EXHIBIT 10.6
FIFTH AMENDMENT TO LEASE
This FIFTH AMENDMENT TO LEASE ("Fifth Amendment") is made and entered into as of November 27, 2023 (the "Effective Date"), by and between KR OYSTER POINT I, LLC, a Delaware limited liability company ("Landlord"), and CYTOKINETICS INCORPORATED, a Delaware corporation ("Tenant").
r e c i t a l s :
A. Landlord and Tenant are parties to the Lease dated July 24, 2019 (the "Original Lease"), as amended by that certain First Amendment to Lease dated May 12, 2020 (the "First Amendment"), that certain Second Amendment to Lease dated January 26, 2021 (the "Second Amendment"), that certain Third Amendment to Lease dated November 12, 2021 (the "Third Amendment"), and that certain Fourth Amendment to Lease dated October 12, 2022 (the "Fourth Amendment", together with the Original Lease, First Amendment, Second Amendment, and Third Amendment, the "Lease") whereby Tenant leases certain space (the "Premises") within Building 3 of that certain project commonly known as "Kilroy Oyster Point" and more particularly described in the Lease.
B. Landlord and Tenant desire to amend the Lease on the terms and conditions set forth in this Fifth Amendment.
a g r e e m e n t :
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:
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Kilroy Oyster Point [Fifth Amendment] [Cytokinetics Incorporated] |
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Kilroy Oyster Point [Fifth Amendment] [Cytokinetics Incorporated] |
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Kilroy Oyster Point [Fifth Amendment] [Cytokinetics Incorporated] |
[Signatures follow on next page]
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IN WITNESS WHEREOF, this Fifth Amendment has been executed as of the Effective Date.
"LANDLORD" | "TENANT" |
KILROY OYSTER POINT I, LLC, | CYTOKINETICS, INCORPORATED, a Delaware corporation |
By: Kilroy Realty, L.P., a Delaware limited partnership its Sole Member By: Kilroy Realty Corporation,
Name: John Osmond Title: EVP, Asset Management
Name: Eileen Kong Title: SVP, Asset Management | By: /s/ Robert Blum Name: Robert I. Blum Title: President and CEO |
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Kilroy Oyster Point [Fifth Amendment] [Cytokinetics Incorporated] |
EXHIBIT A
FORM OF FITNESS CENTER LIABILITY WAIVER
RELEASE OF LIABILITY
KR Oyster Point I, LLC., a Delaware limited liability company (“Owner”) is the owner of the properties commonly known as “Kilroy Oyster Point” which contain the building(s) located at 348, 350, 352 and 354 Oyster Point Boulevard, South San Francisco, California 94080 (each, a “Building”). The Building located at “350 Oyster Point Boulevard, Building 3” contains a fitness center containing various types of exercise machines and related equipment (the “Fitness Center”).
Owner cannot prevent you from becoming exposed to, contracting, or spreading COVID-19 while visiting Owner’s Buildings and/or the Fitness Center. It is not possible to prevent against the presence of the disease. Therefore, if you choose to enter onto Owner’s Buildings and/or the Fitness Center you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
The undersigned represents that he/she is currently employed by a tenant or occupant of one of the Buildings and that such Building is his/her primary place of work (as opposed to other buildings occupied by his/her employer in the surrounding areas). The undersigned acknowledges that he/she has voluntarily chosen to utilize the Fitness Center and participate in exercise and/or sport programs in connection therewith, and hereby confirms and agrees as follows:
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Kilroy Oyster Point [Fifth Amendment] [Cytokinetics Incorporated] |
I, THE UNDERSIGNED, CONFIRM I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS AND ALL PROVISIONS OF THIS RELEASE. I FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE.
Signed:_________________________________ | Date:____________________________________ |
Name (please print):_______________________ | Tenant Access Card #:______________________ |
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Phone:__________________________________ | Company:________________________________ |
Email:__________________________________ |
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Cyto Facilities Approved: By: _____________________________ Date: __________________
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Kilroy Oyster Point [Fifth Amendment] [Cytokinetics Incorporated] |