Exhibit 10.5
AMENDMENT
TO THE LEASE AGREEMENT (Reg. 39 series 3T)
Between
FIDIA FARMACEUTICI S.P.A. with headquarters in Abano Terme (PD), via Ponte della Fabbrica 3/A, Italy, VAT No. 00204260285 (hereinafter “Fidia”)
and
ANIKA THERAPEUTICS S.r.l. with headquarters in Abano Terme (PD), via Ponte della Fabbrica 3/B, Italy, VAT No. 03641500289 (hereinafter “Anika”)
(hereinafter jointly referred to as the “Parties” and singularly referred to as a “Party”)
WHEREAS
On December 30, 2009, Fidia and Anika (formerly FAB S.r.l.) entered into a lease agreement (the “Agreement”), subsequently amended, regarding the lease of a certain Property (as defined in the Agreement)
In this Amendment, Fidia and Anika establish the following:
| 1) | The definitions contained in the Agreement shall have the same meaning in this Amendment to the Lease Agreement. |
| 2) | Effective January 1, 2016, the locations leased to Anika are those indicated in Attachment B to this Amendment to the Lease Agreement, i.e.: |
| (1) | portion of the building called F2 (“Building F2 – plans 0008_59 and 0008_02”) with 155 m2 for warehouse use and 80 m2for cold storage; |
| (2) | portion of the building called “Research Institute” (LR1 – plans 0005 and 0006) with 535 m2for laboratory use and 1,125 m2for office use (ground floor and first floor); |
| 3) | As of January 1, 2016, the table included in Section 3.1 shall be replaced by the following table: |
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| Area | m2 | Monthly rent/m2
(Euro) | Monthly rent
(Euro)
|
Research Institute (LR1 – plans 0005 and 006[sic]) – Offices
Warehouse (“Building F2 – plan 0008_59”)
| 1,125 | 14.96 | 16,830.00 |
| 155 | 5.34 | 827.70 | |
Warehouse
(“Building F2 – plan 0008_02”) | 80 | 14.96 | 1,196.80 |
Research Institute (LR1 – plan 0005) – Research Laboratories | 535 | 17.86 | 9,555.10 |
| Totals | 1,895 | 28,409.60 |
Therefore, the total amount of rent/month in accordance with the provisions of Section 3.1 beginning on January 1, 2016, is 28,409.60 euros.
| 4) | The other provisions of the Agreement remain unchanged. |
IN WITNESS WHEREOF, the Parties have signed this Amendment to the Lease Agreement on
Abano Terme, February 26, 2016
FIDIA FARMACEUTICI S.P.A. ANIKA THERAPEUTICS S.r.l.
| By: | /s/ Giorgio Foresti | By: | /s/ Charles H. Sherwood | |
| Giorgio Foresti, Chief Executive Officer | Charles Sherwood, President | |||
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