EX-10.1 Amendment No. 5 to Lease Agreement

EX-10.1 3 d89686ex10-1.txt EX-10.1 AMENDMENT NO. 5 TO LEASE AGREEMENT 1 EXHIBIT 10.1 AMENDMENT NO. 5 (dated January 2, 2001 for reference purposes only) To Lease Dated April 15, 1994 Between Presbyterian Health Foundation as Landlord, and UROCOR, INC. formerly known as CytoDiagnostics, Inc., as Tenant WHEREAS, Landlord and Tenant are the parties to the above described Lease for the Building located at 840 N. Research Parkway; and, Landlord and Tenant mutually desire to amend the above-described lease, (amended via Amendment No. 1 dated April 14, 1997, Amendment No. 2 dated April 14, 1998, Amendment No. 3 dated February 1, 1999, Amendment No. 4 dated September 29, 1999 and this Amendment No. 5 dated January 2, 2001) as follows: The provisions of this Amendment No. 5 shall supersede and control any inconsistent provisions contained in the Lease, regardless of whether such inconsistent provisions are contained in the printed portion of the Lease or any rider, addendum, amendment or exhibit annexed thereto. I. Amended Leased Premises: Commencing March 1, 2001, the Lease Premises shall increase by 2,887 rentable square feet as shown on the attached Exhibit A-5. This makes the total Lease Premises 108,063 rentable square feet. II. Amended Expense Stop: The "Expense Stop" shall change commencing January 1, 2001, from $4.50 per Rentable Square Foot: to "All Operating Costs for the calendar 2000 adjusted to reflect the greater of (i) the Building being 95% occupied or (ii) actual occupancy of the Building." III. Amended Operating Costs: Item (j) of 1.2, Other Definitions, starting on page 5 of the Lease Agreement shall be amended as follows: The first sentence of the paragraph shall be replaced with the following sentence: "The actual expenses incurred by Landlord (adjusted to reflect the greater of (i) the Building being 95% occupied or (ii) actual occupancy of the building) with respect to operation, maintenance, and management of the Building (including Common Areas) and all other improvements located on the Real Estate in excess of the "Expense Stop" as defined above." Both parties agree to the terms of the Lease Agreement as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4 and this Amendment No. 5, and the Lease Agreement shall continue in full force and effect. Landlord: Presbyterian Health Foundation By: /s/ Dennis McGrath Date: 3/20/01 ------------------------------ ------------------------------ Dennis McGrath, Vice President Tenant: UROCOR, INC. By: /s/ Michael W. George Date: 3/16/01 ------------------------------- ------------------------------ Michael W. George President/Chief Operating Officer