EX-10.10 17 a2214660zex-10_10.htm EX-10.10

Exhibit 10.10

 

FIRST AMENDMENT TO LEASE

 

THIS FIRST AMENDMENT TO LEASE (“Amendment”) is made and entered into this 15th day of November, 2011 (“Effective Date”), by and between Michigan Life Science and Innovation Center LLC, having an address of 46701 Commerce Center Drive Plymouth, MI 48170 (“Landlord”) and Esperion Therapeutics, Inc., having an address of 46701 Commerce Center Drive Lab B, Plymouth, MI 48170 (“Tenant”), (collectively the “Parties”).

 

Recitals:

 

A.                                    Pursuant to that certain Lease dated October 2, 2008, (“Lease”), Landlord leased to Tenant those premises containing approximately 9,730 square feet in the building commonly known as Lab B and Office B, as more particularly described in the Lease (“Leased Premises”); and

 

B.                                    The Parties desire to amend the Lease as provided for herein.

 

NOW THEREFORE, in consideration of the amended provisions herein and other good and valuable consideration paid by each to the other, receipt of which is hereby acknowledged, it is agreed between the Parties as follows:

 

1.                                      The capitalized terms used herein that are otherwise undefined, shall have the same meaning as provided in the Lease.

 

2.                                      Leased Premises — the leased premises in the original October 2, 2008 lease for Lab B and Office B areas remains in effect with all terms unchanged.

 

3.                                      Vivarium space — in addition to the space described in number 2, tenant rents additional space in the Vivarium. The additional space in the Vivarium totals 536 square feet. The rental amount for the 536 square feet of space in the Vivarium is an additional $3500 per month. The initial term for the Vivarium space shall be from November 15, 2011 through January 15, 2012. After January 15, 2012 the space can continue to be leased on a month-to-month basis. Landlord reserves the right to terminate tenant’s use of any space in the Vivarium at any time following January 15, 2012. If landlord terminates tenant’s use in the middle of a month then tenant will receive a refund for remaining time within the month.

 

4.                                      Except as hereby amended, the Lease shall remain in full force and effect. If any conflict exists between the terms and provisions of the Lease and the terms and provisions of this Amendment, the terms and provisions of this Amendment shall govern and control.

 

5.                                      This Amendment and representations in it are contractual and not merely recitals and shall continue in full force and effect at all times hereafter.

 

6.                                      Each party to this Amendment expressly represents that he, she, or it has carefully read this Amendment, understands its contents, and has signed the Amendment as his, her, or its

 


 

own free act with full authority to do so. Landlord further covenants, warrants and represents that it has the power to execute and perform under this Amendment and the Lease and grant the estate demised herein to Tenant.

 

7.                                      This Amendment shall not be further amended, altered, modified, or changed in any way except in writing signed by all the Parties to this Amendment.

 

8.                                      This Amendment constitutes the entire Amendment between the Parties and supersedes all prior and contemporaneous agreements or understandings, whether written or oral, between the Parties with respect to the subject matter hereof.

 

9.                                      The submission of this Amendment for examination or its negotiation of the terms described herein does not constitute an offer to amend the Lease, and this Amendment does not constitute a binding contract until such time as the Amendment has been fully and finally executed by all Parties to this Amendment.

 

 

 

LANDLORD

 

By:

 

 

Print Name:

 

 

Its:

 

 

 

 

 

TENANT

 

 

By:

/s/ Roger S. Newton

 

Print Name:

Roger S. Newton

 

Its:

PRES/CEO

 

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MICHIGAN LIFE SCIENCE AND INNOVATION CENTER LEASE

 

In consideration of the rents and covenants set forth below, MICHIGAN LIFE SCIENCE AND INNOVATION CENTER, LLC, a Delaware limited liability company, hereby leases to Tenant (as hereinafter defined), and Tenant hereby leases from Landlord, the Leased Premises (as hereinafter defined) upon the following terms and conditions:

 

ARTICLE 1 - FUNDAMENTAL LEASE PROVISIONS

 

The provisions in this Article shall be referred to in this Lease as the “Fundamental Lease Provisions.” Unless otherwise defined herein, capitalized terms used in this Lease shall have the meanings listed in the Fundamental Lease Provisions.

 

Execution Date:

 

October 2, 2008

 

 

 

Commencement Date:

 

October 2, 2008.

 

 

 

Landlord:

 

Michigan Life Science and Innovation Center, LLC

 

 

 

Landlord’s Address:

 

203 South Division, Suite 430
Ann Arbor, Michigan 48104

 

 

 

Tenant:

 

Esperion Therapeutics, Inc.

 

 

 

Tenant’s Address:

 

46701 Commerce Center Drive
Plymouth, Michigan, 48170

 

 

 

Land:

 

The real property commonly known 46701 Commerce Center Drive Plymouth, Michigan, as more particularly described on Exhibit A attached hereto.

 

 

 

Building:

 

The building located on the Land and containing approximately 57,601 square feet of space.

 

 

 

Leased Premises:

 

Approximately 9,730 rentable square feet of laboratory space, which has been determined with a load factor of 1.4 (4,867 rentable square feet, commonly referred to as “Lab B” and 2,083 rentable square feet commonly referred to as “Office B” each multiplied by 1.4), all in the Building and as more particularly shown on the sketch attached hereto as Exhibit B.

 


 

Tenant’s Proportionate Share:

 

16.89%, which is equal to the rentable square foot area of the Leased Premises divided by the total rentable square foot area of the Building; provided, however, if any additional rentable square feet are added or removed to or from the Building, Tenant’s Proportionate Share shall be adjusted accordingly.

 

 

 

Initial Term:

 

Commencing on the Commencement Date and continuing through the day preceding the fifth (5th) anniversary of the Commencement Date.

 

 

 

Renewal Terms:

 

two (2) terms of five (5) years each.

 

 

 

Lease Year:

 

Each twelve month period commencing on the Commencement Date and each anniversary thereof; provided, however, that if the Commencement Date falls on other than the first day of a calendar month, each Lease Year commence on the first day of the calendar month first following the Commencement Date.

 

 

 

Base Rent:

 

$76,450 per annum, ($11.00 per rentable square foot of space calculated at 6,950 rentable square feet and excluding the load factor of 1.4), as subject to increase as provided in Section 3.1(b) below

 

 

 

Security Deposit:

 

$10,000, due on the Commencement Date, either in cash or in the form of an irrevocable, direct pay letter of credit in favor of Landlord, issued by a commercial bank licensed to business in the State of Michigan having a term of not less than one year with provision for automatic successive annual one-year extensions for the Lease Term and any Renewal Term.

 

 

 

Permitted Use:

 

Pharmaceutical research and development, and uses incidental thereto.

 

References in this Article 1 to other Sections are for convenience and designate some of the other Articles where references to the Fundamental Lease Provisions appear. Each reference in this Lease to any of the Fundamental Lease Provisions contained in this Article 1 shall be construed to incorporate all of the terms provided under such Fundamental Lease Provision. In the event of any conflict between any Fundamental Lease Provision and the balance of this Lease, the latter shall control.

 

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ARTICLE 2 - GRANT OF LEASE; TERM

 

2.1                               Grant of Lease. In consideration of the payments of rent and other amounts to be made by Tenant and the covenants and conditions to be kept and performed by Tenant, all as set forth in this Lease, Landlord leases:

 

(a)                                 the Leased Premises to Tenant, together with the non-exclusive right to (i) use the interior and exterior common and public areas and facilities, including the surface parking facilities appurtenant to the Building (collectively, the “Common Areas”) as may be designated by Landlord for the use in common by all of the tenants of the Building, and (ii) access on the fee basis established by the Landlord or its agent from time to time to use the vivarium space and facilities located in the Building (the “Vivarium”); and

 

(b)                                 the equipment described in Exhibit C (the “Equipment”) to Tenant pursuant to the terms described in such Exhibit, which terms Tenant accepts by execution of this Lease.

 

2.2                               Term.

 

(a)                                 The Initial Term shall be as set forth in the Fundamental Lease Provisions.

 

(b)                                 Provided an Event of Default (as defined in Section 10.1) has not occurred and be continuing, Tenant shall have the option to extend the Initial Term by each of the Renewal Term(s) described in the Fundamental Lease Provisions by giving Landlord notice of its election to extend the term of this Lease by such Renewal Term not less than one hundred and eighty (180) days prior to expiration of the Initial Term or the then running Renewal Term, as the case may be. The terms and conditions of this Lease shall apply during each Renewal Term.

 

(c)                                   The Initial Term, as it may be extended by one or more Renewal Terms, shall be hereinafter referred to as the “Lease Term.”

 

ARTICLE 3 - BASE RENT AND OTHER PAYMENTS

 

3.1                               Base Rent.

 

(a)                                    Tenant shall pay Landlord monthly installments of Base Rent for the Leased Premises, initially in the amount(s) set forth in the Fundamental Lease Provisions, in advance, commencing on the Commencement Date and continuing on the first day of each calendar month during the Lease Term. If the Commencement Date is a day other than the first day of a calendar month, Tenant shall, on the Commencement Date, pay Landlord a fraction of the Base Rent equal to the number of days remaining in such month, divided by the total number of days in such month.

 

(b)                                 As of the commencement of the second Lease Year and continuing with the commencement of each Lease Year thereafter during the Lease Term, the Base Rent shall increase by the same percentage increase, if any, in the consumer price index issued by the Bureau of Labor Statistics, United States Department of Commerce, for all urban consumers, Detroit-Ann Arbor, all items (1982-84 = 100) (or if such index is no longer published, any index

 

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similarly providing an indicator of inflation) over twelve (12) month period ending three (3) months prior to the end of the Lease Year ending immediately prior to the Lease Year to which such increase would apply.

 

3.2                               Utilities Cost; Additional Rent.

 

(a)                                 In addition to the Base Rent, Tenant shall commencing on the Commencement Date and continuing on the first day of each calendar month during the Term, pay Landlord an amount (the “Additional Rent”) equal to one-twelfth (l/12th) of Landlord’s annual estimate of Tenant’s Proportionate Share of Expenses and Taxes (as hereinafter defined); provided, however, that in the event that any portion of the rentable space in the Building is exempt from Taxes, such rentable space shall not be taken into account in determining the rentable area of the Building for purposes of determining Tenant’s Proportion Share and the same shall be adjusted and Landlord shall give Tenant written notice of such adjustment and the effective date hereof. If the Commencement Date is a day other than the first day of a calendar month, Tenant shall, on the Commencement Date, pay Landlord a fraction of the monthly payment otherwise due under this Section equal to the number of days remaining in such month, divided by the total number of days in such month. Landlord shall provide Tenant with a budget of Landlord’s reasonable estimate of Expenses not less than ninety (90) days prior to each calendar year, in reasonable detail. For purposes of this Section:

 

“Expenses” shall mean the actual cost incurred by Landlord with respect to the operation, maintenance, repair and replacement and administration of the Land and the Building, including, without limitation or duplication, (A) the costs incurred for utilities serving the Building and not directly paid for by tenants of the Building, including, without limitation, air conditioning; mechanical ventilation; heating; electricity, including but not limited to gas, hot and cold water; janitorial and other cleaning services, telephone, cable and other utility services installed for the Leased Premises or Common Areas, rubbish removal from Common Areas; snow removal; parking lot maintenance and repairs; general landscaping and maintenance; window washing, electric current for the Common Areas; reasonable management fees not to exceed four percent (4%) of gross rents payable by tenants of the Building (which services shall be provided to Tenant on Landlord’s behalf through one or more third parties engaged by Landlord or Landlord’s agent for such purpose); repairs, replacement, and maintenance of the Land and the Building; fire, extended coverage, boiler, sprinkler, apparatus, general liability and property damage insurance (including loss of rental income insurance); supplies; sales, use and other similar taxes; water rates and sewer charges; and any other costs, charges and expenses which, under generally accepted accounting principles and practices, consistently applied, would be regarded as maintenance; repair and operating expenses, and (B) the cost of capital improvement items made to the Building by Landlord after the Commencement Date that are reasonably calculated to reduce Expenses, such cost to be amortized over the reasonably established useful life of the capital improvement on a straight-line basis; provided, however, that to the extent that any utilities are separately metered to the Leased Premises and/or any services are

 

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contracted for directly by Tenant, then any charges for such items shall not be included in “Expenses.”

 

Notwithstanding the foregoing and except as explicitly otherwise provided in this Lease as being the responsibility of Tenant hereunder, “Expenses” shall not include (1) depreciation or amortization of the Building or equipment in the Building owned by Landlord; (2) payments of principal, interest, late fees, prepayment fees or other charges on any debt or amortization payments on any mortgage or mortgages executed by Landlord covering the Land or the Building (or any portion thereof); (3) costs of alterations of the leased premises of Building tenants; (4) leasing commissions or finder’s fees, marketing or advertising costs, attorney’s fees or other expenses incurred by Landlord in connection with the leasing of space in the Building, including this Lease; (5) attorney’s fees and expenses incurred by Landlord arising from (a) disputes with or defaults by Building tenants or other occupants; (b) relating to the sale or refinancing of the Building; (6) repairs or other work occasioned by (a) any casualty for which Landlord has insured or is required to insure pursuant to the terms of this Lease, or for which Landlord receives reimbursement from third parties, or (b) the exercise of the right of eminent domain; (7) expenses, including permits, license, design, space planning, and inspection costs, incurred by Landlord in making improvements to the Building for tenants or other occupants of space; (8) Landlord’s costs of utilities and other services sold or provided to tenants in the Building and for which Landlord is entitled to be reimbursed as a separate additional charge or rental over and above the basic rent or escalation payment payable under the lease with such tenant; (9) unamortized costs incurred by Landlord for alterations that are considered capital improvements and replacements under generally accepted accounting principles consistently applied; (10) expenses in connection with non-Building standard services or benefits of a type that are not provided to Tenant but that are provided to other tenants or occupants of the Building; (11) all items and services for which Tenant pays directly to third parties or for which tenants reimburse Landlord; (12) any costs, fines, or penalties of any governmental rule or authority incurred due to violations by Landlord or any tenant or other occupant of the terms and conditions of any lease or other rental agreement covering space in the Building; (13) costs incurred to comply with, any laws, statutes, ordinances, codes or other governmental rules, regulations or requirements, or with the requirements of any board of fire underwriters or other similar body now or hereafter constituted, in effect and applicable to the Building as of the date of this Lease; (14) costs for relating to sculpture, paintings, or other art located in the Common Areas and installed by Landlord; (15) charitable or political contributions; (16) costs of signs in or on the Building identifying the owner of the Building or signs (other than the Building directory in the lobby of the Building or other signs identify Tenant) identifying other tenants of the Building or their employees, divisions, subsidiaries, subtenants or assignees; or (17) costs (other than those caused by Tenant) incurred in connection with investigating, assessing, removing, encapsulating or otherwise remediating or abating asbestos or other hazardous or toxic materials or other forms of contamination in or on the Building or on or under the Land or any part

 

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thereof (including without limitation groundwater contamination) existing as of the Commencement Date.

 

“Taxes” shall mean the amount incurred by Landlord of all ad valorem real property taxes and assessments, special or otherwise, levied upon or with respect to the Land and the Building, or the rent and additional charges payable hereunder, imposed by any taxing authority having jurisdiction including but not limited to the so-called “Michigan Business Tax”, as the same presently exists and as the same may be amended in whole or in part from time to time (or which would have been assessed if computed as if the Building were Landlord’s only business activity and without the reduction to the tax base pursuant to Sections 400 through 449 of the Michigan Business Tax Act), and shall also include all taxes, levies and charges which may be assessed, levied or imposed in replacement of, or in addition to, all or any part of ad valorem real property taxes as revenue sources, and which in whole or in part are measured or calculated by or based upon the Land and/or the Building, the freehold and/or leasehold estate of Landlord or Tenant, or the rent and other charges payable hereunder. Taxes shall also include any expenses incurred by Landlord in determining or attempting a successful reduction of Taxes. Notwithstanding anything herein contained to the contrary, if the Building is separately assessed for real estate tax purposes, the Taxes shall include such separately assessed Taxes plus an allocable portion of the Taxes on the Common Areas (as reasonably determined by Landlord) and if the Building is not so separately assessed, Landlord shall allocate the Taxes among the Building and other buildings on the Development on a reasonable and equitable basis (including the Taxes allocable to the Common Areas).

 

(b)                                 Within ninety (90) days after each January 1 following the Commencement Date, Landlord shall estimate Tenant’s monthly installment of Tenant’s Proportionate Share of Expenses and Taxes for the current calendar year and give notice to Tenant of such estimate prior to expiration of such ninety (90) day period (each an “Adjustment Notice”). From and after receipt of the Adjustment Notice, Tenant shall pay the monthly installment of Additional Rent set forth therein in the manner and at the times set forth in the foregoing subsection. Notwithstanding the foregoing, the Landlord may adjust Tenant’s Additional Rent at any time upon not less than thirty (30) days notice to Tenant, which notice shall set forth the adjusted amount payable thereafter until the next due Adjustment Notice.

 

(c)                                  In the event that during all or any portion of any calendar year, the Building is not fully rented and occupied Landlord shall make an appropriate adjustment in occupancy-related Expenses for such year for the purpose of avoiding distortion of the amount of such Expenses to be attributed to Tenant by reason of variation in total occupancy of the Building, by employing consistent and sound accounting and management principles to determine Expenses that would have been paid or incurred by Landlord had the Building been at least ninety-two and a half percent (92.5%) rented and occupied, and the amount so determined shall be deemed to have been Expenses for such calendar year.

 

(d)                                 Within ninety (90) days after the conclusion of each calendar year during the Term (including, without limitation, the calendar year during which the Commencement Date

 

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occurs), Landlord shall send Tenant a notice specifying the actual amount of Tenant’s Proportionate Share of the Expenses and Taxes incurred by Landlord during all or any portion of the previous calendar year which includes the Term. In the event that the Additional Rent paid to Landlord by Tenant during such calendar year is less than the amount set forth in such notice, Tenant shall pay Landlord the difference within ten (10) days after receipt of such notice. Conversely, Landlord shall promptly refund to Tenant any overpayment, less any payment then due Landlord hereunder; provided, however, that so long as this Lease remains in effect, Landlord may instead elect to credit any such overpayment against the next due installment(s) of Base Rent by giving Tenant notice of such election. The payment obligations of Tenant and Landlord contained in this subsection shall survive expiration or termination of this Lease.

 

(e)                                  Upon the failure of Tenant to pay all or any portion of any payment due Landlord in respect of Tenant’s Proportionate Share of the Expenses and Taxes, Landlord shall have the same rights and remedies as otherwise provided in this Lease for the failure of Tenant to pay the Base Rent.

 

(f)                                   Tenant shall additionally pay Landlord directly for the commercially reasonable costs incurred by the Landlord to provide any service requested by Tenant and which Landlord agrees to provide within ten (10) days after receipt of any invoice therefor from Landlord.

 

(g)                                  During the Lease Term (but not more often than once each Lease Year), Tenant may review, at Tenant’s sole cost and expense, the books and records supporting such determination at the Leased Premises during normal business hours, upon giving Landlord five (5) days advance written notice within one hundred and eighty (180) days after receipt of such determination, but in no event more often than once in any one (1) year period, provided that if Tenant utilizes an independent accountant to perform such review it shall be one which is not compensated on a contingency basis and is subject to such confidentiality agreement. If the audit discloses that the amount of Expenses billed to Tenant was incorrect, the appropriate party shall pay to the other party the deficiency or overpayment, as applicable, within thirty (30) days after final determination. All costs and expenses of the audit (including, without limitation, reasonable expenses and overhead incurred by Landlord complying with the provisions of this Section 3.2(g), which shall constitute an Advance hereunder (as hereinafter defined)) shall be paid by Tenant unless the audit shows that Landlord overstated Expenses, Taxes or insurance costs for the subject calendar year by more than five percent (5%), in which case Landlord shall pay all reasonable costs and expenses of the audit, based upon a detailed invoice therefor provided by Tenant to Landlord.

 

3.3                               Place and Manner of Payment. Tenant shall make all payments of Base Rent, Additional Rent and all other payments due Landlord under this Lease at the address for Landlord set forth in the Fundamental Lease Provisions, or at such other place as Landlord may designate to Tenant by notice.

