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Illumina, Inc. – ‘10-K’ for 1/3/16 – ‘EX-10.29’

On:  Wednesday, 3/2/16, at 4:10pm ET   ·   For:  1/3/16   ·   Accession #:  1110803-16-175   ·   File #:  1-35406

Previous ‘10-K’:  ‘10-K/A’ on 7/15/15 for 12/28/14   ·   Next:  ‘10-K’ on 2/14/17 for 1/1/17   ·   Latest:  ‘10-K’ on 2/16/24 for 12/31/23   ·   4 References:   

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  As Of               Filer                 Filing    For·On·As Docs:Size

 3/02/16  Illumina, Inc.                    10-K        1/03/16  114:12M

Annual Report   —   Form 10-K   —   Sect. 13 / 15(d) – SEA’34
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-K        Annual Report                                       HTML   1.10M 
 2: EX-10.29    Material Contract                                   HTML     45K 
 3: EX-10.30    Material Contract                                   HTML     49K 
 4: EX-21.1     Subsidiaries List                                   HTML     45K 
 5: EX-23.1     Consent of Experts or Counsel                       HTML     38K 
 6: EX-31.1     Certification -- §302 - SOA'02                      HTML     45K 
 7: EX-31.2     Certification -- §302 - SOA'02                      HTML     44K 
 8: EX-32.1     Certification -- §906 - SOA'02                      HTML     38K 
 9: EX-32.2     Certification -- §906 - SOA'02                      HTML     38K 
16: R1          Document and Entity Information Document            HTML     63K 
17: R2          Consolidated Balance Sheets                         HTML    118K 
18: R3          Consolidated Balance Sheets (Parenthetical)         HTML     57K 
19: R4          Consolidated Statements of Income                   HTML    123K 
20: R5          Consolidated Statements of Comprehensive Income     HTML     50K 
21: R6          Consolidated Statements of Stockholders' Equity     HTML    101K 
22: R7          Consolidated Statements of Cash Flows               HTML    161K 
23: R8          Organization and Summary of Significant Accounting  HTML    138K 
                Policies                                                         
24: R9          Balance Sheet Account Details                       HTML    151K 
25: R10         Intangible Assets                                   HTML     86K 
26: R11         Fair Value Measurements                             HTML    121K 
27: R12         Convertible Senior Notes                            HTML     97K 
28: R13         Commitments                                         HTML     94K 
29: R14         Share-based Compensation Expense                    HTML     84K 
30: R15         Stockholders' Equity                                HTML    163K 
31: R16         Legal Proceedings                                   HTML     55K 
32: R17         Income Taxes                                        HTML    161K 
33: R18         Employee Benefit Plans                              HTML     44K 
34: R19         Segment Information, Geographic Data, and           HTML     71K 
                Significant Customers                                            
35: R20         Quarterly Financial Information (Unaudited)         HTML     89K 
36: R21         Subsequent Events                                   HTML     39K 
37: R22         Schedule Ii - Valuation and Qualifying Accounts     HTML     58K 
                and Reserves                                                     
38: R23         Organization and Summary of Significant Accounting  HTML    189K 
                Policies (Policies)                                              
39: R24         Organization and Summary of Significant Accounting  HTML     82K 
                Policies (Tables)                                                
40: R25         Balance Sheet Account Details (Tables)              HTML    152K 
41: R26         Intangible Assets (Tables)                          HTML     89K 
42: R27         Fair Value Measurements (Tables)                    HTML    117K 
43: R28         Convertible Senior Notes (Tables)                   HTML     58K 
44: R29         Commitments (Tables)                                HTML     89K 
45: R30         Share-based Compensation Expense (Tables)           HTML     85K 
46: R31         Stockholders' Equity (Tables)                       HTML    234K 
47: R32         Income Taxes (Tables)                               HTML    150K 
48: R33         Segment Information, Geographic Data, and           HTML     64K 
                Significant Customers (Tables)                                   
49: R34         Quarterly Financial Information (Unaudited)         HTML     86K 
                (Tables)                                                         
50: R35         Organization and Summary of Significant Accounting  HTML     55K 
                Policies - Narrative - Concentrations of Risk                    
                (Details)                                                        
51: R36         Organization and Summary of Significant Accounting  HTML     40K 
                Policies - Narrative - Property and Equipment                    
                (Details)                                                        
52: R37         Organization and Summary of Significant Accounting  HTML     42K 
                Policies - Narrative - Goodwill, Intangible Assets               
                and Other Long-Lived Assets (Details)                            
53: R38         Organization and Summary of Significant Accounting  HTML     40K 
