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PROTEON THERAPEUTICS INC filed this Form S-1 on 09/16/2014
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SECOND AMENDMENT TO LEASE dated as of this 17th day of October 2013 by and between BOSTON PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership (“Landlord”) and PROTEON THERAPEUTICS, INC., a Delaware corporation (“Tenant”).




By Lease dated July 13, 2009 (as amended by the instrument described below, the “Lease”), Landlord did lease to Tenant and Tenant did hire and lease from Landlord 4,943 square feet of rentable floor area (the “Rentable Floor Area of the Premises”) on the first (lst) floor of the building (the “Building”) known as and numbered 200 West Street, Waltham, Massachusetts (referred to in the Lease as the “Premises”).


By First Amendment to Lease dated as of September 14, 2012 (the “First Amendment”), Landlord and Tenant extended the Term of the Lease for one (1) period of six (6) months upon all of the same terms and conditions set forth in the Lease except as set forth in the First Amendment.


Landlord and Tenant have agreed to extend the Term of the Lease for one (1) period of one (1) year upon all of the same terms and conditions set forth in the Lease except as set forth in this Second Amendment to Lease (the “Second Amendment”).


Landlord and Tenant are entering into this instrument to set forth said extension of the Term of the Lease and to amend the Lease.


NOW THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration in hand this date paid by each of the parties to the other, the receipt and sufficiency of which are hereby severally acknowledged, and in further consideration of the mutual promises herein contained, Landlord and Tenant hereby agree to and with each other as follows:


1.                                      The Term of the Lease, which but for this Second Amendment is scheduled to expire on December 31, 2013, is hereby extended for one (1) period of one (1) year commencing on January 1, 2014 and expiring on December 31, 2014 (the “Second Extended Term”), unless sooner terminated in accordance with the provisions of the Lease, upon all the same terms and conditions contained in the Lease as herein amended.


2.                                      Annual Fixed Rent shall continue to be payable by Tenant during the Second Extended Term at the annual rate of $168,062.00 (being the product of (i) $34.00 and (ii) the Rentable Floor Area of the Premises (being 4,943 square feet)).