FIFTH AMENDMENT TO LEASE AGREEMENT
THIS FIFTH AMENDMENT TO LEASE AGREEMENT (this Amendment) is made as of May 24, 2020 (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), as further amended by that certain Second Amendment to Lease Agreement, dated as of April 7, 2017 (the Second Amendment), as further amended by that certain Third Amendment to Lease Agreement, dated as of November 1, 2017 (the Third Amendment), and as further amended by that certain Fourth Amendment to Lease Agreement, dated as of August 6, 2019 (the Fourth Amendment) (the Original Lease, First Amendment, Second Amendment, Third Amendment, and Fourth Amendment are collectively referred to as the Lease), for the premises consisting of a total of approximately 15,218 rentable square feet located in the space commonly known as Suites 500, 502 and 505 (approximately 7,540 rentable square feet) and Suites 600 and 610 (approximately 7,678 rentable square feet) (collectively the Current Premises), on the 5th floor and 6th floor, respectively, of the office building located at 234 E. Colorado Boulevard, Pasadena, California 91101 (the Building).
B. Tenant desires to expand the Current Premises to include that certain space consisting of approximately 809 rentable square feet, located in the space commonly known as Suite 208, 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. Contingency. Landlord and Tenant acknowledge and agree that this Amendment is expressly contingent upon Landlord obtaining legal possession of Suite 208 from the existing tenant. If Landlord does not deliver possession of the Suite 208 Expansion Premises (as defined in Section 4 below) to Tenant on or before June 1,2020 (the Anticipated Delivery Date), Landlord shall not be subject to any liability nor shall the validity of this Lease nor the obligations of Tenant hereunder be affected. In the event Landlord is unable to obtain legal possession of the Suite 208 Expansion Premises from the existing tenant and deliver possession of the Suite 208