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EXHIBIT 10.42F
MASSACHUSETTS BIOTECHNOLOGY RESEARCH PARK
THREE BIOTECH PARK
NINTH AMENDMENT TO LEASE
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This NINTH AMENDMENT TO LEASE dated effective as of January 1, 1998 is
between WORCESTER BUSINESS DEVELOPMENT CORPORATION ("Landlord") and ALPHA-BETA
TECHNOLOGY, INC. ("Tenant") and amends the Lease dated July 10, 1990 (or July
11, 1990) between Landlord and Tenant as amended by First Amendment to Lease
dated August 13, 1991, Second Amendment to Lease dated April 1, 1992, Third
Amendment to Lease dated December 21, 1992, Fourth Amendment to Lease dated
October 29, 1993, Fifth Amendment to Lease dated May 31, 1994, Sixth Amendment
to Lease dated March 24, 1995, Seventh Amendment to Lease effective as of June
26, 1996 and Eighth Amendment to Lease effective as of December 31,1997
(collectively, the "Lease"). The purposes of this Ninth Amendment are to (i)
adjust the Basic Rent, (ii) extend the term of the Lease, and (iii) amend other
provisions of the Lease.
1. AMENDMENT TO LEASE. Commencing on January 1, 1998, the terms and titles
applicable to the Lease as amended by this Ninth Amendment to Lease are as set
forth in the Revised Section 1.01 attached as EXHIBIT K.
2. EXPANSION OF PREMISES. Amend Paragraph 9 of the Sixth Amendment to Lease
as follows:
(a) Delete the first sentence of Paragraph 9.1 of the Sixth Amendment to
Lease in its entirety and insert in its place the following:
Landlord agrees that commencing on January 1, 1999 and continuing
throughout the Lease Term, Landlord will notify Tenant promptly after
Landlord learns that any previously occupied Expansion Space is or
will become available and Tenant has the option to lease the Expansion
Space identified in Landlord's notice by giving Landlord notice of its
exercise of the option within thirty (30) days after receipt of
Landlord's notice.
(b) Delete subclause (x) of Paragraph 9.2 of the Sixth Amendment to Lease
and insert in its place the following:
(x) $20.90 per square foot, and
3. SETTLEMENT OF OBLIGATION. Delete in its entirety the paragraph entitled
"Settlement of Obligation" which was added to the Lease pursuant to the Sixth
Amendment.
4. RATIFICATION OF LEASE. As amended by this Ninth Amendment, the Lease is
ratified and confirmed in all respects, except that this Amendment will prevail
over any other provisions of the Lease which are inconsistent with this
Amendment or the state of facts contemplated by this Amendment.
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EXECUTED as a sealed instrument as of the date first above written.
LANDLORD: TENANT:
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WORCESTER BUSINESS DEVELOPMENT ALPHA-BETA TECHNOLOGY, INC.
CORPORATION
By: /s/ John D. Hunt By: /s/ D. Davidson Easson, Jr.
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John D. Hunt, Chairman D. Davidson Easson, Jr., Executive
Vice President and Chief Operating
Officer
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MASSACHUSETTS BIOTECHNOLOGY RESEARCH PARK
THREE BIOTECH PARK
EXHIBIT K
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TO
NINTH AMENDMENT TO LEASE
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REVISED SECTION 1.01 - TERMS AND TITLES REFERRED TO. Each reference in this
Lease to any of the following terms and titles incorporates the data stated for
that term or title in this Revised Section 1.01:
DATE OF LEASE: July 10, 1990
LANDLORD: WORCESTER BUSINESS DEVELOPMENT CORPORATION, a Massachusetts
corporation established pursuant to the provisions of Chapter 600 of the Acts of
1965, its successors and assigns.
LANDLORD'S ADDRESS: One Innovation Drive
Worcester, Massachusetts 01605
TENANT: ALPHA-BETA TECHNOLOGY, INC.