 

3.4                               Late Charge. If any installment of the Base Rent, Additional Rent or any other payment provided for under this Lease which is payable by Tenant is not received by Landlord within ten (10) days after the date when due, Tenant shall immediately pay Landlord an amount equal to five percent (5%) of the overdue amount as a late charge (the “Late Charge”). Landlord

 

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and Tenant agree that the Late Charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any such late payment by Tenant. Acceptance of the Late Charge by Landlord shall not constitute a waiver of Tenant’s default with respect to the overdue amount, nor prevent Landlord from exercising any other rights and remedies available to Landlord under this Lease.

 

3.5                               Interest on Overdue Amounts. The Base Rent, Additional Rent and all other amounts due Landlord under this Lease which are not paid within ten (10) days after the date due shall bear interest at a per annum rate (the “Default Rate”) equal to the “prime rate” (or substantial equivalent) announced from time to time (as adjusted monthly) by Comerica Bank (or any successor financial institution), plus two percent (2%), from the date due until paid; provided, however, that if the Default Rate shall exceed the lawful rate of interest which Landlord is entitled to charge under applicable Michigan law, then the per annum rate of interest on any such overdue amounts shall be the maximum rate permitted by applicable law.

 

3.6                               Advances by Landlord. In the event that Tenant shall fail to timely pay any amount due Landlord under this Lease other than the Base Rent within ten (10) days after written notice to Tenant, Landlord, at its option, may advance such payment on behalf of Tenant (each an “Advance”). Tenant shall pay Landlord the amount of any Advance, together with interest thereon at the Default Rate from the date of such advance by Landlord until repayment thereof by Tenant. Tenant shall make such repayment not later than the first day of the calendar month following the date of such Advance.

 

3.7                               Security Deposit. Upon the Execution Date, Tenant shall deposit with Landlord the Security Deposit as security for Tenant’s faithful performance of Tenant’s obligations hereunder. If Tenant fails to timely pay rent or other charges due hereunder, or otherwise defaults with respect to any provisions of this Lease beyond applicable notice and cure periods hereunder, Landlord may use, apply, or retain all or any portion of the Security Deposit for the payment of any rent or other charge in default or for the payment of any other sum to which Landlord may become obligated by reason of Tenant’s default, or to compensate Landlord for any loss or damage which Landlord may suffer thereby. Landlord shall have no obligation to apply the Security Deposit against any amount due or owing from Tenant under this Lease or against any Advance made by Landlord, nor shall the rights and remedies of Landlord under this Lease be affected in any manner by the fact that Landlord holds the Security Deposit. If, however, Landlord so uses or applies all or any portion of the Security Deposit, Tenant shall within ten (10) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to the full amount stated above, and Tenant’s failure to do so shall constitute a default under this Lease. Landlord shall not be required to keep the security deposit separate from its general accounts or to pay interest thereon, unless otherwise required by applicable law. If Tenant performs all of Tenant’s obligations hereunder, the Security Deposit, or so much thereof after application thereof by Landlord in accordance with this Section 3.7, as has not been applied by Landlord, shall be returned, in cash, without payment of interest or other increment for its use, to Tenant at the expiration of the Lease Term. No trust relationship is created herein between Landlord and Tenant with respect to the Security Deposit.

 

3.8                               Other Taxes. Tenant shall pay prior to delinquency, all taxes assessed against and levied or assessed by municipal, county, state, federal or other taxing or assessing authority

 

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upon, against or with respect to (a) the Leased Premises or any leasehold interest, (b) all furniture, fixtures, equipment (including, without limitation, the Equipment) and any personal property of any kind owned by Tenant or any previous tenant and occupant, and placed, installed or located in, within, upon or about the Leased Premises or the Building, (c) all alterations, additions or improvements of whatsoever kind or nature, if any, made to the Leased Premises or the Building by Tenant, or any previous tenant or occupant of the Leased Premises, and (d) rents or other charges payable by Tenant to Landlord, irrespective of whether any of the terms described in clauses (a) through (d) above are assessed against real or personal property, and irrespective of whether any of such items are assessed to or against Landlord or Tenant. Tenant shall cause said trade fixtures, furnishings, equipment (including, without limitation, the Equipment), and all other personal property to be assessed and billed separately from the real property of Landlord, including, without limitation, all improvements made within the Leased Premises by or on behalf of Tenant at Tenant’s expense as provided in M.C.L.A. §211.8(h), as amended. Accordingly, Tenant shall report such leasehold improvements as personal property in the statement of assessable property that Tenant is required to file by M.C.L.A. §211.19, as amended, and shall cooperate with Landlord in ensuring that such leasehold improvements are not assessed as real property. Notwithstanding the foregoing, to the extent that Landlord shall have paid any of the foregoing taxes and assessments directly to the applicable taxing authority, any such payment shall constitute an Advance hereunder.

 

3.9                               Nature of Lease. This Lease shall be deemed and construed to be a “triple net lease” and, notwithstanding anything contained herein to the contrary, Landlord shall receive all Base Rent due under this Lease absolutely free of all taxes, utility charges, assessments, impositions, insurance costs or costs or expenses (of any kind or nature) incurred or paid by Landlord with respect to the Leased Premises. Tenant shall be solely responsible for and shall promptly pay all necessary fees, deposits and charges, including use and/or connection fees, hook-up fees, stand by fees, and/or penalties for discontinued or interrupted service, for any service or utility used in or upon or furnished to the Leased Premises, irrespective of whether Landlord has paid for these services in advance, or otherwise.

 

ARTICLE 4 - USE, CARE AND OCCUPANCY OF THE LEASED PREMISES

 

4.1                               Use and Purpose. Unless Landlord shall otherwise consent in writing (which consent shall not be unreasonably withheld), Tenant shall use the Leased Premises solely for the Permitted Use and in a manner consistent with the zoning ordinance applicable to the Land.

 

4.2                               Care of Leased Premises. Tenant shall not perform any acts or carry on any practices within the Leased Premises that may damage the Leased Premises.

 

4.3                               Compliance with Law. Tenant shall, at Tenant’s sole expense, comply in all material respects with all applicable laws, ordinances, orders, rules, regulations, of any governmental authorities and with any directive of any public officer which shall impose any violation, order or duty upon Landlord or Tenant with respect to the Leased Premises, or the use or occupation thereof including, without limitation, any governmental law or statute, rule, regulation, ordinance, code, policy or rule of common law now or hereafter in effect relating to the environment, health or safety, including, without limitation, the safe and lawful use and storage of biomedical and nuclear products, materials and devices used by Tenant in its

 

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operations, as well as the legal removal of any “medical waste,” “biological waste,” “nuclear waste” or otherwise hazardous material from the Leased Premises. Notwithstanding the foregoing, Tenant shall not be obligated to perform any exterior or structural modifications or compliance work for any of the Common Areas or to pay for any work performed or triggered by Landlord, Landlord’s agents or other tenants in order to comply with applicable law. Tenant shall not use or permit the Leased Premises to be used in any manner that will result in waste or the creation of a nuisance, and Tenant shall maintain the Leased Premises free of any objectionable noises, odors or disturbances. To the extent the Tenant makes use of the Vivarium, Tenant shall comply with all applicable laws relating to the import, handling, use and disposal of animals and animal products. Notwithstanding the foregoing, in no event shall Tenant have liability or indemnity obligation under this Section 4.3, with respect to any condition existing prior to the date of this Lease.

 

4.4                               Prohibited Use. Tenant shall not do or permit anything to be done in or about the Leased Premises which will in any way obstruct or interfere with the rights of other tenants of the Building, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises or commit or suffer to be committed any waste in, on or about the Leased Premises. If anything done, omitted to be done or suffered to be done by Tenant, or kept or suffered by Tenant to be kept in, upon or about the Leased Premises shall cause the rate of fire or other insurance on the Building in companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Building, Tenant shall pay Landlord the amount of any such increases on demand.

 

4.5                               Permits and Licenses. Tenant shall, at its sole cost and expense, be solely responsible to apply for, and secure, any building permit or permission of any duly constituted authority for the purpose of doing any of the things which Tenant is required or permitted to do under the provisions of this Lease. Tenant acknowledges and agrees that Landlord shall in no way be responsible for evaluating, determining or securing any permits or licenses Tenant requires in connection with Tenant’s use of the Premises and Tenant agrees to indemnify, save and hold Landlord harmless from and against any claim, liability, loss, damage or expense (including, without limitation, reasonable attorneys’ fees and disbursements) arising out of any violation of the covenants of Tenant under this Section.

 

4.6                               Environmental Compliance. Tenant hereby agrees that:

 

(a)                           Tenant shall, at its sole cost and expense at all times during the Term, comply in all respects with the Relevant Environmental Laws (as hereinafter defined) in its use and operation of the Leased Premises, and in its storage or use of any Hazardous Substances.

 

(b)                           Tenant shall notify Landlord promptly and in reasonable detail in the event that Tenant becomes aware of or suspects (i) the presence of any Hazardous Substance (as hereinafter defined) on the Leased Premises (other than any Permitted Hazardous Substance (as hereinafter defined)), (ii) the presence of Asbestos (as hereinafter defined) on the Leased Premises, or (iii) a violation of the Relevant Environmental Laws on the Leased Premises.

 

(c)                            If Tenant uses or permits the Leased Premises to be used so as to subject Tenant, Landlord or any occupant of the Leased Premises to a claim of violation of the Relevant

 

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Environmental Laws (unless contested in good faith by appropriate proceedings), Tenant shall immediately cease or cause cessation of such use or operations and shall remedy and fully cure any conditions arising therefrom, at its sole cost and expense.

 

(d)                           At its sole cost and expense, Tenant shall keep the Leased Premises free of any liens imposed pursuant to the Relevant Environmental Laws by reason of acts or omissions of Tenant, its employees, officers, directors, contractors, agents, customers, guests and invitees.

 

(e)                            Tenant shall indemnify, save and hold Landlord harmless from and against any claim, liability, loss, damage or expense (including, without limitation, reasonable attorneys’ fees and disbursements) arising out of any violation of the covenants of Tenant contained in this Section by Tenant, or out of any violation of the Relevant Environmental Laws by Tenant, its owners, employees, agents, contractors, customers, guests and invitees, which indemnity obligation shall survive the expiration or termination of this Lease.

 

(f)                             In the event that Tenant fails to comply with the any of the foregoing requirements of this Section, after the expiration of the cure period permitted under the Relevant Environmental Laws, if any, Landlord may, but shall not be obligated to, exercise its right to do one or more of the following: (i) elect that such failure constitutes an Event of Default; and (ii) take any and all actions, at Tenant’s sole cost and expense, that Landlord deems necessary or desirable to cure any such noncompliance. Any costs incurred by Landlord pursuant to this subsection shall constitute an Advance.

 

Nothing contained in this Section 4.6 shall be construed to subject Tenant to any liability or indemnity obligation with respect to any condition existing prior to the date hereof.

 

Capitalized terms used in this Section and not otherwise defined herein shall have the following meanings:

 

“Asbestos” means that term as it is defined under the Relevant Environmental Laws, and shall include, without limitation, asbestos fibers and friable asbestos, as such terms are defined under the Relevant Environmental Laws.

 

“Hazardous Substance” means any of the following as defined by the Relevant Environmental Laws: solid wastes; biological, medical or nuclear waste or materials; toxic or hazardous substances, petroleum products or derivatives, wastes, or contaminants (including, without limitation, polychlorinated biphenyls (“PCBs”), paint containing lead, and urea-formaldehyde foam insulation; and discharges of sewage or effluent.

 

“Relevant Environmental Laws” means all applicable federal, state and local laws, rules, regulations, orders, judicial determinations, and decisions or determinations by any judicial, legislative or executive body of any governmental or quasi-governmental entity, as they may be amended from time to time, whether presently existing or hereinafter enacted, adopted or ordered with respect to: (a) the existence on, discharge from or to, or removal from all or any portion of the Leased Premises of any Hazardous Substance; and (b) the effects on the environment of all or any portion of the Leased Premises, or of any activity now, previously, or hereafter conducted on the Leased Premises.

 

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“Permitted Hazardous Substance” means any Hazardous Substance which is necessary and commercially reasonable for the provision of any good or service related to the Permitted Use.

 

4.7                               Quiet Enjoyment. Upon timely payment of all amounts due Landlord under this Lease and performance of the covenants and agreements herein contained, in the manner and at the time set therefor, Tenant shall, and may peacefully and quietly have, hold and occupy the Leased Premises during the Lease Term.

 

ARTICLE 5 - MAINTENANCE AND SERVICES

 

5.1                               Landlord’s Obligations.

 

(a)                      Landlord shall, and at its sole cost and expense, make all necessary repairs and replacements of both capital and non-capital nature to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance.

 

(b)                           Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building.

 

(c)                            On or prior to the Commencement Date, Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same.

 

(d)                           Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving

 

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the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind. Notwithstanding the foregoing, Landlord shall deliver the Leased Premises with the leasehold improvements set for the in Section 6.1 of the Lease.

 

5.2                               Tenant’s Obligations.

 

(a)                           Except as specifically provided in the foregoing Section, Tenant shall, at its sole cost and expense continuously keep and maintain the Leased Premises in a clean and safe condition and maintain the same in good repair. In the event that Landlord shall reasonably determine that Tenant has failed in any respect to observe and perform the covenant contained in the foregoing sentences of this Section, Landlord may (but shall not be obligated to) within ten (10) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance.

 

(b)                           In the event that Landlord provides Tenant and/or Tenant’s contractors with access to the Leased Premises prior to the Commencement Date neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use of the Building by Landlord or any other tenant in the Building, (ii) Tenant shall be liable for any damage, loss or injury caused by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Date.

 

5.3                               Utilities.

 

(a)                           Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of and pay the cost of all utilities for the Building, including electricity, gas, hot and cold water, janitorial services, telephone, cable and other utility services installed for the Leased Premises or the occupants thereof, including, without limitation, fees and taxes thereon. Landlord shall additionally provide a generator for electricity that automatically provides back-up electric power for the Building in the event of a failure of the applicable utility to do so.

 

(b)                           Except as otherwise set forth in this Lease, Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other service being furnished to the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding the foregoing, if (i) an interruption or curtailment, suspension or stoppage of electrical service to the Building occurs and continues without restoration for more than twenty-four (24) hours after Landlord shall have received notice thereof from Tenant, and (ii) as a result of interruption or curtailment, suspension or stoppage of electrical service to the Building, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then Tenant may make such reasonable

 

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repairs, replacements or alterations to the electrical generator serving the Building and Landlord shall reimburse Tenant for the cost thereof within ten (10) days after receipt of a third party invoice therefor. Landlord shall not be responsible for any cost or expense incurred by Tenant for damage or loss of any biological or medical materials, substances or supplies kept on the Leased Premises, whether resulting from any failure or interruption of any utility or other service being furnished to the Leased Premises, unless any such damage or loss results solely from the gross negligence or willful misconduct of Landlord or Landlord’s agents, invitees, employees or contractors.

 

(c)                            Landlord shall keep and maintain the Leased Premises at a commercially reasonable temperature to comply with ASHRAE standards for office and laboratory occupancy, as applicable, between the hours of 8 a.m. to 6 p.m. on weekdays that are not official national or state holidays. Tenant acknowledges and understands that the temperature within the Leased Premises is centrally controlled and timed and is measured by sensors in the Leased Premises that are subject to manual override with respect to timing. Landlord agrees that so long as Tenant does not operate its business within the Leased Premises in more than a single shift that runs between such times, Tenant shall have the right to override the timing controls during off hours and on weekends to ensure that the Leased Premises are at a commercially reasonable temperature. However, in the event that Tenant shall maintain more than one operating shift, Tenant acknowledges and agrees that Landlord may charge Tenant for the additional utility charges incurred by Landlord to maintain the Leased Premises at a commercially reasonable temperature to comply with ASHRAE standards for. office and laboratory occupancy, as applicable, during off hours and weekends.

 

5.4                               Force Majeure. Notwithstanding anything contained in this Lease to the contrary, Landlord shall not be liable to Tenant, nor shall the Base Rent or the Additional Rent abate, for failure or delay in furnishing water, heat, air-conditioning, electricity or maintenance service, when such failure or delay is occasioned by repairs, renewals or improvements or by any strike, lockout, work stoppage, labor controversy, accident, casualty or by any other cause beyond the reasonable control of Landlord. Such failure or delay shall not be deemed an act of eviction (constructive or otherwise) against Tenant nor shall such failure or delay in any way operate as a release from the prompt and punctual performance of Tenant’s duties and obligations under this Lease.

 

5.5                               Access to Leased Premises. Landlord may enter the Leased Premises after business hours, upon twenty-four (24) hours’ notice to Tenant (and at any time and without notice in case of emergency), for the purposes of (a) inspecting the Leased Premises, (b) exhibiting the Leased Premises to prospective purchasers, lenders or, within one hundred eighty (180) days of the end of the Term, (c) determining whether Tenant is complying with all of its obligations hereunder, (d) supplying janitorial service and any other services to be provided by Landlord to Tenant hereunder, (e) posting notices of non-responsibility, and (f) making repairs or replacements required of Landlord under the terms hereof or repairs to any adjoining space or utility services or make repairs, alterations or improvements to any other portion of the Building. For such purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, on or about the Leased Premises (excluding Tenant’s vaults, safes, storage facilities for sensitive materials, confidential patient files and similar areas designated in writing by Tenant in advance); and Landlord shall have the right to use any and all means which Landlord

 

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may deem proper to open said doors in any emergency in order to obtain entry to the Leased Premises. If, as a result of any such inspection or for any reason, Landlord reasonably determines that Tenant has failed to meet its obligations under Section 5.2 hereof, Landlord shall so notify Tenant and Tenant shall immediately commence to cure any such failure. In the event Tenant refuses or neglects to commence and complete such cure within a reasonable time, Landlord may make or cause to be made such repairs. In such event, Landlord’s cost to make such repairs shall constitute an Advance.

 

ARTICLE 6 - LEASEHOLD IMPROVEMENTS; ALTERATIONS; SIGNAGE

 

6.1                               Leasehold Improvements. At its sole cost and expense, Landlord shall make the improvements to the Leased Premises detailed on Exhibit D attached hereto in the time period(s) provided on such Exhibit D. Landlord shall make or cause to be made such Exhibit D improvements promptly, in a good workmanlike manner, in compliance with all applicable permits and authorizations and building and zoning laws and all laws, in accordance with the orders, rules and regulations of the Board of Fire Insurance Underwriters and any other body hereafter exercising similar functions having or asserting jurisdiction over the Leased Premises, and according to the plans approved by Landlord. All such improvements shall become the property of Landlord at the expiration or termination of the Lease Term and shall be surrendered with the Leased Premises; provided, however, that Landlord may condition its consent to any such improvements to a condition requiring Tenant to remove any such improvements upon the expiration or termination of the Lease Term and restoring the Leased Premises to the condition which existed on the date Tenant took possession, subject to normal wear and tear and excepting condemnation or any casualty not caused by the gross negligence or willful misconduct of Tenant. In the event that Tenant desires to cause such improvements to be made prior to the Commencement Date and provided the Leased Premises is not otherwise occupied, Tenant is hereby granted a license to enter into the Leased Premises for such purpose, subject to the obligations of Tenant under Section 6.3 hereof.

 

6.2                               Alterations.

 

(a)                           With the prior written consent of Landlord, Tenant may from time to time, at its sole cost and expense and after giving Landlord copies of all architectural plans and specifications and related governmental permits, make alterations, replacements, additions, changes, and improvements (collectively referred to in this Article as “Alterations”) in and to the interior of the Leased Premises as it may find necessary or convenient for operating the Leased Premises for the Permitted Use. Landlord may condition such consent as Landlord reasonably determines, including, without limitation, a condition requiring Tenant to remove any such Alteration upon the expiration or termination of the Lease Term and restoring the Leased Premises to the condition which existed on the date Tenant took possession, subject to normal wear and tear. Landlord shall give Tenant notice at the time of granting any such consent indicating whether Landlord will require Tenant to remove any such Alteration upon the expiration or termination of the Lease Term. Notwithstanding the foregoing, Tenant shall be permitted, without Landlord’s consent, to make alterations of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpet, so long as such alterations (i) are not visible from the exterior of the Leased Premises and (ii) do not affect the walls or windows (other that Landlord approved window coverings) of the Leased Premises; the roof, subfloor or any other

 

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structural element of the Building; or the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Building, subject, however, to the right of Landlord to request that Tenant, at Tenant’s sole cost and expense, to remove any of such alterations upon the expiration or earlier termination of this Lease.

