First Amendment to Kineta Lease, dated as of August 12, 2011, by and between Kineta, Inc. and ARE-SEATTLE No.17, LLC

Contract Categories: Real Estate - Lease Agreements
EX-10.36 8 ny20004801x1_ex10-36.htm EXHIBIT 10.36



Exhibit 10.36




THIS FIRST AMENDMENT TO LEASE (this “First Amendment”) is made as of August 12, 2011, by and between ARE-SEATTLE NO. 17, LLC, a Delaware limited liability company (“Landlord”), and KINETA, INC., a Washington corporation (“Tenant”).




A.       Landlord and Tenant are now parties to that certain Lease dated as of November 19, 2010 (the “Lease”). Pursuant to the Lease, Tenant leases certain premises (“Premises”) consisting of that certain real property located at 219 Terry Avenue, Seattle, Washington (“Building”). The Premises are more particularly described in the Lease. Capitalized terms used herein without definition shall have the meanings defined for such terms in the Lease.


B.       Landlord and Tenant desire, among other things, to extend the Target Commencement Date of the Lease to September 1, 2011, subject to the terms and conditions set forth below.


NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, the mutual promises and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows:


1.Target Commencement Date. The definition of “Target Commencement Date” on Page of the Lease is hereby deleted and replaced with the following:


Target Commencement Date: September 1, 2011.”


2.Delivery: Acceptance of Premises: Commencement Date. The first paragraph of Section 2 of the Lease is hereby deleted and replaced with the following:


Delivery; Acceptance of Premises; Commencement Date. Landlord shall use reasonable efforts to deliver the Premises to Tenant on or before the Target Commencement Date, with Landlord’s Work Substantially Completed (“Delivery” or “Deliver”). If Landlord fails to timely Deliver the Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. If Landlord does not Deliver the Premises within 90 days of the Target Commencement Date for any reason other than Force Majeure Delays and Tenant Delays, this Lease may be terminated by Landlord or Tenant by written notice to the other, and if so terminated by either: (a) the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant, and (b) neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease, except with respect to provisions which expressly survive termination of this Lease. As used herein, the terms “Landlord’s Work,” “Tenant’s Work,” “Tenant Delays” and “Substantially Completed” shall have the meanings set forth for such terms in the Work Letter. If neither Landlord nor Tenant elects to void this Lease within 5 business days of the lapse of such 90 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect.”






a.This First Amendment is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This First Amendment may be amended only by an agreement in writing, signed by the parties hereto.


b.This First Amendment is binding upon and shall inure to the benefit of the parties hereto, their respective agents, employees, representatives, officers, directors, divisions, subsidiaries, affiliates, assigns, heirs, successors in interest and shareholders.


c.This First Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by other parties to this First Amendment attached thereto.


d.Except as amended and/or modified by this First Amendment, the Lease is hereby ratified and confirmed and all other terms of the Lease shall remain in full force and effect, unaltered and unchanged by this First Amendment. In the event of any conflict between the provisions of this First Amendment and the provisions of the Lease, the provisions of this First Amendment shall prevail. Whether or not specifically amended by this First Amendment, all of the terms and provisions of the Lease are hereby amended to the extent necessary to give effect to the purpose and intent of this First Amendment.


[Signatures are on the next page.]




IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the day and year first above written.


  a Washington corporation
  By: /s/ Campion Fellin
  Its: Vice President of Operations
  a Delaware limited liability company
  By:   ALEXANDRIA REAL ESTATE EQUITIES, L.P., a Delaware limited partnership,
      managing member
      By: ARE-QRS CORP.,
        a Maryland corporation,
        general partner
        By: /s/ Eric S. Johnson
        Its: Vice President, Real Estate Legal Affairs