FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE (this Amendment) is made as of February 14, 2020 (Effective Date), by and between CARLSBAD PALOMAR, LLC, a Delaware limited liability company (Landlord), and SPINAL ELEMENTS, INC., a Delaware corporation (Tenant).
A. Landlords predecessor-in-interest, HR Melrose, LLC, and Tenant entered into that certain Lease dated September 27, 2012 (Original Lease) for certain premises commonly known as Suite 150, 170, and 200, consisting of approximately 39,655 square feet of rentable area (Original Premises), in the building situated at 3115 Melrose Drive, Carlsbad, California (the Building), for a term of eighty-six (86) months, which is due to expire on May 31, 2020 (the Initial Term).
B. Landlord and Tenant subsequently entered into a Storage Area License Agreement dated July 27, 2018 (Storage Agreement) regarding Tenants right to use a portion of the Building, commonly known as Suite 140, consisting of approximately 2,007 square feet of storage space, for a term ending on the date of expiration or earlier termination of the Original Lease.
C. Landlord and Tenant subsequently entered into a Generator Agreement dated August 2, 2019 (Generator Agreement) for Tenants right to install a supplemental back-up generator (Back-Up Generator).
D. Tenant desires and, pursuant to the terms of this Amendment, Landlord agrees to extend the Initial Term of the Original Lease, upon the terms and conditions hereinafter provided. Upon the full execution and delivery of this Amendment, the term Lease shall refer to the Original Lease as amended by this Amendment.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the mutual receipt and legal sufficiency of which are hereby acknowledged, it is hereby agreed as follows:
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Recitals. The foregoing recitals are incorporated herein by this reference as if fully set forth at this point in the text of this Amendment.
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Integration. The recitals and following terms and conditions shall constitute part of the Lease and be incorporated therein by reference.