SECOND AMENDMENT TO THE
BASIC LEASE INFORMATION AND
CANYON PARK TECHNOLOGY CENTER
OFFICE BUILDING LEASE AGREEMENT
This Second
Amendment (this “Second Amendment”) to the Basic Lease
Information and Canyon Park Technology Center Office Building Lease
Agreement dated May 9, 2003 and the First Amendment thereto
(together, the “Lease”) is hereby entered into as of
December 8, 2004 (the “Effective Date”) 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. Under the
Lease and First Amendment, Tenant is renting from Landlord certain
office and data center space in Canyon Park Technology Center
(“CPTC”) in Orem, Utah, defined as the
“Premises” in the Lease.
B. Tenant
desires to expand the Premises to include an additional 15,145
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 2nd
Amendment will be January 1, 2005 or 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, agents, customers, and
invitees have ready access to the Building and the Premises through
the lobby, entranceways, and hallways.
2.
Definition of Premises . The definition of
“Premises” under the Lease is amended by adding
additional space of approximately 15,145 RSF to the existing
Premises in the Lease as follows:
Premises G13
and G04 — 14,411 RSF of Building in 1
st floor of G13 and 734 RSF of data center,
office and storage space in Building basement of G04 as shown
crosshatched on Attachment A and A-1 hereto
attached.
3.
Rentable Area . The “Rentable Area” of the
Premises shall increase from 47,915 RSF to 63,060
RSF.
1
