SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT (this Second Amendment) is made and entered into as of April 7, 2017, 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 Original Lease), as amended by that certain First Amendment to Lease dated April 27, 2016 (the First Amendment and collectively with the Original Lease, the Existing Lease), for the premises consisting of approximately 7,678 rentable square feet, commonly known as Suites 600 and 610 (the Existing Premises), on the 6th floor of the office building located at 234 E. Colorado Boulevard, Pasadena, CA 91101 (the Building).
B. Tenant desires to (a) expand the Existing Premises to include that certain space consisting of approximately 912 rentable square feet, commonly known as Suite 200 (the Expansion Premises), located on the 2nd floor of the Building, as shown on Exhibit A attached hereto and incorporated herein, and (b) make other modifications to the Existing Lease. In connection therewith, Landlord and Tenant desire to amend the Existing 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 Second Amendment, shall have the meanings ascribed to them in the Existing Lease. Unless the context clearly indicates otherwise, all references to the Lease shall hereafter be deemed to refer to the Existing Lease as amended hereby. In the event of any inconsistency between the terms of the Existing Lease and the terms of this Second Amendment, the terms of this Second Amendment shall control.
2. Modification of Premises. Effective as of the Expansion Premises Commencement Date (as defined in Section 3, below), Tenant shall lease from Landlord, and Landlord shall lease to Tenant, the Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Expansion Premises to the Existing Premises shall, effective as of the Expansion Premises Commencement Date, increase the size of the Premises to approximately 8,590 rentable square feet. The Existing Premises and the Expansion Premises may hereinafter collectively be referred to as the Premises.
3. Expansion Premises Term. The term of Tenants lease of the Expansion Premises shall commence on the date (the Expansion Premises Commencement Date) of Landlords delivery of the Expansion Premises to Tenant for occupancy upon Substantial Completion (as such term is defined in Construction Rider attached to this Second Amendment as Exhibit B and incorporated herein) of Tenant Improvements in the Expansion Premises (as set forth in Exhibit