 

(b)                           All Alterations made on the Leased Premises shall become the property of Landlord at the expiration or termination of the Lease Term and shall be surrendered with the Leased Premises. Notwithstanding the foregoing, so long as Tenant is not in default under this Lease at the time of such expiration or termination, Tenant may remove its trade fixtures (including, without limitation, data cabling) from the Leased Premises, subject, however to the obligation of Tenant to repair any damage by its removal of any such trade fixtures, which obligation shall survive such expiration or termination.

 

(c)                            Notwithstanding anything contained herein to the contrary, Tenant shall, at its sole cost and expense, make any non-structural Alteration to or on the Leased Premises, or any part thereof that may be necessary or required by reason of any law, rule, regulation or order promulgated by any competent government authority.

 

(d)                           Tenant shall make or cause to be made any Alteration promptly and in a good workmanlike manner, in compliance with all applicable permits and authorizations and building and zoning laws and all laws, in accordance with the orders, rules and regulations of the Board of Fire Insurance Underwriters and any other body hereafter exercising similar functions having or asserting jurisdiction over the Lased Premises.

 

(e)                            Tenant may contract with Landlord to complete construction of any Alteration and Landlord shall provide Tenant with a bid for the cost thereof prepared by Landlord’s construction contractor(s). Alternatively, Tenant may obtain additional bids if it so chooses and engage its own contractor, provided Landlord receives copies of the bids and approves Tenant’s contractor and proposed materials, in writing, prior to the commencement of the work relating to such Alteration. Landlord shall not be responsible for the quality or nature of the work performed by any contractor engaged by Tenant. Tenant shall indemnify and hold Landlord harmless from and against any damage to the Building, or any other loss, cost, expense or other liability suffered by Landlord by reason of the act or omission of any contractor so engaged by Tenant.

 

6.3                               Liens. Tenant shall do all things necessary to prevent the filing of any construction, mechanics’ or other liens or encumbrances against the Building or the Land, or any part thereof, or upon any interest of Landlord or any mortgagee of the Land and/or the Building, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Tenant, or anyone holding the Leased Premises, or any part thereof, through or under Tenant. If any such lien or encumbrance shall at any time be filed against the Leased Premises, or any portion thereof, Tenant shall either cause same to be discharged of record within thirty (30) days after the date of filing of same or, if Tenant in good faith determines that such lien should be contested, Tenant shall furnish such security as Landlord shall determine to be necessary and/or required to prevent any foreclosure proceedings against the Leased Premises, or any portion thereof, during the pendency of such contest, and Tenant shall cause the title insurance company or companies insuring the respective interests in the Leased Premises of Landlord and/or

 

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Landlord’s mortgagee(s) in any portion of the Leased Premises to remove such lien as a matter affecting title to the Leased Premises. If Tenant shall fail to discharge any such lien or encumbrance within such period or fail to furnish such security, then, in addition to any other right or remedy of Landlord resulting from said default of Tenant, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by giving security or in such other manner as is, or may be, prescribed by law, and all costs, expenses, and other sums of money spent by Landlord in connection therewith shall constitute an Advance. All materialmen, contractors, artisans, mechanics, laborers, and any other persons now or hereafter contracting with Tenant for the furnishing of any labor, services, materials, supplies, or equipment with respect to any portion of the Leased Premises, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same. Tenant shall indemnify and defend Landlord from and against any liability, loss, damage, costs, attorneys’ fees, and any other expense incurred as a result of claims of lien by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant, which indemnity obligation shall survive the expiration or termination of this Lease. Tenant shall give Landlord notice of the intended commencement date at least ten (10) days prior to the commencement of any work for which a claim of lien may be filed to enable Landlord to post notices of non-responsibility or any other notices which Landlord deems necessary for the proper protection of Landlord’s interest in the Leased Premises and Landlord shall have the right to enter the Leased Premises and post such notices at any reasonable time.

 

6.4                               Signage. Landlord shall, at its sole cost and expense, include Tenant’s name in the Building directory. Landlord shall also place the suite number and Tenant name or in the immediate vicinity of the entry door to the Leased Premises. Tenant shall not have the right to install any other sign without Landlord’s prior written consent. Any sign that Tenant is permitted to install shall fully comply with all present and future laws, ordinances, orders, rules, regulations and requirements of any governmental entity having jurisdiction over the Leased Premises, as well as the building and use restrictions applicable to the Leased Premises.

 

ARTICLE 7 - INSURANCE

 

7.1                               Tenant’s Insurance. Tenant covenants and agrees that from and after taking possession of the Leased Premises, Tenant shall carry and maintain, at its sole cost and expense, the following types of insurance, in the amounts specified and in the form hereinafter provided for:

 

(a)                           Comprehensive general liability insurance with limits of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) annual aggregate. If such insurance coverage has a deductible clause, the deductible amount shall not exceed Five Thousand Dollars ($5,000) per occurrence including loss adjustment expense, and Tenant shall be liable for such deductible amount.

 

(b)                           Worker’s compensation insurance or self insurance as required by the State of Michigan and employer’s liability insurance in amounts as reasonably determined by Tenant and reported to Landlord upon the execution of this Lease and upon any change in such amounts during the Lease Term.

 

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(c)                            Insurance covering all leasehold and non-structural improvements located on the Leased Premises and all furniture, fixtures, equipment (including, without limitation, the Equipment), inventory, merchandise, and personal property (including, without limitation, signs and plate glass) from time to time in, on or upon the Leased Premises, in an amount not less than one hundred percent (100%) of their full replacement value, providing protection against any peril included within the classification “All Risk”, together with insurance, if pertinent, against sprinkler damage. Any policy proceeds shall be used for the repair or replacement of the property damaged or destroyed.

 

Tenant’s obligation to maintain the insurance provided for in this Section may be brought within the coverage of any “blanket policy” or policies of insurance carried and maintained by Tenant provided that the coverage afforded will not be reduced or diminished by reason of the use of such blanket policies of insurance. In the event that Tenant shall fail to pay the premiums due for the insurance policies required by this Section, Landlord shall have the right, but not the obligation, to pay the same in which case any such payment shall constitute an Advance.

 

7.2                       Policy Form.

 

(a)                           All policies of insurance required by the foregoing Section shall be issued by reputable and financially sound insurance companies reasonably satisfactory to Landlord having an A.M. Best Company rating of not less than “A” which are qualified to do business in the State of Michigan. All such policies shall be issued in the names of Tenant, and name Landlord and, if requested by Landlord, Landlord’s mortgagee(s) as additional insureds and loss payees so that such policies shall be for the mutual and joint benefit and protection of Landlord, Tenant and any such mortgagee. Tenant shall deliver executed copies of such policies of insurance or certificates thereof to Landlord prior to Landlord’s execution of this Lease. Thereafter, Tenant shall deliver executed copies of renewal policies or certificates thereof to Landlord within thirty (30) days prior to the expiration of the term of each such policy. As often as any such policy shall expire or terminate, Tenant shall procure and maintain renewal or additional policies in like manner and to like extent. All policies of insurance delivered by Tenant to Landlord shall contain a provision that the company writing said policy will give to Landlord and any mortgagee of Landlord not less than thirty (30) days’ notice in advance of any modification, cancellation, lapse, or reduction in the amounts of insurance, and shall further contain an agreement that any loss otherwise payable thereunder shall be payable notwithstanding any act or negligence of Landlord or Tenant which might, absent such agreement, result in a forfeiture of all or part of the payment of such loss. All general liability, property damage, and other casualty policies shall be written on an occurrence basis as primary policies, not contributing with or in excess of coverage that Landlord may carry.

 

7.3                       Landlord’s Insurance.

 

(a)                           At all times from and after Tenant takes possession of the Leased Premises, Landlord shall maintain or cause to be maintained a policy or policies of insurance covering any peril generally included in the classification “all risk”, covering the Leased Premises, in an amount which is the greater of one hundred percent (100%) of its full replacement value (exclusive of the cost of excavations, foundations and footings) or such greater amount as Landlord’s mortgagee may require Landlord to maintain.

 

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(b)                                   Landlord shall obtain comprehensive general liability insurance with single limit coverage of up to $1,000,000 per occurrence, and Two Million Dollars ($2,000,000) annual aggregate.

 

(c)                                    Landlord shall additional obtain and maintain such additional insurance as Landlord may be contractually obligated to provide, including, without limitation, $10,000,000 in coverage for environmental risk relating to existing as of the date of the acquisition of the Land and the Building by Tenant.

 

(d)                                   Landlord’s obligation to maintain the insurance provided for in this Section may be brought within the coverage of any “blanket policy” or policies of insurance carried and maintained by Landlord, provided that the coverage afforded will not be reduced or diminished by reason of the use of such blanket policies of insurance.

 

7.4                                       Subrogation Waiver. Landlord (for itself and its insurer) hereby waives any rights, including rights of subrogation, and Tenant (for itself and its insurer) hereby waives any rights, including rights of subrogation, each may have against the other on account of any loss or damage occasioned to Landlord or Tenant, as the case may be, to their respective property, the Leased Premises or its contents that are caused by or result from risks insured against under any insurance policies carried by the parties hereto and in force at the time of any such damage or which would have been covered by insurance required to be carried under this Lease. The foregoing waivers of subrogation shall be operative only so long as available in the State of Michigan and so long as no policy of insurance is invalidated thereby.

 

7.5                                       Insurance Use Restrictions. Tenant agrees that it will not carry any stock or goods or do anything in, on or about the Leased Premises that will substantially increase the insurance rates upon the building of which the Leased Premises are a part.

 

7.6                                       Indemnification.

 

(a)                                   Tenant shall at all times indemnify Landlord for, defend Landlord for, defend Landlord against, and save Landlord harmless from, any liability, loss, cost, injury, damage or other expense or risk whatsoever that may occur or be claimed by or with respect to any person(s) or property on or about the Leased Premises and resulting directly or indirectly from the use, misuse, occupancy, possession or disuse of the Leased Premises by Tenant or other persons claiming through or under Tenant, or their respective agents, employees, licensees, customers, invitees, guests or other such persons, or from the condition of the Leased Premises. Tenant shall, at its cost and expense, defend Landlord against any and all such actions, claims and demands and shall indemnify Landlord for all costs, expenses and liabilities it may incur in connection therewith, including, without limitation, reasonable attorneys’ fees and expenses. Landlord shall not in any event whatsoever be liable for any injury or damage to the Leased Premises or to Tenant or to any other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests or other such persons or to any property of any such persons; provided, however, that Landlord shall be so liable to the extent any such injury arises out of the negligence or willful misconduct of Landlord or persons acting by or on behalf of Landlord. Except in the case of such negligence or willful misconduct, Tenant shall not make any claim or demand upon or institute any action against Landlord as a result of such

 

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injury or damage. Tenant covenants and agrees during the Lease Term to pay when due or reimburse and indemnify and hold Landlord harmless from and against all inspection fees, taxes, bonds, permits, certificates, assessments and sale, use, property or other taxes, fees or tolls of any nature whatsoever (together with any related interest or penalties) now or hereafter imposed against Landlord or Tenant by any federal, state, county or local governmental authority upon or with respect to the Leased Premises or the use thereof or upon the possession, leasing, use, operation or other disposition thereof or upon the rents, receipts or earnings arising therefrom or upon or with respect to this Lease (excepting only federal, state (other than the Michigan Business Tax) and local net income taxes on the income of Landlord). The foregoing indemnity shall survive the expiration or earlier termination of the term of this Lease.

 

(b)                                   Landlord shall indemnify Tenant for, defend Tenant against, and save Tenant harmless from, any liability, loss, cost, injury, or damage to the extent resulting from the use, misuse, occupancy, possession or disuse of the Leased Premises by Landlord or Landlord’s agents, guest, clients, employees, licensees, invitees. Landlord shall, at its cost and expense, defend Tenant against any and all such actions, claims and demands and shall indemnify Tenant for all costs, expenses and liabilities it may incur in connection therewith, including, without limitation, reasonable attorneys’ fees and expenses. Tenant shall not in any event whatsoever be liable for any injury or damage to the Leased Premises or to Landlord or to any other persons claiming through or under Landlord, or their respective agents, employees, licensees, invitees, guests or other such persons or to any property of any such persons; provided, however, that Tenant shall be so liable to the extent any such injury arises out of the negligence or willful misconduct of Tenant or persons acting by or on behalf of Tenant. Except in the case of such negligence or willful misconduct, Landlord shall not make any claim or demand upon or institute any action against Tenant as a result of such injury or damage. The foregoing indemnity shall survive the expiration or earlier termination of the term of this Lease.

 

ARTICLE 8 - DAMAGE TO OR CONDEMNATION OF THE LEASED PREMISES

 

8.1                               Damage to the Leased Premises.

 

(a)                                   If by reason of fire or other casualty the Leased Premises are damaged and Landlord reasonably determines that either twenty five percent (25%) or more of the area of the Leased Premises or of the Building have become untenantable as a result, which determination shall be made and notice thereof given to Tenant within thirty (30) days of such fire or other casualty, then either Landlord or Tenant may, within thirty (30) days after such fire or casualty, give the other notice of its election to terminate this Lease, in which event this Lease shall terminate effective as of the date of such fire or casualty. Upon such termination, Landlord and Tenant shall each thereafter be released from any further liability accrued under this Lease. Tenant shall pay Landlord the Base Rent and the Additional Rent up to such date; provided, however, that Tenant shall receive a proportionate refund from Landlord of any prepaid Base Rent or Additional Rent. In the event that neither Landlord nor Tenant exercises its option to terminate this Lease, then Landlord shall repair or restore such damage, this Lease shall continue in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of such damage until Leased Premises are restored to a tenantable condition, as determined by the Landlord in the exercise of its reasonable discretion. Such abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making of such

 

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repairs shall materially interfere with the use and occupancy by Tenant of the Leased Premises from time to time.

 

(b)                                   If by reason of fire or other casualty the Leased Premises are damaged and Landlord determines that less than twenty-five percent (25%) of the area of the Leased Premises and the Building are damaged but all or some portion of the Leased Premises are untenantable as a result, Landlord shall, at its sole cost and expense, promptly restore that portion of the Leased Premises to a condition substantially similar to that existing at the Commencement Date. Similarly, Tenant shall, upon completion of Landlord’s restoration or, to the extent practicable, in concert therewith, restore the remainder of the Leased Premises to such condition at its sole cost and expense. If such repairs cannot, in Landlord’s reasonable estimation, be made within one hundred eighty (180) days, Landlord and Tenant shall each have the option of giving the other, at any time within ninety (90) days after such damage, notice terminating this Lease as of the date of such damage. In the event of the giving of such notice, this Lease shall expire and all interest of the Tenant in the Leased Premises shall terminate as of the date of such damage as if such date had been originally fixed in this Lease for the expiration of the Lease Term. In the event that neither Landlord nor Tenant exercises its option to terminate this Lease, then Landlord shall repair or restore such damage, this Lease shall continue in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of such damage until Leased Premises are restored to a tenantable condition, as determined by the Landlord in the exercise of its reasonable discretion. Such abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall materially interfere with the use and occupancy by Tenant of the Leased Premises from time to time.

 

(c)                                    Subject to subsection (a) of this Section, notwithstanding the partial or total destruction of the Leased Premises and any part thereof, there shall be no abatement of the Base Rent, the Additional Rent or of any other obligation of Tenant hereunder by reason of such damage or destruction except to the extent Landlord is covered by and receives payment under a policy of insurance covering rent loss in the event of casualty. In the event Landlord receives any such payment, Landlord shall give Tenant notice of the amount of such payment on a per month basis and the amount of the Base Rent shall be reduced by the amount of such monthly payment. In the event any such insurance benefit is reduced, eliminated or expires, Landlord shall so notify Tenant and any abatement of the Base Rent shall be equally reduced or eliminated, as the case may be.

 

(d)                                   In the event Landlord elects or is required to repair or restore the Leased Premises after any casualty, and such repair or restoration activities require the removal of Tenant’s property, including furniture and trade fixtures or equipment which might otherwise impede or obstruct the repair or restoration of the Leased Premises, Landlord shall have the right, at Tenant’s sole cost and expense, to remove, store and replace (after completion of such repairs or restoration) such furniture, trade fixtures and equipment on behalf of Tenant. Tenant shall pay Landlord the cost of any such removal, storage or replacement, in whole or in part, within ten (10) days after receipt of an invoice therefor from Landlord. The failure of Tenant to pay any such invoice within such ten (10) day period shall constitute an Advance in the amount of such invoice.

 

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8.2                               Condemnation.

 

(a)                                   In the event that the entire Leased Premises is taken by any public authority under the power of eminent domain or sold for public or quasi-public use in lieu of condemnation, then this Lease shall terminate as of the effective date of such taking. Tenant shall pay Landlord the Base Rent and Additional Rent up to such date; provided, however, that Tenant shall receive a proportionate refund from Landlord of any prepaid Base Rent and Additional Rent up to such date. Upon such termination, Landlord and Tenant shall each thereafter be released from any further liability accrued under this Lease.

 

(b)                                   In the event that (i) Landlord reasonably determines (which determination shall be set forth in a notice from Landlord to Tenant given within thirty (30) days after a final determination that such taking or sale will occur) that less than all, but thirty-five percent (35%) or more, of the area of the Building is taken under eminent domain or sold for public or quasi-public use in lieu of condemnation, or (ii) by reason of any appropriation or taking, regardless of the amount so taken, the remainder of the Land is not one undivided parcel of property, either Landlord or Tenant shall have the right to terminate this Lease by giving the other notice thereof to the other within thirty (30) days after the date of such notice. In the event that either party hereto so elects to terminate this Lease, Tenant shall immediately pay Landlord the Base Rent and the Additional Rent up to the effective date of such taking; provided, however, that Tenant shall receive a proportionate refund from Landlord of any prepaid portion of the Base Rent and the Additional Rent up to such date. In the event neither party elects to terminate this Lease, Tenant shall continue in possession of the remainder of the Leased Premises, and all of the terms and conditions of this Lease shall continue in full force and effect, except that the Base Rent and the Tenant’s Proportionate Share shall be reduced in proportion to the area of that portion of the Leased Premises taken, and Landlord shall, at its own cost and expense and as expeditiously as practicable, make all repairs or alterations to the Leased Premises necessary to constitute the remainder of the Leased Premises a complete architectural unit substantially similar, excepting size, to the Leased Premises before such taking. Tenant hereby waives any statutory rights of termination that may arise by reason of any partial taking of the Leased Premises under the power of eminent domain.

 

(c)                                    All damages awarded for any taking under the power of eminent domain or as consideration for a sale in lieu of condemnation, whether for all or a part of the Leased Premises, shall belong to and be the property of Landlord; provided, however, that Landlord shall not be entitled to any award or consideration made to Tenant for loss of business or removal of furniture, fixtures and other equipment installed on the Leased Premises by Tenant.

 

(d)                                   In the event Landlord elects or is required to repair or restore the Leased Premises after any such taking, and such repair or restoration activities require the removal of Tenant’s property, including furniture and trade fixtures or equipment which might otherwise impede or obstruct the repair or restoration of the Leased Premises, Landlord shall have the right, at Tenant’s sole cost and expense, to remove, store and replace (after completion of such repairs or restoration) such furniture, trade fixtures and equipment on behalf of Tenant. Tenant shall pay Landlord the cost of any such removal, storage or replacement, in whole or in part, within ten (10) days after receipt of an invoice therefor from Landlord. The failure of Tenant to pay any

 

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such invoice within such ten (10) day period shall constitute an Advance in the amount of such invoice.

 

(e)                                    For purposes of this Section only, a voluntary sale or conveyance under threat and in lieu of condemnation shall be deemed an appropriation or taking under the power of eminent domain.

 

(f)                                     Landlord and Tenant shall promptly notify the other of any notice Landlord and Tenant shall receive of any threatened condemnation or other action under the power of eminent domain involving the Leased Premises.

