the storage,
use, and disposal of Hazardous Materials that Sublessee, its agents, employees,
contractors, invitees or other parties bring or permit to be brought onto the
Premises, the Building, or the Property. If Sublessee intends to store, use, or
dispose of any Hazardous Materials, Sublessee shall first notify Master Lessor
and Sublessor in writing. Such Hazardous Materials shall not be stored, used, or
disposed of on the Premises without Master ▇▇▇▇▇▇'s and Sublessor advance
written approval. Notwithstanding anything to the contrary in the Master Lease,
Lessee, Sublessor, and Sublessee shall be subject to the following provisions:
B. Any handling, transportation, storage, treatment, disposal or use
of Hazardous Materials by Sublessee shall strictly comply with all applicable
Hazardous Materials Laws. Lessee, Sublessor, and Sublessee shall indemnify,
defend upon demand with counsel reasonably acceptable to, and hold harmless
Master Lessor from and against any liabilities, losses, claims, damages, lost
profits, consequential damages, interest, penalties, fines, monetary
sanctions, attorneys' fees, experts' fees, court costs, remediation costs,
investigation costs, and other expenses which result from or arise in any manner
whatsoever out of the use, storage, treatment, transportation, release, or
disposal of Hazardous Materials on or about the Premises or Property by
Sublessee after the date of the Consent to Sublease.
C. If the presence of Hazardous Materials on the Premises, the
Building or the Property caused or permitted by Sublessee after the date of the
Consent to Sublease results in contamination or deterioration of water or soil
resulting in a level of contamination greater than the levels established as
acceptable by any governmental agency having jurisdiction over such
contamination, Sublessee shall promptly take any and all action necessary to
investigate and remediate such contamination if required by Law or as a
condition to the issuance or continuing effectiveness of any governmental
approval which relates to the use of the Premises, the Building or the Property
or any part thereof. Lessee, Sublessor and Sublessee shall further be jointly
and severally responsible for, and shall defend, indemnify and hold Master
Lessor and its agents harmless from and against all claims, costs and
liabilities, including attorneys' fees and costs, arising out of or in
connection with any investigation and remediation required hereunder to return
the Premises, the Building or the Property to its condition existing prior to
the appearance of such Hazardous Materials. Notwithstanding anything to the
contrary above, Sublessee, shall not be responsible or liable
Page 5
to remediate or restore the Premises, Building, or the Property, or to indemnify
Master lessor and its agents under any provision of this Consent or of the
Master Lease for any Hazardous Materials contamination caused by Lessee or
Sublessor, or which occurred prior to the date of the Consent to Sublease of
said Sublease or for any off-site migration of Hazardous Materials onto the
Property which was not caused by or contributed to by Sublessee.
D. Sublessee shall give written notice to Master ▇▇▇▇▇▇ and
Sublessor as soon as reasonably practicable of (i) any communication received
from any governmental authority concerning Hazardous Materials which relates to
the Premises, the Building or the Property, and (ii) any contamination thereof
by Hazardous Materials which constitutes a violation of any Hazardous Materials
Law. Sublessee may use small quantities of household chemicals such as
adhesives, lubricants, and cleaning fluids in order to conduct its business at
the Premises and such other Hazardous Materials as are necessary for the
operation of Sublessee's business of which Master Lessor and Sublessor receive
notice prior to such Hazardous Materials being brought onto the Premises and
which Master Lessor consents in writing may be brought onto the Premises. At any
time during the Master Lease Term, Sublessee shall, within five (5) days after
written request thereof received from Master Lessor, disclose in writing all
Hazardous Materials that are being used by Sublessee on the Premises, the nature
of such use, and the manner of storage and disposal.
E. Master Lessor may cause testing ▇▇▇▇▇ to be installed on the
Premises or Property, and may cause the ground water to be tested to detect the
presence of Hazardous Material by the use of such tests as are then customarily
used for such purposes. If Sublessee so requests, Master Lessor shall supply
Sublessee with copies of such test results. The cost of such tests and of the
installation, maintenance, repair and replacement of such ▇▇▇▇▇ shall be paid by
Sublessee.
F. As used herein, the term "Hazardous Material" means any hazardous
or toxic substance, material or waste which is or becomes regulated by any local
governmental authority, the State of California or the United States Government.
