Exhibit 10.1
SIXTH AMENDMENT TO LEASE
This Sixth Amendment to Lease (this “Amendment”) is made, for reference purposes only,
October 9, 2023____________________, by and between SB CORPORATE CENTRE III-IV, LLC, a Delaware limited liability company (“Landlord”), and EVOKE PHARMA, INC., a Delaware corporation (“Tenant”), with reference to the following facts:
RECITALS
August 24, 2022 (collectively, as amended, the “Lease”) for that certain premises located at 420 Stevens Avenue, Suite 370, Solana Beach, California 92075, consisting of approximately 3,146 Rentable Square Feet of commercial office space (the “Existing Premises”).
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which are expressly acknowledged, Landlord and Tenant agree as follows:
AGREEMENT
used herein and in the Lease, as of the New Premises Effective Date, “Premises” shall mean the New Premises.
sole cost and expense and using Building standard materials, will have the carpets steam cleaned and have the walls patched and painted as needed to a professional standard (touched up or otherwise) in the New Premises and relocate Tenant’s suite identification signage from the Existing Premises to the New Premises (collectively, “Landlord’s Work”).
other than Landlord’s Work set forth in 1.c., above, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the New Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the New Premises or with respect to the suitability of the New Premises for the conduct of Tenant’s business for the Permitted Use.
Premises to Landlord in a “broom clean” condition pursuant to the provisions set forth in Section 23.1 of the Lease on or before the fifth (5th) business day following the New Premises Effective Date (the “Surrender Date”). Except as otherwise set forth herein, Tenant shall continue to pay and remain liable for Basic Monthly Rent and Additional Rent charges due and owing with respect to the Existing Premises through the date immediately preceding the New Premises Effective
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Exhibit 10.1
Date at the rate established by the Lease prior to this Amendment. Tenant shall be considered a “hold over” subject to the “holdover” provisions of Section 23.2 of the Lease if Tenant has not vacated the Existing Premises on or prior to the Surrender Date and in such condition required herein and in the Lease.
October 31, 2023. By virtue of this Amendment, Landlord and Tenant hereby agree that the term of the Lease for the New Premises shall be extended to and including October 31, 2024 (the “Expiration Date”), subject to the terms and conditions contained herein and the Lease. For the purposes of this Amendment, the period of time between and including the New Premises Effective Date and the Expiration Date shall be referred to herein as, the “Extension Term”. Furthermore, any and all previously granted and unexercised options to extend the term of the Lease shall be null and void and of no further force or effect.
Date, Tenant’s Basic Monthly Rent for the New Premises shall be $6,311.85 during the Extension Term.
Inc.
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Exhibit 10.1
IN WITNESS WHEREOF, Landlord and Tenant agree to the foregoing as evidenced by
affixing their signatures below.
LANDLORD: SB CORPORATE CENTRE III-IV, LLC, a Delaware limited liability company By: American Assets Trust Management, LLC, a Delaware limited liability company, as Agent By: /s/ Adam Wyll Adam Wyll President and COO By: /s/ Steven M. Center Steven M. Center S.V.P. of Office Properties Dated: October 9, 2023
| TENANT:
EVOKE PHARMA, INC., a Delaware corporation By: /s/ David A. Gonyer Name: David A. Gonyer Title: CEO Dated: October 9, 2023
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Exhibit 10.1
EXHIBIT “A”
NEW PREMISES
EXHIBIT “B”
CASp INSPECTION DISCLOSURE AND ACKNOWLEDGMENT
This CASp Inspection Disclosure and Acknowledgment (“Disclosure and Acknowledgment”) is provided in connection with the proposed Sixth Amendment to Lease (“Amendment”) between SB CORPORATE CENTRE III-IV, LLC, a Delaware limited liability company (“Landlord”), and EVOKE PHARMA, INC., a Delaware corporation (“Tenant”), for the property at 420 Stevens Avenue, Suite 230, Solana Beach, California 92075 (the “Premises”), as required by California Civil Code Section 1938, regarding Certified Access Specialist (“CASp”) inspections. A copy of California Civil Code Section 1938 is attached hereto.
☐ The Premises have been determined to meet all applicable construction-
related accessibility standards pursuant to California Civil Code §55.51 et seq.
☐ The Premises have not been determined to meet all applicable
construction-related accessibility standards pursuant to California Civil Code §55.51 et seq. B. Available CASp Reports.
The following CASp inspection certificates and reports have been issued for the Premises:
☐ CASp inspection report dated __________ issued by _______________.
☐ CASp inspection report dated __________ issued by _______________.
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Exhibit 10.1
[Signature page to follow]
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Exhibit 10.1
LANDLORD: SB CORPORATE CENTRE III-IV, LLC, a Delaware limited liability company By: American Assets Trust Management, LLC, a Delaware limited liability company, as Agent By: /s/ Adam Wyll Adam Wyll President and COO By: /s/ Steven M. Center Steven M. Center S.V.P. of Office Properties Dated: October 9, 2023
| TENANT:
EVOKE PHARMA, INC., a Delaware corporation By: /s/ David A. Gonyer Name: David A. Gonyer Title: CEO Dated: October 9, 2023
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Civil Code §1938
(a) “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.”