Attached files
| file | filename |
|---|---|
| 10-Q - FORM 10-Q - Constant Contact, Inc. | b81949e10vq.htm |
| EX-32.2 - EX-32.2 - Constant Contact, Inc. | b81949exv32w2.htm |
| EX-31.1 - EX-31.1 - Constant Contact, Inc. | b81949exv31w1.htm |
| EX-31.2 - EX-31.2 - Constant Contact, Inc. | b81949exv31w2.htm |
| EX-10.2 - EX-10.2 - Constant Contact, Inc. | b81949exv10w2.htm |
| EX-32.1 - EX-32.1 - Constant Contact, Inc. | b81949exv32w1.htm |
Exhibit 10.1
FIRST AMENDMENT TO LEASE
FIRST AMENDMENT TO LEASE dated as of this 3rd day of May 2010, by and between BP
RESERVOIR PLACE LLC, a Delaware limited liability company (successor-in-interest to Boston
Properties Limited Partnership) (“Landlord”) and CONSTANT CONTACT, INC., a Delaware corporation
(“Tenant”).
RECITALS
By Lease dated May 29, 2009 (the “Lease”), Landlord did lease to Tenant and Tenant did lease
from Landlord certain premises (the “Premises”) in the building known as Reservoir Place Main and
numbered 1601 Trapelo Road, Waltham, Massachusetts (the “Building”) as set forth in the Lease.
The initial premises leased by Tenant under the Lease consists of 85,583 square feet of
rentable floor area located on the third (3rd) floor of the building (the “Initial
Premises”). Article XVII of the Lease provides for portions of the second (2nd) and
third (3rd) floors of the Building, compromising an additional 52,844 rentable square
feet (collectively defined in the Lease as the “Must Take Premises” and individually defined in the
Lease as “Premises Components”), to be incorporated into the Premises at the times and upon the
terms set forth in the Lease.
Landlord and Tenant are entering into this First Amendment to Lease (the “Amendment”) to
acknowledge those Premises Components which have previously been delivered to Tenant, to
acknowledge certain Premises Components which are scheduled to be delivered to Tenant and to amend
the Lease with regard to the process for incorporating Premises Components into the Premises.
NOW THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable
consideration in hand this date paid by each of the parties to the other, the receipt and
sufficiency of which are hereby severally acknowledged, and in further consideration of the mutual
promises herein contained, Landlord and Tenant, hereby agree to and with each other as follows:
1. Section 17.2(B) of the Lease is hereby deleted in its entirety and replaced with the
following:
“(B) Notwithstanding the fact that the incorporation of individual
Premises Components of the Must Take Premises shall be
self-executing, the parties hereby agree to execute a written
Declaration in which the commencement date with respect to such
Premises Component shall be stated, as required pursuant to Section
3.1 of the Lease (a “Declaration”).”
2. Landlord and Tenant hereby acknowledge that certain individual Premises Components of the
Must Take Premises have previously been delivered to Tenant pursuant to the Lease. In connection
therewith, Landlord and Tenant further acknowledge that, prior to the execution of this Amendment,
Landlord and Tenant have executed the Declarations attached hereto as Exhibit A.
3. In addition, Landlord and Tenant acknowledge that additional Premises Components are
scheduled to be incorporated into the Premises in accordance with the terms and provisions of the
Lease, including, without limitation, the terms and provisions of Section 3.1 and Article XVII
thereof.
After the delivery of each Premises Component, Landlord and Tenant shall enter into a
Declaration, in accordance with the terms and provisions of Section 17.2(B) of the Lease, as
amended by Section 1 hereof.
4. Except as otherwise specifically set forth herein, the leasing of the Must Take Premises
shall be upon all of the terms and conditions set forth in the Lease with regard to such space,
including, without limitation, the delivery dates, condition upon delivery, construction allowance,
payments for Annual Fixed Rent, operating expenses, taxes and electricity and parking privileges.
5. Except as otherwise expressly provided herein, all capitalized terms used herein without
definition shall have the same meanings as are set forth in the Lease.
6. Except as herein amended the Lease shall remain unchanged and in full force and effect.
All references to the “Lease” shall be deemed to be references to the Lease as amended hereby.
[Remainder of page intentionally left blank.]
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EXECUTED as a sealed instrument as of the date and year first above written.
| LANDLORD: BP RESERVOIR PLACE LLC |
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| By: | Boston Properties Limited Partnership, its sole manager |
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| By: | Boston Properties, Inc., its general manager | |||||||||
| By: | /s/ David C. Provost | |||||||||
| Name: | David C. Provost | |||||||||
| Title: | Senior Vice President | |||||||||
| ATTEST: | TENANT: CONSTANT CONTACT, INC. |
|||||||||||||
By:
|
/s/ John B. Wagner | By: | /s/ Gail F. Goodman | |||||||||||
| Name: | John B. Wagner | Name: | Gail F. Goodman | |||||||||||
| Title: | Title: | CEO | ||||||||||||
| By: | /s/ Robert P. Nault | |||||||||||||
| Name: | Robert P. Nault | |||||||||||||
| Title: | Vice President and General Counsel | |||||||||||||
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EXHIBIT A
DECLARATIONS
(see attached)
Intentionally Omitted