SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE (this "Second Amendment") is made as of
May 7, 2020, by and between ARE-SD REGION NO. 35, LLC, a Delaware limited liability company ("Landlord"), and SINGULAR GENOMICS SYSTEMS, INC., a Delaware corporation ("Tenant").
RECITALS
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, the mutual promises and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows:
"(c) Notwithstanding anything to the contrary contained in this Lease, Tenant and Landlord acknowledge and agree that if, for any reason, Tenant and Landlord (or an affiliate of Landlord) have not mutually entered into a long term lease agreement pursuant to which Tenant will lease a minimum of 70,000 rentable square feet of space
from Landlord (or an affiliate of Landlord) at a project owned by Landlord (or an affiliate of Landlord) in the San Diego area ("Long Term Lease") on or before December 31, 2020, which Long Term Lease shall be on terms and conditions reasonably acceptable to Landlord (or Landlord's affiliate) and Tenant, then this Lease shall automatically terminate on December 31, 2020. If the Lease is so terminated pursuant to this paragraph, Tenant shall voluntarily surrender the Premises on such date in accordance
with all surrender requirements contained in the Lease and in the condition in which Tenant is required to surrender the Premises as of the expiration of the Lease, Tenant shall have no further rights of any kind with respect to the any portion of the Premises and neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease, except with respect to provisions which expressly survive termination of this Lease. Landlord shall have no liability whatsoever to Tenant relating to or arising from the failure of the Long Term Lease to be entered into."
[Signatures are on the next page]
IN WITNESS WHEREOF, the patties hereto have executed this Second Amendment as of the day and year first above written.
TENANT:
SINGULAR GENOMICS SYSTEMS, INC.,
a Delaware corporation
By: Name: Drew Spaventa Its: CEO
LANDLORD:
ARE-SD Region No. 35, LLC,
a Delaware limited liability company
By: Alexandria Real Estate Equities, Inc., a Maryland corporation,
managing member
By: Name: Gary Dean
Its: Senior Vice President – Real Estate Legal Affairs