THIRD AMENDMENT TO LEASE AGREEMENT
THIS THIRD AMENDMENT TO LEASE AGREEMENT (this Amendment) is made as of November 1, 2017 (Effective Date), by and between 21st CENTURY TECHBANQ PASADENA LLC, a California limited liability company (Landlord), and ROCKLEY PHOTONICS, INC., a Delaware corporation (Tenant).
R E C I T A L S
A. Landlord and Tenant entered into a Lease, dated as of November 20, 2015 (the Original Lease), as amended by that certain First Amendment to Lease Agreement, dated as of April 27, 2016 (the First Amendment), and as further amended by that certain Second Amendment to Lease Agreement, dated as of April 7, 2017 (the Second Amendment) (the Existing Lease, First Amendment, and Second Amendment are collectively referred to as the Lease), for the premises consisting of a total of approximately 8,590 rentable square feet, located in the space commonly known at Suites 600 and 610 (approximately 7,678 rentable square feet) and Suite 200 (approximately 912 rentable square feet) (collectively the Existing Premises), on the 6th floor and 2nd floor, respectively, of the office building located at 234 E. Colorado Boulevard, Pasadena, California 91101 (the Building).
B. Tenant desires to expand the Existing Premises to include that certain space consisting of approximately 6,575 rentable square feet, located in the space commonly known as Suites 500 and 502, and Landlord and Tenant desire to otherwise to amend the Lease as set forth herein.
T E R M S
NOW, THEREFORE, in consideration of the mutual agreements contained in this Amendment, Landlord and Tenant agree as follows:
1. Incorporation of Recitals. The Recitals set forth above are incorporated herein by reference.
2. Definitions. All capitalized terms used herein, unless otherwise expressly defined in this Amendment, shall have the meanings ascribed to them in the Lease. In the event of any inconsistency between the terms of the Lease and the terms of this Amendment, the terms of this Amendment shall control.
3. Modification of Existing Premises. Effective as of the Additional Expansion Premises Commencement Date (as defined in Section 4 below), Tenant shall lease from Landlord, and Landlord shall lease to Tenant, a portion of the fifth (5th) floor consisting of approximately 5,352 rentable square feet and located in a portion of the space commonly known as Suite 500 of 234 E. Colorado Blvd. - Rackley PhotonicsThird Amendment to Lease Agreement (execution version) the Building (the First Additional Expansion Premises), as shown on Exhibit A attached hereto. On the first day of the seventh (7th) month following the Additional Expansion Premises Commencement Date, Tenant shall lease from Landlord, and Landlord shall lease to Tenant, a portion of the fifth (5th floor consisting of approximately 1,223 rentable square feet and located in a portion of the spaces commonly known as Suite 500 and Suite 502 of the Building (the Second Additional Expansion Premises), as shown on Exhibit A attached hereto. The First Additional Expansion Premises and the Second Additional Expansion Premises are collectively referred to as the Additional Expansion Premises.