SIXTH AMENDMENT TO LEASE AGREEMENT
THIS SIXTH AMENDMENT TO LEASE AGREEMENT (this Amendment) is made as of January 27, 2021 (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), as further amended by that certain Fourth Amendment to Lease Agreement, dated as of August 6, 2019 (the Fourth Amendment), and as further amended by that certain Fifth Amendment to Lease Agreement, dated as of May 24,2020 (the Fifth Amendment) (the Original Lease, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, and Fifth Amendment are collectively referred to as the Lease), for the premises consisting of a total of approximately 16,027 rentable square feet located in the space commonly known as Suite 208 (approximately 809 rentable square feet), Suites 500, 502 and 505 (approximately 7,540 rentable square feet), Suites 600 and 610 (approximately 7,678 rentable square feet), and (collectively the Premises), on the 2nd floor, 5th floor and 6th floor, respectively, of the office building located at 234 E. Colorado Boulevard, Pasadena, California 91101 (the Building).
B. The Term of the Lease for Suites 600 and 610 (collectively, the 6th Floor Premises) shall expire on March 31, 2021, and Landlord and Tenant now desire to extend the Term of the Lease for the 6th Floor Premises and 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. Remeasurement. Landlord and Tenant acknowledge that the Building and the 6th Floor Premises have been remeasured pursuant to current BOMA standards (ANSI/BOMA Z65.1- 2017), and notwithstanding anything to the contrary contained in the Lease, as of the Effective Date, the 6th Floor Premises shall be deemed to contain a total of 7,831 rentable square feet and the Building shall be deemed to contain a total of 127,586 rentable square feet. Following the remeasurement, the Premises shall be deemed to contain a total of 16,180 rentable square feet.