The term "Hazardous Material" includes, without limitation, petroleum
products, asbestos, PCB'S, and any material or substance which is (i) listed
under Article 9 or defined as hazardous or extremely hazardous pursuant to
Article 11 of Title 22 of the California Administrative Code, Division 4,
Chapter 20; (ii) defined as a "hazardous waste" pursuant to Section 1004 of the
Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42
U.S.C. 6903)p or (iii) defined as a "Hazardous substance" pursuant to Section
101 of the Comprehensive Environmental Response, Compensation and Liability Act,
42 U.S.C. 6901 et seq. (42 U.S.C. 9601). As used herein, the term "Hazardous
Material Law" shall mean any statute, law, ordinance, or regulation of any
government body or agency (including the U.S. Environmental Protection Agency,
the California Regional Water Quality Control Board, and the California
Department of Health Services) which regulates the use,
Page 6
storage, release or disposal of any Hazardous Material.
G. The obligations of Lessee, Sublessor, and Sublessee under this
Paragraph 5 on Hazardous Materials shall survive the expiration or earlier
termination of the Sublease or the Master Lease Term. In the event of any
inconsistency between any part of this Consent, the Master Lease, the Sublease,
and this Paragraph 5, the terms of this Paragraph 5 shall control. Pursuant to
Paragraph 5, Lessee, Sublessor, and Sublessee shall jointly and severally be
responsible for and shall defend, indemnify, and hold Master Lessor and its
agents harmless from and against all claims, costs and liabilities, including
attorney's fees and costs, arising out of or in connection with the storage,
use, or disposal of Hazardous Materials in or about the Premises by Sublessee,
its agents, employees, contractors, or invitees which occur after the date of
the Consent to Sublease. Sublessee's responsibility and duty as set forth in
this Paragraph 5 shall not relieve Lessee or Sublessor of their responsibilities
and duties pursuant to Paragraph 49 of the Master Lease.
H. Master Lessor, Lessee, and Sublessor acknowledge that Sublessor
uses and stores Hazardous Materials necessary for its business under its lease
dated February 25, 1993 with Master Lessor for the property known as ▇▇▇ ▇▇▇▇▇▇▇
▇▇▇▇▇▇▇. Though primarily located at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ Hazardous
Materials may be used and stored at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ as well in accordance
with all applicable governmental laws and regulations. A copy of Sublessor's
Hazardous Materials Inventory submitted to the Sunnyvale, California Department
of Public Safety on December 8, 1994 is included as Exhibit C attached hereto.
(This space left blank intentionally.)
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EXHIBIT B
▇▇▇▇▇▇▇▇ ▇▇▇▇
CORPORATE REAL ESTATE SERVICES
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SUBLEASE DOCUMENT
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1. PARTIES
-------
▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Trustee, or his Successor Trustee UTA as Landlord. Nycomed
Salutar, Inc., as Master Tenant under the Master Lease. Prism Solutions,
Inc., as the "Sublessee" of Nycomed (The "Sublessor") under the Master
Lease, and Centaur Pharmaceuticals, Inc., as the "Sublessee" to Prism
Solutions, Incorporated.
This Sublease is made and entered into as of the Lease Date defined and
stated herein on Page 1., (the "Term") by and between PRISM SOLUTIONS,
INC., [The ("Sublessee") to that special Sublease dated January 17, 1994
under the Master Lease dated November 25, 1992) and shall hereinafter be
referred to as the ("Sublessor") and CENTAUR PHARMACEUTICALS, INC., the
("Sublessee"), in reference to this Sublease Agreement (The Second Sublease
Agreement)], and also under the Master Lease dated November 25, 1992
entered into by ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Trustee, or his Successor Trustee UTA dated
7/20/77 (▇▇▇▇ ▇▇▇▇▇▇▇▇▇ SEPARATE PROPERTY TRUST) as amended, and ▇▇▇▇▇▇▇ ▇.
▇▇▇▇▇, Trustee, or his Successor Trustee UTA dated 7/20/77 (▇▇▇▇▇▇▇ ▇.
▇▇▇▇▇ SEPARATE PROPERTY TRUST), as amended, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Individually,
and ▇▇▇▇▇ ▇▇▇▇▇, Individually, dba OAKMEAD ASSOCIATES, as Lessor, and
Sublessor under this Sublease as Lessee; a copy of the Master Lease is
attached hereto as Exhibit "A".
2. PREMISES
--------
Sublessor leases to Sublessee and Sublessee leases from Sublessor the
Premises shown on the floor plan attached hereto as Exhibit "B", together
with the appurtenances, situated in the City of Sunnyvale, County of Santa
▇▇▇▇▇, State of California, commonly known and described as a portion of
480 Oakmead Parkway and comprising approximately 11,400 square feet.
SUBLEASE
PAGE TWO
3. COMMENCEMENT DATE
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Sublessor shall deliver possession of the Premises to Sublessee on April
24, 1995, and such date hereinafter shall be referred to as the
"Commencement Date"
4. TERM
----
The term of this Sublease shall be from the Commencement Date until
February 28, 1998.
