Lease Agreement (2004)Full Document 

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a Georgia joint venture partnership,

as Landlord










a Tennessee corporation,

as Tenant






Dated: March 4, 2004



The following is a summary of some of the Basic Provisions of the Lease. In the event of any conflict between the terms of these Basic Lease Provisions and the referenced Sections of the Lease, the referenced Sections of the Lease shall control.


1.      Building (See Section 1):

   15253 Bake Parkway
     Irvine, California

Project (See Section 1):


2.      Premises (See Section 1):



   100% of Building

Rentable Square Feet:


3.      Term (See Section 2):

   Approximately 123 months

4.      Base Rent (See Sections 2 and 3):


Lease Months


Monthly Rate per

Rentable Square Foot of

the Premises


Annual Rate per Rentable

Square Foot of the


0 - 3

   $0.00    $  0.00

  4 - 15

   $1.12    $13.44

16 - 27

   $1.17    $14.04

28 - 39

   $1.21    $14.52

40 - 51

   $1.26    $15.12

52 - 63

   $1.31    $15.72

64 - 75

   $1.36    $16.32

76 - 87

   $1.41    $16.92

88 - 99

   $1.46    $17.52

100 - 111

   $1.51    $18.12

112 - 123

   $1.56    $18.72


  5.   Tenant’s Share (See Section 13): 100%





THIS LEASE AGREEMENT (hereinafter called the “Lease”) is made and entered into this 4th day of March, 2004, by and between FUND VIII AND FUND IX ASSOCIATES, a Georgia joint venture partnership (hereinafter called “Landlord”), and GAMBRO HEALTHCARE, INC., a Tennessee corporation (hereinafter called “Tenant”).


1. Premises. Landlord does hereby rent and lease to Tenant and Tenant does hereby rent and lease from Landlord, for general office purposes of a type customary for first-class office buildings, the following described space (hereinafter called the “Premises”):


65,006 rentable square feet of space comprising 100% of a two-story building (the “Building”) located on the real property described in Exhibit “A” attached hereto (the “Property”), said Premises to be located as shown by diagonal lines on the drawing attached hereto as Exhibit “A-1” and made a part hereof by reference. The Building is located within a larger office park (“Project”) consisting of approximately              acres, together with any and all improvements now or hereafter located thereon and together with any additional land and/or buildings which Landlord hereinafter acquires and makes a part of the Project. The Premises shall be prepared for Tenant’s occupancy in the manner and subject to the provisions of Exhibit “B” attached hereto and made a part of hereof. [confirm factually accurate: Landlord and Tenant agree that the number of rentable square feet described above has been confirmed and conclusively agreed upon by the parties.


2. Lease Term. Tenant shall have and hold the Premises for a term (“Term”) commencing on the date (the “Commencement Date”) which is the earlier of (i) five (5) days after the date on which Landlord notifies Tenant that the Work is Substantially Complete (each as hereinafter defined) or (ii) the date Tenant first occupies all or any portion of the Premises for the conduct of its business, and shall terminate at midnight on the last day (the “Expiration Date”) of the one hundred twenty third (123rd) full calendar month following the Commencement Date, unless sooner terminated or extended as hereinafter provided. Promptly following the Commencement Date, Landlord and Tenant shall enter into a letter agreement in the form attached hereto as Exhibit “C”, specifying the Commencement Date, the Expiration Date, the conclusively agreed number of rentable square feet contained within the Premises and the agreed amount of Base Rent payable hereunder for the first Lease Year (as defined in Section 4 below).


3. Base Rent. Tenant shall pay to Landlord, at Fund VIII and Fund IX Associates, PO Box 926040, Norcross, GA 30010-6040, or at such other place as Landlord shall designate in writing to Tenant, annual base rent (“Base Rent”) in the amounts set forth in the Basic Lease Provisions. The term “Lease Year”, as used in the Basic Lease Provisions and throughout this Lease, shall mean each and every consecutive twelve (12) month period during the Term of this Lease, with the first such twelve (12) month period commencing on the Commencement Date; provided, however, if the Commencement Date occurs other than on the first day of a calendar month the first Lease Year shall be that partial month plus the first full twelve (12) months thereafter.

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