AMENDMENT NO. 9 TO LEASE
This AMENDMENT NO. 9 TO LEASE (“Amendment No. 9”), effective as of March 31, 2020, (“Amendment No. 9 Effective Date”) is entered into by and between NXP USA, Inc. (formerly FREESCALE SEMICONDUCTOR, INC.), a Delaware corporation and 100% affiliated company of NXP Semiconductors N.V. (“Landlord”), and EVERSPIN TECHNOLOGIES, INC., a Delaware corporation (“Tenant”), with reference to the following facts:
A.Landlord and Tenant are parties to that certain Lease dated as of June 5, 2008 (“Original Lease”), as amended by Amendment No. 1 to Lease executed by Tenant on February 2, 2009 (“Amendment No. 1”), Amendment No. 2 to Lease dated March 1, 2010 (“Amendment No. 2”), Amendment No. 3 to Lease dated July 20, 2011 (“Amendment No. 3”), Amendment No. 4 to Lease dated June 10, 2014 (“Amendment No. 4”), Amendment No. 5 dated January 13, 2017 (“Amendment No. 5”), Amendment No. 6 dated October 31, 2017 (“Amendment No. 6”), Amendment No. 7 dated August 2, 2018 (“Amendment No. 7”), and Amendment No. 8 dated November 30, 2019 (“Amendment No. 8”), (the Original Lease, as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, Amendment No. 5, Amendment No. 6, Amendment No. 7, and Amendment No. 8, is referred to as the “Lease”), pursuant to which Landlord leases to Tenant certain space (“Premises”) located at 1300 North Alma School Road, Chandler Arizona as further described in the Lease.
B.As of the Amendment No. 9 Effective Date, the parties desire to amend the Lease to extend the Term.
NOW, THEREFORE, in consideration of the above recitals which are hereby incorporated herein, the mutual covenants and conditions contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree, effective as of the Amendment No. 9 Effective Date, to amend the Lease as follows:
1.Term. Section 2 of the Lease (as modified by Amendment No. 8) is deleted in its entirety and replaced with the following:
“A. The term of this Lease shall commence on June 5, 2008 (the “Commencement Date”) and end on January 31, 2023 (the “Term”). Tenant will continue processing on Landlord’s tool, FJ01PVS. In the event the Landlord elects to terminate Tenant’s use of the FJ01PVS, the Landlord will give Tenant six (6) months prior written notice.”
2.Exhibit E. For consideration in part of this Amendment No. 9, Landlord will provide Tenant with discounted Lease Fixed Rent starting February 1, 2021 through the end of the Lease Term. Should the Lease be further extended, the Landlord does not commit to continue the Fixed Rent discount. Exhibit E to the Lease (as modified by Amendment No. 5) is deleted in its entirety and replaced with the new Exhibit E as attached hereto as Schedule 1 to this Amendment No. 9.
3.Exhibit J. Exhibit J to the Lease (as modified by Amendment No. 8) is deleted in its