 

ARTICLE 9 - ASSIGNMENT AND SUBLETTING; SUBORDINATION

 

9.1                                       Landlord’s Consent Required. For purposes of this Article, the terms “assign” and “assignment” shall include and mean any act attempting to, or document purporting to, assign, transfer, sublet, enter into license or concession agreements for, change ownership of, mortgage or hypothecate this Lease or Tenant’s interest in and to the Leased Premises or any part thereof. Tenant shall not assign this Lease or all or any portion of Tenant’s interest in and to the Leased Premises without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, but may be conditioned upon receipt by Landlord of notice requesting such consent, which notice shall set forth the terms of any such assignment or sublet and provide credit information on any proposed assignee in form and substance satisfactory to Landlord. Any attempted assignment without such consent shall be void, and shall constitute a breach of this Lease. For purposes hereof, a change in the majority ownership of and/or the power to vote the majority of the outstanding voting securities of Tenant occurring in one or a series of related transactions shall constitute an assignment of this Lease.

 

9.2                                       Assumption of Obligations. Any assignment to which Landlord has consented shall be by an instrument in writing and any assignee, transferee, licensee, concessionaire, or mortgagee shall agree for the benefit of Landlord to be bound by, assume and perform all of the terms, covenants and conditions of this Lease.

 

9.3                                       Assignment to Affiliate. Notwithstanding anything to the contrary contained in this Article, Tenant shall have the right to assign this Lease, or sublet the Leased Premises or any portion thereof, without the consent of Landlord, to any corporation (a) with which it may merge or consolidate, (b) which is a parent or subsidiary of Tenant, or (c) which is the successor corporation to Tenant in the event of a corporate reorganization or sale of all or substantially all its capital stock or assets, provided that said assignee assumes, in full, the obligations of Tenant under this Lease and Tenant remains primarily liable under this Lease.

 

9.4                                       Hypothecation of Lease. Without the prior written consent of Landlord, Tenant may not mortgage, pledge or otherwise encumber its leasehold estate hereunder, and any attempt to mortgage, pledge or otherwise encumber such estate shall be null and void and of no force and effect.

 

9.5                                       No Release of Tenant. Regardless of Landlord’s consent, no subletting or assignment shall release Tenant of Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed,

 

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by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Tenant or any successor Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to Tenant, or any successor of Tenant, but without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Lease.

 

9.6                                       Excess Rent. In the event that Tenant shall sublease all or any portion of the Leased Premises as permitted by this Article, and the rent payable under any such sublease shall exceed the Base Rent payable hereunder, Tenant shall pay Landlord such excess with each installment of Base Rent due under this Lease; provided, however, that in the event any such sublease is only of a portion of the Leased Premises, any such excess shall be determined by pro rating the Base Rent on the basis of the portion so subleased.

 

9.7                                       Subordination. At Landlord’s option, this Lease shall be subordinate to any superior lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the Leased Premises and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. In furtherance thereof, Tenant hereby agrees, upon request by Landlord, to execute and deliver an agreement so subordinating this Lease and attorning to the holder of any such superior interest. Landlord shall use commercially reasonable efforts to cause any such holder to agree not to disturb the tenancy of Tenant under this Lease upon default by Landlord of the terms of any instrument evidencing such superior interest. Notwithstanding the foregoing, Tenant’s obligations under this Section are conditioned on the holder of each of Landlord’s mortgages providing to Tenant a non-disturbance agreement in form reasonably acceptable to Tenant.

 

ARTICLE 10 - DEFAULT; REMEDIES

 

10.1                                Events of Default. The occurrence of any one or more of the following events shall constitute material default by Tenant under this Lease (each an “Event of Default”):

 

(a)                                   The failure by Tenant to make any payment when due of Base Rent, Additional Rent or any other payment required to be made by Tenant hereunder, where such failure shall continue for a period of five (5) days; provided, however, that Tenant shall be entitled to an additional ten (10) days’ grace not more often than once each calendar year during the Term.

 

(b)                                   Except as otherwise provided in this Lease, the failure by Tenant to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Tenant, other than described in the foregoing clause (a), where such failure shall continue for a period of thirty (30) days after notice thereof from Landlord to Tenant; provided, however, that if the nature of Tenant’s noncompliance is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant

 

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commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion and the final determination thereof within not more than ninety (90) days.

 

(c)                                    Tenant shall abandon the Leased Premises by failing to conduct normal business operations within the Leased Premises for more than thirty (30) consecutive days.

 

(d)                                   (i) The making by Tenant of any general arrangement or general assignment for the benefit of creditors; (ii) Tenant becomes a “debtor” as defined in 11 U.S.C. Section 101 or any successor statute thereto (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Tenant’s assets or of Tenant’s interest in this Lease, where possession is not restored to Tenant within thirty (30) days; (iv) the attachment, execution, or other judicial seizure of substantially all of Tenant’s assets or of Tenant’s interest in this Lease, where such seizure is not discharged within thirty (30) days; or (v) this Lease or the leasehold estate created hereby any estate of Tenant hereunder shall be levied upon under any attachment or execution and such attachment or execution is not vacated, bonded or stayed within sixty (60) days. In the event that any provision of this subsection (d) is contrary to any applicable law, such provision shall be of no force or effect.

 

10.2                                Remedies. Upon the occurrence of an Event of Default, Landlord may at any time thereafter, with reasonable notice, but without demand and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason of such default:

 

(a)                                   Terminate Tenant’s right to possession of the Leased Premises by any lawful means, in which case this Lease and the term hereof shall terminate and Tenant shall immediately surrender possession of the Leased Premises to Landlord. In such event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default including, without limitation, the cost of recovering possession of the Leased Premises, expenses of re-letting, including reasonable and necessary renovation and alteration of the Leased Premises, reasonable attorneys’ fees and expenses, any real estate commission actually paid, and the present value of the unpaid Base Rent for the balance of the Lease Term determined on the basis of a discount rate equal to seven percent (7%) per annum.

 

(b)                                   Maintain Tenant’s right to possession of the Leased Premises by any lawful means, in which case this Lease and the term hereof shall continue in effect whether or not Tenant shall have vacated or abandoned the Leased Premises. In such event Landlord shall be entitled to enforce all of Landlord’s rights and remedies under the Lease, including the right to recover the rent as it becomes due hereunder.

 

(c)                                    Pursue any other remedy now or hereafter available to Landlord under this Lease or under the laws or judicial decisions of the State of Michigan.

 

10.3                                Remedies Cumulative. The rights and remedies whether herein or anywhere else in this Lease provided shall be cumulative, and the exercise of any one right or remedy, or any single or partial exercise of any such right or remedy, shall not preclude the exercise of or act as a waiver of any other right or remedy of Landlord hereunder, or which may be existing at law, or in equity or by statute or otherwise; provided, however, that any liquidated damages provided for

 

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herein shall be Landlord’s sole remedy for the Event of Default for which such damages are provided.

 

10.4                                Indemnity for Default. In addition to the foregoing, Tenant, and its successors and assigns, shall at all times indemnify Landlord for, defend Landlord against and save Landlord harmless from any liability, loss, cost, injury, damage or other expense or risk whatsoever (including, without limitation, reasonable attorney’s fees and expenses actually incurred), directly or indirectly, arising out of, resulting from or otherwise in connection with (a) the failure for any reason on the part of Tenant to perform, observe or comply with any of the covenants, conditions and obligations under this Lease to be performed, observed or complied with by Tenant, and/or (b) the breach of any representation or warranty given by Tenant in this Lease.

 

10.5                                                                      Bankruptcy. If, as a matter of law, Landlord has no right on the bankruptcy of Tenant to terminate this Lease, then, if Tenant, as debtor, or its trustee wishes to assume or assign this Lease, in addition to curing or adequately assuring the cure of all defaults existing under this Lease on Tenant’s part on the date of filing of the proceeding (such assurances being defined below), Tenant, as debtor, or the trustee or assignee must also furnish adequate assurances of future performance under this Lease (as defined below). Adequate assurance of curing defaults means the posting with Landlord of a sum in cash sufficient to defray the cost of such a cure. Adequate assurance of future performance under this Lease means posting a deposit equal to three (3) months’ rent, including all other charges payable by Tenant hereunder and, in the case of an assignee, assuring Landlord that the assignee is financially capable of assuming this Lease, and that its use of the Leased Premises will not be detrimental to the other tenants in the Building or Landlord. In a reorganization under Chapter 11 of the Bankruptcy Code, the debtor or trustee must assume this Lease or assign it within one hundred twenty (120) days from the filing of the proceeding, or he shall be deemed to have rejected and terminated this Lease.

 

ARTICLE 11 - EXPIRATION

 

11.1                                Surrender of Possession.

 

(a)                                   Upon termination of this Lease, Tenant shall immediately surrender the Leased Premises to Landlord in substantially the same condition as when first occupied by Tenant, reasonable wear and tear, casualty and condemnation excepted. Tenant shall also shall surrender all keys for the Leased Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Leased Premises. Except as provided in Section 6.2 hereof, all Alterations, or improvements made by either Landlord or Tenant upon the Leased Premises (except movable office furniture and trade fixtures installed at Tenant’s expense) shall remain upon and be surrendered with the Leased Premises upon termination of this Lease, without molestation or injury, and shall become the property of Landlord.

 

(b)                                   In the event that the removal of any personal property or trade fixtures by or on behalf of Tenant shall damage the Leased Premises, Tenant shall, at its sole cost and expense, cause such damage to be immediately repaired. In the event Tenant shall so fail to

 

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cause repair of any such damage, ten (10) days after written notice to Tenant, Landlord may do so and Tenant shall pay Landlord the reasonable cost of any such repair incurred by Landlord within ten (10) days after receiving an invoice therefor from Landlord, together with interest at the Default Rate if not paid within such ten (10) day period. Any such payment obligation shall survive this Lease.

 

11.2                                Holding Over. If Tenant remains in possession of the Leased Premises or any part thereof after the expiration or termination of the Lease Term, such occupancy shall be a tenancy from month-to-month upon all the provisions of this Lease pertaining to the obligations of Tenant and Tenant shall thereby waive its rights of notice to quit, but all options, if any, granted under the terms of this Lease shall be deemed terminated and be of no further force or effect. The Base Rent during such hold-over period shall be equal to one-hundred fifty percent (150%) of the monthly installment of Base Rent payable immediately prior to expiration or termination of the Lease Term. In addition, Tenant shall continue to be obligated to pay all other amounts required to be paid by the terms of this Lease.

 

11.3                                Re-Renting. For a period commencing one hundred eighty (180) days prior to the termination of this Lease, Landlord may show the Leased Premises to prospective tenants accompanies by Landlord or its agent(s), during reasonable hours and upon reasonable notice to Tenant. In addition, the Landlord shall be entitled to post signs on or about the Leased Premises indicating its availability for rent.

 

ARTICLE 12 - GENERAL PROVISIONS

 

12.1                                Rules. Tenant shall faithfully observe and comply with the rules and regulations annexed to this Lease as Exhibit E and, after notice thereof, all reasonable modifications thereof and additions thereto from time to time promulgated in writing by Landlord, provided that Tenant shall only be required to comply with rules and regulations which are reasonable and nondiscriminatory and which (a) Tenant is given thirty (30) days advance notice of; (b) are for the safety, care, order, and cleanliness of the Common Areas; (c) do not unreasonably or materially interfere with Tenant’s conduct of its business or Tenant’s use and enjoyment of the Leased Premises; and (d) do not require payment of additional moneys. If there is a conflict between Exhibit E or any modification and the Articles of this Lease, the Articles of this Lease shall control.

 

12.2                                Estoppel Certificates.

 

At any time upon not less than ten (10) business days’ prior notice from Landlord, Tenant shall execute, acknowledge and deliver to Landlord and any other person or entity named in such notice a statement in a form prescribed by Landlord certifying and acknowledging that (a) this Lease represents the entire agreement between Landlord and Tenant, and is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the Base Rent and other charges are paid in advance, if any, and (b) there are not, to Tenant’s knowledge, any uncured defaults on the part of Tenant, or specifying such defaults if any are claimed. Any prospective purchaser or encumbrancer of the Leased Premises or the business of Landlord may conclusively rely upon any such statement.

 

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12.3                                Severability. The invalidity of any provision of this Lease as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof.

 

12.4                                Entire Agreement. There are no oral or written agreements or representations between the parties hereto affecting this Lease, and this Lease and the Exhibits hereto supersede and cancel any and all previous negotiations, arrangements, representations, brochures, displays, projections, estimates, agreements, and understandings, if any, made by or between Landlord and Tenant with respect to the subject matter thereof, and none thereof shall be used to interpret, construe, supplement, or contradict this Lease. This Lease, and the Exhibits hereto, and all amendments hereto, constitute and shall be considered to be the only agreement between Landlord and Tenant. All negotiations and oral agreements acceptable to Landlord and Tenant have been merged into and are included herein and in the Exhibits hereto.

 

12.5                                Notices. Any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, certified mail, return receipt requested or by nationally recognized overnight courier service and if given personally or by mail or courier service, shall be deemed sufficiently given if addressed to Tenant or to Landlord, as the case may be, at the addresses for Landlord and Tenant set forth in the Fundamental Lease Provisions. Either party may by notice to the other specify a different address for notice purposes. A copy of all notices required or permitted to be given to Landlord hereunder shall be concurrently transmitted to such party or parties at such addresses as Landlord may from time to time hereafter designate by notice to Tenant.

 

12.6                                Waivers. No waiver by Landlord of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Tenant of the same of any other provision. Landlord’s consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of Landlord’s consent to or approval of any subsequent act by Tenant. The acceptance of Base Rent or any other payment from Tenant hereunder by Landlord shall not be a waiver of any preceding default by Tenant of any provision hereof, other than the failure of Tenant to pay the particular installment of Base Rent or payment so accepted, regardless of Landlord’s knowledge of such preceding default at the time of acceptance of such installment or payment.

 

12.7                                Recording. Either Landlord or Tenant shall, upon request of the other, execute, acknowledge and deliver to the other a “short form” memorandum of this Lease for recording purposes. Such memorandum shall be in the form prescribed by Landlord and shall contain no more than the names of the parties, a description of the Leased Premises and the Lease Term. In addition, Landlord shall have the unilateral right to record an instrument evidencing early termination of the Lease upon the exercise of such remedy by Landlord as permitted by this Lease, which right shall survive such termination. For purposes of the foregoing sentence, Tenant hereby grants to Landlord an irrevocable power of attorney, coupled with an interest and with full power of substitution, to execute and deliver any such instrument evidencing termination of this Lease for purposes of the public records.

 

12.8                                Choice of Law. This Lease shall be governed, construed and enforced in accordance with the internal laws of the State of Michigan, without giving effect to principals of conflicts of law.

 

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12.9              Attorneys’ Fees. Should either party institute any action or proceeding to enforce any provision hereof or for a declaration of such party’s rights or obligations hereunder, the prevailing party shall be entitled to receive from the losing party such amounts as the court may adjudge to be reasonable attorneys’ fees for services rendered to the party prevailing in any such action or proceeding, and such fees shall be deemed to have accrued upon the commencement of such action or proceeding and shall be enforceable whether or not such action or proceeding is prosecuted to judgment.

 

12.10       Liability of Landlord.

 

(a)                                 In the event of any sale or other transfer of Landlord’s interest in the Leased Premises, Landlord shall be and hereby is entirely freed and relieved of all liabilities and obligations of Landlord hereunder arising after the date of such transfer. Landlord shall transfer or deliver the Security Deposit to Landlord’s successor in interest and thereupon Landlord shall be discharged from any further liability with regard to the Security Deposit.

 

(b)                                 Notwithstanding anything contained herein to the contrary, Landlord shall have no personal liability in respect of any of the terms, covenants, conditions or provisions of this Lease, and in the event of a breach or default by Landlord of any of its liabilities and obligations under this Lease, Tenant and any persons claiming by, through or under Tenant shall look solely to the equity of Landlord in the Leased Premises for the satisfaction of Tenant’s and/or such persons’ remedies and claims for damages.

 

12.11       No Merger. There shall be no merger of this Lease, or the leasehold estate created by this Lease, with any other estate or interest in the Leased Premises, or any part thereof, by reason of the fact that the same person, firm, corporation or other entity may acquire or own or hold, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease, or any interest in this Lease or in any such leasehold estate, and (b) any such other estate or interest in the Leased Premises or any part thereof; and no such merger shall occur unless and until all persons, corporations, firms and other entities having an interest (including a security interest) in (i) this Lease or the leasehold estate created by this Lease; and (ii) any such other estate or interest in the Leased Premises, or any part thereof, shall join in a written instrument effecting such merger and shall duly record the same.

 

12.12   Definition of Rent. All monetary obligations of Tenant to Landlord under the terms of this Lease shall be deemed to be “rent.”

 

12.13       Interpretation. The captions by which the Articles and Sections of this Lease are identified are for convenience only and shall have no effect upon the interpretation of this Lease. Whenever the context so requires, singular numbers shall include the plural, the plural shall refer to the singular, the neuter gender shall include the masculine and feminine genders, and the words “Landlord” and “Tenant” and “person” shall include corporations, partnerships, associations, other legal entities, and individuals. Both parties represent and warrant to each other that each has been represented by competent legal counsel and that this Lease shall not be construed against Landlord as the drafting party.

 

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12.14       Relationship of the Parties. Nothing in this Lease shall create a partnership, joint venture, employment relationship, borrower and lender relationship, or any other relationship between Landlord and Tenant other than the relationship of landlord and tenant.

 

12.15        Successors. This Lease shall be binding upon and inure to the benefit of the parties hereto and their respective personal and legal representatives, heirs, successors, and assigns.

 

12.16        Modifications. This Lease may not be altered, amended, changed, waived, terminated, or modified in any manner unless the same shall be in writing and signed by or on behalf of the party to be bound.

 

12.17       Brokerage and other Fees. Tenant and Landlord represent and warr-ant to each other that neither has employed a broker in connection with the execution of this Lease that is entitled to a commission or will pay any commissions relating to this Lease. Landlord and Tenant shall each indemnify and hold the other harmless from and against any claim or claims for brokerage or other commissions arising from such party having employed a broker contrary to its representation in this Section. Tenant shall be solely responsible for any other fees or charges due any other advisor engaged by Tenant in connection with this Lease, including, without limitation, legal counsel and any leasing consultant, whether or not any such advisor is also listed in the Fundamental Lease Provisions as Tenant’s broker.

 

12.18       Waiver of Redemption. To the extent permitted by law, Tenant hereby waives any and all rights of redemption with respect to this Lease. Tenant hereby waives any rights it may have to any notice to cure or vacate or to quit provided by any current or future law; provided that the foregoing shall not be deemed to waive any notice expressly provided in this Lease.

 

12.19       Not Binding Until Executed. This Lease does not constitute an “offer” and is not binding until fully executed and delivered by Landlord. By execution of this Lease, both parties represent and warrant to the other that they have the power and authority to enter into and perform their respective obligations under this Lease.

 

12.20       Counterparts. This Lease may be executed in one or more counterparts, each of which shall constitute one and the same instrument, and all of which together shall constitute one and the same instrument.

 

[SIGNATURES ON FOLLOWING PAGE]

 

30


 

Landlord and Tenant have caused their duly authorized representatives to execute this Lease as of the day and year written above.

 

 

 

 

LANDLORD:

 

 

 

MICHIGAN LIFE SCIENCE AND INNOVATION CENTER LLC

 

 

 

By Ann Arbor Spark Foundation

 

Its Sole Member

 

 

 

 

 

By

/s/ Michael A. Finney

 

 

Michael A. Finney

 

 

Its President

 

 

 

 

 

 

TENANT:

 

 

 

ESPERION THERAPEUTICS, INC.

