|
Exhibit
10.4
ADDENDUM
THREE
(Additional Space –
Suite 610)
This Addendum is to the Office Building
Lease and Addendum One and Addendum Two dated May 18, 1999
(the “Lease”), the First Lease Amendment executed
May 24, 2004, and the Second Lease Amendment executed
June 16, 2004, by and between Lake Union Building, LLC
(“Landlord”), and Insightful Corporation, formerly
known as Mathsoft, Inc. (“Tenant”). To the extent the
terms of this Addendum are inconsistent with the other terms of the
Lease, the terms of this Addendum shall control. Unless
specifically stated otherwise, all capitalized terms in this
Addendum shall have the same meaning ascribed to them in the
Lease.
1. PREMISES – ADDITIONAL
SPACE:
That portion of The Lake
Union Building containing approximately 3,245 square feet of
Rentable Area located on the sixth (6 th ) floor of the Building, identified as Suite 610, and
generally consistent with Exhibit A attached
hereto.
All Rentable Area
measurements are calculated in accordance with the BOMA Standard
Method for Measuring Floor Area in Office Buildings (ANSI/BOMA
Z65.1-1996).
2. LEASE TERM – ADDITIONAL
SPACE:
The Landlord and Tenant
hereby agree to a lease term of fourteen and one-half months (14
1 /
2 months).
3. COMMENCEMENT OF LEASE TERM –
ADDITIONAL SPACE:
The lease term shall commence
on June 15, 2006, or upon the completion, or near completion,
of preparation of the Premises for occupancy.
4. EXPIRATION OF LEASE TERM EXTENSION
– ADDITIONAL SPACE:
The lease term shall expire
on September 30, 2007.
5. RENTAL RATE – ADDITIONAL
SPACE:
The rental rate shall be the
fully serviced rate charged Tenant by Landlord per Rentable Square
Foot (RSF), as defined by the Building Owners and Managers
Association International.
The rental rate shall be as
follows:
|
|
|
|
|
Rental Rate per RSF |
|
Monthly Rent |
| $ 14.50 |
|
$ |
3,921.04 |
On each anniversary of the
Lease Extension Commencement Date (‘The Adjustment
Date’), the Rent shall be adjusted by multiplying the current
Rent by a CPI Ratio, wherein the numerator is the applicable
‘Current CPI Index’ and the denominator is the
‘Base CPI Index’ provided, however, that the CPI Ratio
shall not be less than one. Adjustments (if any) shall be based
upon increases (if any) in the index. The CPI index in publication
three (3) months before the Commencement Date shall be the
‘Base Index.’ The CPI index in publication three
(3) months before each Adjustment Date shall be the
‘Comparison Index.’ The CPI index shall be the Consumer
Price Index for All Urban Consumers issued by the United States
Department of Labor, or the most similar index available should
this index no longer be published.
Lease Addendum (Additional Space –
Suite 610) – Insightful Corporation
May 30, 2006
Page 2 of 6
6. TENANT
IMPROVEMENTS:
Landlord shall provide Tenant
an allowance of up to, but not to exceed, five thousand dollars
($5,000.00) for painting and carpet cleaning, the scope and cost of
such work to be approved and paid by Landlord and the performance
of which to be coordinated by Tenant.
7. PARKING:
Parking shall be available at
the rate of 2 spaces per 1,000 square feet of Rentable Area leased.
Tenant shall have an option for seven (7) parking spaces at
current market rates. The location of the assigned parking is
subject to availability.
All parking arrangements will
be made through Landlord’s parking lot contractor, Ampco
System Parking (206-267-0713). If at the commencement of the Lease
Term Extension Tenant elects not to rent the seven (7) parking
spaces allotted to Tenant, or if during the Lease Term Extension
any of the seven (7)&nb
| 
