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FIFTH AMENDMENT TO LEASE
This fifth amendment to lease ("Fifth Amendment") is made this 3rd day of July, 2002 by and between Sobrato Interests, a
California limited partnership ("Landlord") and Affymetrix, Inc., a California Corporation ("Tenant"), as successor lessee from
Affymax Research Institute.
WHEREAS Landlord and Tenant entered into a lease dated March 5, 1992 and subsequent lease amendments dated
December 23, 1992, February 7, 1994, April 5, 1995 and June 12, 1996 (collectively the "Lease") for the premises ("Premises")
located at 3380 Central Expressway, Santa Clara, California; and
WHEREAS effective the date of this Fifth Amendment, Landlord and Tenant wish to modify the Lease to (i) change the
Lease Expiration Date; (ii) specify the Base Monthly Rent due for the period from September 1, 2003 through August 31, 2013;
and (iii) modify the provisions of Lease section 28.A. and 28.B;
NOW, THEREFORE, in order to effect the intent of the parties as set forth above and for good and valuable consideration
exchanged between the parties, the Lease is amended as follows:
The Lease Expiration Date is changed from August 31, 2003 to August 31, 2013.
Base Monthly Rent from September 1, 2003 through August 31, 2013 shall be:
$65,587.20 per month from September 1, 2003 through August 31, 2006;
$72,614.40 per month from September 1, 2006 through August 31, 2008;
$79,173.12 per month from September 1, 2008 through August 31, 2013.
Lease section 28.A. is modified to eliminate Landlord's right to terminate the
Lease in the event Tenant desires to assign or sublet the Premises or any part thereof.
Landlord's only options in such event shall be to permit such assignment or sublease, or
to refuse consent pursuant to the Lease.
Lease section 28.B. is modified to make the allocation of sublease and assignment pro