 

 

 

 

 

By

/s/ Roger S. Newton

 

Name:

Roger S. Newton

 

Title:

PRES/CEO

 

SIGNATURE PAGE - MICHIGAN LIFE SCIENCE AND INNOVATION CENTER LEASE

 


 

EXHIBIT A — LEGAL DESCRIPTION OF LAND

 

Real property in the Township of Plymouth, County of Wayne, State of Michigan, described as follows:

 

A part of the south 1/2 of Section 21, Town 1 South, Range 8 East, Township of Plymouth, Wayne County, Michigan, being more particularly described as: commencing at the southeast corner of said Section 21; thence North 02 degrees 17 minutes 11 seconds West, 962.25 feet along the east line of said Section 21 to a point on the northerly right-of-way line of M-14; thence South 87 degrees 07 minutes 29 seconds West, 3710.50 feet along said right-of-way line to the point of beginning, the following three courses being along the northerly right-of-way line of M-14: (1) continuing South 87 degrees 07 minutes 29 seconds West, 64.95 feet, and (2) North 78 degrees 22 minutes 31 seconds West, 258.62 feet, and (3) North 60 degrees 26 minutes 00 seconds West, 156.36 feet; thence North 05 degrees 43 minutes 23 seconds East, 686.13 feet to a point on the southerly line of a concrete road, the following five courses being along said line: (1) along a curve to the right, 46.61 feet, said curve having a radius of 320.00 feet, central angle of 08 degrees 20 minutes 45 seconds and a long chord bearing of South 69 degrees 50 minutes 14 seconds East, 46.57 feet, and (2) South 65 degrees 39 minutes 51 seconds East, 97.51 feet, and (3) along a curve to the left, 115.62 feet, said curve having a radius of 356.00 feet, central angle of 18 degrees 36 minutes 30 seconds and a long chord bearing of south 74 degrees 58 minutes 06 seconds East, 115.11 feet, and (4) south 84 degrees 16 minutes 21 seconds East, 114.23 feet, and (5) along a curve to the left, 100.49 feet, said curve having a radius of 355.00 feet, central angle of 16 degrees 13 minutes 06 seconds and a long chord bearing of North 87 degrees 37 minutes 06 seconds East, 100.15 feet; thence South 05 degrees 43 minutes 23 seconds West, 718.97 feet to the point of beginning.

 

Together with the non-exclusive easement rights set forth in Planned Unit Development Agreement for North Plymouth Research Park dated June 4, 1987, recorded on June 12, 1987 in Liber 23288, Page 461, re-recorded on January 19, 1990 in Liber 24503, Page 929 and amended by Assignment of Development Rights dated October 12, 1987, recorded on October 20, 1987 in Liber 23476, Page 828 and Assignment of Development Rights dated January 17, 1990, recorded on January 19, 1990 in Liber 24503, Page 912 and further amended by Supplement to Restriction Agreement for North Plymouth Research Park dated March 28, 1990, recorded on April 17, 1990 in Liber 24609, Page 947 and further amended by Second Supplement to Restriction Agreement for North Plymouth Research Park dated November 20, 1990, recorded on May 7, 1992 in Liber 25748, Page 151, Wayne County Records, (as assigned and supplemented, the Third Supplement to Restriction Agreement recorded in Liber 28324, Page 204 and Fourth Supplement to Restriction Agreement recorded in Liber 29113, Page 552, Wayne County Records.

 

A-1


 

EXHIBIT B — SKETCH OF LEASED PREMISES

 

B-1


 

 


 

EXHIBIT C — LEASED EQUIPMENT AND TERMS OF USE

 

Equipment Description

 

Any Equipment which exists within the Leased Premises or in the Building as of the Commencement Date of the Lease, with the exception of the equipment owned by Tenant, listed on Exhibits C-1 and C-2 attached hereto.

 

Terms of Use

 

1.                                      The Equipment shall be used only by Tenant and its employees and contractors and only within the Building.

 

2.                                      Tenant shall be responsible for any damage to the Equipment resulting from the use or misuse of the Equipment by Tenant or its employees, agents, contractors, or others, excepting normal wear and tear, and insured loss by casualty.

 

3.                                      LANDLORD MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER REGARDING THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, LANDLORD AND/OR TENANT’S RIGHT, TITLE AND INTEREST IN THE EQUIPMENT, ITS CONDITION, ITS MERCHANTABILITY, OR ITS FITNESS, ADAPTABILITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE. TENANT ACCEPTS THE EQUIPMENT FROM LANDLORD “AS IS” AND “WHERE IS”, IN ITS CONDITION AS WHEN DELIVERED TO TENANT. THE FOREGOING SHALL NOT LIMIT THE LIABILITY OF THE MANUFACTURER(S) OF THE EQUIPMENT UNDER ANY WARRANTY PROVIDED BY SUCH MANUFACTURER(S) THAT BENEFITS USER BY ITS TERMS.

 

4.                                      IN NO EVENT SHALL LANDLORD BE LIABLE ON ANY TYPE OF CLAIM, INCLUDING NEGLIGENCE, STRICT OR PRODUCT LIABILITY, OR BREACH OF CONTRACT OR WARRANTY, OR FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL, INCLUDING BUT NOT LIMITED TO, BUSINESS INTERRUPTION, LOSS OF PROFITS AND INJURY TO PERSONS OR PROPERTY, ARISING OUT OF OR CONNECTED WITH ANY USE OR MISUSE BY TENANT OF THE EQUIPMENT, OR THE OPERATION OR DEFECTIVE CONDITION, NON-MERCHANTABILITY OR NON-SUITABILITY, OR USE OF THE EQUIPMENT.

 

5.                                      Tenant agrees to defend, indemnify and hold Landlord harmless and trustees, officers, employees, agents affiliates, successors and assigns from and against and all claims, liens, demands, actions, causes of action losses, judgments, obligations, liabilities, damages, costs or expenses of every nature (including reasonable attorneys’ fees), to the extent arising from Tenant’s or Tenant’s directors, officers, employees, contractors, agents, affiliates, successors and assigns (i) negligence or willful misconduct in the use of the Equipment, (ii) misuse of the Equipment, and (iii) failure to maintain the Equipment in good and safe operating condition

 

C-1


 

6.                                      Tenant shall use the Equipment only in the ordinary course of Tenant’s business, within the Equipment’s normal capacity, excepting only normal wear and tear, and insured loss by casualty. Tenant shall be responsible for all maintenance and repairs to the Equipment during the Lease Term and shall maintain the same in good working condition and repair at Tenant’s sole cost and expense. Tenant shall use and maintain the Equipment in a manner consistent with all current, local, state and federal safety codes, laws and regulations. Tenant shall not transfer or relocate or permit or suffer any third party to relocate the Equipment outside of the Building, nor shall Tenant take any action or omit to take any action that would result in any lien, charge or encumbrance on the Equipment.

 

C-2

 

Inventory

 

 

 

 

 

 

 

 

 

Description

 

 

 

 

REQUIRED IF

 

 

 

 

 

 

 

 

 

REQUIRED. Full Descriptions of Items; (no character

 

Category ID

 

 

DoveBid UIDs

 

Make

 

ManufDate

 

Model

 

 

 

limitations.) Leave this row present and untouched Leave this

 

REQUIRED. See

 

Serial

or AssetZone

 

OPTIONAL.

 

OPTIONAL Date

 

OPTIONAL.

 

Title

 

row present and untouched Leave this row present and

 

Categories tab for

 

OPTIONAL

2Ttagnumbers

 

(100 chars)

 

of Manufacture.

 

(200 chars)

 

REQUIRED. Short Descriptions. (50 chars only)

 

untouched Leave this row present and untouched Leave this

 

list.

 

(50 chars)

2138964

 

Flow Sciences

 

 

 

 

 

4’ VBSE Laminar Flow Hood

 

4’ VBSE Laminar Flow Hood

 

290

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2138965

 

Vision Instruments / Leica

 

 

 

CV5000

 

Robotic Coverslipper

 

High-Throughput Robotic Coverslipper. Features: Integral Fume Control, Accepts Leica AutoStainer XL & Sakura Slide Racks, Adjustable Mountant Volume Control & More; Power: 95-250V, 49-61Hz, 300W: Documentation Included

 

290

 

CV076400

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2138966

 

Vision Instruments / Leica

 

 

 

AutoStainer XI

 

Automated Slide Stainer

 

Automated Slide Stainer. Power. 85-250V, 49-61Hz, 650W

 

290

 

XL189900

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2138967

 

DAKO

 

 

 

Autostainer LV

 

Universal Staining System

 

Universal Staining System. Power: 120-230V, 50/60Hz, 4/2A Lot of (3 pcs) Histology Equipment. To include: (1) Bokel 14792 Waterbath, (1) T-Fal Steam Cuisine 600cl Steamer,

 

290

 

DC 3400-6957-03

2138968

 

 

 

 

 

 

 

Lot of (3 pcs) Histology Equipment

 

(1) Biocare Medical DC2002 Decloaking Chamber

 

290

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2138970

 

Olympus

 

 

 

BX41TF

 

Binocular Microscope

 

Binocular Microscope. Objectives: (1) UPlanF1 40x/0.75, (1) UPlanFL N 20x/0.50 FN26.5. (1) UPlanFl 10x/0.30, (1) PlanFl 4x/0.13, (1) Plan N 2x/0.06 FN22, (2) WH10x/22 Eyepieces; Features: 5-Position Nosepiece, Achromat 0.9 Turret, Rotating XY Stage (missing X holder), Z-Axis Control, Built-in 30W Lamp; Power: 100-240V. 50/60Hz, 0.8/0.4A

 

295

 

1F07832

2138971

 

Olympus

 

 

 

BHT-2

 

Binocular Microscope

 

Binocular Microscope. Objectives: (1) DPlan 100 1.25 oil 160/0.17, (1) DPlan 40 0.65 160/0.17, (1) DPlan 10 0.25 160/0.17, (1) SPlan FL 2 0.08 160/-, (2) WH10x/20 L Eyepieces; Features: 5-Position Nosepiece, Achromat 0.9 Turret, XY Stage, Z-Axis Control, Built-in 20W Lamp; Power: 100/115V, 50/60Hz, 0.40/0.35A

 

295

 

213900

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rotary Microtome. Application: Sectioning of Paraffin-Embedded Specimens for Routine and Research Histology, Section Thickness Range: 0.5—60µm, Specimen Retraction: 220µm, Trimming Steps: 10µm or 50µm, Displacement of Blade Holder Base: Vertical & Horizontal Directions; Compatible Blade Types: Disposable High- & Low-Profile Steel Knives and Blades, Reusable Steel Knives;

 

 

 

 

2138972

 

Sakura

 

 

 

Accu-Cut SRM

 

Rotary Microtome

 

Dimensions: 15.8x18.5x11.6”, Weight: 64lb

 

290

 

14290133

2138973

 

Leica

 

 

 

CM3050S-3-1

 

Research & Routine Histology Cryostat

 

Research & Routine Histology Cryostat. Power: 120V, 60Hz, 1800VA

 

290

 

3004/01.2002

2138984

 

The Baker C

 

Oct-00

 

SterilGARD III

 

Class II Biological Safety Cabinet

 

Class II Biological Safety Cabinet, Mobile, Height Adjustable. Power: 115V, 60Hz, 12.4A

 

290

 

69041

2138985

 

Nuaire

 

2006

 

NU-617-400 S

 

Cage Changing Animal Transfer Station

 

Cage Changing Animal Transfer Station. Power: 115V, 60Hz, 12A

 

290

 

110605110806

2138986

 

Nuaire

 

2006

 

NU-607-400 S

 

Bedding Disposal Station

 

Bedding Disposal Station w/ BioBubble HEPA Filtration Unit. Power: 115V, 60Hz, 5A

 

298

 

109142091206

 

C-3

 

2139006

 

Eagle

 

4510

 

45 Gal, Safety Storage Cabinet

 

45 Gal, Safety Storage Cabinet. 3-Shelves, 43x18.5x67.5 Inches

 

 

 

1035

 

 

2139011

 

 

 

 

 

6 by 2.5 Ft. Stainless Steel Workbench

 

6 by 2.5 Ft. Stainless Steel Workbench w/ Backboard Up

 

 

 

1002

 

 

2139012

 

Marvel

 

A570101

 

Under-Counter Laboratory Refrigerator / Freezer

 

Under-Counter Laboratory Refrigerator / Freezer, Reach-in (not for food or drink). Refrigerant: R12, 4.5oz; Design Pressures: High 235psig, Low 140psig; Power: 115V, 60Hz, 1.8A

 

 

 

288

 

P-17257

2139013

 

SurgiVet

 

ISOTEC 4

 

Veterinary Anesthesia Vaporizer

 

Veterinary Anesthesia Vaporizer

 

 

 

298

 

9904674

2139014

 

Cart Zeiss

 

OPMI Pico

 

Operating Stereo Microscope

 

Operating Stereo Microscope (Colposcope) w/ MediLive Video Control Unit & Mobile Stand

 

 

 

295

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139015

 

Beckman Coulter

 

Allegra 6R

 

Benchtop Refrigerated Centrifuge

 

Benchtop Refrigerated Centrifuge w/ GH-3.8 3750RPM 4-Place Swinging Bucket Rotor, Power: 120V, 60Hz, 12A; Includes: (1) Baxter S/P Vortex Mixer (Temp Timer Broken)

 

 

 

285

 

ALR00F02

2139016

 

Danby

 

DMR1706WE’

 

Refrigerator / Freezer

 

Refrigerator / Freezer, Upright, Reach-in (not for food or drink). Refrigerant: R134a, 4.9oz; Design Pressures: High 290psig, Low 140psig; Power: 115V, 60Hz, 1.7A

 

 

 

288

 

05740521CE

2139017

 

Mettler Toledo

 

AG104

 

Digital Analytical Balance

 

Digital Analytical Balance, Max 101g d=0.1mg

 

 

 

290

 

 

2139018

 

Mettler Toledo

 

Wildcat WS60

 

Industrial Scale

 

Industrial Scale. Max 1501b, n max 3000, e min 0.051b; Power: 10.2VDC/0.15A

 

 

 

290

 

00302426DH

2139021

 

Mettler Toledo

 

Wildcat WS60

 

Industrial Scale

 

Industrial Scale. Max 1501b, n max 3000, e min 0.051b; Power: 10.2VDC/0.15A

 

 

 

290

 

00302436DH

2139019

 

Leica

 

EG1140H

 

Paraffin Embedding Station

 

Paraffin Embedding Station, Power: 100-240V, 50/60Hz, 780W

 

 

 

290

 

0394/12.2000

2139020

 

VetEquip

 

IMPAC6

 

Anesthesia System

 

Anesthesia System

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lot of: (1) Ultronics 71013 Ultrasonic Waterbath, (1) Magic

 

 

 

290

 

AC20104

2139022

 

 

 

 

 

Lot of: (1) Sonic Bath, (1) Microwave Oven

 

Chef MCD760W Microwave Oven

 

 

 

290

 

 

2139023

 

Fisher Scientific

 

CentrificTM 225

 

Benchtop Centrifuge

 

Benchtop Centrifuge w/ 24-Place 6500RPM Fixed Angle Rotor, Power: 115V, 60Hz, 5A

 

 

 

285

 

901N0006

2139024

 

Luxo Medical Products

 

Burton AIM-10

 

Medical-Grade Overhead Lamp

 

Wall-Mounted Medical-Grade Overhead Adjustable Lamp

 

 

 

290

 

A10557

2139025

 

Thermo / Precision

 

2841

 

Microprocessor Controlled Water Bath

 

Microprocessor Controlled Water Bath, Power: 115V, 50/60HZ, 5A

 

 

 

290

 

200235

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139026

 

Eppendorf

 

1998 5415C

 

Micro Centrifuge

 

Micro Centrifuge w/ 18-Place Fixed Angle Rotor, Max Density: 1.2kg / dm3, 14000RPM; Power 115V, 60Hz, 250W

 

 

 

285

 

85565

2139027

 

Sterling Scale

 

SC11214-10

 

Scale

 

Scale, Capacity: 5000 x 0.5g

 

 

 

290

 

18455

2139028

 

Eagle

 

2310

 

24 Gal, Safety Storage Cabinet

 

24 Gal, Safety Storage Cabinet. 3-Shelves, 23x18.5x65.5 Inches

 

 

 

1035

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Automated Vacuum Tissue Processor, Features: Large Wide Viewing Angle LCD with Adjustable Contrast, Microprocessor Controlled Operation, Reagent Management System Option, Cassette Dividers and Spring Separators, Reagent Handling System, Paraffin Wax Solvent Removal, Magnetic Stirrer, Programmable Delayed Processing, Modular Design for Freestanding or Benchtop, Three Retort Drain Rates, Rapid Filling, Vacuum or Pressure Cycling, Fume Control System,

 

 

 

 

 

 

2139029

 

Leica

 

TP1050

 

Automated Vacuum Tissue Processor

 

Custom Cleaning Cycle

 

 

 

284

 

TP-088800

 

 

 

 

 

 

 

 

Cooling Plate, Refrigerant: R134a, 80 ± 5g, 18bar SF3:

 

 

 

 

 

 

2139030

 

Leica

 

EG1140C-3

 

Refrigerated Coaling Plate

 

Power: 120V, 60Hz, 300VA

 

 

 

290

 

1614/04.2000

 

C-4

 

2139031

 

RA Lamb / Brandon

 

E22.01 MWC

 

Carousel Cassette MicroWriter

 

Carousel Cassette MicroWriter. Power: 110-120V, 60Hz, 1.25A, 100W

 

290

 

00R036-01

 

 

2139032

 

Rainin

 

Pipetman

 

Lot of (6) Pipettes & Stand

 

Lot of (6) Pipettes & Stand. Sizes: (2) P1000, (3) P200, (1) VWR 2 + 20 pl

 

290

 

 

 

 

2139033

 

 

 

 

 

Lot of: (2) Shakers, (1) Dry Block

 

Lot of: (1) Labline 3506 Reciprocal Shaker, (1) Barnstead Labquake Rocker, (1) Richard-Allan Scientific DBH-4020-1 Dry Block

 

290

 

 

 

 

2139034

 

 

 

 

 

Lot of (2) Stainless Steel Medical Tables

 

Lot of (2) Stainless Steel Medical Tables. To Include: (1) Height Adjustable Surgeons Tray

 

290

 

 

 

 

2139035

 

Leica

 

MZ8

 

Dual-View Stereo Microscope

 

Dual-View Stereo Microscope w/ Fostec Illuminator

 

295

 

5054851

 

 

2139036

 

Omano

 

 

 

Stereo Microscope

 

Stereo Microscope w/ Built-in Illuminator. Power: 110V, 50/60Hz, 25W

 

295

 

 

 

 

2139037

 

Omano

 

 

 

Stereo Microscope

 

Stereo Microscope w/ Built-in Illuminator. Power: 110V, 50/60HZ, 25W

 

295

 

 

 

 

2139038

 

Omano

 

 

 

Stereo Microscope

 

Stereo Microscope w/ Built-in Illuminator. Power: 110V, 50/60HZ, 25W

 

295

 

 

 

 

2139039

 

Olympus

 

SZ2-ILST

 

Stereo Microscope

 

Stereo Microscope. Features: DF PLFL 0.5X PF Lens, WHSZ10X-H/22 Eyepieces, SZX-TBI Head w/ U-TVO.5XC-2 & DP70 Ports, Built-in Illuminator; Power: 100-240V, 50/60Hz, 0.15/0.1A: Includes: (1) Optical Analysis 20520 Illuminator, Misc. Miscroscope Parts

 

295

 

3G07549

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139040

 

Nova

 

 

 

Binocular Microscope

 

Binocular Microscope. Objectives: (1) 100/1.25 N A Oil 160/0.17, (1) 40/0.65 NA 160/0.17, (1) 10/0.25 NA 160/0.17, (1) 4/0.1 NA 160/-, (2) WF 10X DIN/18mm Eyepieces; Features: 4-Position Nosepiece, XY Stage, Z-Axis Control, Built-in Illuminator; Power: 100-120V, 50/60Hz, 20W

 

295

 

 

 

 

2139041

 

Heine

 

HL5000

 

Lot of (3) Universal Positioning Halogen Lamps

 

Lot of (3) Universal Positioning 12V / 50W Halogen Lamps

 

290

 

 

 

 

2139042

 

Thermo Electron

 

Digital One

 

Recirculating Waterbath

 

Recirculating Waterbath. Power: 115V, 60Hz, 16A

 

290

 

104278038

 

 

2139043

 

Thermo Electron

 

Digital One

 

Recirculating Waterbath

 

Recirculating Waterbath. Power: 115V, 60Hz, 16A

 

290

 

104282059

 

 

2139044

 

Thermo Electron

 

Digital One

 

Recirculating Waterbath

 

Recirculating Waterbath. Power: 115V, 60Hz, 16A

 

290

 

104278039

 

 

2139045

 

Thermo / Precision

 

2841

 

Microprocessor Controlled Water Bath

 

Microprocessor Controlled Water Bath. Power: 115V, 50/60HZ, 5A

 

290

 

200235

 

 

2139046

 

Cole-Parmer

 

