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Title:

Lease

Entities:

Alnylam Pharmaceuticals, Inc.; Fleet Bank, NA; NSTAR; New York Clearing House Association

Date:

2004

Size:

Preview shows 7KB of 273KB total

Price:

$90

ID:

#402602

 

 

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                                                         MM Equity No.__________


LEASE

THIS LEASE, made as of September 26, 2003, by and between
THREE HUNDRED THIRD STREET LLC, a Delaware limited liability company
("Landlord") having an address in care of CORNERSTONE REAL ESTATE ADVISERS,
INC., Suite 1700, One Financial Plaza, Hartford, Connecticut 06103 and ALNYLAM
PHARMACEUTICALS, INC., a Delaware corporation ("Tenant") having its principal
office at 790 Memorial Drive, Cambridge, MA 02139.

INDEX

Article Title

1. Basic Provisions
2. Premises, Term and Rent Commencement Date
3. Rent
4. Taxes and Operating Expenses
5. Landlord's Work, Tenant's Work, Alterations and Additions
6. Use
7. Services
8. Insurance
9. Indemnification
10. Casualty Damage
11. Condemnation
12. Repair and Maintenance
13. Inspection of Premises
14. Surrender of Premises
15. Holding Over
16. Subletting and Assignment
17. Subordination, Attornment and Mortgagee Protection
18. Estoppel Certificate
19. Defaults
20. Remedies of Landlord
21. Quiet Enjoyment
22. Accord and Satisfaction
23. Security Deposit
24. Brokerage Commission
25. Force Majeure
26. Parking
27. Hazardous Materials
28. Additional Rights Reserved by Landlord
29. Defined Terms
30. Miscellaneous Provisions
31. Right of First Refusal

- 1 -
{PAGE}

EXHIBITS

Exhibit A Plan Showing the Building and Premises
Exhibit B Landlord's Work Letter
Exhibit B-1 Construction Schedule for Landlord's Work
Exhibit C Tenant's Work
Exhibit D Building's Rules and Regulations; Janitorial Specifications
Exhibit E Rent Commencement Date Confirmation
Exhibit F Signage

- 2 -
{PAGE}

ARTICLE 1.

BASIC PROVISIONS

A. Tenant's Trade Name: Alnylam Pharmaceuticals, Inc.

B. Tenant's Address:

Prior to Rent Commencement Date: 790 Memorial Drive,
Cambridge, MA 02139

After the Rent Commencement Date: at the Premises

C. Office Building Address: 300 Third Street, Cambridge, Massachusetts

D. Premises: Square feet (Rentable): A total of
approximately 44,058 comprised of 32,537
square feet on Level 03 (the "Third Floor
Premises"), 10,605 square feet on Level 04
(the "Fourth Floor Premises"), 366 square
feet relating to the rooftop penthouse, 185
square feet relating to the acid
neutralization room and 365 square feet
relating to the Level P-1 chemical storage
room (the rooftop penthouse, acid
neutralization room and chemical storage
room are hereinafter collectively referred
to as the "Peripheral Spaces")

E. Landlord: Three Hundred Third Street LLC

F. Landlord's Address: c/o Cornerstone Real Estate Advisers, Inc.
Suite 1700
One Financial Plaza
Hartford, Connecticut 06103
Attention: Northeast Regional Director

And a copy to: Attention: David Romano,
Vice President, Asset Manager

G. Building Manager/Address: Beal & Co., Inc.
177 Milk Street Boston, MA
02109-3410
Attention: Michael Manzo

H. Effective Date: Upon delivery of possession of the Premises
to Tenant

Rent Commencement Date: The earlier to occur of (i) April 1, 2004 or
(ii) the date Tenant takes occupancy of any
portion of the Premises for the conduct of
business provided, however, that, with
respect to the Fourth Floor Premises only,
the Rent Commencement Date shall be the
earlier to occur of (i) September 1, 2005 or
(ii) the date Tenant takes occupancy of any
portion of the Fourth Floor Premises for the
conduct of business.

- 3 -
{PAGE}

I. Expiration Date: September 30, 2011

J. Security Deposit: 12 months Monthly Rent plus Estimated
Operating Expenses (which, subject to
adjustment, is equal to $2,313,045.00 as of
the date hereof)

K. Monthly Rent: Lease Years 1 - 4: $41.50 per square foot

Lease Years 5 - 9/30/2011: $45.50 per square foot

L. Operating Expenses: Tenant to pay its Pro Rata Share

M. Taxes: Tenant to pay its Pro Rata Share

N. Tenant's Pro Rata Share: Tenant's Pro Rata Share shall be determined by
and adjusted by Landlord from time to time by dividing the Tenant's
Rentable Square Feet of the Premises by the rentable area of the
Building and multiplying the resulting quotient, to the second decimal
place, by one hundred. Notwithstanding the foregoing, with respect to
(1) the central HVAC system and (2) the acid neutralization room,
Tenant's Pro Rata Share shall be determined based upon actual usage
utilizing a commercially reasonable engineering analysis.

O. Normal Business Hours of the Building:


 

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