Third Amendment to Lease, dated November 1, 2019, between the Registrant and Legacy Yards Tenant LP
THIRD AMENDMENT TO LEASE
This THIRD AMENDMENT TO LEASE (this "Amendment"), dated as of November 1, 2019 (the "Third Amendment Effective Date"), between LEGACY YARDS TENANT LP, a Delaware limited partnership ("Landlord"), having an address at c/o Related Companies, 60 Columbus Circle, 19th Floor, New York, New York 10023, and INTERCEPT PHARMACEUTICALS, INC., a Delaware corporation ("Tenant"), having an address at 10 Hudson Yards, 37th Floor, New York, New York 10001.
WHEREAS, pursuant to a Lease, dated as of December 7, 2016 (the "Original Lease"), by and between Landlord and Tenant, as amended by (i) that certain First Amendment to Lease, dated as of June 27, 2017 (the "First Amendment"), (ii) that certain letter agreement, dated December 31, 2017 (the "12/31/17 Letter Agreement"), (iii) that certain Second Amendment to Lease, dated as of June 22, 2019 (the "Second Amendment"), and (iv) that certain letter agreement, dated October 12, 2018 (the "10/12/18 Letter Agreement"; the Original Lease, as so amended, the "Lease"), Tenant is leasing from Landlord certain space in the building known as 10 Hudson Yards, located at the corner of 10th Avenue and 30th Street, New York, New York (the "Building"), as is more particularly described in the Lease; and
WHEREAS, Landlord and Tenant desire to further amend the Lease on the terms and conditions hereinafter set forth.
NOW, THEREFORE, Landlord and Tenant agree as follows:
"(x) with respect to the 37th Floor Premises, on March 31, 2022 (the "37th Floor Expiration Date"), (y) with respect to the 40th Floor Premises, on March 31, 2022 (the "40th Floor Expiration Date") and (z) with respect to the 41st Floor Premises, on March 31, 2022 (the "41st Floor Expiration Date"; the 37th Floor Expiration Date, the 40th Floor Expiration Date and the 41st Floor Expiration Date, collectively or individually, as the context requires, is call the "Expiration Date")."
9. Miscellaneous. This Amendment contains the entire agreement of the parties with respect to the subject matter hereof and all prior negotiations, understandings or agreements between the parties with respect to the subject matter hereof are merged herein. This Amendment may be executed in counterparts each of which shall be an original, and all of which counterparts taken together shall constitute one and the same agreement. Landlord and Tenant each hereby represents to the other that, to the best of its knowledge, there exist no defaults under the Lease nor do there exist any events which, with the giving of notice or the passage of time, would constitute defaults by the other party under the Lease. The Lease and all of the terms, covenants and provisions thereof, as amended hereby, are and shall remain in full force and effect and are hereby ratified and confirmed in all respects. Neither this Amendment nor the Lease (as amended hereby) may be further modified, amended, changed or terminated orally, but only by an agreement in writing signed by the party against whom enforcement of the modification, amendment, change or termination is sought. This Amendment shall be binding upon and inure to the benefit of Landlord and Tenant and their respective permitted successors and assigns. In case of any conflict between the terms and provisions of this Amendment and the terms and provisions of the Lease, the terms and provisions of this Amendment shall control.
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IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Amendment as of the day and year first above written.
LEGACY YARDS TENANT LP
By:Legacy Yards Tenant GP LLC, its general partner
By: /s/ Andrew Rosen
Name: Andrew Rosen
INTERCEPT PHARMACEUTICALS, INC.
By: /s/ Mark Pruzanski
Name: Mark Pruzanski
Title: President & CEO
FLOOR PLANS OF PREMISES