TENANT'S ADDRESS: One Innovation Drive
Worcester, Massachusetts 01605
TERM COMMENCEMENT DATE:
(a) ORIGINAL PREMISES: June 1, 1991
(b) FIRST AMENDMENT PREMISES: December 1, 1991
(c) SECOND AMENDMENT PREMISES: September 1, 1992
(d) THIRD AMENDMENT PREMISES: May 9, 1994
(e) SEVENTH AMENDMENT PREMISES: July 1, 1996 or date of
occupancy, if earlier
STATED EXPIRATION DATE: December 31, 2007
LAND: The parcel of land on Innovation Drive in Worcester, Worcester County,
Massachusetts, shown on the plan entitled "Plan of Property Owned by Worcester
Business Development Corporation, Three Biotech Park, off Plantation Street,
Worcester, Massachusetts" dated January 31, 1990 and recorded with the Worcester
District Registry of Deeds in Plan Book 633, Plan 79, containing a total area of
8.8048 acres, more or less, according to said plan, plus or minus any additions
or deletions resulting from the change of any abutting street line.
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PREMISES:
(a) ORIGINAL PREMISES: That portion of the second floor of the Building
shown as outlined or hatched on the Lease Plan attached to the Lease
as EXHIBIT B.
(b) FIRST AMENDMENT PREMISES: That portion of the service floor of the
Building shown as outlined or hatched on the Lease Plan attached to
the First Amendment as EXHIBIT B-1 and labeled "First Amendment
Premises."
(c) SECOND AMENDMENT PREMISES: That portion of the second floor of the
Building shown as outlined or hatched on the Lease Plan attached to
the Second Amendment as EXHIBIT B-2 and labeled "Second Amendment
Premises."
(d) THIRD AMENDMENT PREMISES: Those portions of the Service Level and
second floor of the Building shown as outlined or hatched on the Lease
Plan attached to the Third Amendment as EXHIBIT B-3 and labeled "Third
Amendment Premises."
(e) SEVENTH AMENDMENT PREMISES: That portion of the first floor of the
Building shown as outlined or hatched on the Lease Plan attached to
the Seventh Amendment as EXHIBIT B-7 and labeled "Seventh Amendment
Premises."
RENTABLE AREA OF THE PREMISES:
(a) Original Premises 15,033 sq. ft.
(b) First Amendment Premises 2,957 sq. ft.
(c) Second Amendment Premises 8,483 sq. ft.
(d) Third Amendment Premises 4,269 sq. ft.
(e) Seventh Amendment Premises 7,544 sq. ft.
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TOTAL 38,286 sq. ft.
RENTABLE AREA OF THE BUILDING: 114,000 square feet
TENANT'S SHARE:
(a) Original Premises 13.2%
(b) First Amendment Premises 2.6%
(c) Second Amendment Premises 7.4%
(d) Third Amendment Premises 3.7%
(e) Seventh Amendment Premises 6.7%
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TOTAL 33.6%
DESIGN START DATE: Not Applicable
LEASE TERM: Sixteen (16) Lease Years and seven (7) months, commencing on June 1,
1991 and ending on December 31, 2007.
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BASIC RENT:
January 1, 1998 through December 31, 1999
Per square foot of Rentable Area: $16.00
Annual: $612,600.00
Monthly Installment: $51,050.00
January 1, 2000 through December 31, 2001
Per square foot of Rentable Area: $18.00
Annual: $689,150.00
Monthly Installment: $57,429.17
January 1, 2002 through December 31, 2003
Per square foot of Rentable Area: $20.00
Annual: $765,720.00
Monthly Installment: $63,810.00
January 1, 2004 through December 31, 2005
Per square foot of Rentable Area: $22.00
Annual: $842,292.00
Monthly Installment: $70,191.00
January 1, 2006 through December 31, 2007
Per square foot of Rentable Area: $24.00
Annual: $918,864.00
Monthly Installment: $76,557.00
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FIXED RENTAL PERIOD: Not Applicable
ESTIMATED OPERATING EXPENSES: Not Applicable
ESTIMATED TAXES: Not Applicable
INITIAL MONTHLY PAYMENT: Not Applicable
SECURITY DEPOSIT: Not Applicable
GUARANTOR: Not Applicable
PERMITTED USE: Research and development, general office and limited light
manufacturing including, but not limited to, production of microbial and yeast
compounds for product development and sale.
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