74900 Series

 

Lot of (2) Syringe Pumps

 

Lot of (2) Syringe Pumps

 

290

 

 

 

 

2139047

 

 

 

 

 

Lot of (3 pcs) Veterinary Equipment

 

Lot of (3 pcs) Veterinary Equipment. To Include: (1) Engler ADS1000 Anesthesia Delivery System, (1) Harvard Apparatus 683 Rodent Ventilator, (1) Astro-Med SD9 Stimulator

 

298

 

 

 

 

2139048

 

Coming

 

PC-320

 

Lot of (3) Hotplate / Stirrers

 

Lot of (3) Hotplate / Magnetic Stirrers. Power: 120V, 60Hz, 575W

 

290

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139049

 

Cole-Parmer

 

MasterFlex 77

 

Peristaltic Pump Drive w/ Cartridge

 

Peristaltic Pump Drive w/ Easy-Load L/S 7518-00 Cartridge. 6-600 RPM, 0.1HP; Power. 115V, 50/60HZ, 2.3A

 

290

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139050

 

Cole-Parmer

 

MasterFlex 77

 

Peristaltic Pump Drive w/ Cartridge

 

Peristaltic Pump Drive w/ Easy-Load L/S 7518-00 Cartridge. 6-600 RPM, 0.1 HP; Power 115V, 50/60HZ, 2.3A

 

290

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139051

 

Cole-Parmer

 

MasterFlex 77

 

Peristaltic Pump Drive w/ Cartridge

 

Peristaltic Pump Drive w/ Easy-Load L/S 7518-00 Cartridge. 6-600 RPM, 0.1HP; Power: 115V, 50/60HZ, 2.3A

 

290

 

 

 

 

2139052

 

 

 

 

 

Lot of (5) Gas Regulators, (3) Boom Stands

 

Lot of (5) Gas Regulators, (3) Modular Boom Stands

 

290

 

 

 

 

 

C-5

 

2139053

 

Lab-Line

 

Multi-Magnest

 

Multipoint Magnetic Stirrer

 

Multipoint Magnetic Stirrer. Power: 120V, 60Hz, 180W

 

290

 

0501-0152

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139054

 

Lab-Line

 

Multi-Magnest

 

Multipoint Magnetic Stirrer

 

Multipoint Magnetic Stirrer. Power: 120V, 60Hz, 180W

 

290

 

0501-0156

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139055

 

Lab-Line

 

Multi-Magnest

 

Multipoint Magnetic Stirrer

 

Multipoint Magnetic Stirrer. Power: 120V, 60Hz, 180W

 

290

 

0501-0153

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139056

 

Lab-Line

 

Multi-Magnest

 

Multipoint Magnetic Stirrer

 

Multipoint Magnetic Stirrer. Power: 120V, 60Hz, 180W

 

290

 

0501-0131

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139057

 

Baxter

 

AS50

 

Lot of (2) Digital Infusion Pumps

 

Lot of (2) Digital Infusion Pumps

 

290

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139058

 

Mettler Toledo

 

PB801

 

Scale

 

Scale. Max 810g, Min 5g, e/d=0.1g

 

290

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139059

 

Heska

 

I-Stat

 

Portable Clinical Analyzer

 

Portable Clinical Analyzer w/ Program Kit. Includes: (1) Martel MCP8850B-130 Portable Printer (appears new)

 

283

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139060

 

Troemner

 

 

 

Lot of (4) Calibration Weight Kits

 

Lot of (4) Calibration Weight Kits. Sizes: 5kg, 2kg, 1kg, 500g, 2x200g, 2x100g, 50g, 2x20g, 10g, 5g, 2x2g, 1g, 500mg, 200mg, 100mg, 50mg, 20mg, 5mg; More

 

290

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139061

 

Mettler Toledo

 

ID7

 

Weighing Terminal/Indicator w/ Scale

 

Weighing Terminal/Indicator w/Scale. N Max = 32000

 

290

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139062

 

BioMedic Data Systems

 

6000 Series

 

Animal Husbandry Station

 

Animal Husbandry Station w/ DAS- 608 Data Acquisition System & IMI Smart Probe. Also Includes: (2 boxes of 100 each) IMI-1000 Implantable Electronic ID Transponders, (1) Ohaus Adventurer Pro AV53 Analytical Balance w/ Draft Wield, (1) Troemner 100g - 10mg Calibration Weight Kit, (1) KdScientific Syringe Pump, (1) VWR Thermo-Hygro Meter, (1) lenovo ThinkVision 17” Flat Panel Monitor, (2) Keyboards, (1) Adjustable Arm Stand (1) Overhead Lamp & More

 

298

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139063

 

BioMedic Data Systems

 

6000 Series

 

Animal Husbandry Station

 

Animal Husbandry Station w/ DAS- 608 Data Acquisition System & IMI Smart Probe. Also Includes: (2 boxes of 100 each) IMI-1000 Implantable Electronic ID Transponders, (1) Ohaus Adventurer Pro AV53 Analytical Balance w/ Draft Wield, (1) Troemner 100g - 10mg Calibration Weight Kit, (1) KdScientific Syringe Pump, (1) VWR Thermo-Hygro Meter, (1) lenovo ThinkVision 17” Flat Panel Monitor, (2) Keyboards, (1) Adjustable Arm Stand (1) Overhead Lamp & More

 

298

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139064

 

BioMedic Data Systems

 

6000 Series

 

Animal Husbandry Station

 

Animal Husbandry Station w/ DAS- 608 Data Acquisition System & IMI Smart Probe. Also Includes: (1 box of 100) IMI-1000 Implantable Electronic ID Transponders, (1) Ohaus Adventurer Pro AV53 Analytical Balance w/ Draft Wield, (1) Troemner 100g - 10mg Calibration Weight Kit, (1) KdScientific Syringe Pump, (1) VWR Thermo-Hygro Meter, (1) lenovo ThinkVision 17” Flat Panel Monitor, (2) Keyboards, (1) Adjustable Arm Stand (1) Overhead Lamp & More

 

298

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139065

 

BioMedic Data Systems

 

6000 Series

 

Lot of (2) Animal Husbandry Stations

 

Lot of (2) Animal Husbandry Stations w/ DAS- 608 Data Acquisition Systems & IMI Smart Probes. Also Includes: (4) Keyboards, (6) Adjustable Arm Stands (1) Overhead Lamp & More (not complete systems)

 

298

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139066

 

Carl Zeiss

 

OPMI Pico

 

Operating Stereo Microscope

 

Operating Stereo Microscope (Colposcope). Power: 100-240V, 50/60HZ, 170VA

 

295

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139067

 

Carl Zeiss

 

OPMI Pico

 

Operating Stereo Microscope

 

Operating Stereo Microscope (Colposcope). Power: 100-240V, 50/60HZ, 170VA

 

295

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139068

 

Coming

 

PC-510

 

Magnetic Stirrer

 

Magnetic Stirrer. Power: 120V, 60Hz, 20W

 

290

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2139069

 

Fisher Scientific

 

 

 

Lot of (4) Mini Mixers

 

Lot of (4) Mini Mixers. To Include: (1) Vortex Genie 2 Vortexer, (2) Auto Mixers, (1) Thermix 120S Stirrer

 

290

 

 

 

 

 

C-6

 

2139070

 

Edstrom

 

 

 

 

 

Lot of (5) Data Loggers, (1) Small Parts Cabinet

 

Lot of (5) Data Loggers, (1) 50-Drawer Small Parts Cabinet w/ Contents

 

290

 

 

 

2139071

 

VWR Scientific

 

 

 

V

 

10.000RPM Micro Centrifuge

 

10.000RPM Micro Centrifuge w/ 6 & 12 Place Fixed Angle Rotors

 

285

 

 

 

2139072

 

BioMedic Data System

 

 

 

DAS-5002

 

Lot of (4) ID Data Acquisition Notebooks

 

Lot of (4) Programmable ID Data Acquisition Notebooks

 

298

 

 

 

2139073

 

 

 

 

 

 

 

Lot of (3 pcs) Misc. Laboratory Equipment

 

Lot of (3 pcs) Misc. Laboratory Equipment. To Include: (1) CellPoint Scientific Germinator 500 Dry Sterilizer, (1) Hallowell EMC Microvent 1 Dual Mode ventilator. (1) SurgiVet Unit

 

290

 

 

 

2139074

 

 

 

 

 

 

 

Lot of (Apprx 600+) Stainless Steel Feeders

 

Lot of (Apprx 600+) V-Side Hanging Feeders, Stainless Steel, Various Sizes with (7) Rubbermaid BRUTE Rolling Waste Containers (all containing feeders)

 

298

 

 

 

2139075

 

 

 

 

 

 

 

Lot of (Apprx 600+) Stainless Steel Card Holders

 

Lot of: (Apprx 600+) Hanging Cage Card Holders, Stainless Steel, (Apprx 200) Large Plastic Animal Toys. (Apprx 100) Pneumatic Air Lines; Contents of (4) Rubbermaid BRUTE Rolling Waste Containers

 

298

 

 

 

2139076

 

 

 

 

 

 

 

Lot of (30+ pcs) Digital Clocks & Office

 

Lot of (30+ pcs) Digital Clocks & Office. Includes; Calculators. Stop-Watches, Meters, Clip-Boards, Pens. Scissors; (15+) Digital Radio Controlled Thermometer Clocks

 

290

 

 

 

2139077

 

Frigidaire

 

 

 

MFC15M4FW: Chest Freezer

 

 

 

Chest Freezer (not for food or drink). Refrigerant R134a, 10oz; Design Pressures: High 320psig, Low 140psig: Power: 115V, 60Hz, 5A

 

288

 

WB03225496

 

2139078

 

Danby

 

 

 

Diplomat

 

Chest Freezer

 

Chest Freezer (not for food or drink). Refrigerant R134a

 

288

 

 

 

2139079

 

Midmark

 

 

 

M11-020 Ultra

 

Automatic Sterilizer

 

Automatic Sterilizer. Power: 115V, 5/60HZ. 12A

 

296

 

V326499

 

2139080

 

Midmark

 

 

 

Soniclean Mm

 

Ultrasonic Cleaner

 

Ultrasonic Cleaner. Power: 117V, 50/60HZ, 4A, 495W

 

290

 

RND060606518

 

2139081

 

GE Medical :

 

 

 

Apr-06 OEC 9800

 

Plu Digital Mobile C-Arm Imaging System

 

Digital Mobile C-Arm Imaging System w/ 1K x 1K Workstation, Rotating Anode X-ray Tube a High Powered 15 kW Generator. Power: 120-240V, 50/60Hz, 20/10A; Includes: (1) Health Tronics MedStone Elite PRO2000TM2 Patients Table. (2) Luxo Medical Products Burton AlM-100 Medical-Grade Overhead Adjustable Lamps, (1) Radiation Shield Wall; Assorted Lead Radiation Protection Wear

 

295

 

8S-3211-CH

 

2139082

 

Boston Scientific

 

 

 

Galaxy 2 15121

 

Intravascular Ultrasound System

 

Mobile Intravascular Ultrasound System w/ MD5 Motordrive. Power: 120V, 50/60Hz, 650VA; Includes: (1) Panasonic MD835 Video Cassette Recorder, (1) Sony UPD895 Digital Graphic Printer, 8x Dual DVD Drive; (3 boxes) Atlantis SR 40MHz Coronary Imaging Catheters

 

295

 

H794151280

 

2139083

 

Hewlett Packard

 

 

 

M242A Sonos Mobile

 

Ultrasound System

 

Mobile Ultrasound System. Power 100-220V. 50/60Hz. 1440VA; Includes: (1) Panasonic MD830 Video Cassette Recorder, IPX1 Footpedal

 

295

 

3728A00043

 

2139084

 

SurgiVet

 

 

 

V9212AR

 

Surgical Monitor w/ Polymount Stand

 

Surgical Monitor w/ Polymount Stand & Tray. Power: 100-240V, 50/60Hz, 0.8A; Includes Misc. Accessories

 

290

 

AW06080007

 

2139085

 

 

 

 

 

 

 

Stainless Steel Washing Station

 

Stainless Steel Washing Station

 

290

 

 

 

2139086

 

SurgiVet /Anesco

 

 

 

ISOTEC 4

 

Lot of (2) Veterinary Anesthetic vaporizers

 

Lot of (2) Veterinary Anesthetic Vaporizers, one with Mount. Includes: (1) Pressure Gas Regulator

 

298

 

 

 

2139087

 

SurgiVet / Anesco

 

 

 

ISOTEC 4

 

Lot of (2) Veterinary Anesthetic Vaporizers

 

Lot of (2) Veterinary Anesthetic Vaporizers, one with Mount. Includes: (1) Pressure Gas Regulator

 

298

 

 

 

2139088

 

Ohio

 

 

 

100F

 

Forana Anesthetic Vaporizer

 

Forane Anesthetic Vaporizer w/ Mount. Includes: (2) Pressure Gas Regulators

 

298

 

 

 

 

C-7

 

2139089

 

Aaron Medical

 

 

 

950

 

Cautery Unit

 

Cautery Unit. Power: 120V, 50/60HZ, 1.5A

 

290

 

AA3706024

2139090

 

Heska

 

 

 

IPX1 Vet/IV 2.

 

Digital Infusion Pump

 

Digital Infusion Pump. Power: 110V, 50/60Hz

 

290

 

70152

2139091

 

Gaymar Industries

 

 

 

TP-500 T/Pum

 

Heat Therapy Pump

 

Heat Therapy Pump. Power: 120V, 60Hz, 1.8A, 200W

 

290

 

B10H32, I60D94

2139092

 

Gaymar Industries

 

 

 

TP-500 T/Pum

 

Heat Therapy Pump

 

Heat Therapy Pump. Power: 120V, 60Hz, 1.8A, 200W

 

290

 

H60B38, A99A95

2139093

 

Gaymar Industries

 

 

 

TP-500 T/Pum

 

Heal Therapy Pump

 

Heat Therapy Pump. Power: 120V, 60Hz, 1.8A, 200W

 

290

 

I60H02, I60D05

2139094

 

 

 

 

 

 

 

Lot of (6 pcs) Misc. Veterinarian

 

Lot of (6 pcs) Misc. Veterinarian. To Include: (1) Graseby 3400 Syringe Pump. (1) Macan MC-4A Electrosurgical Unit, (3) VelEquip Stainless Steel Rodent Heat Pads, (1) Parts Medical 811-BL Ultrasonic Doppler Flow Detector

 

298

 

 

2139095

 

VelEquip

 

 

 

ISOTEC

 

Veterinary Anesthetic Vaporizers w/ Stand

 

Veterinary Anesthetic Vaporizers w/ Stand, Tray & IV Stand

 

298

 

 

2378261

 

Clay Adams

 

 

 

420575 AutoC

 

Centrifuge

 

Centrifuge, AC 120V, 1.8 Amps, 60 Hz

 

298

 

4260002

2378252

 

Shor-Line KCMO

 

 

 

18161

 

Surgery Table, Stainless Steel

 

Surgery Table, Stainless Steel, Dimensions 58”x 19”

 

298

 

 

2378262

 

Sony

 

 

 

UP 960

 

Video Graphic Printer

 

Video Graphic Printer, with Original Packing Box, Manuals, and Power Cords. AC 220-240V, 50/60 Hz, 1.3 Amps

 

298

 

15676

2378263

 

Nobles

 

 

 

2601 Speed S

 

Automatic Floor Scrubber

 

Automatic Floor Scrubber w/ Product Manuals, 24 VDC, 50 Amps, 1200 Watts

 

7518

 

613386-10247068

2378264

 

Dayton

 

 

 

1UG91B

 

Wet/Dry Vacuum

 

Wet/Dry Vacuum, 120V, 60Hz, 12Amps, with Accessory Hoses and Heads, and Mobile Cart

 

7518

 

52728-03

2378265

 

Werner

 

 

 

 

 

Lot of (3) Ladders

 

Lot of (3) Ladders, Aluminum (2) 5’ 6” Tall (1) 6’ 0”

 

7518

 

 

2378253

 

Shor-Line KCMO

 

 

 

18161

 

Surgery Table, Stainless Steel

 

Surgery Table, Stainless Steel, Dimensions 58”x 19”

 

298

 

 

2378254

 

Rubbermaid

 

 

 

 

 

Lot of (2) Mobile Tool Chest Carts, Plastic

 

Lot of (2) Mobile Tool Chest Carts, Plastic, Dimensions 33”x 20”x 33”

 

298

 

 

2378255

 

 

 

 

 

 

 

Lot of (5) Lab Equipment

 

Lot of (5) Lab Equipment to include: (1) Mobile Necropsy Table, Stainless Steel (2) Mobile Mayo Stand, with Tray, Stainless Steel (1) Lakeside, Mobile 3 Rack Cart, Stainless Steel, and (1) Sally Saddle, Mobile Leather Lab Chair

 

298

 

 

2378256

 

 

 

 

 

 

 

Lot of (5) Lab Equipment

 

Lot of (5) Lab Equipment to include: (1) Mobile Necropsy Table, Stainless Steel (2) Mobile Mayo Stand, with Tray, Stainless Steel (1) Lakeside, Mobile 3 Rack Cart, Stainless Steel, and (1) Sally Saddle, Mobile Leather Lab Chair

 

298

 

 

2378257

 

Rubbermaid

 

 

 

Brute

 

Lot of (22) Trash Bins

 

Lot of (22) Trash Bins. 32 Gallon Plastic, with 11 Attachable Wheel Rollers and 23 Lids

 

298

 

 

2378258

 

 

 

 

 

 

 

Lot of (2) Stainless Steel Tables

 

Lot of (2) Stainless Steel Tables, Dimensions: 60”x 30”

 

298

 

 

2378259

 

 

 

 

 

 

 

Lot of (2) Stainless Steel Tables

 

Lot of (2) Stainless Steel Tables, Dimensions: 60”x 30”

 

298

 

 

2378260

 

 

 

 

 

 

 

Stainless Steel Table

 

Stainless Steel Table, with Backsplash, Dimensions 72”x 30”

 

298

 

 

2378238

 

Allentown Caging Equipment

 

 

 

 

 

Lot of (4) Rabbit Housing Racks, Stainless Steel

 

Lot of (4) Rabbit Housing Racks, Stainless Steel with (6) 31”x 31” Plastic Holders in Each Rack; Includes Feeders & Toys. Overall Dimensions: 66”x 31”x69.5” Each Rack is on Wheels.

 

298

 

 

2378239

 

Allentown Caging Equipment

 

 

 

 

 

Lot of (4) Rabbit Housing Racks, Stainless Steel

 

Lot of (4) Rabbit Housing Racks, Stainless Steel with (6) 31”x 31” Plastic Holders In Each Rack; Includes Feeders & Toys. Overall Dimensions: 66”x 31”x69.5” Each Rack is on Wheels.

 

298

 

 

 

C-8

 

2378240

 

Allentown Caging Equipment

 

 

 

 

 

Lot of (4) Rabbit Housing Racks, Stainless Steel

 

Lot of (4) Rabbit Housing Racks, Stainless Steel with (6) 31”x 31” Plastic Holders in Each Rack; Includes Feeders & Toys. Overall Dimensions: 66”x 31”x69.5” Each Rack is on Wheels.

 

298

 

 

2378241

 

Allentown Caging Equipment

 

 

 

 

 

Lot of (4) Rabbit Housing Racks, Stainless Steel

 

Lot of (4) Rabbit Housing Racks, Stainless Steel with (6) 31”x 31” Plastic Holders in Each Rack; Includes Feeders & Toys. Overall Dimensions: 66”x 31”x69.5” Each Rack is on Wheels.

 

298

 

 

2378242

 

Allentown Caging Equipment

 

 

 

 

 

Lot of (4) Rabbit Housing Racks, Stainless Steel

 

Lot of (4) Rabbit Housing Racks, Stainless Steel with (6) 31”x 31” Plastic Holders in Each Rack; Includes Feeders & Toys. Overall Dimensions: 66”x 31”x69.5” Each Rack is on Wheels.

 

298

 

 

2378243

 

Allentown Caging Equipment

 

 

 

 

 

Lot of (4) Rabbit Housing Racks, Stainless Steel

 

Lot of (4) Rabbit Housing Racks, Stainless Steel with (6) 31”x 31” Plastic Holders in Each Rack; Includes Feeders & Toys. Overall Dimensions: 66”x 31”x69.5” Each Rack is on Wheels.

