AMENDMENT TO LEASE EXPANSION
Exhibit 10.12C
2nd Amendment
AMENDMENT TO LEASE – EXPANSION
THIS AMENDMENT is executed at Salt Lake City, Utah between Salt Lake Research Park Associates, a New Mexico Limited Partnership, by BGK Realty, Inc., a Delaware Corporation, as General Partner, Landlord, and NPS Pharmaceuticals, Inc.. a Delaware Corporation., Tenant, for the premises located at 420 Chipeta Way, Suites 140, 200 & 202 Salt Lake City, Utah 84108.
Landlord and Tenant being parties to that certain Lease dated June 3, 1994 and as amended May 14, 1995 hereby express their mutual desire and intent to increase the rentable area of the Leased Premises by 10,570 square feet (hereafter referred to as “Expansion Space”) effective July 1, 1997 and amend by this writing those terms, covenants as hereinafter provided.
| Section 2. Leased Premises and Rentable Area. This Section shall be adjusted to provide as follows: That portion of the 1st and 2nd floors of the building more fully shown on the Floor Plan attached hereto as Exhibit “A” – Expansion Space.The Rentable Area of the Premises shall hereafter mean: approximately 44,187 square feet. |
| Section 4. Term. The term for the Expansion Space shall be coterminous with the existing Lease. |
| Section 5. Rent. This Section shall be adjusted to provide as follows: The Rent for the Expansion Space shall be One Hundred Ten Thousand Nine Hundred Eighty-Eight and No/100 Dollars ($110,988.00) per annum, payable in monthly installments in the amount of Nine Thousand Two Hundred Forty-Nine and No/100 Dollars ($9,249.00) in lawful money of the United States. |
| Section 7. Operating Expenses. Tenant's Proportionate Share shall be adjusted to 39.4%. | |
| Except as modified herein, all terms and conditions of the Office Lease shall remain in full force and effect. | |
| Landlord: | Tenant: | |
| Salt Lake Research Park Associates, a New Mexico Limited Partnership | NPS Pharmaceuticals, Inc., a Delaware Corporation | |
| By: BGK Realty, Inc. | ||
| Its: General Partner | ||
| By: /s/ Cheryl S. Willoughby | By: /s/ Robert K. [Illegible] | |
| Title: Senior Vice President | Title: Vice President, Finance | |
| Execution Date: September 11, 1996 | Execution Date: September 4, 1996 |
