FIRST AMENDMENT TO THE
BASIC LEASE INFORMATION AND
CANYON PARK TECHNOLOGY CENTER
OFFICE BUILDING LEASE AGREEMENT
This First
Amendment (this “First Amendment”) to the Basic Lease
Information and Canyon Park Technology Center Office Building Lease
Agreement (the “Lease”) is hereby entered into as of
May 6, 2004 (the “Effective Date”) by and between
Canyon Park Management Company representing 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,
dated May 9, 2003 (the “Lease Date”).
A. Under the
Lease, Tenant is renting from Landlord certain office space in
Canyon Park Technology Center (“CPTC”) in Orem, Utah,
defined as the “Premises” in the Lease.
B. The
Commencement Date under the Lease will be modified to correspond
with Tenants occupancy of the Premises.
C. Tenant
requests that the Basic Rental Rate be modified and increased to
cover costs of additional Tenant Improvements requested by Tenant
and paid by Landlord.
D. Rent
Abatement Dates in the Lease will be modified to correspond with
occupancy of the Premises by the Tenant.
E. Tenant
desires to expand the Premises to include an additional 31,357
rentable square feet (“RSF”) of space in Building G at
CPTC.
Therefore,
Landlord and Tenant agree as follows:
1.
Commencement Date . The Commencement Date under the Basic
Lease will be changed from August 15, 2003 to April 1,
2004. The Commencement Date for the additional Premises is as
follows:
Section 4-i below will have a Commencement
Date of April 1, 2004. Section 4 ii & iii below will
have a Commencement Date on date on which the Premises are
Substantially Completed. For purposes of this Lease,
“Substantially Completed” and/or “Substantial
Completion” means the earlier of (a) the date on which
Tenant actually occupies the Premises, or (b) the date on
which (i) Tenant Improvements for the Premises
(“Leasehold Improvements”) have been completed so that
Tenant may use the Premises for their intended purpose;
(ii) Landlord has obtained authorization for occupancy of the
Premises from appropriate governmental authorities, if required;
and (iii) Tenant, its employees,
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agents,
customers, and invitees have ready access to the Building and the
Premises through the lobby, entranceways, and hallways.
2. Basic
Rental . Tenant agrees that the Basic Rental rate under the
Lease shall increase by $ 2,027.64 per month over the Term
of the Lease.
3. Rent
Abatement . Tenant and Landlord agree that the Rent Abatement
dates under the Lease, August 15, 2003 through August 14,
2004 will be changed to, April 1, 2004 through January 31,
2005.
4.
Definition of Premises . The definition of
“Premises” under the Lease is amended by adding
additional space of approximately 31,357 RSF to the existing
Premises in the Lease as follows:
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i.
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Premise G14 and G04 — 3,439
RSF of Building in 1 st floor lobby space of G14 and 364 RSF
of data center space in Building basement of G04 as shown
crosshatched on Attachment A-1 & A-2 hereto
attached will be added to the Premises.
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ii.
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Premise G15 — 13,030 RSF of
Building in 1 st floor G15 office space as shown
crosshatched on Attachment A-1 hereto attached will be added
to the Premises.
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iii.
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Premise G23 — 14,523 RSF of
Building in 2nd floor G23 office space as shown crosshatched on
Attachment A-2 hereto attached will be added to the
Premises.
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5.
Rentable Area . The “Rentable Area” of the
Premises shall increase from 16,558 RSF to 47,915 RSF.
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