Second Amendment and Partial Termination of Lease Agreement between Three Sisters Ranch Enterprises and Conceptus, Inc.

Summary

This agreement is between Three Sisters Ranch Enterprises (landlord) and Conceptus, Inc. (tenant). It partially terminates the tenant's lease for two units (981 B and 981 D Industrial Road) at the San Carlos Business Park, effective December 1, 1997. Conceptus, Inc. agrees to pay a termination fee of $89,557.50 and must vacate the premises in clean condition, returning all keys. All other terms of existing leases remain unchanged, but failure to pay the termination fee will be treated as a default under all leases.

EX-10.23 7 dex1023.txt SECOND AMENDMENT TO LEASE AGREEMENT WITH THREE SISTERS RANCH Exhibit 10.23 THREE SISTERS RANCH ENTERPRISES LEASE ADDENDUM & PARTIAL TERMINATION AGREEMENT TENANT Conceptus, Inc. TENANT'S ADDRESS: 981 Industrial Road San Carlos, CA 94070 LANDLORD: Three Sisters Ranch Enterprises LANDLORD'S ADDRESS: P.O. Box 1444 San Carlos, CA 94070 Project: San Carlos Business Park Description That six (6) building project totaling approximately 123,280 square feetcommonly known as San Carlos Business Park, San Carlos, California LEASE TERMINATION: Tenant, by this Addendum, terminates its right of use or occupancy as to 981 B and 981 D Industrial Road, San Carlos (approximately 11,941 square feet +/-) as part of the demised Premises as of December 1,1997; Tenant shall pay the sum of $89,557.50 as a termination fee (an agreed upon sum based upon a calculation of six months' rent composed of six times the sum of $12,538.05 of monthly base rent and $2,388.20 of monthly CAM costs); Tenant shall leave the Premises in broom swept clean condition free of debris and shall return all keys to Landlord; all terms and conditions of the other existing leases between Landlord and Tenant shall remain the same except failure to make payment hereunder at time of execution shall constitute a default under all existing leases with Landlord and shall be treated as failure to pay Rent. THREE SISTERS RANCH ENTERPRISES "Landord" /s/ Martin E. Ruberry - ------------------------------------- Martin E. Ruberry General Manager CONCEPTUS, INC. By: /s/ Kathryn Tunstall ---------------------------------- Kathryn Tunstall, President and CEO