THIS AGREEMENT OF SUBLEASE (Sublease) made as of July 19, 2021, by and between DataRobot, Inc., a Delaware corporation, having an office at 225 Franklin Street, Boston, MA 02110 (Sublandlord), and Atea Pharmaceuticals, Inc., a Delaware corporation, having an office at 125 Summer Street, Boston, MA 02110 (Subtenant).
W I T N E S S E T H:
A. Pursuant to an Office Lease Agreement dated as of December 13, 2018 (Original Lease), as amended by (i) First Amendment to Lease dated as of June 18, 2019 (First Amendment), (ii) Second Amendment to Lease dated as of August 28, 1919 (Second Amendment), (iii) Third Amendment to Lease dated as of December ___, 2020 (Third Amendment) (collectively, the Prime Lease), 225 Franklin Owner (DE) LLC (Prime Landlord) leased to Sublandlord approximately 127,482 rentable square feet of office space (the Premises) in the building located at 225 Franklin Street, Boston, Massachusetts (the Building); and
B. Sublandlord desires to sublease to Subtenant, and Subtenant desires to sublease from Sublandlord, approximately 17,544 rentable square feet of the Premises, which space (the Subleased Premises) consists of a portion of the twenty first (21st) floor of the Building shown as cross-hatched on the 21st Floor plan annexed hereto as Exhibit A);
NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, Sublandlord and Subtenant hereby agree as follows:
1. Defined Terms. Any capitalized terms used in this Sublease but not defined herein shall have the meaning ascribed to said terms in the Prime Lease.
2. Demise. Subject to the Prime Landlords delivery of the Consent (as hereinafter defined), Sublandlord hereby subleases and demises to Subtenant, and Subtenant hereby takes and rents from Sublandlord, the Subleased Premises, in accordance with and subject to the terms and conditions of this Sublease. The Subleased Premises are hereby conclusively agreed to contain 17,544 rentable square feet. This Sublease is subject and subordinate to the Prime Lease and to the lien of any mortgage that may now or at any time in the future encumber the Building and/or the land on which the Building is located.
3. Sublease Term; Commencement Date. The term of this Sublease (the Term) shall commence on the on the date (the Commencement Date) which is the earlier to occur of (i) the date Subtenant first takes occupancy of the Subleased Premises for the purposes of conducting its business therein and (ii) January 1, 2022 (the Delivery Date), and shall expire on December 31, 2026, unless terminated earlier in accordance with the provisions of this Sublease (the Expiration Date). Notwithstanding anything to the contrary set forth in this Sublease, in no event shall the Commencement Date occur prior to (a) receipt of a fully executed Consent from the Prime Landlord or (b) January 1, 2022 unless Subtenant shall, in its sole discretion, elect to take occupancy of the Premises for the purpose of conducting its business therein prior to January 1, 2022. The existence of this Sublease is dependent and conditioned upon the continued existence of the Prime Lease, and this Sublease shall automatically terminate on the termination, cancellation or expiration of the Prime Lease.
4. Use. The Subleased Premises shall be used by Subtenant for general office purposes for the conduct of Subtenants business and uses ancillary thereto which would not violate the Prime Lease, and for no other purpose whatsoever. Notwithstanding anything to the contrary contained in this Sublease or the Prime Lease, Subtenant shall not cause or permit any hazardous substance, material or waste (other than hazardous substances contained in typical office products, such as toner or whiteout) to