                Policies - Narrative - Derivatives (Details)                     
54: R39         Organization and Summary of Significant Accounting  HTML     43K 
                Policies - Narrative - Warranties (Details)                      
55: R40         Organization and Summary of Significant Accounting  HTML     42K 
                Policies - Narrative - Revenue Recognition                       
                (Details)                                                        
56: R41         Organization and Summary of Significant Accounting  HTML     37K 
                Policies - Narrative - Share-Based Compensation                  
                (Details)                                                        
57: R42         Organization and Summary of Significant Accounting  HTML     37K 
                Policies - Narrative - Advertising Costs (Details)               
58: R43         Organization and Summary of Significant Accounting  HTML     56K 
                Policies - Summary of Calculation of Weighted                    
                Average Shares used to Calculate Basic and Diluted               
                Earnings Per Share (Details)                                     
59: R44         Organization and Summary of Significant Accounting  HTML     47K 
                Policies - Summary of Components of Accumulated                  
                Other Comprehensive Income (Loss) (Details)                      
60: R45         Balance Sheet Account Details - Summary of          HTML     55K 
                Short-term Investments (Details)                                 
61: R46         Balance Sheet Account Details - Summary of          HTML     42K 
                Contractual Maturities of Available-for-sale Debt                
                Securities (Details)                                             
62: R47         Balance Sheet Account Details - Narrative -         HTML     51K 
                Cost-Method Investments (Details)                                
63: R48         Balance Sheet Account Details - Summary of          HTML     48K 
                Accounts Receivable (Details)                                    
64: R49         Balance Sheet Account Details - Summary of          HTML     46K 
                Inventory (Details)                                              
65: R50         Balance Sheet Account Details - Summary of          HTML     57K 
                Property and Equipment (Details)                                 
66: R51         Balance Sheet Account Details - Narrative -         HTML     42K 
                Property and Equipment (Details)                                 
67: R52         Balance Sheet Account Details - Summary of Changes  HTML     43K 
                in Goodwill (Details)                                            
68: R53         Balance Sheet Account Details - Summary of Accrued  HTML     54K 
                Liabilities (Details)                                            
69: R54         Balance Sheet Account Details - Narrative -         HTML     40K 
                Investment in Helix (Details)                                    
70: R55         Balance Sheet Account Details - Narrative -         HTML     41K 
                Redeemable Noncontrolling Interests (Details)                    
71: R56         Balance Sheet Account Details - Summary of          HTML     47K 
                Activity of Redeemable Noncontrolling Interests                  
                (Details)                                                        
72: R57         Intangible Assets - Summary of Identifiable         HTML     56K 
                Intangible Assets (Details)                                      
73: R58         Intangible Assets - Narrative (Details)             HTML     36K 
74: R59         Intangible Assets - Summary of Intangible Assets    HTML     48K 
                Acquired (Details)                                               
75: R60         Intangible Assets - Summary of the Estimated        HTML     51K 
                Annual Amortization of Intangible Assets (Details)               
76: R61         Fair Value Measurements - Summary of Fair Value     HTML     79K 
                Hierarchy for Assets and Liabilities Measured at                 
                Fair Value on a Recurring Basis (Details)                        
77: R62         Fair Value Measurements - Summary of Changes in     HTML     47K 
                Estimated Fair Value of Contingent Consideration                 
                Liabilities (Details)                                            
78: R63         Convertible Senior Notes - Narrative (Details)      HTML    142K 
79: R64         Convertible Senior Notes - Summary of Conversion    HTML     57K 
                of 2016 Notes (Details)                                          
80: R65         Convertible Senior Notes - Summary of Information   HTML     58K 
                about Equity and Liability Components of                         
                Convertible Senior Notes Outstanding (Details)                   
81: R66         Commitments - Narrative (Details)                   HTML     73K 
82: R67         Commitments - Summary of Annual Future Minimum      HTML     87K 
                Payments under Operating Leases (Details)                        
83: R68         Commitments - Summary of Changes in the Facility    HTML     47K 
                Exit Obligation (Details)                                        
84: R69         Commitments - Summary of Annual Future Minimum      HTML     48K 