 

298

 

 

2378244

 

Allentown Caging Equipment

 

 

 

 

 

Lot of (4) Rabbit Housing Racks, Stainless Steel

 

Lot of (4) Rabbit Housing Racks, Stainless Steel with (6) 31”x 31” Plastic Holders in Each Rack; Includes Feeders & Toys. Overall Dimensions: 66”x 31”x69.5” Each Rack is on Wheels.

 

298

 

 

2378245

 

Allentown Caging Equipment

 

 

 

 

 

Lot of (4) Mouse Housing Racks, Stainless Steel

 

Lot of: (4) Mobile Mice Housing Racks, Stainless Steel with Water Systems, Houses up to 98 Holders per Rack. Holder Dimensions are: 11.5”x 7.5”x 4.5” Overall Dimensions: 52”x 26.5”x64” Includes (2) Cart Containers, which Each carry Apprx 200 Mouse Holders. Overall Cart Dimensions: 60”x 24”x 70”

 

298

 

 

2378246

 

Allentown Caging Equipment

 

 

 

 

 

Lot of (5) Rat Housing Racks, Stainless Steel

 

Lot of (5) Mobile Rat Housing Racks, Stainless Steel w/ Water Systems. Houses up to 30 Holders per Rack, Overall Dimensions: 69.5”x 22”x 72”; Includes (3) Cart Containers which each carry Apprx 100 Plastic Rat Holders. Overall Dimensions: 66”x 31”x69.5”

 

296

 

 

2378247

 

Allentown Caging Equipment

 

 

 

 

 

Lot of (6) Rat Housing Racks, Stainless Steel

 

Lot of (6) Mobile Rat Housing Racks, Stainless Steel w/ Water Systems. Houses up to 30 Holders par Rack, Overall Dimensions: 69”x 24”x 75”; Includes (1) Cart Containers which carries Apprx 100 Plastic Rat Holders. Overall Dimensions: 66”x 31”x69.5”

 

298

 

 

2378248

 

Tecniplast

 

 

 

3700M011

 

Lot of (5) Rodent Metabolism Cage Racks

 

Lot of (5) Mobile Rodent Metabolism Cage Racks, Stainless Steel. Each Holding 8 Tecniplast 3700M011 Metabolism Cages per Rack, Overall Dimensions: 48”x 15”x 74” Includes Large Blue Bio-Covers.

 

298

 

 

2378249

 

Allentown Caging Equipment

 

 

 

 

 

Lot of (2) Mouse Housing Racks, Stainless Steel

 

Lot of: (2) Mobile Mouse Housing Racks, Stainless Steel with Water Systems. Houses up to 70 Holders per Rack. Holder Dimensions are: 11.5”x 7.5”x4.5” Overall Dimensions: 62”x 26.5”x67” Includes (1) Cart Container which carries Apprx 200 Mouse Holders. Overall Cart Dimensions: 60”x 24”x 70” Cart Container Includes Blue Bio-Cover

 

298

 

 

 

C-9

 

2378250

 

Allentown Caging Equipment

 

 

 

 

 

Lot of (2) Rat Housing Racks, Stainless Steel

 

Lot of (2) Mobile Rat Housing Racks, Stainless Steel w/ Water Systems. Houses up to 60 Holders per Rack, Overall Dimensions: 69”x 24.5”x 75”; Includes (1) Cart Containers which each carry Apprx 100 Plastic Rat Holders. Overall Dimensions: 66”x 31”x69.5” Cart Includes Blue Bio-Cover

 

298

 

 

2378251

 

 

 

 

 

 

 

Lot of (3) Stainless Steel Tables

 

Lot of (3) Stainless Steel Tables, (1) Dimensions 72”x 24” (1) Dimensions 72”x 30.5” (1) Dimensions 48”x 24”

 

298

 

 

2378266

 

 

 

 

 

 

 

Lot of (50+) Janitorial Products

 

Lot of (50+) Janitorial Products. Consisting of: (3) 32 Gallon Plastic Trash Bins, Brooms, Floor Squeegees, (5) Werner 3’ 5” Stepping Stools, (3) Mop Buckets, Spray Bottles, Various Pumps, Hose End Sanitizers, Various Brushes and Disposable Paper Towels, Racks (Carts Not Included)

 

7518

 

 

2378272

 

 

 

 

 

 

 

Lot of (20+) Workout Products

 

Lot of (20+) Workout Products Consisting of: (1) Cybex Adjustable Bench, (2) Workout Mats, (4) Blow-up Workout Balls with Pump, (8) Purple Height Step Ups, and Assorted Workout Bands

 

7518

 

 

2378273

 

Allentown Caging Equipment

 

 

 

 

 

Lot of (2) Mobile Shelf Racks, Stainless Steel

 

Lot of (2) Mobile Shelf Racks, Stainless Steel, 5 Shelf, Open Grate, Overall Dimensions: 70”x 24”x 66”

 

298

 

 

2378274

 

Allentown Caging Equipment

 

 

 

 

 

Lot of (2) Mobile Shelf Racks, Stainless Steel

 

Lot of (2) Mobile Shelf Racks, Stainless Steel, 5 Shelf, Open Grate, Overall Dimensions: 70”x 24”x 66”

 

298

 

 

2378275

 

Allentown Caging Equipment

 

 

 

 

 

Lot of (2) Mobile Shelf Racks, Stainless Steel

 

Lot of (2) Mobile Shelf Racks, Stainless Steel, 5 Shelf, Open Grate, Overall Dimensions: 60”x 24”x 71” with Plastic Bin Accessories

 

298

 

 

2378276

 

Ancare

 

 

 

 

 

Lot of (2) Mobile 3-Sided Racks, Stainless Steel

 

Lot of (2) Mobile 3-Sided Racks, Stainless Steel, Dimensions: 60”x 24”x 62” with (3) Red Bio-Covers

 

298

 

 

2378277

 

 

 

 

 

 

 

Lot of (3) Mobile Cage Washing Racks, SS

 

Lot of (3) Mobile Cage Washing Racks, Stainless Steel, (1) Rodent Cage Washer, 3 Level, Dimensions: 60”x 28.5”x 68.5” (1) Rat Cage Washer, 3 Level, Dimensions: 73”x32”x 71” (1) Mouse Cage Washer, 5 Level Dimensions: 75”x 18”x 80”

 

298

 

 

2378278

 

 

 

 

 

 

 

Lot of (3) Mobile Shelf Racks, Stainless Steel

 

Lot of (3) Mobile Shelf Racks, Stainless Steel, (2) Dimensions: 60”x 24”x 72” (1) Dimensions: 48”x 24”x 72”

 

298

 

 

2378279

 

Ancare

 

 

 

 

 

Lot of (2) Mobile Basket Racks for Cage Washing

 

Lot of (2) Mobile Basket Racks for Cage Washing, Stainless Steel, with Plastic Bins, Dimensions:63”x 31”x 70”

 

298

 

 

2378280

 

PlasLabs

 

 

 

 

 

Lot of (8) Rabbit Restrainers

 

Lot of (8) Rabbit Restrainers, with (1) Stainless Steel Cart and (1) Soft Cloth Rabbit Restrainer

 

298

 

 

2378281

 

 

 

 

 

 

 

Lot of (3) Metro Carts w/ SS Contents

 

Lot of (3) Metro Carts w/ Contents Consisting of: Stainless Steel Rat/Mouse Wire Bar Lids, Misc. Ancare Corp. Lids and Housings: More

 

298

 

 

2378282

 

 

 

 

 

 

 

Mobile Shelf Rack, Stainless Steel w/ Plastic Bins

 

Mobile Shelf Rack, Stainless Steel, w/ Plastic Bins, Dimensions: 60”x 24”x 72”

 

298

 

 

2378283

 

Rubbermaid

 

 

 

 

 

Lot of (2) Mobile Carts

 

Lot of (2) Mobile Carts, plastic, Dimensions:33”x 18.5”x 37”

 

298

 

 

2378284

 

Justrite

 

 

 

25602

 

60-Gal Flammable Liquid Storage Cabinet

 

60-Gal Flammable Liquid Storage Cabinet. 3 Shelves, 34x34x66 Inches

 

1035

 

 

2378285

 

Eagle

 

 

 

1947

 

45-Gal. Safety Storage Cabinet

 

45-Gal. Safety Storage Cabinet. 3-Shelves, 43x18x67 Inches

 

1035

 

 

 

C-10

 

2378286

 

Eagle

 

 

 

1932

 

30-Gal. Safety Storage Cabinet

 

30-Gal. Safety Storage Cabinet. 2-Shelves, 43x18x45 Inches

 

1035

 

 

2378287

 

Eagle

 

 

 

1947

 

45-Gal. Safety Storage Cabinet

 

45-Gal. Safety Storage Cabinet. 3-Shelves, 43x18x67 Inches

 

1035

 

 

2378288

 

Eagle

 

 

 

1947

 

45-Gal. Safety Storage Cabinet

 

45-Gal. Safety Storage Cabinet. 3-Shelves, 43x18x67 Inches

 

1035

 

 

2378289

 

Eagle

 

 

 

1947

 

45-Gal. Safety Storage Cabinet

 

45-Gal. Safety Storage Cabinet. 3-Shelves, 43x18x67 Inches

 

1035

 

 

2378267

 

Precor

 

 

 

S3.45

 

Workout Equipment Strength Multi-Station

 

Workout Equipment Strength Multi-Station, Included Workout Capabilities Consisting of: Leg Extension, Leg Curl, Arm Curls. Upright Row, Bench Regular/Incline/Decline, Lat Pull, Seated Row, and Back Extensions

 

7518

 

 

2378268

 

Precor

 

 

 

EFX 546

 

Elliptical Workout Machine

 

Elliptical Workout Machine, with Heart Monitor and 8 Programmed Setting Courses

 

7518

 

 

2378269

 

Precor

 

 

 

C846

 

Cycle Workout Machine

 

Cycle Workout Machine, with Heart Monitor and 5 Programmed Setting Courses

 

7518

 

 

2378270

 

Precor

 

 

 

C956

 

Low Impact Treadmill

 

Low Impact Treadmill, with Heart Monitor, 21 Programmed Setting Courses, 120V, 50/60 Hz, 14 Amps, 130 Watts

 

7518

 

KE20Q0015

2378271

 

Hampton

 

 

 

 

 

Freeweight Dumbells

 

Freeweight Dumbells, with Stand, Weights Ranging from 5lb-20lb

 

7518

 

 

2138910

 

 

 

 

 

 

 

Lot of (6 pcs) Misc. Laboratory Equipment

 

Lot of (6 pcs) Misc. Laboratory Equipment. To Include: (1) Electrothermal EMX1000 Electromantle MX Spillprcof Mantle, (3) Assorted Mantles, (1) Mettler Toledo Pumping Device, (1) RA LAMB E22.01MWSDE Apparatus

 

290

 

 

 

C-11

 

EQUIPMENT INVENTORY LIST

 

Line
Number

 

Asset Number

 

Category

 

Equipment Type

 

Description

 

Manufacturer

 

Model Number

860

 

ETI-000007

 

Laboratory

 

Vortex

 

Mini Vortex Genie

 

Scientific Industries

 

SI-0136

849

 

ETI-000008

 

Laboratory

 

Vortex

 

Digital Vortex Mixer

 

VWR Scientific

 

14005-824

715

 

ETI-000009

 

Laboratory

 

Shaker

 

Orbital Shaker

 

VWR Scientific DS-500 Orbital Shaker

 

57018-754

721

 

ETI-000010

 

Laboratory

 

Shaker

 

Plate Shaker

 

Jencons

 

2014

774

 

ETI-000011

 

Laboratory

 

Stir/hot plate

 

Stir/hot plate

 

Corning

 

PC-220

775

 

ETI-000012

 

Laboratory

 

Stir/hot plate

 

Stir/hot plate

 

Corning

 

PC-220

776

 

ETI-000013

 

Laboratory

 

Stir/hot plate

 

Stir/hot plate

 

Corning

 

PC-420

766

 

ETI-000014

 

Laboratory

 

Stir plate

 

Stir plate

 

Cimarec-2

 

S46725

767

 

ETI-000015

 

Laboratory

 

Stir plate

 

Stir plate

 

Cimarec-2

 

S46725

55

 

ETI-000018

 

Laboratory

 

Centrifuge

 

MicroCentrifuge

 

Eppendorf

 

5415C

716

 

ETI-000021

 

Laboratory

 

Shaker

 

Orbital Shaker

 

Lab Line

 

3508

862

 

ETI-000046

 

Laboratory

 

Vortex

 

Mini Vortex Genie

 

VWR Scientific

 

58816-121

863

 

ETI-000049

 

Laboratory

 

Vortex

 

Mini Vortex Genie

 

Scientific Industries

 

SI-T236

867

 

ETI-000053

 

Laboratory

 

Vortex

 

Mini Vortex Genie

 

VWR Scientific

 

58816-121

5

 

ETI-000056

 

Laboratory

 

Balance

 

Micro Balance

 

Mettler Toledo

 

AG285

769

 

ETI-000059

 

Laboratory

 

Stir plate

 

Stir plate

 

Lab Line

 

1278

770

 

ETI-000060

 

Laboratory

 

Stir plate

 

Stir plate

 

Lab Line

 

1278

891

 

ETI-000067

 

Laboratory

 

Water Bath

 

Water Bath

 

Thermo Electron Corp

 

2837

419

 

ETI-000070

 

Laboratory

 

PH Meter

 

PH Meter

 

Fischer Scientific - Accumet

 

AR15

678

 

ETI-000073

 

Laboratory

 

Power Supply

 

Power Supply

 

E-C Apparatus Corp

 

EC600

722

 

ETI-000074

 

Laboratory

 

Shaker

 

Plate Shaker

 

Heidolph

 

titramax 1000

23

 

ETI-000075

 

Laboratory

 

Blender

 

Waring Blender

 

Waring

 

51BL30

812

 

ETI-000076

 

Laboratory

 

TuboVap

 

TuboVap-LV

 

Caliper Life Sciences

 

103198

755

 

ETI-000077

 

Laboratory

 

Sonicator

 

Ultrasonic bath

 

Branson

 

1510

 

C-12


 

756

 

ETI-000078

 

Laboratory

 

Sonicator

 

Ultrasonic bath

 

Branson

 

5510

828

 

ETI-000079

 

Laboratory

 

Vacuum

 

Dry Vacuum

 

Welch

 

2027

829

 

ETI-000080

 

Laboratory

 

Vacuum

 

Dry Vacuum

 

Welch

 

2027

811

 

ETI-000081

 

Laboratory

 

TuboVap

 

TuboVap-96

 

Caliper Life Sciences

 

103363

902

 

ETI-000082

 

Laboratory

 

Water Recirculator

 

Water Recirculator

 

VWR Scientific

 

1160S

904

 

ETI-000084

 

Laboratory

 

Water Recirculator

 

Water Recirculator

 

VWR Scientific

 

1160S

11

 

ETI-000085

 

Laboratory

 

Balance

 

Pan Balance

 

Mettler Toledo

 

AG285

56

 

ETI-000086

 

Laboratory

 

Centrifuge

 

MicroCentrifuge

 

Eppendorf

 

5415D

676

 

ETI-000087

 

Laboratory

 

PolyTron

 

PolyTron

 

Polytron

 

PT3100

125

 

ETI-000088

 

Laboratory

 

Heat Block

 

Heat Block

 

VWR Scientific

 

13259-050

82

 

ETI-000089

 

Laboratory

 

Crimper

 

Crimper

 

Chromes

 

300900

894

 

ETI-000090

 

Laboratory

 

Water Bath

 

Precision 280

 

Thermo Electron Corp

 

51221050

61

 

ETI-000091

 

Laboratory

 

Centrifuge

 

MicroCentrifuge

 

Beckman Coulter 22R

 

368826

12

 

ETI-000094

 

Laboratory

 

Balance

 

Pan Balance

 

Mettler Toledo

 

PG2002-S

360

 

ETI-000095

 

Laboratory

 

Labscale TFF System

 

Labscale TFF System

 

Millipore

 

29751

718

 

ETI-000097

 

Laboratory

 

Shaker

 

Orbital Shaker Platform

 

Scienceware

 

F37041-0000

719

 

ETI-000098

 

Laboratory

 

Shaker

 

Orbital Shaker Platform

 

Scienceware

 

F37041-0000

720

 

ETI-000099

 

Laboratory

 

Shaker

 

Orbital Shaker Platform

 

Scienceware

 

F37041-0000

787

 

ETI-000100

 

Laboratory

 

Stir/hot plate

 

Stir/hot plate

 

Corning

 

PC-610

788

 

ETI-000101

 

Laboratory

 

Stir/hot plate

 

Stir/hot plate

 

Corning

 

PC-520

791

 

ETI-000106

 

Laboratory

 

Stir/hot plate

 

Stir/hot plate

 

Corning

 

PC-220

792

 

ETI-000107

 

Laboratory

 

Stir/hot plate

 

Stir/hot plate

 

Corning

 

PC-220

679

 

ETI-000108

 

Laboratory

 

Power Supply

 

Power Supply

 

VWR Scientific

 

VWR135

753

 

ETI-000109

 

Laboratory

 

Sonicator

 

Ultrasonic homogenizer

 

Branson

 

150D

869

 

ETI-000110

 

Laboratory

 

Vortex

 

Mini Vortex Genie

 

VWR Scientific

 

58816-121

872

 

ETI-000113

 

Laboratory

 

Vortex

 

Mini Vortex Genie

 

VWR Scientific

 

58816-121

873

 

ETI-000114

 

Laboratory

 

Vortex

 

Mini Vortex Genie

 

VWR Scientific

 

58816-121

876

 

ETI-000121

 

Laboratory

 

Vortex

 

Mini Vortex Genie

 

VWR Scientific

 

58816-121

877

 

ETI-000122

 

Laboratory

 

Vortex

 

Mini Vortex Genie

 

VWR Scientific

 

58816-121

752

 

ETI-000124

 

Laboratory

 

Sonicator

 

Ultrasonic bath

 

Branson

 

1510

905

 

ETI-000125

 

Laboratory

 

Water Recirculator

 

Water Recirculator

 

Lauda

 

103E

714

 

ETI-000126

 

Laboratory

 

Shaker

 

Belly Dancer

 

Stovall

 

BBUAAUV1S

688

 

ETI-000130

 

Laboratory

 

Pump

 

Pump

 

Masterflex LS

 

7520-00

 

C-13


 

393

 

ETI-000131

 

Laboratory

 

MicroMix5

 

MicroMix5

 

DPC

 

MicroMix5

803

 

ETI-000132

 

Laboratory

 

ThermoMixer

 

ThermoMixer

 

Eppendorf

 

535522340

704

 

ETI-000133

 

Laboratory

 

Rocker Plate

 

Rocker Plate

 

Boekel

 

260350

93

 

ETI-000134

 

Laboratory

 

FilterMate Harvester

 

FilterMate Harvester

 

PerkinElmer

 

C961961

805

 

ETI-000135

 

Laboratory

 

TiterMix 100

 

TiterMix 100

 

Brinkmann

 

Titermix 100T

57

 

ETI-000140

 

Laboratory

 

Centrifuge

 

MicroCentrifuge

 

Eppendorf

 

5415D

772

 

ETI-000142

 

Laboratory

 

Stir plate

 

Stir plate

 

Corning

 

PC-510

680

 

ETI-000144

 

Laboratory

 

Power Supply

 

Power Supply

 

EC Apparatus

 

EC105

7

 

ETI-000147

 

Laboratory

 

Balance

 

Microbalance

 

Mettler Toledo

 

AG204

906

 

ETI-000148

 

Laboratory

 

Water Recirculator

 

Water Recirculator

 

Haake B3

 

003-5007

13

 

ETI-000150

 

Laboratory

 

Balance

 

Pan Balance

 

Mettler Toledo

 

PG2002-S

683

 

ETI-000151

 

Laboratory

 

Power Supply

 

Power Supply

 

VWR Scientific

 

135

53

 

ETI-000154

 

Laboratory

 

Centrifuge

 

MicroCentrifuge

 

Eppendorf

 

5415R

394

 

ETI-000155

 

Laboratory

 

Microscope

 

Eclipse TS-100 Microscope

 

Nikon

 

TS-100

670

 

ETI-000159

 

