FIFTH AMENDMENT TO THE
BASIC LEASE INFORMATION AND
CANYON PARK TECHNOLOGY CENTER
OFFICE BUILDING LEASE AGREEMENT
This Fifth
Amendment (this “Fifth Amendment”) to the Canyon Park
Technology Center Office Building Lease Agreement and the Basic
Lease Information pertaining thereto, as amended (the
“Lease”), is entered into effective for all purposes as
of the 25 th
day of January 2006 by and
between TCU PROPERTIES I, LLC, a Utah limited liability company
(“Landlord”), and OMNITURE, INC., a Delaware
corporation (“Tenant”), having an office at 550 East
Timpanogos Circle, Orem, Utah 84097.
A. Landlord
and Tenant are parties to the Lease, together with the First,
Second, Third and Fourth Amendments to the Lease, for certain
office space in Canyon Park Technology Center (“CPTC”)
in Orem, Utah, defined in the Lease as the
“Premises.”
B. Tenant
desires to expand the Premises to include additional space in the
basement of Building G at CPTC.
C. Tenant
also desires to extend the Term of the Lease and amend certain
other provisions of the Lease as set forth below.
Therefore,
Landlord and Tenant agree as follows:
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1.
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Amendment of Fourth
Amendment .
Landlord and Tenant hereby amend the Fourth Amendment to the Basic
Lease Information and Canyon Park Technology Center Office Building
Lease Agreement dated May 31, 2005 concerning 432 rentable
square feet of storage space (the “Storage Space”)
located in G-02. The Fourth Amendment is no longer of any force or
effect, and the Storage Space contemplated therein is now part of
the Premises added by way of this Fifth Amendment.
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2.
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Premises . The definition of
“Premises” under the Lease is amended by adding
approximately 11,065 rentable square feet of space located
in the basement of Building G as set forth below:
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G-01
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9,551 rentable
square feet
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G-02
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1,514 rentable
square feet
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G-01 shall be “garden
level” space, as set forth below, and G-02 shall be used as a
data center. The Premises are shown cross-hatched on the floor plan
attached hereto as Exhibit A .
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3.
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Rentable Area
. The “Rentable
Area” of the Premises under the Lease shall increase to
102,566 rentable square feet.
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4.
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Basic Rent for G-01 and
G-02 . Tenant
agrees that the Basic Rental fee for the Premises added by way of
this Fifth Amendment shall be $13.57 per rentable square foot per
year, or $12,512.67 monthly, and $150,152.05 annually. Monthly
rent for the Premises added under this Fifth Amendment shall be due
in accordance with the payment terms in the Lease.
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5.
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Commencement Date — G-01 and
G-02 .
January 1, 2007. Landlord agrees that the excavation,
installation of the rock wall and construction of the “Garden
Level” as outlined in Section 12 and the Tenant
Improvements in G-01 and G-02 shall be substantially completed on
or before January 1, 2007. For purposes of this Amendment,
“Substantially Completed” means the date on which
(i) Tenant improvements for the Premises have been completed
(punch list items excluded) as per the approved blue prints;
(ii) Landlord has obtained authorization for occupancy of the
Premises from appropriate governmental authorities; (iii) the
alterations and Tenant Improvements installed by Landlord are
installed and in good operating order; (iv) the Premises are
ready for the installation of the equipment, furniture, fixtures
that Tenant will install; and (v) the following items are
installed by Landlord and in good operating order: (A) entry
ways, hallways and office space on which the Premises are located
(including walls, flooring, ceiling, lighting, etc.),
(B) heating, ventilation, and air conditioning
(“HVAC”) systems, other mechanical systems, utilities
and plumbing servicing the Premises, and (C) the doors and
hardware serving the Premises: and (vi) Landlord has delivered
possession of the Premises to Tenant in similar condition to the
previous Tenant Premises.
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6.
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Annual Increases for G-01 and
G-02 . With
regard to G-01 and G-02, Basic Rental under the Lease shall
escalate $0.425 per rental square foot on January 1, 2008 and on
each one-year anniversary thereafter, for the Term of the
Lease.
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7.
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Premises Summary Chart
. Notwithstanding
anything to the contrary contained in any amendment to the
Le
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