5. RENTAL
------
From the Commencement Date through February 28, 1998 (The Expiration), the
rent shall be $0.80 NNN per square foot per month ($9,120.00). Upon
execution of this sublease, Sublessee shall deposit with Sublessor an
amount of ELEVEN THOUSAND TWO HUNDRED FORTY EIGHT AND 00/100 DOLLARS
($11,248.00), representing rental for the period from April 24, 1995 (the
Commencement Date) to April 30, 1995 plus the Security Deposit in the
amount of $9,120.00 referred to in paragraph 6
6. SECURITY DEPOSIT
----------------
Sublessee shall deposit with Sublessor upon the execution hereof in the
amount of $9,120.00 as security for ▇▇▇▇▇▇▇▇▇'s faithful performance of
▇▇▇▇▇▇▇▇▇'s obligation hereunder. If Sublessee fails to pay rent or other
charges due hereunder, or otherwise breaches or defaults on with respect to
any provision of this Sublease, Sublessor may use, apply or retain all or
any portion of said deposit for the payment of any rent or other charge in
default or for the payment of any other sum to which Sublessor may become
obligated, and actually pays by reason of Sublessee's default, or to
compensate Sublessor for any expense, cost, loss or damage which Sublessor
actually incurs thereby. If Sublessee performs all of Sublessee's
obligations hereunder, said deposit, or so much thereof as has not
heretofore been applied by Sublessor, shall be returned, without payment of
interest or other increment for its use to Sublessee at the expiration of
the term hereof.
SUBLEASE
PAGE THREE.
7. USE
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Sublessee shall use the premises for general office, laboratory use, and
all legally related uses necessary for Sublessee to conduct its daily
business.
8. PROVISIONS CONSTITUTING SUBLEASE
---------------------------------
a. This sublease is subject to all of the terms and conditions of the
Master Lease in Exhibit "A" and Sublessee shall assume and perform the
obligations of the Lessee in said Master Lease, to the extent said
terms and conditions are applicable to the Premises subleased pursuant
to this Sublease. Sublessee shall not commit or permit to be committed
on the Premises any act or omission which shall violate any term or
condition of the Master Lease. In the event of termination of
Sublessor's obligations and interest as a Lessee under the Master
Lease for any reason, then this Sublease shall terminate
coincidentally therewith without Sublessor incurring any liability as
a result thereof to Sublessee. Sublessor has no obligation to renew
its contract under the Master Lease.
b. All of the terms and conditions contained in the Master Lease are
incorporated herein. In the event of any express conflict between the
terms and conditions in this Sublease and those set forth in the
Master Lease, the latter shall control.
9. ASSIGNMENT OF SUBLEASE
----------------------
Sublessee shall not assign this Sublease or any interest herein, nor sublet
the demised premises or any part thereof, nor any right or privilege
appurtenant thereto, nor permit the occupancy or use of any part thereof by
any person without the prior written consent of Sublessor, which shall not
be unreasonably withheld. Any assignment, further subletting, occupancy or
use without the prior written consent of the Sublessor shall constitute a
breach of this Sublease Agreement and Sublessor may, at the option of the
Sublessor terminate this Sublease.
SUBLEASE
PAGE FOUR.
10. TRIPLE NET EXPENSES
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Sublessee shall pay all pass-through expenses and other charges (whether
described as additional rent or otherwise) payable under the Master Lease
in respect of the Premises covered by this Sublease. Sublessee shall pay
all real property taxes assessed with respect to any alterations or
additions, if any, to the Premises installed by Sublessee in accordance
with the Sublease.
11. CONDITIONS OF PREMISES
----------------------
Sublessor will deliver the Premises in good operating condition and free
and clear of debris. Sublessor has not received written notice of any Code
violations that exist or have existed in the Premises, and to the best of
its knowledge, no such code violations exist or have existed in the
Premises. Any additional costs that would become evident because of Code
requirements other than code violations of which Sublessor has received
written notice are not the responsibility of the Sublessor, but would
become additional Tenant Improvement cost to Sublessee.
Sublessor warrants that the HVAC equipment has been maintained on a regular
schedule since the commencement of Sublessor's lease, and to the best of
Sublessor's knowledge is currently in good operating condition. Sublessor
also warrants to the best of Sublessor's knowledge that all the plumbing
and electrical within the Premises are in good operating condition.
