CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Exhibit 10.26
AMENDMENT NO. ONE TO BUILD-TO-SUIT LEASE
THIS AMENDMENT NO. ONE ("Amendment") is made and entered into as of October 18, 2002 by and between SLOUGH BTC, LLC , a Delaware limited liability company ("Landlord") and RIGEL PHARMACEUTICALS, INC. , a Delaware corporation ("Tenant").
RECITALS
A. Landlord and Tenant are partners to that certain Build-To-Suit Lease dated as of May 16, 2001 ("Lease") pursuant to which Landlord shall lease to Tenant, and Tenant shall lease from Landlord up to approximately 146,910 square feet.
B. The parties wish to amend the Lease to provide, inter alia , (i) an increase in the Tenant Improvement Allowance to be provided by Landlord, (ii) the establishment of the Phase I Rent Commencement Date and the Phase II Rent Commencement Date (which shall be deemed to occur at the same time and are hereinafter collectively called the "Rent Commencement Date"), (iii) a rent deferral payment to be made in Month 25 of the Lease term, and (iv) an adjustment in minimum rental to reflect the increased Tenant Improvement Allowance and the rent deferral, all subject to the terms and conditions set forth herein.
C. Unless otherwise defined herein, all capitalized terms have the meanings assigned to them in the Lease.
THEREFORE , the parties agrees as follows:
1. Increase in Tenant Improvement Allowance . The Tenant Improvement Allowance, as defined in Paragraph 4(b) of the Work Letter attached to the Lease as Exhibit C, is hereby increased by $[ * ] per square foot (the "Additional Tenant Improvement Allowance"). Notwithstanding the provisions of such Paragraph 4(b), Tenant shall not be required to match such Additional Tenant Improvement Allowance in the fifteen percent (15%) ratio stated in the Lease. In the event Tenant does not use the entire Additional Tenant Improvement Allowance towards the Cost of Improvements for the Tenant Improvements, then Tenant may apply any unused Additional Tenant Improvement Allowance to reimburse Tenant for its contribution to the Cost of Improvements for the Tenant Improvements, including without limitation to its fifteen (15%) matching contribution to the initial Tenant Improvement Allowance. Tenant may seek such reimbursement by providing to Landlord evidence of Tenant's payment of such contribution in form reasonably satisfactory to Landlord. Landlord shall remit such reimbursement to Tenant within ten (10) business days following such request. In no event shall the Additional Tenant Improvement Allowance be eligible to be applied toward furniture or other personal property of Tenant.
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