Laboratory

 

Plasma Electrophoresis

 

Plasma Electrophoresis

 

 

 

 

671

 

ETI-000160

 

Laboratory

 

Plasma Electrophoresis

 

Plasma Electrophoresis

 

 

 

 

675

 

ETI-000161

 

Laboratory

 

Plate Sealer

 

Plate Sealer

 

Packard

 

A946-0

908

 

ETI-000168

 

Laboratory

 

Water Recirculator

 

Water Recirculator

 

Lauda

 

RE106

757

 

ETI-000169

 

Laboratory

 

Sonicator

 

Ultrasonic homogenizer

 

Branson

 

250D

439

 

ETI-000219-294

 

Laboratory

 

Pipette

 

P10 Pipette

 

Gilson

 

 

516

 

ETI-000295-360

 

Laboratory

 

Pipette

 

P2.5 Reference

 

Eppendorf

 

 

795

 

ETI-000366

 

Laboratory

 

Stir/hot plate

 

Stir/hot plate

 

Corning

 

PC-320

632

 

ETI-000367-427

 

Laboratory

 

Pipette

 

12-channel 5-50uL

 

FinnEppen

 

4510

403

 

ETI-000432

 

Laboratory

 

Nitrogen generator

 

Nitrogen generator (Nitrovap)

 

Parker Balston

 

 

332

 

ETI-000437

 

Laboratory

 

hybridization Oven

 

hybridization Oven

 

Robbins Scientific

 

400

79

 

ETI-000438

 

Laboratory

 

Con Torque power unit

 

Con Torque power unit

 

Eberbach

 

7265

28

 

ETI-000439

 

Laboratory

 

Cell Freezer

 

CryoMed

 

Forma Scientific

 

1010

29

 

ETI-000440

 

Laboratory

 

Cell Freezer

 

CryoMed

 

Forma Scientific

 

1010

385

 

ETI-000443

 

Laboratory

 

Spectrophotometer

 

Luminescence Spectrophotometer

 

ThermoSpectronic

 

FA-357

95

 

ETI-000446

 

Laboratory

 

Spectrophotometer

 

SpectraMax M5 Fluorometer

 

Molecular Devices

 

M5

713

 

ETI-000447

 

Laboratory

 

Sequence Detection System

 

ABI Prism 7900HT Sequence Detection System

 

Applied Biosystems

 

7900HT

806

 

ETI-000453

 

Laboratory

 

TopCount

 

TopCount NXT HTS Beta Liquid Scintillation Counter

 

PerkinElmer

 

 

383

 

ETI-000454

 

Laboratory

 

LSC

 

LS6500

 

Beckman

 

LS6500

 

C-14


 

110

 

ETI-000459

 

Laboratory

 

Freezer

 

-20C

 

Frigidaire

 

 

112

 

ETI-000461

 

Laboratory

 

Freezer

 

-20C

 

Frigidaire

 

 

699

 

ETI-000462

 

Laboratory

 

Refrigerator

 

4C Refrigerator

 

Danby

 

 

335

 

ETI-000469

 

Laboratory

 

Incubator

 

Cell Incubators (Forma)

 

Forma Scientific

 

 

336

 

ETI-000470

 

Laboratory

 

Incubator

 

Cell Incubators (Forma)

 

Forma Scientific

 

 

337

 

ETI-000471

 

Laboratory

 

Incubator

 

Cell Incubators (Forma)

 

Forma Scientific

 

 

338

 

ETI-000472

 

Laboratory

 

Incubator

 

Cell Incubators (Forma)

 

Forma Scientific

 

 

4

 

ETI-000474

 

Laboratory

 

Bacharach Kit

 

Bacharach Kit

 

 

 

 

17

 

ETI-000476

 

Laboratory

 

Biological Safety Cabinet

 

Class II Type A/B

 

Forma Scientific

 

214 Type A

18

 

ETI-000477

 

Laboratory

 

Biological Safety Cabinet

 

Class II Type A/B

 

Forma Scientific

 

1286

414

 

ETI-000480

 

Laboratory

 

Oven

 

Oven with rotator

 

VWR Scientific

 

5420

400

 

ETI-000482

 

Laboratory

 

Narcotic Cabinet

 

Narcotic Cabinet

 

 

 

 

334

 

ETI-000484

 

Laboratory

 

Image Station

 

Kodak Image Station

 

Kodak

 

4000MM

420

 

ETI-000485

 

Laboratory

 

PH Meter

 

PH Mater

 

Thermo

 

 

111

 

ETI-000486

 

Laboratory

 

Freezer

 

-20C

 

Frigidaire

 

 

294

 

ETI-000488-98

 

Laboratory

 

HPLC

 

HPLC #13

 

Agilent

 

 

98

 

ETI-000519-23

 

Laboratory

 

FPLC

 

FPLC #1

 

Amersham Pharmacia Biotech

 

UPC-900

758

 

ETI-000556

 

Laboratory

 

Spectrophotometer

 

SpectraMax Gemini

 

Molecular Devices

 

Gemini

301

 

ETI-000576-85

 

Laboratory

 

HPLC

 

HPLC South #4

 

Agilent

 

 

819

 

ETI-000587-92

 

Laboratory

 

UPLC

 

UPLC South #5

 

Waters

 

UPD

377

 

ETI-000593-96

 

Laboratory

 

LCMS

 

Spectrometer API4000

 

Applied Biosystem

 

API4000

42

 

ETI-000605

 

Laboratory

 

Centrifuge

 

GeneVac EZ-2 Plus

 

Barnstead

 

EZ2

404

 

ETI-000606

 

Laboratory

 

Nitrogen generator

 

Nitrogen generator (Nltrovap)

 

Parker Balston

 

 

302

 

ETI-000607-15

 

Laboratory

 

HPLC

 

HPLC South #6

 

Agilent

 

 

313

 

ETI-000641-47

 

Laboratory

 

HPLC

 

HPLC Prep #5

 

Phenomenex

 

TS-430

917

 

ETI-000661-63

 

Laboratory

 

LCMS

 

Spectrometer ZQ2 (ZQ2000)

 

Waters

 

186002000

15

 

ETI-000667

 

Laboratory

 

Balance

 

Pan Balance Delta range

 

Mettler Toledo

 

PB3002-SDR

827

 

ETI-000675

 

Laboratory

 

UV-Vis Spectrophotometer

 

UV-Vis spectrophotometer (Cary 50 Conc)

 

Varian

 

Cary50

695

 

ETI-000688

 

Laboratory

 

Refrigerator

 

4C Double door refrigerator

 

VWR Scientific

 

 

292

 

ETI-000702-09

 

Laboratory

 

HPLC

 

HPLC #2

 

Waters

 

71P

288

 

ETI-000717-22

 

Laboratory

 

HPLC

 

HPLC #8

 

Waters

 

WAT270008

286

 

ETI-000726

 

Laboratory

 

HPLC

 

LS-ELSD

 

Sedex

 

Sedex 75

197

 

ETI-000727

 

Computer

 

Comp/Mon/KB + APC

 

IBM

 

IBM/APC

 

 

 

C-15


 

751

 

ETI-000728

 

Laboratory

 

Sonicator

 

Sonication Cabinet

 

Branson

 

 

697

 

ETI-000736

 

Laboratory

 

Refrigerator

 

4C refrigerator

 

Danby

 

 

333

 

ETI-000739

 

Laboratory

 

Ice maker

 

Ice maker

 

Scotsman

 

 

86

 

ETI-000740

 

Laboratory

 

Dishwasher

 

Dishwasher

 

Labconco

 

 

3

 

ETI-000741

 

Laboratory

 

Autoclave

 

Autoclave Tuttnauer

 

Tuttnauer/Brinkman

 

3870E

45

 

ETI-000743

 

Laboratory

 

Centrifuge

 

Optima LE-80K

 

Beckman

 

LE80K

46

 

ETI-000744

 

Laboratory

 

Centrifuge

 

Rotor 50.2 Ti

 

Beckman

 

 

47

 

ETI-000745

 

Laboratory

 

Centrifuge

 

Rotor 50.4 TI

 

Beckman

 

 

48

 

ETI-000746

 

Laboratory

 

Centrifuge

 

Rotor 70 Ti

 

Beckman

 

 

51

 

ETI-000747

 

Laboratory

 

Centrifuge

 

Rotor SW55 Ti w/ 6 buckets

 

Beckman

 

 

50

 

ETI-000748

 

Laboratory

 

Centrifuge

 

Rotor SW40 Ti w/ 6 buckets

 

Beckman

 

 

49

 

ETI-000749

 

Laboratory

 

Centrifuge

 

Rotor SW28 w/ 6 buckets

 

Beckman

 

 

38

 

ETI-000750

 

Laboratory

 

Centrifuge

 

Avanti J-25i

 

Beckman

 

Avanti J-25I

39

 

ETI-000751

 

Laboratory

 

Centrifuge

 

Rotor JA20.1

 

Beckman

 

 

41

 

ETI-000752

 

Laboratory

 

Centrifuge

 

Rotor JS13.1

 

Beckman

 

 

40

 

ETI-000753

 

Laboratory

 

Centrifuge

 

Rotor JLA10.5

 

Beckman

 

 

417

 

ETI-000756

 

Laboratory

 

Peptide Synthesizer

 

Peptide Synthesizer Symphony Multiplex

 

Protein Technologies

 

Symphony - R

825

 

ETI-000762

 

Laboratory

 

UV Lamp

 

UV Lamp Hand held

 

UVP

 

UVL-28

 

 

ETI-000770

 

Laboratory

 

LCMS

 

Spectophotometer

 

PE Sciex

 

Qstar

375

 

ETI-000784-88

 

Laboratory

 

LCMS

 

Spectrometer API4000

 

Applied Biosystem

 

API4000

840

 

ETI-000789

 

Laboratory

 

Vacuum Pump

 

Vacuum Pump

 

Vacuubrand

 

ME8SI

87

 

ETI-000794

 

Laboratory

 

Embla

 

Embla

 

Molecular Devices

 

Embla

306

 

ETI-000797-804

 

Laboratory

 

HPLC

 

HPLC South #8

 

Agilent

 

 

 

 

ETI-000807

 

Laboratory

 

LCMS

 

Spectrometer API 3000

 

PE Sciex

 

API 3000

 

 

ETI-000822

 

Laboratory

 

LCMS

 

Spectrometer LCQ

 

Finnigan MAT

 

LCQ

52

 

ETI-000833

 

Laboratory

 

Centrifuge

 

IEC Multi RF

 

Thermo Electron Corporation

 

IEC-Multi RF

92

 

ETI-000837

 

Laboratory

 

FACSCalibur

 

BD FACSCalibur

 

Becton Dicksen

 

FACSCalibur

43

 

ETI-000839

 

Laboratory

 

Centrifuge

 

GeneVac EZ-2 Plus

 

Barnstead

 

EZ2

44

 

ETI-000842

 

Laboratory

 

Centrifuge

 

IEC Multi RF

 

Thermo Electron Corporation

 

IEC-Multi RF

888

 

ETI-000845

 

Laboratory

 

Water Bath

 

Precision 280

 

Thermo Electron Corp

 

280

359

 

ETI-000863

 

Laboratory

 

Lab Table

 

Lab Table on wheels

 

 

 

 

330

 

ETI-000865

 

Laboratory

 

Humidity Cabinet

 

Humidity Cabinet

 

Espec

 

LHL-112

331

 

ETI-000866

 

Laboratory

 

Humidity Cabinet

 

Humidity Cabinet

 

Espec

 

LHL-112

 

C-16


 

401

 

ETI-000867

 

Laboratory

 

Nicomp Particle sizer

 

Zeta Potential/Particle Sizer Nicomp 380 ZLS

 

Nicomp

 

380 ZLS

388

 

ETI-000872

 

Laboratory

 

Lyophilizer

 

Lyophilizer - Genesis 25EL System

 

Virtis

 

Genesis 25EL

402

 

ETI-000874

 

Laboratory

 

Nitrogen generator

 

Nitrogen generator (Very Large)

 

Parker Balston

 

N2-80

741

 

ETI-00901-06

 

Laboratory

 

Solvent Cabinet

 

Solvent Safety Storage Cabinet

 

Eagle

 

1947

731

 

ETI-000907-13

 

Laboratory

 

Shelf Wire

 

Large wire 4 shelf unit

 

Metro

 

 

409

 

ETI-000914

 

Laboratory

 

Osmometer

 

Osmometer

 

Advanced Instruments

 

3320

703

 

ETI-000917

 

Laboratory

 

Refrigerator

 

4C Refrigerator

 

Danby

 

 

737

 

ETI-000918

 

Laboratory

 

Shelf Wire

 

Wire 4 shelf unit large

 

Metro

 

 

926

 

ETI-000926

 

Laboratory

 

PH Meter

 

Portable Meter

 

ThermoOrion

 

230Aplus

931

 

ETI-000931

 

Laboratory

 

Microscope

 

Light Microsope w/ UV and Camera

 

Nikon

 

TE300

939

 

ETI-000939

 

Laboratory

 

Refrigerator

 

Refrig/Freezer

 

Frigidaire

 

 

946

 

ETI-000946-54

 

Laboratory

 

Pipettes

 

Repeater Plus 1 channel

 

Eppendorf

 

22260201

956

 

ETI-000956

 

Laboratory

 

IMT Instrument

 

transducer amplifier module

 

Hugo Sachs

 

73-0045

958

 

ETI-000958-65

 

Laboratory

 

IMT Instrument

 

Bath modules

 

Hugo Sachs

 

 

 

 

ETI-000966

 

Laboratory

 

NMR

 

Inova 500MHz Shielded

 

Varian

 

Inaova 500

968

 

ETI-000968

 

Laboratory

 

Freezer

 

-80C Freezer

 

Forma Scientific

 

 

969

 

ETI-000969

 

Laboratory

 

Freezer

 

-80C Freezer

 

VWR Scientific

 

 

970

 

ETI-000970

 

Laboratory

 

Freezer

 

-80C Freezer

 

VWR Scientific

 

 

974

 

ETI-000974

 

Laboratory

 

Freezer

 

-80C Freezer

 

Thermo Electron Corp

 

 

975

 

ETI-000975

 

Laboratory

 

Freezer

 

-80C Freezer

 

Thermo Electron Corp

 

 

977

 

ETI-000977

 

Laboratory

 

Freezer

 

-20C

 

Frigidaire

 

 

980

 

ETI-000980

 

Laboratory

 

Refrigerator

 

4C Refrigerator

 

Danby

 

 

981

 

ETI-000981

 

Laboratory

 

LN2 Freezer

 

CryoPRO

 

VWR Scientific

 

 

986

 

ETI-000986

 

Laboratory

 

Freezer

 

-20C

 

Frigidaire

 

 

991

 

ETI-000991

 

Laboratory

 

Sonicator

 

Ultrasonic bath w/ heater

 

Branson

 

3510

 

C-17


 

EXHIBIT D — LEASEHOLD IMPROVEMENTS

 

1.                                      Installation of generator transfer switch within 180 days of the Commencement Date.

 

D-1


 

EXHIBIT E — RULES

 

Subject to the terms of the foregoing Lease:

 

1.                                      No person shall disturb other occupants of the Building by making loud or disturbing noises.

 

2.                                      Soliciting, peddling and canvassing are prohibited in the Building and Tenant shall cooperate to prevent the same.

 

3.                                      Tenant shall be responsible for all damage or injury resulting from the delivery or removal of all articles into or out of the Building or the Leased Premises. No load shall be placed on the floors or in elevators, if any, in excess of the limits of the manufacturers’ design requirements, without prior approval of Landlord’s facilities engineer.

 

4.                                      Tenant shall not use any equipment emitting noxious and/or toxic fumes unless they are properly vented at Tenant’s expense.

 

5.                                      Nothing shall be attached to the interior or exterior of the Building without the prior written consent of Landlord which shall not be unreasonably withheld or delayed. However, Tenant shall have the right to install and remove, within the Leased Premises (subject to the terms of this Lease), all of Tenant’s furniture and normal business equipment. No window treatments or objects shall be attached to, hung in or used in connection with any exterior of any door or window or from outside the Building, unless approved by Landlord which shall not be unreasonably withheld or delayed.

 

6.                                      No sign or other representation shall be placed on the interior or exterior of the Building without prior written consent of Landlord which shall not be unreasonably withheld or delayed.

 

7.                                      No hazardous articles shall be brought into or kept in the Building at any time except in accordance with the Lease and all applicable laws.

 

8.                                      The mechanical systems, the electrical system and lighting fixtures in the Building and the Leased Premises shall not be altered or disturbed in any manner without the prior written consent of Landlord, which may be withheld in the case of any alteration of such lighting fixtures. Any alterations or additions must be performed by licensed personnel authorized by Landlord.

 

9.                                      The toilets and other plumbing fixtures shall not be used for any other purpose than those for which they are designed. No sweepings, rubbish or other similar materials or substances shall be deposited therein.

 

10.                               Smoking is prohibited in the Building or near or around any entrances.

 

11.                               Except during Tenant’s normal business hours, Tenant shall keep all doors to the Leased Premises locked and other means of entry to the Leased Premises closed and secured.

 

12.                               All cleaning, repairing, janitorial, decorating, painting or other services and work in and about the Leased Premises shall be done only by authorized Building personnel hired by Tenant or Landlord. Tenant shall notify Landlord of those parties performing such services on behalf of

 

E-1


 

Tenant prior to such work being commenced and provide required insurance naming Landlord as an additional insured.

 

13.                               Tenant or Tenant’s employees shall not distribute literature, flyers, handouts or pamphlets of any type in any of the exterior Common Areas without the prior written consent of Landlord.

 

14.                               Tenant shall not cook, otherwise prepare or sell, any foods or beverages in or from the Leased Premises. However, Tenant shall have the right to prepare food for the exclusive use of Tenant’s employees.

 

15.                               Tenant shall not permit the use of any apparatus for sound production or transmission in such manner that the sound so transmitted or produced shall be audible or vibrations shall be detectable beyond the Leased Premises.

 

16.                               Tenant shall keep all electrical and mechanical apparatus free of vibration, noise and air waves which may be transmitted beyond the Leased Premises.

 

17.                               No floor covering shall be affixed to any floor in the Leased Premises by means of glue or other adhesive, unless the installation procedure is approved by Landlord.

 

18.                               Tenant shall comply with the Ypsilanti Township Sewer Use Ordinance No. 2001-280. All materials entering the sink drains must be in compliance with the discharge limits set in the ordnance. See http://www.ycua.org/PDFs/TownshipOrdinance2001-280(Water&Sewer).pdf; and http://www.ycua.org/PDFs/2004TownshipSewerUseO rdinance10-19-2004.pdf.

 

19.                               Tenant may not use any of the following in the Building without Landlord’s prior written certification and written consent:

 

·                       Licensed radioactive materials;

 

·                       Ionizing radiation producing equipment;

 

·                       BL2, BL3 and BL4 pathogens;

 

·                       Select Agents and Toxins as defined by CDC, HHS, DEA, ATF and USDA(http://www.selectagents.gov/agentToxinList.htm); and

 

·                       Heavy metal containing materials, e.g. Mercury and Lead

 

20.                               Any use or storage of flammable liquids shall comply with NFPA 45 Standard on “Fire Protection for Laboratories Using Chemicals.”

 

21.                               Flammable liquids shall not be heated outside of a fume hood or a sealed UL approved apparatus.

 

22.                               Tenant may not use any reaction vessels or receiver greater than 4 liters in volume.

 

23.                               All biological/chemical storage and waste containers larger than 4 liters must be UL approved.

 

E-2


 

24.                               To the extent Tenant determines to conduct animal experiment or research within the Building, such work shall be conducted only inside the vivarium located within the Building, with the exception of occasional terminal procedures conducted by Tenant scientists for the purpose of post-mortem analysis and performed under the supervision of a licensed veterinarian and that do not involve the re-introduction of any animal into the vivarium.

 

25.                               All invasive procedures involving animals shall be directed by a licensed veterinarian.

 

26.                               Tenant shall comply with all rules and regulations established by Landlord pursuant to Section 12.1 of the Lease.

 

27.                               Landlord shall use the best efforts to enforce the foregoing rules and regulations as to other tenants of the Building. Landlord shall have the right to amend these rules and regulations from time to time as provided in such Section 12.1 of the Lease.

 

E-3