EX-10.51 9 holxq4-2019ex1051.htm EXHIBIT 10.51
CERTAIN INFORMATION HAS BEEN OMITTED FROM THIS DOCUMENT BECAUSE IT IS (I) NOT MATERIAL, AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. OMISSIONS ARE MARKED [*******].
SIXTH ADDENDUM TO AGREEMENT OF LEASE
THIS SIXTH ADDENDUM ("Addendum”) made as of the _ day of July, 2016, by and between DELAWARE COMMERCE PARK, LLC, a Delaware limited li ab ility company having an address at 7 Finance Drive, Danbury, Connecticut 06810 ("Lessor") and HOLOGIC, INC., a Delaware corporation, having an address at 37 Apple Ridge Road, Danbury, Connecticut 06810 ("Lessee").
RECITALS
A.Lessee has leased certain premises located at 37 App l e Rid ge Road, Danbur y, Connecticut (the "Leased Premi ses"), pur s uant to, and i s the current tenant under, a le ase dated December 26, 1995 between Melvyn J. Powers and Mary P. Power s, as original les sor, and LO RAD, a Division of Trex-Medical Corporation, as original lessee, as amended by a First Addendum to Lea se Agreement dated March l , 1996, a Second Addendum to Lease Agreement dated as of April 1, 1996, a Third Addendum to Lease Agreement dated as of May 1, 1996, a Fourth Addendum to Lease Agreement dated as of September 26, 2005, and a Fifth Addendum to Lease dated as of March 28, 2012 (collectively, the "Lease"). Lessor is the successor in title to the Leased Premises pursuant to Quit Claim Deed from Commerce Park Realty, LLC dat e d December 6, 2012.
B.By letter dated June 30, 2016, Lessee wishes to extend the Term of the Lease to December 31, 2021, upon the terms and conditions set forth i n this Sixth Addendum to Lease Agreement.
C.To memorialize said extension, Lessor requir es that the Le ssee e nter into this A ddendum.
D.In consideration of the foregoing, and for On e Dollar ($1.00) and other valuable cons i deration received by each to th e ir satisfaction, Lessor and L essee hereby agree as follows:
AGREEMENT
1. L essor and Lessee h e reby agree to extend the Lease Agreement, as de sc ribed in this Sixth Addendum to Lease Agreement for five (5) years commencing on J a nuary 1, 2017 and ending on December 31, 2021. All references in the Lease to the "Initial Term" s hall be deemed to mean the period ending on December 3 1, 2021.
2.Notwithstanding anything contained in t he Lease to the co ntrary, the parties hereby agree that, commencing as of January 1, 2017, the Fixed Rent shall be payable as follows: [*******].
3.The partie s hereby agree that the Lessor shall construct the following improvements to the Leas e Pr e mis es at Les so r's sole expense:

• | [*******]

• | [*******]

• | [*******]

• | [*******]

4.The partie s hereby agree that the Lessee will be granted one (1) additional option to extend the Lea se Term for two (2) years ("Option"). Lessee agree s to provide at least a twelve (12) month prior notice to exerci se the addition Term Option. The partie s hereby agree that the Fixed Rent for the Option shall be at [*******].
5. Except as specifically modified hereby in this Addendum, all of the terms and conditions of the Lease Agreement remain in full force and effect.
6. This Addendum shall be binding upon, and inure to the benefit of, Lessor and Lessee and their respective heirs, successors and assigns.
7.This Addendum shall be construed in accordance with the law s of the State of Connecticut.
8.This Addendum and th e L ease Agreement may not be chan ged or modifi e d, i n whole or in p ar t, ex cept by written in st rum e nt execut e d b y the party aga inst whom enforcement of s uch change or modification is so ught
9. All capitalized t e rm s u se d, but not defined her e in, shall h ave the definition s attributed thereto in the Lease Agreement.
IN WITNESS WH E REOF, Lessor and Lessee have executed this Addendum as of the day and date fir s t above written.
LESSOR:
DELAWARE COMMERCE PARK, LLC
By: Commerce Park Management
Company, Its Manager
By::
/s/ Melvyn J. Powers
Melvyn J. Power s President
LE SSE E:
HOLOGIC, IN C.
By: /s/ Ed Zielinski
Vice President, Real Estate & Facilities