FOURTH AMENDMENT TO LEASE
This FOURTH AMENDMENT TO LEASE (Fourth Amendment) is made and entered into as of the 10th day of September, 2019, by and between HCP TORREY PINES, LLC, a Delaware limited liability company (Lessor), and DERMTECH, INC., a Delaware corporation (Lessee).
R E C I T A L S :
A. Lessor (as successor-in-interest to AG/Touchstone TP, LLC, a Delaware limited liability company) and Lessee (as successor-in-interest to DERMTECH INTERNATIONAL, a California corporation ) are parties to that certain Standard Multi-Lessee Office Lease Net dated January 25, 2013 (the Original Lease), as amended by that certain Addendum to Lease dated January 25, 2013 (the Addendum), as further amended by that certain First Amendment to Standard Rental Lease, Storage Lease and Signage Lease to Expand and Extend Term dated January 30, 2014 (the First Amendment), and as further amended by that certain Assignment, Consent to Assignment. and Second Amendment to Standard Multi-Lessee Office Lease Net (the Second Amendment), and as further amended by that certain Third Amendment to Lease dated August 6, 2019 (the Third Amendment, and together with the Original Lease, Addendum, First Amendment and Second Amendment, collectively, the Lease), whereby Lessor leases to Lessee, and Lessee leased from Lessor. that certain 13,184 rentable square feet of space commonly known as Suites 100, 130 and 210 (collectively, the Existing Premises) and located on the first (1st) and second (2nd) floors of that certain building located at 11099 North Torrey Pines Road, San Diego, California (the Building).
B. Lessor and Lessee desire, (i) to expand the Existing Premises to include that certain space consisting of approximately 2,171 rentable square feet of space located on the first (1st) floor of the Building (the Expansion Premises), as delineated on Exhibit A attached hereto and made a part hereof, and (ii) to make other modifications to the Lease, and in connection therewith, Lessor and Lessee desire to amend the Lease as hereinafter provided.
A G R E E M E N T :
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:
1. Capitalized Terms. All capitalized terms when used herein shall have the same meaning as is given such terms in the Lease unless expressly superseded by the terms of this Third Amendment.
2. Modification of Premises. Effective as of the date that Lessor delivers the Expansion Premises to Lessee (the Expansion Commencement Date). Lessee shall lease from Lessor and Lessor shall lease to Lessee the Expansion Premises. Consequently, effective upon the Expansion Commencement Date, the Existing Premises shall be increased to include the Expansion Premises. The Term of Lessees lease of the Expansion Premises shall expire co-terminously with Lessees lease of the Existing Premises on March 31, 2022. The period of time commencing on the Expansion Commencement Date and terminating on March 31, 2022, shall be referred to herein as the Expansion Term. Lessor and Lessee hereby acknowledge that such addition of the Expansion Premises to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the size of the Premises to approximately 15,355 rentable square feet. The Existing Premises and the Expansion Premises may hereinafter collectively be referred to as the Premises.
3. Base Rent for Expansion Premises. Commencing on the Expansion Commencement Date and continuing throughout the Expansion Term, Lessee shall pay to Lessor monthly installments of Base Rent, pursuant to the terms of the Lease, for the Expansion Premises as follows (the first Expansion Term Lease Year shall be the first full twelve (12) consecutive calendar months in addition to any partial calendar month at the beginning of the Expansion Term should the Expansion Commencement Date not fall on the first (1st) day of a calendar month, and each following Expansion Term Lease Year shall be the succeeding twelve (12) month period):