Amendment to Sublease Agreement between Applera Corporation and Deltagen Inc., Approved by Ceretek, LLC and 1501 Harbor Bay, L.P.

Contract Categories: Real Estate › Lease Agreements
Summary

This amendment modifies the sublease agreement dated June 15, 2001, between Applera Corporation (Sublandlord) and Deltagen Inc. (Subtenant). It states that if the subleased premises are affected by casualty or condemnation, the Sublandlord must, upon the Subtenant's written request, terminate the Master Lease according to its terms. The amendment is binding on all parties and their successors, but only becomes effective once approved by Ceretek, LLC (Sub-Subtenant) and 1501 Harbor Bay, L.P. (Master Landlord).

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EX-10.63.1 24 dex10631.txt AMENDMENT TO SUBLEASED DATED JUNE 15, 2001 Exhibit 10.63.1 AMENDMENT TO SUBLEASE Applera Corporation ("Sublandlord"), as sublandlord under that certain Sublease dated June 15, 2001 with Deltagen Inc. ("Subtenant") and Subtenant hereby agree that notwithstanding Section 3(f) of the Sublease, in the event of a casualty or condemnation affecting the subleased premises, Sublandlord shall upon written request of Subtenant, terminate the Master Lease (as defined in the Sublease) in accordance with the terms of the Master Lease. This Amendment shall be binding upon Subtenant, Sublandlord and their successors and assigns. This Amendment shall not be effective unless approved by Ceretek, LLC and 1501 Harbor Bay L.P. This Amendment by be executed in counterparts; telecopies of this Amendment may be executed; and executed telecopies may be delivered by telecopy. June 20, 2001 DELTAGEN INC. APPLERA CORPORATION By:_______________________________ By: _____________________________________ Name: ____________________________ Name:____________________________________ Title: ___________________________ Title: __________________________________ APPROVED BY SUB-SUBTENANT: CERETEK, LLC By: _______________________________ Name: _____________________________ Title: ____________________________ APPROVED BY MASTER LANDLORD: 1501 HARBOR BAY, L.P. By: Acamar (1501), Inc. its general partner By: _____________________________ James I. Hunter, President -1-