                Royalty Payments under Licensing Agreements                      
                (Details)                                                        
85: R70         Commitments - Summary of Changes in Reserve for     HTML     43K 
                Product Warranties (Details)                                     
86: R71         Share-based Compensation Expense - Summary of       HTML     52K 
                Share-based Compensation Expense for all Stock                   
                Awards (Details)                                                 
87: R72         Share-based Compensation Expense - Summary of       HTML     69K 
                Assumptions used to Estimate the Weighted-Average                
                Fair Value Per Share for Stock Purchase under the                
                Employee Stock Purchase Plan (Details)                           
88: R73         Share-based Compensation Expense - Narrative        HTML     39K 
                (Details)                                                        
89: R74         Stockholders' Equity - Summary of Restricted Stock  HTML     75K 
                Activity and Related Information (Details)                       
90: R75         Stockholders' Equity - Summary of Pre-tax           HTML     48K 
                Intrinsic Values and Total Fair Value of Vested                  
                Restricted Stock (Details)                                       
91: R76         Stockholders' Equity - Summary of Stock Option      HTML     59K 
                Activity Under all Stock Option Plans (Details)                  
92: R77         Stockholders' Equity - Narrative (Details)          HTML     43K 
93: R78         Stockholders' Equity - Narrative - Restricted       HTML     56K 
                Stock (Details)                                                  
94: R79         Stockholders' Equity - Narrative - Stock Options    HTML     80K 
                (Details)                                                        
95: R80         Stockholders' Equity - Narrative - Employee Stock   HTML     48K 
                Purchase Plan (Details)                                          
96: R81         Stockholders' Equity - Narrative - Warrants         HTML     44K 
                (Details)                                                        
97: R82         Stockholders' Equity - Narrative - Share            HTML     51K 
                Repurchases (Details)                                            
98: R83         Legal Proceedings - Narrative (Details)             HTML     79K 
99: R84         Income Taxes - Summary of Income before Income      HTML     42K 
                Taxes by Region (Details)                                        
100: R85         Income Taxes - Summary of Provision for Income      HTML     67K  
                Taxes (Details)                                                  
101: R86         Income Taxes - Summary of Reconciliation of         HTML     60K  
                Provision for Income Taxes to Amount Computed by                 
                Applying the Federal Statutory Rate (Details)                    
102: R87         Income Taxes - Narrative (Details)                  HTML     89K  
103: R88         Income Taxes - Summary of Significant Components    HTML     83K  
                of Deferred Tax Assets and Liabilities (Details)                 
104: R89         Income Taxes - Summary of the Gross Amount of       HTML     48K  
                Uncertain Tax Positions (Details)                                
105: R90         Employee Benefit Plans - Narrative (Details)        HTML     55K  
106: R91         Segment Information, Geographic Data, and           HTML     52K  
                Significant Customers - Summary of Revenue by                    
                Region (Details)                                                 
107: R92         Segment Information, Geographic Data, and           HTML     45K  
                Significant Customers - Narrative (Details)                      
108: R93         Segment Information, Geographic Data, and           HTML     47K  
                Significant Customers - Summary of Net Long-lived                
                Assets Consisting of Property and Equipment by                   
                Region (Details)                                                 
109: R94         Quarterly Financial Information (unaudited) -       HTML     64K  
                Summary of Quarterly Data (Details)                              
110: R95         Subsequent Events - Narrative (Details)             HTML     51K  
111: R96         Schedule Ii - Valuation and Qualifying Accounts     HTML     45K  
                and Reserves (Details)                                           
113: XML         IDEA XML File -- Filing Summary                      XML    213K  
112: EXCEL       IDEA Workbook of Financial Reports                  XLSX    132K  
10: EX-101.INS  XBRL Instance -- ilmn-20160103                       XML   3.40M 
12: EX-101.CAL  XBRL Calculations -- ilmn-20160103_cal               XML    366K 
13: EX-101.DEF  XBRL Definitions -- ilmn-20160103_def                XML    894K 
14: EX-101.LAB  XBRL Labels -- ilmn-20160103_lab                     XML   2.50M 
15: EX-101.PRE  XBRL Presentations -- ilmn-20160103_pre              XML   1.42M 
11: EX-101.SCH  XBRL Schema -- ilmn-20160103                         XSD    219K 
114: ZIP         XBRL Zipped Folder -- 0001110803-16-000175-xbrl      Zip    347K  


