FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT (the First Amendment) is made and entered into as of April 27, 2016, by and between 21st CENTURY TECHBANQ PASADENA LLC, a California limited liability company (the Landlord), and ROCKLEY PHOTONICS, INC., a Delaware corporation (the Tenant).
A. Landlord and Tenant are parties to that certain Lease Agreement dated November 20, 2015 (the Existing Lease), for the premises consisting of approximately 7,011 rentable square feet, commonly known as Suite 600 (the Existing Premises), on the 6th floor of the office building located at 234 E. Colorado Boulevard, Pasadena, CA 91101 (the Building).
B. Landlord and Tenant acknowledge and agree that in accordance with the terms of the Existing Lease, Tenant exercised its right of first offer for the premises consisting of approximately 667 rentable square feet, commonly known as Suite 610 (the ROFO Premises), located on the 6th floor of the Building and contiguous to the Premises, as shown on Exhibit A attached hereto and incorporated herein. In connection therewith, Landlord and Tenant desire to amend the Lease as set forth herein.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Landlord and Tenant hereby agree as follows:
1. Definitions. All capitalized terms used herein, unless otherwise expressly defined in this First Amendment, shall have the meanings ascribed to them in the Lease. Unless the context clearly indicates otherwise, all references to the Lease shall hereafter be deemed to refer to the Lease as amended hereby. In the event of any inconsistency between the terms of the Lease and the terms of this First Amendment, the terms of this First Amendment shall control.
2. Modification of Premises. Effective as of May 1, 2016 (the ROFO Premises Commencement Date), Tenant shall lease from Landlord and Landlord shall lease to Tenant the ROFO Premises. Landlord and Tenant hereby acknowledge that such addition of the ROFO Premises to the Existing Premises shall, effective as of the ROFO Premises Commencement Date, increase the size of the Premises to approximately 7,678 rentable square feet. The Existing Premises and the ROFO Premises may hereinafter collectively be referred to as the Premises.
3. ROFO Premises Term. The term of Tenants lease of the ROFO Premises (the ROFO Premises Term) shall commence on the ROFO Commencement Date, and shall expire coterminously with Tenants lease of the Existing Premises on the Lease Expiration Date (i.e., March 31, 2021), unless sooner terminated as provided in the Lease.