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EXHIBIT 10.16
FOURTH
LEASE AMENDMENT
THIS
FOURTH LEASE AMENDMENT (the "Amendment") is executed this
14
th day of March , 2008,
by and between DUKE REALTY LIMITED PARTNERSHIP, an Indiana limited
partnership ("Landlord"), and INTERACTIVE INTELLIGENCE, INC., an
Indiana corporation ("Tenant").
W
I
T
N
E
S
S
E
T
H
:
WHEREAS,
Landlord (f/k/a Duke-Weeks Realty Limited Partnership) and
Tenant entered into a certain lease dated April 1, 2001, as
amended by instruments dated September 19, 2001, December 13,
2002 and June 19, 2007 (collectively, the "Lease"), whereby
Tenant leases from Landlord certain premises consisting of (i)
approximately 120,000 rentable square feet of space (the
"Original Premises") located in an office building commonly
known as Woodland Corporate Park V, 7601 Interactive Way,
Indianapolis, Indiana 46278, and (ii) approximately 79,385
rentable square feet of space (the "Additional Space") located
in an office building currently being constructed and commonly
known as 7635 Interactive Way, Indianapolis, Indiana 46278;
and
WHEREAS,
Landlord and Tenant desire to expand the Additional Space by
approximately 258 rentable square feet (the "Second Additional
Space"). Collectively, the Original Premises,
Additional Space and Second Additional Space shall hereinafter
be referred to as the "Leased Premises"; and
WHEREAS,
Landlord and Tenant desire to amend certain provisions of the
Lease to reflect such expansion and any other changes to the
Lease;
NOW,
THEREFORE, in consideration of the foregoing premises, the
mutual covenants herein contained and each act performed
hereunder by the parties, Landlord and Tenant hereby enter
into this Amendment.
1.
Incorporation of
Recitals . The above recitals are hereby
incorporated into this Amendment as if fully set forth
herein.
2.
Amendment of
Article 1 . Lease of
Premises .
(a) Commencing
on the First Takedown Space Commencement Date, Section
1.01 of Article
1 of the Lease is hereby amended by substituting
Fourth
Amended Exhibit A , attached hereto and incorporated
herein by reference, on which the Original Premises are
striped, the first takedown space containing approximately
39,693 rentable square feet (the "First Takedown Space"), the
second takedown space containing approximately 19,846
rentable square feet (the "Second Takedown Space"), the third
takedown space containing approximately 19,846 rentable
square feet (the "Third Takedown Space") and the second
additional space containing approximately 258 rentable square
feet (the "Second Additional Space") are cross-hatched and
labeled, in lieu of Third
Amended Exhibit A attached to the Lease.
(b) Commencing
on the First Takedown Space Commencement Date, Section
1.01 , Subsections A, B, C, D, E, H and I of the Lease
are hereby deleted in their entirety and the following is
substituted in lieu thereof:
A. Leased
Premises (depicted on Fourth
Amended Exhibit A attached hereto): Building
Addresses: Woodland Corporate Park V ("Woodland
V"), 7601 Interactive Way, Indianapolis, Indiana 46278 and
Woodland Corporate Park VI ("Woodland VI"), 7635 Interactive
Way, Suites 300 and 400, Indianapolis, Indiana 46278 (the
buildings known as Woodland V and Woodland VI shall
hereinafter be collectively referred to as the "Building",
unless otherwise specifically provided in this
Amendment). Woodland V is located on the land
identified as the "Woodland V Land" on Second
Amended Exhibit A-1 and Woodland VI is located on the
land identified as the "Woodland VI Land" on Second
Amended Exhibit A-1. Unless otherwise
specified herein, the term "Land" as used herein shall refer
to the Woodland V Land and the Woodland VI Land
collectively.
B. Rentable
Area: approximately 120,000 rentable square feet in
Woodland V; commencing on the First Takedown Space
Commencement Date, an additional approximately 39,951 rentable
square feet in Woodland VI; commencing September 1, 2008, an
additional approximately 19,846 rentable square feet in
Woodland VI; and commencing March 1, 2009, an additional
approximately 19,846 rentable square feet in Woodland VI for a
total of approximately 79,643 rentable square feet in Woodland
VI.
For
purposes of this Lease, the Building Owners and Managers
Association International ("BOMA") Standard Method for
Measuring Floor Area In Office Buildings American National
Standard ANSI-Z65.1-1996 approved June 7, 1996 by American
National Standards Institute, Inc. ("BOMA Standards") shall be
utilized to determine the useable area of the Additional Space
and Second Additional Space and the usable area of the
Woodland VI. The Rentable Area shall include the
area within the Additional Space and Second Additional Space
plus a pro rata portion of the area covered by the common
areas within Woodland VI, as reasonably determined by Landlord
prior to Tenant's occupancy of the appropriate Additional
Space and Second Additional Space. Landlord's
determination of Rentable Area in the manner provided shall be
deemed correct for all purposes hereunder; provided, however,
Tenant or Landlord shall have the right, at any time prior to
the earlier of (i) the commencement date for the applicable
Additional Space and Second Additional Space, or (ii) within
fifteen (15) days after the construction of Woodland VI has
progressed to the stage necessary for Tenant to be able to
measure all of the Additional Space and Second Additional
Space in accordance with BOMA Standards and Landlord has
notified Tenant in writing of the same, to have the applicable
Additional Space and Second Additional Space (in the case of
(i) above) or the entire Additional Space and Second
Additional Space (in the case of (ii) above) and Woodland VI
measured by Tenant's architect or, if such measurement is
requested by Landlord, by Landlord's architect (which
measurement Tenant's archite
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