‘EX-10.29’   —   Material Contract


This Exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]



 <!   C:   C: 
  Exhibit  





THIRD AMENDMENT TO LEASE
THIS THIRD AMENDMENT TO LEASE (this “Third Amendment”) is made as of September 2, 2015, by and between ARE-SD REGION NO. 32, LLC, a Delaware limited liability company (“Landlord”), and ILLUMINA, INC., a Delaware corporation (“Tenant”).
RECITALS
A.    Landlord and Tenant are now parties to that certain Amended and Restated Lease Agreement dated as of March 27, 2012, as amended by that certain First Amendment to Lease dated as of May 23, 2013, as further amended by that certain Amended and Restated Second Amendment to Lease dated as of March 12, 2015, and as further amended by that certain letter agreement dated March 12, 2015 (as amended, the “Lease”). Pursuant to the Lease, Tenant leases certain premises consisting of approximately 792,687 rentable square feet (“Premises”) located at 5200 Illumina Way, San Diego, California (“Project”). The Premises are more particularly described in the Lease. Capitalized terms used herein without definition shall have the meanings defined for such terms in the Lease.
B.     Landlord and Tenant desire to document in this Third Amendment the terms and conditions upon which Landlord has consented to Tenant’s construction of the parking structure at the Project as more particularly described in Exhibit A attached hereto (the “P1 Parking Structure”).
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, the mutual promises and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows:
1.
Construction of P1 Parking Structure. Landlord consented to Tenant’s request for Tenant to construct at the Project, at Tenant’s sole cost and expense, the P1 Parking Structure in a good and workman like manner, lien free and in compliance with all Legal Requirements. Tenant was required to and represents and warrants to Landlord that Tenant named Landlord a third party beneficiary of the contracts entered into with architect, general contractor and subcontractors, and of any warranty made by any the architect, general contractor or any subcontractors in connection with the construction of the P1 Parking Structure.
2.
No Removal. Notwithstanding anything to the contrary contained in the Lease, Tenant shall have no obligation or right to remove the P1 Parking Structure, and Tenant shall be required, at Tenant’s sole cost and expense, to maintain the P1 Parking Structure at all times in good condition and repair (including repairing any construction defects) during the Term.
3.
Brokers. Landlord and Tenant each represents and warrants that it has not dealt with any broker, agent or other person (collectively, “Broker”) in connection with the transaction reflected in this Third Amendment and that no Broker brought about this transaction, other than Cushman & Wakefield. Landlord and Tenant each hereby agrees to indemnify and hold the other harmless from and against any claims by any Broker claiming a commission or other form of compensation by virtue of having dealt with Tenant or Landlord, as applicable, with regard to this leasing transaction. Tenant shall be responsible for all commissions, if any, due to Cushman & Wakefield arising out of the execution of this Third Amendment.
4.
Disclosure. For purposes of Section 1938 of the California Civil Code, as of the date of this Amendment, Tenant acknowledges having been advised by Landlord that the Project has not been inspected by a certified access specialist.
5.
Miscellaneous.
a.This Third Amendment is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This Third Amendment may be amended only by an agreement in writing, signed by the parties hereto.
b.This Third Amendment is binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns.
c.This Third Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by other parties to this Third Amendment attached thereto.





d.Except as amended and/or modified by this Third Amendment, the Lease is hereby ratified and confirmed and all other terms of the Lease shall remain in full force and effect, unaltered and unchanged by this Third Amendment. In the event of any conflict between the provisions of this Third Amendment and the provisions of the Lease, the provisions of this Third Amendment shall prevail. Whether or not specifically amended by this Third Amendment, all of the terms and provisions of the Lease are hereby amended to the extent necessary to give effect to the purpose and intent of this Third Amendment.
[Signatures are on the next page.]
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment as of the day and year first above written.
TENANT:
ILLUMINA, INC.,
a Delaware corporation
By:    
Its:    



LANDLORD:
ARE-SD REGION NO. 32, LLC,
a Delaware limited liability company
By:    ALEXANDRIA REAL ESTATE EQUITIES, L.P.,
a Delaware limited partnership, managing member
By:
a Maryland corporation,
general partner
By:    
Its:                    





Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-K’ Filing    Date    Other Filings
Filed on:3/2/16
For Period end:1/3/165
9/2/15
3/12/154
5/23/134,  DEFA14A
3/27/12DEFA14A,  SC 14D9/A
 List all Filings 


4 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 2/16/24  Illumina, Inc.                    10-K       12/31/23  111:18M
 2/17/23  Illumina, Inc.                    10-K        1/01/23  108:17M
 2/18/22  Illumina, Inc.                    10-K        1/02/22  108:15M
 2/17/21  Illumina, Inc.                    10-K        1/03/21  102:13M
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Filing Submission 0001110803-16-000175   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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