12. HAZARDOUS MATERIALS
-------------------
Subject to the remaining provisions of this paragraph, Sublessee shall be
entitled to use and store only those Hazardous Materials that are necessary
for Sublessee's business, provided that such usage and storage is in full
compliance with all applicable local, state and federal statutes, orders,
ordinaces, rules and regulations (as interpreted by judicial and
administrative decisions). Should Sublessee and Sublessee's employees and
agents generate, release, or dispose of, or allow the release of any
hazardous materials on the subject property; then Sublessee shall
indemnify, defend
SUBLEASE
PAGE FIVE.
HAZARDOUS MATERIALS (CONTINUED)
------------------------------
and hold Sublessor harmless from and against any and all claims, judgments,
damages, penalties, fines, liabilities, losses suits, administrative
proceedings and costs (including, but not limited to, reasonable attorneys'
and consultant fees) arising from or related to the use, presence,
transportation, storage, disposal, spill, release or discharge of Hazardous
Materials on or about the Premises caused by the acts or omissions of
Sublessee, its agents, employees, representatives, invitees, licensees,
subtenants, customers or contractors.
13. ALTERATIONS AND ADDITIONS
-------------------------
Any construction work to be done by Sublessee within the premises during
this sublease term shall require the written approval of Sublessor and
Master lessor, prior to commencement of such construction work. Sublessee
shall submit construction documents to Sublessor for approval. Such
Sublessee approval shall be handled expeditiously and shall not be
unreasonably withheld. When and if the construction work is approved, it
will be contracted with a licensed and bonded California contractor.
Furthermore, Sublessee covenants and agrees, at its sole costs and expense,
to fully restore the premises to the original condition found upon
Sublessor's initial occupancy, subject to allowances for normal wear and
tear.
14. COMMISSION
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Upon execution of this Sublease, PRISM SOLUTIONS, INC., shall pay ▇▇▇▇▇▇▇▇
▇▇▇▇ (Broker), fees set forth in a separate agreement between Sublessor and
Broker. Each party represents to the other that is has not dealt with any
other broker of finder in reference to the subject transaction.
SUBLEASE
PAGE SIX.
Dated: 3/13/95 Dated: 3/14/95
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/s/ ▇▇▇ ▇▇▇▇▇▇▇▇ /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
------------------------ ------------------------
▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
V.P. of Finance and Administration President and Chief Executive
Prism Solutions Inc., (Sublessor) Officer Centaur Pharmaceuticals,
Inc., (Sublessee)
Dated: 3/22/95
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[SIGNATURE ILLEGIBLE]
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Nycomed Salutar, Inc.,
(Master Tenant)
IN WITNESS WHEREOF, the parties hereto have executed this Sublease in duplicate.
CONSENT TO SUBLEASE
DATED:__________________ ________________________
▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Trustee
Lessor under the Master Lease
EXHIBIT A
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[DESCRIPTION OF PROPERTY APPEARS HERE]
EXHIBIT B
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[DESCRIPTION OF PROPERTY APPEARS HERE]
EXHIBIT C TO "CONSENT TO SUBLEASE"
SUMMARY OF AMOUNTS/CONSIDERATION TO BE PAID BY SUBLESSEE
PERIOD* BASIC RENT R.E TAXES PROP. INS. UTILITIES LANDSCAPE MISCELLANEOUS
BY MONTH TOTAL PSF TOTAL PSF TOTAL RSF TOTAL PSF TOTAL PSF TOTAL PFS
================== ========= ====== ========= ====== ======= ====== ======= ====== ======= ===== ======= =======
4/24/95 - 2/28/98 /// $ .80NNN /// /// /// /// ///
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PERIOD* MISCELLANEOUS TOTAL CHARGE PER PERIOD
BY MONTH TOTAL PSF TOTAL PSF
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4/24/95 - 2/28/98 /// ///
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ADDITIONAL CONSIDERATION: YES_______ NO______
IF "YES", IDENTIFY TYPE CONSIDERATION AND DOLLAR VALUE ASSIGNED TO SAID
CONSIDERATION: TYPE________________ $ VALUE_______________
*IF PAYMENTS ARE REQUIRED OTHER THAN MONTHLY, PLEASE INCLUDE THESE PAYMENTS AS
WELL.
**IF SUBLEASE RENT PAID INCLUDES MISCELLANEOUS EXPENSES, PLEASE IDENTIFY THE $
AMOUNT / PSF OF THE TOTAL RENT PAYMENT ALLOCATED TO BASIC RENT AND EACH
ADDITIONAL EXPENSE ITEM.
IF ADDITIONAL SPACE IS NEEDED, PLEASE DUPLICATE AND ATTACH
LESSEE:
By /s/ ▇▇▇ ▇▇▇▇▇▇▇▇
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Printed: ▇▇▇▇▇▇▇▇
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Title Vp
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SUBLESSEE:
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
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Printed: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
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Title: President
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