Attached files
file | filename |
---|---|
10-Q - FORM 10-Q - Anika Therapeutics, Inc. | f10q_050216p.htm |
EX-10.2 - EXHIBIT 10.2 - Anika Therapeutics, Inc. | exh_102.htm |
EX-31.2 - EXHIBIT 31.2 - Anika Therapeutics, Inc. | exh_312.htm |
EX-32.1 - EXHIBIT 32.1 - Anika Therapeutics, Inc. | exh_321.htm |
EX-31.1 - EXHIBIT 31.1 - Anika Therapeutics, Inc. | exh_311.htm |
EX-10.5 - EXHIBIT 10.5 - Anika Therapeutics, Inc. | exh_105.htm |
EX-10.1 - EXHIBIT 10.1 - Anika Therapeutics, Inc. | exh_101.htm |
EX-10.3 - EXHIBIT 10.3 - Anika Therapeutics, Inc. | exh_103.htm |
Exhibit 10.4
AMENDMENT
TO THE LEASE AGREEMENT (Reg.ne 39 series 3T)
By and between
FIDIA FARMACEUTICI S.P.A. with legal domicile in Abano Terme (PD) via Ponte della Fabbrica 3/A, Italy, VAT Code 00204260285 (hereinafter “Fidia”)
and
ANIKA THERAPEUTICS S.r.l. with legal domicile in Abano Terme (PD) via Ponte della Fabbrica 3/B, Italy, VAT Code 03641500289 (hereinafter “Anika”)
(which shall hereinafter be jointly referred to as the “Parties,” and individually as a “Party”)
WHEREAS
on December 30, 2009, Fidia and Anika (formerly FAB S.r.l.) entered into a lease agreement (the “Agreement”), subsequently amended, in respect of leasing a certain Property (as defined in the Agreement).
Through this Amendment Fidia and Anika establish the following:
1) | The definitions contained in the Agreement shall have the same meanings in this Amendment to the Lease Agreement. |
2) | Effective January 1, 2012, Annex A to the Agreement is replaced by Annex A attached to this Amendment to the Lease Agreement. |
3) | Effective January 1, 2012, recital C) of the Agreement is amended as follows: |
“The Lessor is the owner of the leased premises in Abano Terme (PD), via Ponte della Fabbrica 3/A and 3/B, registered in the NCT.F. 10 map 632 and NCEU F. 10 map 632, as described in the registry search and plans as attached in Annex A hereto and identified as follows (the “Property”) |
(1) | a portion of the building called F2 (“Building F2 – plans 0008_59 and 0008_02”), with 423 m2 to be used as a warehouse; |
(2) | a portion of the building called “Research Institute” (LR1 – plans 0005 and 0006), with 1,174 m2 to be used as laboratories and Tissue Tech production facilities, and 1,268 m2 for office use (ground floor and first floor); |
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4) | Effective from January 1, 2012 to March 31, 2012: |
a) | the table contained in Section 3.1 is replaced by the following table which takes into account the ISTAT indexation at December 2011: |
Area | M2 |
Monthly rent / m2 (euros) |
Monthly rent (euros) |
Research Institute (LR1 – plans 0005 and 0006) – Offices Warehouse (“Building F2 – plans 0008_59”) |
1,268 | 14.63 | 18,551 |
373 | 5.23 | 1,951 | |
Warehouse (“Building F2 – plans 0008_02”) |
50 | 14.63 | 732 |
Research Institute (LR1 – plan 0005) – Research Laboratories |
655 | 17.46 | 11,436 |
Research Institute (LR1 – plan 0006) – Tissue Tech Production Facilities |
519 | 17.46 | 9,062 |
Totals | 2,865 | 41,732 |
and b) the total amount of the monthly rent in line with the provisions of Section 3.1, effective from January 1, 2012 to 03.31.2012, is 41,732 euros.
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5) | Effective April 1, 2012, the premises leased to Anika are reduced and therefore the spaces being leased are the ones indicated in Annex B of this Amendment to the Lease Agreement. |
6) | Effective from April 1, 2012, recital C) of the Agreement is amended as follows: |
“The Lessor is the owner of the leased premises in Abano Terme (PD), via Ponte della Fabbrica 3/A and 3/B, registered in the NCT.F. 10 map 632 and NCEU F. 10 map 632, as described in the registry search and plans as attached in Annex A hereto and identified as follows (the “Property”) |
(3) | a portion of the building called F2 (“Building F2 – plans 0008_59 and 0008_02”), with 423 m2 to be used as a warehouse; |
(4) | a portion of the building called “Research Institute” (LR1 – plans 0005 and 0006), with 1,054 m2 to be used as laboratories and Tissue Tech production facilities, and 1,125 m2 for office use (ground floor and first floor); |
7) | Effective from April 1, 2012, the table contained in Section 3.1 is replaced by the following table: |
Area | M2 |
Monthly rent / m2 (euros) |
Monthly rent (euros) |
Research Institute (LR1 – plans 0005 and 0006) – Offices Warehouse (“Building F2 – plans 0008_59”) |
1,125 | 14.63 | 16,459 |
373 | 5.23 | 1,951 | |
Warehouse (“Building F2 – plans 0008_02”) |
50 | 14.63 | 732 |
Research Institute (LR1 – plan |
535 | 17.46 | 9,341 |
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0005) – Research Laboratories | |||
Research Institute (LR1 – plan 0006) – Tissue Tech Production Facilities |
519 | 17.46 | 9,062 |
Totals | 2,602 | 37,545 |
Therefore, the total amount of the monthly rent in line with the provisions of Section 3.1 effective from April 1, 2012, is 37,545 euros. |
8) | With the return of the R&D spaces, Anika shall reimburse Fidia the sum of €24,666.00 pursuant to Art. 4 of the Lease Agreement of June 18, 2010. |
9) | The other provisions of the agreement remain unchanged. |
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IN WITNESS WHEREOF, the Parties have signed this Amendment to the Lease Agreement on
Abano Terme, April 16, 2012
FIDIA FARMACEUTICI S.P.A.
By: /s/ Antonio Germani
Antonio Germani, Managing Director
ANIKA THERAPEUTICS S.r.l.
By: /s/ Charles H. Sherwood, Ph.D.
Charles Sherwood, President
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