EXHIBIT
10.1
FIRST AMENDMENT TO OFFICE
LEASE
THIS FIRST AMENDMENT TO OFFICE LEASE
(this “First Amendment”), dated November 3, 2006
is made and entered into by and between OTR, an O
HIO G ENERAL P ARTNERSHIP , as
Nominee of The State Teachers Retirement Board of Ohio, a statutory
organization created by the laws of Ohio (“Landlord”),
and R AINMAKER S YSTEMS , I NC ., a D ELAWARE C ORPORATION (“Tenant”), upon the following terms
and conditions.
RECITALS
A. Landlord and Tenant entered into that certain
Office Lease (the “Lease”) dated July 19, 2005,
pursuant to which Tenant leased 16,606 rentable square feet of
space designated as Suite 400 (the “Original
Premises”), located on the 4 th floor of that certain office
building located at 900 East Hamilton Ave, Suite 400, Campbell, CA
95008 (the “Building”).
B. Landlord and Tenant mutually agree to amend the
Lease to, among other things, expand the Tenant’s Premises by
an additional six thousand five hundred forty-three
(6,543) square feet of rentable area, commonly referred to as
Suite 420, located on the 4 th floor of the Building and extend
the term of the Lease for an additional period of one (1) year
and three (3) months, commencing on November 1, 2008 and
expiring on January 31, 2010.
AGREEMENT
NOW, THEREFORE, in consideration of
the mutual covenants and agreements herein and in the Lease, and
for other good and valuable consideration the receipt and
sufficiency of which are hereby acknowledged, it is hereby agreed
as follows:
1. DEFINED TERMS
.
Each capitalized term used as a
defined term in this First Amendment but not otherwise defined
herein shall have the same meaning ascribed to such term in the
Lease, and shall be applied throughout the term of the Lease as
defined herein below.
2. EXPANSION AREA
.
Effective upon February 1, 2007
(the “Expansion Area Commencement”), Landlord shall
deliver, pursuant to the terms of the Work Letter attached hereto,
the space commonly referred to as Suite 420, located on the
4 th floor of the Building, comprising
approximately six thousand five hundred forty-three
(6,543) square feet of rentable are (the “Expansion
Area”).
3. RENEWAL OF TERM
.
Tenant acknowledges that, to the
best of its knowledge, Landlord is not in default of the Lease, and
that Tenant is in possession of the Premises. The term of the Lease
for Tenant’s existing Premises consisting of sixteen thousand
six hundred six rentable square feet is hereby amended to extend
for an additional period of one (1) year and t
